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Public Act 92-0604
SB1983 Enrolled LRB9216031NTpk
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing
Sections 2-3.64, 10-17a, 14C-4, and 18-8.05 and adding
Sections 10-21.3a and 34-18.23 as follows:
(105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64)
Sec. 2-3.64. State goals and assessment.
(a) Beginning in the 1998-1999 school year, the State
Board of Education shall establish standards and
periodically, in collaboration with local school districts,
conduct studies of student performance in the learning areas
of fine arts and physical development/health. Beginning with
the 1998-1999 school year, the State Board of Education shall
annually test: (i) all pupils enrolled in the 3rd, 5th, and
8th grades in English language arts (reading, writing, and
English grammar) and mathematics; and (ii) all pupils
enrolled in the 4th and 7th grades in the biological and
physical sciences and the social sciences (history,
geography, civics, economics, and government). The State
Board of Education shall establish the academic standards
that are to be applicable to pupils who are subject to State
tests under this Section beginning with the 1998-1999 school
year. However, the State Board of Education shall not
establish any such standards in final form without first
providing opportunities for public participation and local
input in the development of the final academic standards.
Those opportunities shall include a well-publicized period of
public comment, public hearings throughout the State, and
opportunities to file written comments. Beginning with the
1998-99 school year and thereafter, the State tests will
identify pupils in the 3rd grade or 5th grade who do not meet
the State standards. If, by performance on the State tests
or local assessments or by teacher judgment, a student's
performance is determined to be 2 or more grades below
current placement, the student shall be provided a
remediation program developed by the district in consultation
with a parent or guardian. Such remediation programs may
include, but shall not be limited to, increased or
concentrated instructional time, a remedial summer school
program of not less than 90 hours, improved instructional
approaches, tutorial sessions, retention in grade, and
modifications to instructional materials. Each pupil for
whom a remediation program is developed under this subsection
shall be required to enroll in and attend whatever program
the district determines is appropriate for the pupil.
Districts may combine students in remediation programs where
appropriate and may cooperate with other districts in the
design and delivery of those programs. The parent or
guardian of a student required to attend a remediation
program under this Section shall be given written notice of
that requirement by the school district a reasonable time
prior to commencement of the remediation program that the
student is to attend. The State shall be responsible for
providing school districts with the new and additional
funding, under Section 2-3.51.5 or by other or additional
means, that is required to enable the districts to operate
remediation programs for the pupils who are required to
enroll in and attend those programs under this Section.
Every individualized educational program as described in
Article 14 shall identify if the State test or components
thereof are appropriate for that student. For those pupils
for whom the State tests or components thereof are not
appropriate, the State Board of Education shall develop rules
and regulations governing the administration of alternative
tests prescribed within each student's individualized
educational program which are appropriate to the disability
of each student. All pupils who are in a State approved
transitional bilingual education program or transitional
program of instruction shall participate in the State tests.
Any student who has been enrolled in a State approved
bilingual education program less than 3 academic years shall
be exempted if the student's lack of English as determined by
an English language proficiency test would keep the student
from understanding the test, and that student's district
shall have an alternative test program in place for that
student. The State Board of Education shall appoint a task
force of concerned parents, teachers, school administrators
and other professionals to assist in identifying such
alternative tests. Reasonable accommodations as prescribed
by the State Board of Education shall be provided for
individual students in the testing procedure. All test
procedures prescribed by the State Board of Education shall
require: (i) that each test used for State and local student
testing under this Section identify by name the pupil taking
the test; (ii) that the name of the pupil taking the test be
placed on the test at the time the test is taken; (iii) that
the results or scores of each test taken under this Section
by a pupil of the school district be reported to that
district and identify by name the pupil who received the
reported results or scores; and (iv) that the results or
scores of each test taken under this Section be made
available to the parents of the pupil. In addition,
beginning with the 2000-2001 school year and in each school
year thereafter, the highest scores and performance levels
attained by a student on the Prairie State Achievement
Examination administered under subsection (c) of this Section
shall become part of the student's permanent record and shall
be entered on the student's transcript pursuant to
regulations that the State Board of Education shall
promulgate for that purpose in accordance with Section 3 and
subsection (e) of Section 2 of the Illinois School Student
Records Act. Beginning with the 1998-1999 school year and in
every school year thereafter, scores received by students on
the State assessment tests administered in grades 3 through 8
shall be placed into students' temporary records. The State
Board of Education shall establish a common month in each
school year for which State testing shall occur to meet the
objectives of this Section. However, if the schools of a
district are closed and classes are not scheduled during any
week that is established by the State Board of Education as
the week of the month when State testing under this Section
shall occur, the school district may administer the required
State testing at any time up to 2 weeks following the week
established by the State Board of Education for the testing,
so long as the school district gives the State Board of
Education written notice of its intention to deviate from the
established schedule by December 1 of the school year in
which falls the week established by the State Board of
Education for the testing. The maximum time allowed for all
actual testing required under this subsection during the
school year shall not exceed 25 hours as allocated among the
required tests by the State Board of Education.
(a-5) All tests administered pursuant to this Section
shall be academically based. For the purposes of this
Section "academically based tests" shall mean tests
consisting of questions and answers that are measurable and
quantifiable to measure the knowledge, skill, and ability of
students in the subject matters covered by tests. The
scoring of academically based tests shall be reliable, valid,
unbiased and shall meet the guidelines for test development
and use prescribed by the American Psychological Association,
the National Council of Measurement and Evaluation, and the
American Educational Research Association. Academically based
tests shall not include assessments or evaluations of
attitudes, values, or beliefs, or testing of personality,
self-esteem, or self-concept. Nothing in this amendatory Act
is intended, nor shall it be construed, to nullify,
supersede, or contradict the legislative intent on academic
testing expressed during the passage of HB 1005/P.A. 90-296.
Beginning in the 1998-1999 school year, the State Board
of Education may, on a pilot basis, include in the State
assessments in reading and math at each grade level tested no
more than 2 short answer questions, where students have to
respond in brief to questions or prompts or show
computations, rather than select from alternatives that are
presented. In the first year that such questions are used,
scores on the short answer questions shall not be reported on
an individual student basis but shall be aggregated for each
school building in which the tests are given. State-level,
school, and district scores shall be reported both with and
without the results of the short answer questions so that the
effect of short answer questions is clearly discernible.
Beginning in the second year of this pilot program, scores on
the short answer questions shall be reported both on an
individual student basis and on a school building basis in
order to monitor the effects of teacher training and
curriculum improvements on score results.
The State Board of Education shall not continue the use
of short answer questions in the math and reading
assessments, or extend the use of such questions to other
State assessments, unless this pilot project demonstrates
that the use of short answer questions results in a
statistically significant improvement in student achievement
as measured on the State assessments for math and reading and
is justifiable in terms of cost and student performance.
(b) It shall be the policy of the State to encourage
school districts to continuously test pupil proficiency in
the fundamental learning areas in order to: (i) provide
timely information on individual students' performance
relative to State standards that is adequate to guide
instructional strategies; (ii) improve future instruction;
and (iii) complement the information provided by the State
testing system described in this Section. Each district's
school improvