State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]



90_SB1378

      SEE INDEX
          Amends  the  School  Code.  In  the  State  aid   formula
      applicable  to  the  1998-99  and  subsequent  school  years,
      revises  provisions  under which general State aid grants are
      to be paid to school  districts  based  on  their  low-income
      concentration    level.    Provides   that   the   low-income
      concentration level is to be based upon the number of  pupils
      eligible   to   receive  free  or  reduced-price  lunches  or
      breakfasts under federal law (rather than upon the low-income
      eligible pupil count from the most recently available federal
      census),  divided  by  average  daily   attendance.   Deletes
      language  requiring  that  if  the  aggregate  amount  of any
      hold-harmless payments that school districts are  to  receive
      in  any school year, as computed under the applicable formula
      for that school year, is greater than  the  aggregate  amount
      appropriated  for  that  purpose,  the hold-harmless payments
      that school districts receive for that school year are to  be
      prorated  accordingly. Permits school districts participating
      in  the  Reading  Improvement  Block  Grant  Program  to  use
      assessment methods other than the reading portion of the IGAP
      tests to measure student reading skills.  In  the  provisions
      relating to administrative expenditure limitations applicable
      to  school  districts other than the Chicago school district,
      revises the definition of administrative expenditures. Amends
      the School Construction Law.  Eliminates the requirement that
      a school district meet certain minimum  enrollment  standards
      in  order  to  be  eligible  to receive a school construction
      project grant. Also amends the General State  Aid  Continuing
      Appropriation   Law.   Changes  the  Law's  short  title  and
      includes hold-harmless payments required to be made to school
      districts under the State aid formula  within  the  ambit  of
      that  Law's  application.   Effective immediately, except the
      amendments of the School Code take effect July 1, 1998.
                                                     LRB9011418THpk
                                               LRB9011418THpk
 1        AN ACT relating to education.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  5.   The  School  Code  is  amended  by changing
 5    Sections 2-3.51, 17-1.5, and 18-8.05 as follows:
 6        (105 ILCS 5/2-3.51) (from Ch. 122, par. 2-3.51)
 7        Sec. 2-3.51.  Reading Improvement  Block  Grant  Program.
 8    To  improve  the  reading  and  study skills of children from
 9    kindergarten through sixth grade in  school  districts.   The
10    State  Board  of  Education  is  authorized  to  administer a
11    Reading Improvement Block Grant Program.   As  used  in  this
12    Section,   "school  district"  shall  include  those  schools
13    designated as "laboratory schools".
14        (a)   Funds  for  the  Reading  Improvement  Block  Grant
15    Program  shall  be  distributed  to  school  districts on the
16    following basis:  70% of monies shall be awarded on the prior
17    year's best 3 months average daily attendance and  30%  shall
18    be  distributed  on  the number of economically disadvantaged
19    (E.C.I.A. Chapter I) pupils in the  district,  provided  that
20    the  State Board may distribute an amount not to exceed 2% of
21    the monies appropriated for  the  Reading  Improvement  Block
22    Grant  Program  for the purpose of providing teacher training
23    and re-training in the teaching  of  reading.  Program  funds
24    shall  be  distributed  to  school districts in 2 semi-annual
25    installments, one payment on or before October  30,  and  one
26    payment  prior  to  April  30,  of each year. The State Board
27    shall promulgate rules  and  regulations  necessary  for  the
28    implementation of this program.
29        (a-5)  Reading  Improvement  Block  Grant  Program  funds
30    shall be used by school districts in the following manner:
31             (1)  to  reduce  class  size  in grades kindergarten
                            -2-                LRB9011418THpk
 1        through 3 for the purpose of providing  more  intensified
 2        reading instruction;
 3             (2)  to  extend  the  time  devoted  in kindergarten
 4        through third grade to intensified  reading  instruction,
 5        including  phonic  instruction, either by lengthening the
 6        school day or lengthening the school year;
 7             (3)  to  create  transitional  grades  for  students
 8        needing intensified reading  instruction  either  between
 9        the  first  and  second  grades or between the second and
10        third grades in accordance  with  the  authority  granted
11        school districts in Section 10-21.2 of this Code;
12             (4)  to  continue  direct  reading  instruction  for
13        grades 4 through 6;
14             (5)  to  establish reading academies in schools that
15        focus on the mechanics of  reading,  the  application  of
16        reading  skills,  and  the reading of rich literature and
17        that reflect a commitment of time and resources to  these
18        functions;
19             (6)  to  conduct  intense  vocabulary, spelling, and
20        related writing enrichment programs that  promote  better
21        understanding of language and words;
22             (7)  to   increase   the   availability  of  reading
23        specialists and teacher aides for reading; and
24             (8)  to train and retrain teachers  of  kindergarten
25        through  third  grade to be proficient in the teaching of
26        reading, including phonic instruction.
27        (a-10)  Reading Improvement  Block  Grant  Program  funds
28    shall  be  made  available  to  each eligible school district
29    submitting an approved application  developed  by  the  State
30    Board  beginning  with the 1998-99 school year.  Applications
31    shall include a proposed assessment  method  or  methods  for
32    measuring  student  reading skills.  Such methods may include
33    the reading portion of  the  Illinois  Goals  and  Assessment
34    Program.   At  the end of each school year the district shall
                            -3-                LRB9011418THpk
 1    report assessment results to the State Board.  Districts  not
 2    demonstrating   performance   progress   using   an  approved
 3    assessment method shall not be eligible for  funding  in  the
 4    third or subsequent years until such progress is established.
 5    Reading  Improvement  Block Grant Program funds shall be made
 6    available to  each  eligible  school  district  submitting  a
 7    one-page  application  developed by the State Board beginning
 8    with the 1998-99 school  year.   Applications  shall  include
 9    existing Illinois Goals and Assessment Program (IGAP) reading
10    scores and the planned use for the funds.  At the end of each
11    school year the school district shall report new IGAP results
12    on  the  same  form.   Each  application,  beginning with the
13    1998-99 school year, shall be for a  2-year  grant  based  on
14    initial  year  qualification.   Districts  not  demonstrating
15    performance  progress using  IGAP reading scores as the basis
16    of measure based on metrics of progress  established  by  the
17    State Board shall not be eligible for funding in the third or
18    subsequent   years   thereafter   until  such    progress  is
19    established.
20        (a-15)  The  State  Superintendent   of   Education,   in
21    cooperation  with  the  school districts participating in the
22    program, shall annually  report  to  the  leadership  of  the
23    General  Assembly  on  the results of the Reading Improvement
24    Block Grant Program and the progress being made on  improving
25    the  reading  skills  of students in kindergarten through the
26    sixth grade.
27        (b)  (Blank).
28        (c)  (Blank).
29        (d)  Grants under the Reading Improvement  Program  shall
30    be  awarded  provided  there  is  an  appropriation  for  the
31    program,  and  funding  levels  for  each  district  shall be
32    prorated according to the amount of the appropriation.
33        (e)  (Blank).
34        (f)  (Blank).
                            -4-                LRB9011418THpk
 1    (Source: P.A. 90-548, eff. 1-1-98.)
 2        (105 ILCS 5/17-1.5)
 3        Sec. 17-1.5.  Limitation of administrative costs.
 4        (a)  It is the  purpose  of  this  Section  to  establish
 5    limitations  on  the growth of administrative expenditures in
 6    order to maximize the proportion of school district resources
 7    available   for   the   instructional    program,    building
 8    maintenance,  and  safety  services  for the students of each
 9    district.
10        (b)  Definitions.  For the purposes of this Section:
11        "Administrative expenditures" mean the annual expenditure
12    expenditures of school  districts  properly  attributable  to
13    expenditure  function  2321  (Office  of  the  Superintendent
14    Services)  as  functions  defined  by  the rules of the State
15    Board of Education as: 2310 (Board  of  Education  Services);
16    2320 (Executive Administration Services);  2330 (Special Area
17    Administration  Services);  2490  (Other  Support  Services -
18    School Administration); 2510 (Direction of  Business  Support
19    Services);  2520 (Fiscal Services); 2570 (Internal Services);
20    2600  (Total  Support   Services   -   Central);    and   all
21    expenditures  properly  attributable  for  the  Service  Area
22    Direction  of  functions  2540 (Operations and Maintenance of
23    Plant Services), 2550 (Pupil  Transportation  Services),  and
24    2560 (Food Services).
25        "Instructional expenditures" mean the annual expenditures
26    of  school  districts  properly  attributable  to expenditure
27    functions  defined  by  the  rules  of  the  State  Board  of
28    Education  as:  1100  (Regular   Programs);   1200   (Special
29    Education   Programs);  1250  (Educational  Deprived/Remedial
30    Programs); 1300 (Adult/Continuing Education  Programs);  1400
31    (Vocational  Programs); 1500 (Interscholastic Programs); 1600
32    (Summer School  Programs);  1650  (Gifted    Programs);  1800
33    (Bilingual  Programs);  and  1900  (Truants'  Alternative and
                            -5-                LRB9011418THpk
 1    Optional Programs).
 2        "School district" means all  school  districts  having  a
 3    population of less than 500,000.
 4        (c)  For  the  1998-99  school  year and each school year
 5    thereafter, each school district  shall  undertake  budgetary
 6    and  expenditure  control  actions  so  that  the increase in
 7    administrative expenditures for that  school  year  over  the
 8    prior  school  year  do  not  exceed  the lesser of 5% or the
 9    percentage increase in instructional  expenditures  for  that
10    school  year  over  the  prior school year.  School districts
11    with  administrative  expenditures  per  pupil  in  the  25th
12    percentile and below for all districts of the same  type,  as
13    defined  by  the  State  Board  of  Education,  may waive the
14    limitation imposed under this Section for any year  with  the
15    affirmative vote of at least two-thirds of the members of the
16    school board of the district.
17        (d)  School  districts shall file with the State Board of
18    Education by October 15, 1998  and    by  each  October  15th
19    thereafter  a  one-page  report  that  lists  (i)  the actual
20    administrative  expenditures  and  the  actual  instructional
21    expenditures for the prior year from the  district's  audited
22    Annual    Financial    Report,   and   (ii)   the   projected
23    administrative expenditures and the  projected  instructional
24    expenditures  for the current year from the budget adopted by
25    the school board pursuant to Section 17-1 of this  Code.   If
26    the report and information required under this subsection (d)
27    is not provided by the school district in a timely manner, or
28    is   initially   or  subsequently  determined  by  the  State
29    Superintendent of Education to be incomplete  or  inaccurate,
30    the State Superintendent shall notify the district in writing
31    of reporting deficiencies.  The school district shall, within
32    60  days  of  the  notice, address the reporting deficiencies
33    identified.  If the State Superintendent does not  receive  a
34    satisfactory  response to these reporting deficiencies within
                            -6-                LRB9011418THpk
 1    these 60 days, the next payment of general State aid due  the
 2    district  under Section 18-8 of this Code, and all subsequent
 3    payments, may be withheld until the  deficiencies  have  been
 4    addressed.
 5        (e)  If the State Superintendent determines that a school
 6    district   has  failed  to  comply  with  the  administrative
 7    expenditure limitation imposed  in  subsection  (c)  of  this
 8    Section  by  adopting a budget in violation of the limitation
 9    or by having actual administrative expenditures for the prior
10    year in excess of the limitation,  the  State  Superintendent
11    shall  notify  the  district  of the violation and direct the
12    district  to  undertake  corrective  action  to   bring   the
13    district's  budget  into  compliance  with the administrative
14    expenditure limitation.  The district shall, within  60  days
15    of  the  notice,  provide  adequate  assurance  to  the State
16    Superintendent that appropriate corrective actions have  been
17    or  will be taken.  If the district fails to provide adequate
18    assurance or fails  to  undertake  the  necessary  corrective
19    actions, the State Superintendent may withhold all subsequent
20    payments  of general State aid due the district under Section
21    18-8 of this Code until the  assurance  is  provided  or  the
22    corrective actions taken.
23        (f)  The  State  Superintendent shall publish a list each
24    year of the school  districts  that  violate  the  limitation
25    imposed  by  subsection (c) of this Section.  The State Board
26    of Education may recommend to the General  Assembly  and  the
27    Governor  any  additional  sanctions or remedial actions that
28    they determine necessary to  deter  non-compliance  with  the
29    limitation.
30    (Source: P.A. 90-548, eff. 1-1-98.)
31        (105 ILCS 5/18-8.05)
32        (This  Section  may contain text from a Public Act with a
33    delayed effective date.)
                            -7-                LRB9011418THpk
 1        Sec. 18-8.05.  Basis for apportionment of  general  State
 2    financial  aid  and  supplemental  general  State  aid to the
 3    common schools for the 1998-1999 and subsequent school years.
 4    (A)  General Provisions.
 5        (1)  The  provisions  of  this  Section  apply   to   the
 6    1998-1999 and subsequent school years.  The system of general
 7    State  financial aid provided for in this Section is designed
 8    to assure that, through a combination of State financial  aid
 9    and  required local resources, the financial support provided
10    each pupil in Average Daily Attendance equals  or  exceeds  a
11    prescribed per pupil Foundation Level.  This formula approach
12    imputes  a  level  of per pupil Available Local Resources and
13    provides for the basis to calculate  a  per  pupil  level  of
14    general  State  financial  aid  that, when added to Available
15    Local Resources, equals or exceeds the Foundation Level.  The
16    amount of per pupil general State financial  aid  for  school
17    districts,   in   general,  varies  in  inverse  relation  to
18    Available Local Resources.  Per pupil amounts are based  upon
19    each  school district's Average Daily Attendance as that term
20    is defined in this Section.
21        (2)  In addition to general State financial  aid,  school
22    districts  with  specified levels or concentrations of pupils
23    from  low  income  households   are   eligible   to   receive
24    supplemental  general  State financial aid grants as provided
25    pursuant to subsection (H). The supplemental State aid grants
26    provided for school districts under subsection (H)  shall  be
27    appropriated  for distribution to school districts as part of
28    the same line item in which the general State  financial  aid
29    of school districts is appropriated under this Section.
30        (3)  To  receive financial assistance under this Section,
31    school districts are required to file claims with  the  State
32    Board of Education, subject to the following requirements:
33             (a)  Any  school  district which fails for any given
34        school year to maintain school as required by law, or  to
                            -8-                LRB9011418THpk
 1        maintain  a recognized school is not eligible to file for
 2        such school year any claim upon the Common  School  Fund.
 3        In  case  of  nonrecognition  of  one  or more attendance
 4        centers  in  a  school   district   otherwise   operating
 5        recognized  schools,  the  claim of the district shall be
 6        reduced  in  the  proportion  which  the  Average   Daily
 7        Attendance  in  the  attendance center or centers bear to
 8        the Average Daily Attendance in the school  district.   A
 9        "recognized  school"  means any public school which meets
10        the standards as established for recognition by the State
11        Board of Education.   A  school  district  or  attendance
12        center  not  having  recognition  status  at the end of a
13        school term is entitled to receive State aid payments due
14        upon  a  legal  claim  which  was  filed  while  it   was
15        recognized.
16             (b)  School district claims filed under this Section
17        are subject to Sections 18-9, 18-10, and 18-12, except as
18        otherwise provided in this Section.
19             (c)  If  a  school  district  operates  a  full year
20        school under Section 10-19.1, the general  State  aid  to
21        the  school  district  shall  be  determined by the State
22        Board of Education in accordance  with  this  Section  as
23        near as may be applicable.
24             (d)  Claims  for  financial  assistance  under  this
25        Section  shall  not  be  recomputed  except  as expressly
26        provided under this Section.
27        (4)  Except as provided in subsections (H) and  (L),  the
28    board  of  any  district receiving any of the grants provided
29    for in this Section may apply those  funds  to  any  fund  so
30    received   for   which  that  board  is  authorized  to  make
31    expenditures by law.
32        School districts are not  required  to  exert  a  minimum
33    Operating  Tax  Rate in order to qualify for assistance under
34    this Section.
                            -9-                LRB9011418THpk
 1        (5)  As used in this Section the  following  terms,  when
 2    capitalized, shall have the meaning ascribed herein:
 3             (a)  "Average  Daily  Attendance":  A count of pupil
 4        attendance  in  school,  averaged  as  provided  for   in
 5        subsection   (C)  and  utilized  in  deriving  per  pupil
 6        financial support levels.
 7             (b)  "Available Local Resources":  A computation  of
 8        local  financial support, calculated on the basis Average
 9        Daily Attendance and  derived  as  provided  pursuant  to
10        subsection (D).
11             (c)  "Corporate    Personal   Property   Replacement
12        Taxes":  Funds paid to local school districts pursuant to
13        "An Act in  relation  to  the  abolition  of  ad  valorem
14        personal  property  tax  and  the replacement of revenues
15        lost thereby, and amending and repealing certain Acts and
16        parts of Acts in connection therewith", certified  August
17        14, 1979, as amended (Public Act 81-1st S.S.-1).
18             (d)  "Foundation  Level":  A prescribed level of per
19        pupil financial support as  provided  for  in  subsection
20        (B).
21             (e)  "Operating  Tax  Rate":   All  school  district
22        property   taxes   extended   for  all  purposes,  except
23        community college educational purposes for the payment of
24        tuition under Section 6-1 of the Public Community College
25        Act, Bond and  Interest,  Summer  School,  Rent,  Capital
26        Improvement, and Vocational Education Building purposes.
27    (B)  Foundation Level.
28        (1)  The  Foundation Level is a figure established by the
29    State representing the minimum level of per  pupil  financial
30    support  that  should  be  available to provide for the basic
31    education of each pupil in Average Daily Attendance.  As  set
32    forth  in  this  Section,  each school district is assumed to
33    exert  a  sufficient  local  taxing  effort  such  that,   in
34    combination with the aggregate of general State financial aid
                            -10-               LRB9011418THpk
 1    provided  the  district,  an  aggregate  of  State  and local
 2    resources are available to meet the basic education needs  of
 3    pupils in the district.
 4        (2)  For  the 1998-1999 school year, the Foundation Level
 5    of support is $4,225.  For the  1999-2000  school  year,  the
 6    Foundation  Level  of  support  is $4,325.  For the 2000-2001
 7    school year, the Foundation Level of support is $4,425.
 8        (3)  For the 2001-2002 school year and each  school  year
 9    thereafter, the Foundation Level of support is $4,425 or such
10    greater  amount  as  may be established by law by the General
11    Assembly.
12    (C)  Average Daily Attendance.
13        (1)  For  purposes  of  calculating  general  State   aid
14    pursuant  to  subsection  (E),  an  Average  Daily Attendance
15    figure shall  be  utilized.   The  Average  Daily  Attendance
16    figure  for formula calculation purposes shall be the monthly
17    average of the actual number of pupils in attendance of  each
18    school district, as further averaged for the best 3 months of
19    pupil  attendance for each school district.  In compiling the
20    figures for  the  number  of  pupils  in  attendance,  school
21    districts  and  the  State  Board  of  Education  shall,  for
22    purposes  of  general  State  aid funding, conform attendance
23    figures to the requirements of subsection (F).
24        (2)  The Average Daily  Attendance  figures  utilized  in
25    subsection (E) shall be the requisite attendance data for the
26    school  year  immediately preceding the school year for which
27    general State aid is being calculated.
28    (D)  Available Local Resources.
29        (1)  For  purposes  of  calculating  general  State   aid
30    pursuant  to  subsection  (E),  a representation of Available
31    Local Resources per  pupil,  as  that  term  is  defined  and
32    determined  in this subsection, shall be utilized.  Available
33    Local Resources per pupil shall include a  calculated  dollar
                            -11-               LRB9011418THpk
 1    amount representing local school district revenues from local
 2    property   taxes   and   from   Corporate  Personal  Property
 3    Replacement Taxes,  expressed  on  the  basis  of  pupils  in
 4    Average Daily Attendance.
 5        (2)  In  determining  a  school  district's  revenue from
 6    local property taxes, the  State  Board  of  Education  shall
 7    utilize  the  equalized  assessed  valuation  of  all taxable
 8    property of each school district as of September  30  of  the
 9    previous  year.   The  equalized  assessed valuation utilized
10    shall be obtained and determined as  provided  in  subsection
11    (G).
12        (3)  For school districts maintaining grades kindergarten
13    through  12,  local  property tax revenues per pupil shall be
14    calculated  as  the  product  of  the  applicable   equalized
15    assessed  valuation for the district multiplied by 3.00%, and
16    divided by the district's Average  Daily  Attendance  figure.
17    For  school districts maintaining grades kindergarten through
18    8, local property tax revenues per pupil shall be  calculated
19    as the product of the applicable equalized assessed valuation
20    for  the  district  multiplied  by  2.30%, and divided by the
21    district's  Average  Daily  Attendance  figure.   For  school
22    districts maintaining grades 9 through 12, local property tax
23    revenues per pupil shall be the applicable equalized assessed
24    valuation of the district multiplied by 1.20%, and divided by
25    the district's Average Daily Attendance figure.
26        (4)  The Corporate Personal  Property  Replacement  Taxes
27    paid to each school district during the calendar year 2 years
28    before  the  calendar  year  in  which  a school year begins,
29    divided by the  Average  Daily  Attendance  figure  for  that
30    district,  shall  be added to the local property tax revenues
31    per pupil as derived by the application  of  the  immediately
32    preceding  paragraph (3).  The sum of these per pupil figures
33    for each school district  shall  constitute  Available  Local
34    Resources  as  that term is utilized in subsection (E) in the
                            -12-               LRB9011418THpk
 1    calculation of general State aid.
 2    (E)  Computation of General State Aid.
 3        (1)  For each school year, the amount  of  general  State
 4    aid  allotted  to  a school district shall be computed by the
 5    State Board of Education as provided in this subsection.
 6        (2)  For any school district for  which  Available  Local
 7    Resources  per  pupil  is less than the product of 0.93 times
 8    the Foundation Level, general State  aid  for  that  district
 9    shall  be  calculated  as  an  amount equal to the Foundation
10    Level minus Available  Local  Resources,  multiplied  by  the
11    Average Daily Attendance of the school district.
12        (3)  For  any  school  district for which Available Local
13    Resources per pupil is equal to or greater than  the  product
14    of  0.93 times the Foundation Level and less than the product
15    of 1.75 times the Foundation Level, the general State aid per
16    pupil shall be a decimal proportion of the  Foundation  Level
17    derived   using   a  linear  algorithm.   Under  this  linear
18    algorithm, the calculated general State aid per  pupil  shall
19    decline   in  direct  linear  fashion  from  0.07  times  the
20    Foundation Level for a school district with  Available  Local
21    Resources  equal  to the product of 0.93 times the Foundation
22    Level, to 0.05  times  the  Foundation  Level  for  a  school
23    district  with Available Local Resources equal to the product
24    of 1.75  times  the  Foundation  Level.   The  allocation  of
25    general  State  aid  for  school  districts  subject  to this
26    paragraph 3 shall be the calculated  general  State  aid  per
27    pupil  figure  multiplied  by the Average Daily Attendance of
28    the school district.
29        (4)  For any school district for  which  Available  Local
30    Resources  per  pupil  equals  or exceeds the product of 1.75
31    times the Foundation Level, the general  State  aid  for  the
32    school  district  shall  be calculated as the product of $218
33    multiplied by the Average  Daily  Attendance  of  the  school
34    district.
                            -13-               LRB9011418THpk
 1    (F)  Compilation of Average Daily Attendance.
 2        (1)  Each  school district shall, by July 1 of each year,
 3    submit to the State Board of Education, on  forms  prescribed
 4    by  the  State Board of Education, attendance figures for the
 5    school year that began in the preceding calendar  year.   The
 6    attendance  information  so  transmitted  shall  identify the
 7    average daily attendance figures for each month of the school
 8    year, except that any days of attendance in August  shall  be
 9    added to the month of September and any days of attendance in
10    June shall be added to the month of May.
11        Except  as  otherwise  provided  in this Section, days of
12    attendance by pupils shall be counted only  for  sessions  of
13    not  less  than  5  clock  hours of school work per day under
14    direct supervision of: (i)  teachers,  or  (ii)  non-teaching
15    personnel   or   volunteer   personnel   when   engaging   in
16    non-teaching   duties  and  supervising  in  those  instances
17    specified in subsection (a) of Section 10-22.34 and paragraph
18    10 of Section 34-18, with pupils of legal school age  and  in
19    kindergarten and grades 1 through 12.
20        Days  of attendance by tuition pupils shall be accredited
21    only to the districts that pay the tuition  to  a  recognized
22    school.
23        (2)  Days  of  attendance  by pupils of less than 5 clock
24    hours of school shall be subject to the following  provisions
25    in the compilation of Average Daily Attendance.
26             (a)  Pupils  regularly  enrolled  in a public school
27        for only a part of the school day may be counted  on  the
28        basis  of  1/6 day for every class hour of instruction of
29        40 minutes or more attended pursuant to such enrollment.
30             (b)  Days of attendance may be  less  than  5  clock
31        hours  on the opening and closing of the school term, and
32        upon the first day of pupil attendance, if preceded by  a
33        day  or  days  utilized  as  an  institute  or  teachers'
34        workshop.
                            -14-               LRB9011418THpk
 1             (c)  A  session  of  4  or  more  clock hours may be
 2        counted as a day of attendance upon certification by  the
 3        regional   superintendent,  and  approved  by  the  State
 4        Superintendent  of  Education  to  the  extent  that  the
 5        district has been forced to use daily multiple sessions.
 6             (d)  A session of 3  or  more  clock  hours  may  be
 7        counted  as a day of attendance (1) when the remainder of
 8        the school day or at least 2 hours in the evening of that
 9        day is utilized for an in-service  training  program  for
10        teachers,  up  to  a maximum of 5 days per school year of
11        which a maximum of 4 days of such 5 days may be used  for
12        parent-teacher  conferences, provided a district conducts
13        an in-service training program  for  teachers  which  has
14        been  approved  by the State Superintendent of Education;
15        or, in lieu of 4 such days, 2 full days may be  used,  in
16        which  event  each  such  day  may be counted as a day of
17        attendance; and  (2)  when  days  in  addition  to  those
18        provided  in  item (1) are scheduled by a school pursuant
19        to its school improvement plan adopted under  Article  34
20        or its revised or amended school improvement plan adopted
21        under  Article 2, provided that (i) such sessions of 3 or
22        more clock  hours  are  scheduled  to  occur  at  regular
23        intervals, (ii) the remainder of the school days in which
24        such  sessions occur are utilized for in-service training
25        programs  or  other  staff  development  activities   for
26        teachers,  and  (iii)  a  sufficient number of minutes of
27        school work under the direct supervision of teachers  are
28        added to the school days between such regularly scheduled
29        sessions  to  accumulate  not  less  than  the  number of
30        minutes by which such sessions of 3 or more  clock  hours
31        fall  short  of 5 clock hours. Any full days used for the
32        purposes of this paragraph shall not  be  considered  for
33        computing  average  daily attendance.  Days scheduled for
34        in-service   training   programs,    staff    development
                            -15-               LRB9011418THpk
 1        activities,   or   parent-teacher   conferences   may  be
 2        scheduled  separately  for  different  grade  levels  and
 3        different attendance centers of the district.
 4             (e)  A session of  not  less  than  one  clock  hour
 5        teaching  of  hospitalized or homebound pupils on-site or
 6        by telephone to the classroom may be counted as  1/2  day
 7        of  attendance,  however  these  pupils must receive 4 or
 8        more clock hours of instruction to be counted for a  full
 9        day of attendance.
10             (f)  A  session  of  at  least  4 clock hours may be
11        counted as a day of attendance for  first  grade  pupils,
12        and  pupils in full day kindergartens, and a session of 2
13        or more hours may be counted as 1/2 day of attendance  by
14        pupils  in  kindergartens  which  provide only 1/2 day of
15        attendance.
16             (g)  For children with disabilities  who  are  below
17        the  age of 6 years and who cannot attend 2 or more clock
18        hours  because  of  their  disability  or  immaturity,  a
19        session of not less than one clock hour may be counted as
20        1/2 day of attendance; however for  such  children  whose
21        educational needs so require a session of 4 or more clock
22        hours may be counted as a full day of attendance.
23             (h)  A  recognized  kindergarten  which provides for
24        only 1/2 day of attendance by each pupil shall  not  have
25        more  than  1/2  day  of attendance counted in any 1 day.
26        However, kindergartens may count 2 1/2 days of attendance
27        in any 5 consecutive school days.  When a  pupil  attends
28        such  a  kindergarten  for  2 half days on any one school
29        day, the pupil shall have the  following  day  as  a  day
30        absent  from  school,  unless the school district obtains
31        permission in writing from the  State  Superintendent  of
32        Education.  Attendance at kindergartens which provide for
33        a  full  day of attendance by each pupil shall be counted
34        the same as attendance by first grade pupils.   Only  the
                            -16-               LRB9011418THpk
 1        first  year  of  attendance  in one kindergarten shall be
 2        counted, except in  case  of  children  who  entered  the
 3        kindergarten   in  their  fifth  year  whose  educational
 4        development requires a second  year  of  kindergarten  as
 5        determined  under  the rules and regulations of the State
 6        Board of Education.
 7    (G)  Equalized Assessed Valuation Data.
 8        (1)  For purposes of the calculation of  Available  Local
 9    Resources  required  pursuant  to  subsection  (D), the State
10    Board of  Education  shall  secure  from  the  Department  of
11    Revenue  the value as equalized or assessed by the Department
12    of Revenue of all taxable property of every  school  district
13    together with the applicable tax rate used in extending taxes
14    for  the  funds  of  the  district  as of September 30 of the
15    previous year.
16        This equalized assessed valuation, as adjusted further by
17    the requirements of this subsection, shall be utilized in the
18    calculation of Available Local Resources.
19        (2)  The equalized assessed valuation  in  paragraph  (1)
20    shall be adjusted, as applicable, in the following manner:
21             (a)  For the purposes of calculating State aid under
22        this  Section,  with  respect  to  any  part  of a school
23        district within a redevelopment project area  in  respect
24        to   which  a  municipality  has  adopted  tax  increment
25        allocation  financing  pursuant  to  the  Tax   Increment
26        Allocation  Redevelopment Act, Sections 11-74.4-1 through
27        11-74.4-11  of  the  Illinois  Municipal  Code   or   the
28        Industrial  Jobs Recovery Law, Sections 11-74.6-1 through
29        11-74.6-50 of the Illinois Municipal Code, no part of the
30        current equalized assessed  valuation  of  real  property
31        located in any such project area which is attributable to
32        an  increase  above  the total initial equalized assessed
33        valuation of such property shall be used as part  of  the
34        equalized  assessed valuation of the district, until such
                            -17-               LRB9011418THpk
 1        time as all redevelopment project costs have  been  paid,
 2        as  provided  in  Section  11-74.4-8 of the Tax Increment
 3        Allocation Redevelopment Act or in Section 11-74.6-35  of
 4        the Industrial Jobs Recovery Law.  For the purpose of the
 5        equalized  assessed  valuation of the district, the total
 6        initial  equalized  assessed  valuation  or  the  current
 7        equalized assessed valuation, whichever is  lower,  shall
 8        be  used  until  such  time  as all redevelopment project
 9        costs have been paid.
10             (b)  The real property equalized assessed  valuation
11        for  a  school  district shall be adjusted by subtracting
12        from the real property value as equalized or assessed  by
13        the  Department  of  Revenue  for  the district an amount
14        computed by dividing the amount of any abatement of taxes
15        under Section 18-170 of the Property Tax  Code  by  3.00%
16        for a district maintaining grades kindergarten through 12
17        or   by   2.30%   for   a   district  maintaining  grades
18        kindergarten through  8,  or  by  1.20%  for  a  district
19        maintaining grades 9 through 12 and adjusted by an amount
20        computed by dividing the amount of any abatement of taxes
21        under  subsection  (a)  of Section 18-165 of the Property
22        Tax Code by the same percentage rates for  district  type
23        as specified in this subparagraph (c).
24    (H)  Supplemental General State Aid.
25        (1)  In  addition  to  the  general  State  aid  a school
26    district is allotted pursuant to subsection  (E),  qualifying
27    school  districts  shall receive a grant, paid in conjunction
28    with  a  district's  payments  of  general  State  aid,   for
29    supplemental  general  State aid based upon the concentration
30    level of  children  from  low-income  households  within  the
31    school  district.  Supplemental State aid grants provided for
32    school districts under this subsection shall be  appropriated
33    for distribution to school districts as part of the same line
34    item  in  which  the  general  State  financial aid of school
                            -18-               LRB9011418THpk
 1    districts is appropriated under this Section. For purposes of
 2    this subsection, the term  "Low-Income  Concentration  Level"
 3    shall  be  the  number  of pupils who are eligible to receive
 4    free or reduced-price lunches or breakfasts under the federal
 5    Child Nutrition Act of 1996 and  under  the  National  School
 6    Lunch  Act  during  the school year immediately preceding the
 7    school year for which the supplemental general State  aid  is
 8    being  calculated  low-income  eligible  pupil count from the
 9    most recently available federal census divided by the Average
10    Daily Attendance of the school district.
11        (2)  Supplemental general  State  aid  pursuant  to  this
12    subsection shall be provided as follows:
13             (a)  For  any  school  district  with  a  Low Income
14        Concentration Level of at least 20% and  less  than  35%,
15        the grant for any school year shall be $800 multiplied by
16        the  free  or reduced-price lunch or breakfast low income
17        eligible pupil count.
18             (b)  For any  school  district  with  a  Low  Income
19        Concentration  Level  of  at least 35% and less than 50%,
20        the grant for the 1998-1999 school year shall  be  $1,100
21        multiplied   by   the  free  or  reduced-price  lunch  or
22        breakfast low income eligible pupil count.
23             (c)  For any  school  district  with  a  Low  Income
24        Concentration  Level  of  at least 50% and less than 60%,
25        the grant for the 1998-99 school  year  shall  be  $1,500
26        multiplied   by   the  free  or  reduced-price  lunch  or
27        breakfast low income eligible pupil count.
28             (d)  For any  school  district  with  a  Low  Income
29        Concentration  Level  of  60%  or more, the grant for the
30        1998-99 school year shall be  $1,900  multiplied  by  the
31        free  or  reduced-price  lunch  or  breakfast  low income
32        eligible pupil count.
33             (e)  For the 1999-2000 school year,  the  per  pupil
34        amount  specified  in  subparagraphs  (b),  (c), and (d),
                            -19-               LRB9011418THpk
 1        immediately above shall be increased by $100  to  $1,200,
 2        $1,600, and $2,000, respectively.
 3             (f)  For  the  2000-2001  school year, the per pupil
 4        amounts specified  in  subparagraphs  (b),  (c)  and  (d)
 5        immediately  above  shall be increased to $1,230, $1,640,
 6        and $2,050, respectively.
 7        (3)  School districts with an Average Daily Attendance of
 8    more than  1,000  and  less  than  50,000  that  qualify  for
 9    supplemental  general  State  aid pursuant to this subsection
10    shall submit a plan to the State Board of Education prior  to
11    October  30  of  each year for the use of the funds resulting
12    from this grant of supplemental general  State  aid  for  the
13    improvement  of  instruction  in  which  priority is given to
14    meeting the education needs of disadvantaged children.   Such
15    plan   shall  be  submitted  in  accordance  with  rules  and
16    regulations promulgated by the State Board of Education.
17        (4)  School districts with an Average Daily Attendance of
18    50,000 or more that qualify for  supplemental  general  State
19    aid   pursuant  to  this  subsection  shall  be  required  to
20    distribute from funds available pursuant to this Section,  no
21    less  than  $261,000,000  in  accordance  with  the following
22    requirements:
23             (a)  The required amounts shall  be  distributed  to
24        the  attendance centers within the district in proportion
25        to the number  of  pupils  enrolled  at  each  attendance
26        center  who are eligible to receive free or reduced-price
27        lunches or breakfasts under the federal  Child  Nutrition
28        Act  of  1966  and  under  the  National School Lunch Act
29        during the immediately preceding school year.
30             (b)  The   distribution   of   these   portions   of
31        supplemental  and  general  State  aid  among  attendance
32        centers according to  these  requirements  shall  not  be
33        compensated  for  or  contravened  by  adjustments of the
34        total of  other  funds  appropriated  to  any  attendance
                            -20-               LRB9011418THpk
 1        centers, and the Board of Education shall utilize funding
 2        from  one  or several sources in order to fully implement
 3        this provision annually prior to the opening of school.
 4             (c)  Each attendance center shall be provided by the
 5        school district a distribution  of  noncategorical  funds
 6        and other categorical funds to which an attendance center
 7        is entitled under law in order that the general State aid
 8        and   supplemental   general   State   aid   provided  by
 9        application of this subsection  supplements  rather  than
10        supplants  the noncategorical funds and other categorical
11        funds provided by the school district to  the  attendance
12        centers.
13             (d)  Any  funds made available under this subsection
14        that by reason of the provisions of this  subsection  are
15        not  required  to be allocated and provided to attendance
16        centers may be used and appropriated by the board of  the
17        district for any lawful school purpose.
18             (e)  Funds received by an attendance center pursuant
19        to this subsection shall be used by the attendance center
20        at  the  discretion  of  the  principal  and local school
21        council for programs to improve educational opportunities
22        at qualifying schools through the following programs  and
23        services:  early  childhood education, reduced class size
24        or improved adult to student classroom ratio,  enrichment
25        programs, remedial assistance, attendance improvement and
26        other   educationally   beneficial   expenditures   which
27        supplement  the  regular and basic programs as determined
28        by the State Board of Education.   Funds  provided  shall
29        not be expended for any political or lobbying purposes as
30        defined by board rule.
31             (f)  Each district subject to the provisions of this
32        subdivision  (H)(4)  shall  submit  an acceptable plan to
33        meet the educational needs of disadvantaged children,  in
34        compliance  with  the  requirements of this paragraph, to
                            -21-               LRB9011418THpk
 1        the State Board of Education prior to  July  15  of  each
 2        year. This plan shall be consistent with the decisions of
 3        local  school  councils concerning the school expenditure
 4        plans developed in accordance  with  part  4  of  Section
 5        34-2.3.  The State Board shall approve or reject the plan
 6        within  60  days  after  its  submission.  If the plan is
 7        rejected, the  district  shall  give  written  notice  of
 8        intent   to  modify  the  plan  within  15  days  of  the
 9        notification of rejection and then submit a modified plan
10        within 30 days after the date of the  written  notice  of
11        intent  to  modify.    Districts may amend approved plans
12        pursuant to rules  promulgated  by  the  State  Board  of
13        Education.
14             Upon  notification  by  the State Board of Education
15        that the district has not submitted a plan prior to  July
16        15  or  a  modified plan within the time period specified
17        herein, the State aid funds  affected  by  that  plan  or
18        modified  plan  shall  be  withheld by the State Board of
19        Education until a plan or modified plan is submitted.
20             If the district fails to  distribute  State  aid  to
21        attendance  centers  in accordance with an approved plan,
22        the plan for the following year shall allocate funds,  in
23        addition   to   the  funds  otherwise  required  by  this
24        subsection,  to  those  attendance  centers  which   were
25        underfunded  during the previous year in amounts equal to
26        such underfunding.
27             For purposes of  determining  compliance  with  this
28        subsection  in relation to the requirements of attendance
29        center funding, each district subject to  the  provisions
30        of this subsection shall submit as a separate document by
31        December  1 of each year a report of expenditure data for
32        the prior year in addition to  any  modification  of  its
33        current  plan.  If it is determined that there has been a
34        failure to comply with the expenditure provisions of this
                            -22-               LRB9011418THpk
 1        subsection regarding contravention  or  supplanting,  the
 2        State  Superintendent  of Education shall, within 60 days
 3        of receipt of the report, notify  the  district  and  any
 4        affected local school council.  The district shall within
 5        45  days of 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
10        report or the  notification  of  remedial  or  corrective
11        action  in  a timely manner shall result in a withholding
12        of the affected funds.
13             The State Board of Education shall promulgate  rules
14        and  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
17        a plan that has been  approved  by  the  State  Board  of
18        Education.
19    (I)  General State Aid for Newly Configured School Districts.
20        (1)  For  a  new  school  district  formed  by  combining
21    property   included  totally  within  2  or  more  previously
22    existing school districts, for its first  year  of  existence
23    the  general  State  aid  and  supplemental general State aid
24    calculated under this Section shall be computed for  the  new
25    district  and for the previously existing districts for which
26    property is totally included within the new district.  If the
27    computation on the basis of the previously existing districts
28    is greater, a supplementary payment equal to  the  difference
29    shall  be  made for the first 4 years of existence of the new
30    district.
31        (2)  For a school  district  which  annexes  all  of  the
32    territory  of  one or more entire other school districts, for
33    the  first  year  during  which  the  change  of   boundaries
34    attributable  to  such  annexation  becomes effective for all
                            -23-               LRB9011418THpk
 1    purposes as determined under Section 7-9 or 7A-8, the general
 2    State aid and supplemental general State aid calculated under
 3    this Section shall be computed for the annexing  district  as
 4    constituted  after  the  annexation  and for the annexing and
 5    each annexed district as constituted prior to the annexation;
 6    and if the computation on  the  basis  of  the  annexing  and
 7    annexed  districts  as constituted prior to the annexation is
 8    greater, a supplementary  payment  equal  to  the  difference
 9    shall  be  made  for  the  first  4 years of existence of the
10    annexing school district as constituted upon such annexation.
11        (3)  For 2 or more school districts which  annex  all  of
12    the  territory  of one or more entire other school districts,
13    and for 2 or more community unit districts which result  upon
14    the  division  (pursuant  to petition under Section 11A-2) of
15    one or more other unit school districts into 2 or more  parts
16    and  which  together include all of the parts into which such
17    other unit school district or districts are so  divided,  for
18    the   first  year  during  which  the  change  of  boundaries
19    attributable to such annexation or division becomes effective
20    for all purposes as determined under Section 7-9  or  11A-10,
21    as  the  case  may be, the general State aid and supplemental
22    general State aid calculated  under  this  Section  shall  be
23    computed   for   each   annexing  or  resulting  district  as
24    constituted after the annexation or  division  and  for  each
25    annexing  and  annexed  district,  or  for each resulting and
26    divided district, as constituted prior to the  annexation  or
27    division;  and  if the aggregate of the general State aid and
28    supplemental  general  State  aid  as  so  computed  for  the
29    annexing or resulting  districts  as  constituted  after  the
30    annexation  or  division  is  less  than the aggregate of the
31    general State aid and supplemental general State  aid  as  so
32    computed  for  the annexing and annexed districts, or for the
33    resulting and divided districts, as constituted prior to  the
34    annexation or division, then a supplementary payment equal to
                            -24-               LRB9011418THpk
 1    the  difference  shall be made and allocated between or among
 2    the annexing or resulting districts, as constituted upon such
 3    annexation or division,  for  the  first  4  years  of  their
 4    existence.   The  total difference payment shall be allocated
 5    between or among the annexing or resulting districts  in  the
 6    same  ratio  as the pupil enrollment from that portion of the
 7    annexed or divided district or districts which is annexed  to
 8    or included in each such annexing or resulting district bears
 9    to  the  total  pupil  enrollment  from the entire annexed or
10    divided district or districts, as such  pupil  enrollment  is
11    determined  for the school year last ending prior to the date
12    when the change of boundaries attributable to the  annexation
13    or  division  becomes effective for all purposes.  The amount
14    of the total difference payment and the amount thereof to  be
15    allocated  to  the  annexing  or resulting districts shall be
16    computed by the State Board of  Education  on  the  basis  of
17    pupil  enrollment  and other data which shall be certified to
18    the State Board of Education, on forms which it shall provide
19    for that purpose, by the regional superintendent  of  schools
20    for each educational service region in which the annexing and
21    annexed  districts,  or  resulting  and divided districts are
22    located.
23        (4)  Any supplementary payment made under this subsection
24    (I) shall be treated as separate from all other payments made
25    pursuant to this Section.
26    (J)  Supplementary Grants in Aid.
27        (1)  Notwithstanding  any  other   provisions   of   this
28    Section,  the  amount  of  the aggregate general State aid in
29    combination with supplemental general State  aid  under  this
30    Section  for  which  each school district is eligible for the
31    1998-1999 school year shall be no less than the amount of the
32    aggregate general State aid entitlement that was received  by
33    the   district  under  Section  18-8  (exclusive  of  amounts
34    received under subsections 5(p) and 5(p-5) of  that  Section)
                            -25-               LRB9011418THpk
 1    for  the  1997-98  school year, pursuant to the provisions of
 2    that Section as it was then in effect. If a  school  district
 3    qualifies  to receive a supplementary payment made under this
 4    subsection (J) for the 1998-1999 school year, the  amount  of
 5    the   aggregate   general   State  aid  in  combination  with
 6    supplemental general State aid under this Section  which that
 7    district  is  eligible  to  receive  for  each  school   year
 8    subsequent to the 1998-1999 school year shall be no less than
 9    the  amount  of  the  aggregate general State aid entitlement
10    that  was  received  by  the  district  under  Section   18-8
11    (exclusive  of  amounts  received  under subsections 5(p) and
12    5(p-5) of  that  Section)  for  the  1997-1998  school  year,
13    pursuant  to the provisions of that Section as it was then in
14    effect.
15        (2)  If, as provided in paragraph (1) of this  subsection
16    (J),  a school district is to receive aggregate general State
17    aid in combination with supplemental general State aid  under
18    this  Section for the 1998-99 school year, or for the 1998-99
19    school year and any subsequent school year, that in any  such
20    school  year is less than the amount of the aggregate general
21    State aid entitlement that  the  district  received  for  the
22    1997-98  school year, the school district shall also receive,
23    from a separate  appropriation  made  for  purposes  of  this
24    subsection  (J), a supplementary payment that is equal to the
25    amount of the difference in the aggregate State  aid  figures
26    as described in paragraph (1).
27        (3)  If   the   amount   appropriated  for  supplementary
28    payments to school districts under  this  subsection  (J)  is
29    insufficient  for  that  purpose,  the supplementary payments
30    that districts are to receive under this subsection shall  be
31    prorated   according   to   the   aggregate   amount  of  the
32    appropriation made for purposes of this subsection.
33    (K)  Grants to Laboratory and Alternative Schools.
34        In calculating the amount to be  paid  to  the  governing
                            -26-               LRB9011418THpk
 1    board  of  a  public  university  that  operates a laboratory
 2    school under this Section or to any alternative  school  that
 3    is  operated by a regional superintendent, the State Board of
 4    Education shall require by rule such  reporting  requirements
 5    as it deems necessary.
 6        As  used  in  this  Section,  "laboratory school" means a
 7    public school which is  created  and  operated  by  a  public
 8    university and approved by the State Board of Education.  The
 9    governing  board  of a public university which receives funds
10    from the State  Board  under  this  subsection  (K)  may  not
11    increase  the  number  of students enrolled in its laboratory
12    school from a single district, if that  district  is  already
13    sending  50 or more students, except under a mutual agreement
14    between the school board of a student's district of residence
15    and the university which operates the laboratory  school.   A
16    laboratory  school  may  not  have  more than 1,000 students,
17    excluding students with disabilities in a  special  education
18    program.
19        As  used  in  this  Section, "alternative school" means a
20    public school which is created and  operated  by  a  Regional
21    Superintendent  of Schools and approved by the State Board of
22    Education. Such alternative  schools  may  offer  courses  of
23    instruction  for  which  credit  is  given  in regular school
24    programs, courses to prepare students  for  the  high  school
25    equivalency  testing  program  or vocational and occupational
26    training.
27        Each laboratory and alternative  school  shall  file,  on
28    forms  provided  by the State Superintendent of Education, an
29    annual  State  aid  claim  which  states  the  Average  Daily
30    Attendance of the school's students by  month.   The  best  3
31    months'  Average  Daily Attendance shall be computed for each
32    school. The general State aid entitlement shall  be  computed
33    by multiplying the applicable Average Daily Attendance by the
34    Foundation Level as determined under this Section.
                            -27-               LRB9011418THpk
 1    (L)  Payments,   Additional   Grants   in   Aid   and   Other
 2    Requirements.
 3        (1)  For  a school district operating under the financial
 4    supervision of an Authority created under  Article  34A,  the
 5    general  State  aid  otherwise payable to that district under
 6    this Section, but not the  supplemental  general  State  aid,
 7    shall  be  reduced  by  an amount equal to the budget for the
 8    operations of the Authority as certified by the Authority  to
 9    the  State  Board  of  Education, and an amount equal to such
10    reduction shall be paid to the  Authority  created  for  such
11    district for its operating expenses in the manner provided in
12    Section 18-11.  The remainder of general State school aid for
13    any  such  district  shall be paid in accordance with Article
14    34A when that Article provides for a disposition  other  than
15    that provided by this Article.
16        (2)  Impaction.   Impaction  payments  shall  be  made as
17    provided for in Section 18-4.2.
18        (3)  Summer school.  Summer school payments shall be made
19    as provided in Section 18-4.3.
20    (M)  Education Funding Advisory Board.
21        The Education Funding Advisory Board, hereinafter in this
22    subsection (M) referred to as the "Board", is hereby created.
23    The Board shall consist of 5 members who are appointed by the
24    Governor, by and with the advice and consent of  the  Senate.
25    The   members  appointed  shall  include  representatives  of
26    education, business, and  the  general  public.  One  of  the
27    members  so  appointed shall be designated by the Governor at
28    the time the appointment is made as the  chairperson  of  the
29    Board.  The initial members of the Board may be appointed any
30    time after the effective date of this amendatory Act of 1997.
31    The regular term of each member of the Board shall be  for  4
32    years  from  the third Monday of January of the year in which
33    the term of the member's appointment is to  commence,  except
34    that  of  the  5  initial  members  appointed to serve on the
                            -28-               LRB9011418THpk
 1    Board, the member who is appointed as the  chairperson  shall
 2    serve  for  a  term  that commences on the date of his or her
 3    appointment and expires on the third Monday of January, 2002,
 4    and the remaining 4 members,  by  lots  drawn  at  the  first
 5    meeting  of  the  Board  that is held after all 5 members are
 6    appointed, shall determine 2 of their  number  to  serve  for
 7    terms   that   commence  on  the  date  of  their  respective
 8    appointments and expire on the third Monday of January, 2001,
 9    and 2 of their number to serve for terms that commence on the
10    date of their respective appointments and expire on the third
11    Monday of January, 2000.  All members appointed to  serve  on
12    the  Board  shall serve until their respective successors are
13    appointed and confirmed.  Vacancies shall be  filled  in  the
14    same  manner  as  original  appointments.   If  a  vacancy in
15    membership occurs at  a  time  when  the  Senate  is  not  in
16    session,  the  Governor  shall  make  a temporary appointment
17    until the next meeting of the Senate, when he  or  she  shall
18    appoint,  by and with the advice and consent of the Senate, a
19    person to fill that membership for the  unexpired  term.   If
20    the  Senate  is  not in session when the initial appointments
21    are made, those appointments shall be made as in the case  of
22    vacancies.
23        The  Education  Funding  Advisory  Board  shall be deemed
24    established,  and  the  initial  members  appointed  by   the
25    Governor  to serve as members of the Board shall take office,
26    on the date that the Governor makes his or her appointment of
27    the fifth initial member of the Board, whether those  initial
28    members   are   then  serving  pursuant  to  appointment  and
29    confirmation or pursuant to temporary appointments  that  are
30    made by the Governor as in the case of vacancies.
31        The  State  Board  of  Education shall provide such staff
32    assistance to the Education  Funding  Advisory  Board  as  is
33    reasonably  required  for the proper performance by the Board
34    of its responsibilities.
                            -29-               LRB9011418THpk
 1        For school years after the  2000-2001  school  year,  the
 2    Education  Funding  Advisory  Board, in consultation with the
 3    State Board  of  Education,  shall  make  recommendations  as
 4    provided  in  this subsection (M) to the General Assembly for
 5    the foundation level under subdivision (B)(3) of this Section
 6    and for the supplemental general State aid grant level  under
 7    subsection  (H)  of  this  Section  for  districts  with high
 8    concentrations of children  from  poverty.   The  recommended
 9    foundation  level  shall be determined based on a methodology
10    which  incorporates  the  basic  education  expenditures   of
11    low-spending  schools  exhibiting  high academic performance.
12    The  Education  Funding  Advisory  Board  shall   make   such
13    recommendations  to  the General Assembly on January 1 of odd
14    numbered years, beginning January 1, 2001.
15    (N)  General State Aid Adjustment Grant.
16        (1)  Any  school  district  subject   to   property   tax
17    extension  limitations as imposed under the provisions of the
18    Property Tax Extension Limitation Law shall  be  entitled  to
19    receive,  subject  to  the qualifications and requirements of
20    this  subsection,  a  general  State  aid  adjustment  grant.
21    Eligibility for this grant shall be determined on  an  annual
22    basis  and claims for grant payments shall be paid subject to
23    appropriations  made  specific  to  this   subsection.    For
24    purposes  of  this  subsection the following terms shall have
25    the following meanings:
26        "Budget Year":  The school year for which  general  State
27    aid is calculated and awarded under subsection (E).
28        "Current  Year":   The  school year immediately preceding
29    the Budget Year.
30        "Base Tax Year":  The property  tax  levy  year  used  to
31    calculate the Budget Year allocation of general State aid.
32        "Preceding   Tax  Year":   The  property  tax  levy  year
33    immediately preceding the Base Tax Year.
34        "Extension  Limitation   Ratio":   A   numerical   ratio,
                            -30-               LRB9011418THpk
 1    certified  by  a school district's County Clerk, in which the
 2    numerator  is  the  Base  Tax  Year's  tax  extension  amount
 3    resulting from the Operating Tax Rate and the denominator  is
 4    the  Preceding Tax Year's tax extension amount resulting from
 5    the Operating Tax Rate.
 6        "Operating Tax Rate": The operating tax rate  as  defined
 7    in subsection (A).
 8        (2)  To qualify for a general State aid adjustment grant,
 9    a  school district must meet all of the following eligibility
10    criteria for each Budget Year for which a grant is claimed:
11             (a)  The Operating Tax Rate of the  school  district
12        in  the Preceding Tax Year was at least 3.00% in the case
13        of a  school  district  maintaining  grades  kindergarten
14        through  12,  at  least  2.30%  in  the  case of a school
15        district maintaining grades kindergarten through 8, or at
16        least 1.41% in the case of a school district  maintaining
17        grades 9 through 12.
18             (b)  The  Operating  Tax Rate of the school district
19        for the Base Tax Year was reduced by  the  Clerk  of  the
20        County  as  a  result of the requirements of the Property
21        Tax Extension Limitation Law.
22             (c)  The Available Local Resources per pupil of  the
23        school  district as calculated pursuant to subsection (D)
24        using the Base Tax Year are less than the product of 1.75
25        times the Foundation Level for the Budget Year.
26             (d)  The school district  has  filed  a  proper  and
27        timely  claim for a general State aid adjustment grant as
28        required under this subsection.
29        (3)  A claim for grant assistance under  this  subsection
30    shall be filed with the State Board of Education on or before
31    January  1  of  the  Current  Year for a grant for the Budget
32    Year.  The claim shall be made on  forms  prescribed  by  the
33    State Board of Education and must be accompanied by a written
34    statement from the Clerk of the County, certifying:
                            -31-               LRB9011418THpk
 1             (a)  That  the school district has its extension for
 2        the Base Tax Year reduced as a result of the Property Tax
 3        Extension Limitation Law.
 4             (b)  That the  Operating  Tax  Rate  of  the  school
 5        district  for  the  Preceding  Tax  Year met the tax rate
 6        requirements of subdivision (N)(2) of this Section.
 7             (c)  The Extension Limitation Ratio as that term  is
 8        defined in this subsection.
 9        (4)  On  or  before August 1 of the Budget Year the State
10    Board of Education shall calculate, for all school  districts
11    meeting the other requirements of this subsection, the amount
12    of  the  general State aid adjustment grant, if any, that the
13    school districts are eligible to receive in the Budget  Year.
14    The amount of the general State aid adjustment grant shall be
15    calculated as follows:
16             (a)  Determine  the  school district's general State
17        aid grant for the Budget Year as provided  in  accordance
18        with the provisions of subsection (E).
19             (b)  Determine  the school district's adjusted level
20        of general State aid by utilizing in the  calculation  of
21        Available Local Resources an equalized assessed valuation
22        that is the equalized assessed valuation of the Preceding
23        Tax Year multiplied by the Extension Limitation Ratio.
24             (c)  Subtract  the  sum  derived in subparagraph (a)
25        from the sum derived in subparagraph (b).  If the  result
26        is  a  positive  number, that amount shall be the general
27        State aid adjustment grant that the district is  eligible
28        to receive.
29        (5)  The  State  Board  of Education shall in the Current
30    Year, based upon claims filed in the Current Year,  recommend
31    to  the  General  Assembly  an  appropriation  amount for the
32    general State aid adjustment grants to be made in the  Budget
33    Year.
34        (6)  Claims for general State aid adjustment grants shall
                            -32-               LRB9011418THpk
 1    be  paid  in  a lump sum on or before January 1 of the Budget
 2    Year only from appropriations made by  the  General  Assembly
 3    expressly  for  claims under this subsection.  No such claims
 4    may be paid from amounts appropriated for any  other  purpose
 5    provided  for  under  this  Section.   In  the event that the
 6    appropriation   for   claims   under   this   subsection   is
 7    insufficient to meet all Budget Year  claims  for  a  general
 8    State aid adjustment grant, the appropriation available shall
 9    be  proportionately  prorated by the State Board of Education
10    amongst all districts filing for and entitled to payments.
11        (7)  The State Board of Education  shall  promulgate  the
12    required  claim  forms  and  rules necessary to implement the
13    provisions of this subsection.
14    (O)  References.
15        (1)  References in other laws to the various subdivisions
16    of Section 18-8 as that Section existed before its repeal and
17    replacement by this Section 18-8.05 shall be deemed to  refer
18    to  the  corresponding provisions of this Section 18-8.05, to
19    the extent that those references remain applicable.
20        (2)  References in other laws to State  Chapter  1  funds
21    shall  be  deemed  to refer to the supplemental general State
22    aid provided under subsection (H) of this Section.
23    (Source: P.A. 90-548, eff. 7-1-98.)
24        Section 10.  The School Construction Law  is  amended  by
25    changing Section 5-25 as follows:
26        (105 ILCS 230/5-25)
27        Sec. 5-25.  Eligibility and project standards.
28        (a)  The   State   Board  of  Education  shall  establish
29    eligibility standards for school construction project  grants
30    and  debt  service  grants.  These  standards  shall  include
31    minimum  enrollment  requirements  for eligibility for school
32    construction project grants of 200  students  for  elementary
                            -33-               LRB9011418THpk
 1    districts,  200  students  for high school districts, and 400
 2    students for unit districts.  The State  Board  of  Education
 3    shall   approve   a   district's  eligibility  for  a  school
 4    construction project grant or a debt service  grant  pursuant
 5    to the established standards.
 6        (b)  The   Capital   Development  Board  shall  establish
 7    project standards for all school construction project  grants
 8    provided  pursuant  to  this  Article.  These standards shall
 9    include  space  and  capacity  standards  as  well   as   the
10    determination  of  recognized  project  costs  that  shall be
11    eligible for State financial assistance and enrichment  costs
12    that shall not be eligible for State financial assistance.
13    (Source: P.A. 90-548, eff. 1-1-98.)
14        Section   15.    The   General   State   Aid   Continuing
15    Appropriation  Law  is  amended  by  changing  Sections 15-5,
16    15-10, 15-15, and 15-20 as follows:
17        (105 ILCS 235/15-5)
18        Sec. 15-5.  Short title.  This Article may  be  cited  as
19    the General State Aid Continuing Appropriation Law.
20    (Source: P.A. 90-548, eff. 12-4-97.)
21        (105 ILCS 235/15-10)
22        Sec. 15-10.  Annual budget; recommendation.  The Governor
23    shall  include  a  Common  School  Fund recommendation to the
24    State Board of Education in the fiscal year 1999 through 2001
25    annual Budgets sufficient to fund (i) the General  State  Aid
26    Formula  set  forth in subsection (E) (Computation of General
27    State Aid) and subsection  (H)  (Supplemental  General  State
28    Aid)  of  Section  18-8.05  of  the  School Code and (ii) the
29    supplementary payments for  school  districts  set  forth  in
30    subsection  (J)  (Supplementary  Grants  in  Aid)  of Section
31    18-8.05 of the School Code.
                            -34-               LRB9011418THpk
 1    (Source: P.A. 90-548, eff. 12-4-97.)
 2        (105 ILCS 235/15-15)
 3        Sec. 15-15.  General State  Aid  Formula;  Funding.   The
 4    General  Assembly  shall  annually  make  Common  School Fund
 5    appropriations to the State  Board  of  Education  in  fiscal
 6    years  1999  through  2001 sufficient to fund (i) the General
 7    State Aid Formula set forth in subsection (E) (Computation of
 8    General State Aid)  and subsection (H) (Supplemental  General
 9    State Aid) of Section 18-8.05 of the School Code and (ii) the
10    supplementary  payments  for  school  districts  set forth in
11    subsection (J)  (Supplementary  Grants  in  Aid)  of  Section
12    18-8.05 of the School Code.
13    (Source: P.A. 90-548, eff. 12-4-97.)
14        (105 ILCS 235/15-20)
15        Sec.  15-20.   Continuing  appropriation.  If the General
16    Assembly fails to make Common School Fund  appropriations  to
17    the  State  Board  of  Education in fiscal years 1999 through
18    2001 sufficient to fund (i) the General State Aid Formula set
19    forth in subsection (E) (Computation of  General  State  Aid)
20    and  subsection  (H)  (Supplemental  General  State  Aid)  of
21    Section 18-8.05 of the School Code and (ii) the supplementary
22    payments  for  school  districts  set forth in subsection (J)
23    (Supplementary Grants in  Aid)  of  Section  18-8.05  of  the
24    School Code, this Article shall constitute an irrevocable and
25    continuing  appropriation  from the Common School Fund of all
26    amounts necessary for those purposes that purpose.
27    (Source: P.A. 90-548, eff. 12-4-97.)
28        Section 99.  Effective date.  This Act takes effect  upon
29    becoming  law, except the changes to Sections 2-3.51, 17-1.5,
30    and 18-8.05 of the School Code take effect July 1, 1998.
                            -35-               LRB9011418THpk
 1                                INDEX
 2               Statutes amended in order of appearance
 3    105 ILCS 5/2-3.51         from Ch. 122, par. 2-3.51
 4    105 ILCS 5/17-1.5
 5    105 ILCS 5/18-8.05
 6    105 ILCS 230/5-25
 7    105 ILCS 235/15-5
 8    105 ILCS 235/15-10
 9    105 ILCS 235/15-15
10    105 ILCS 235/15-20

[ Top ]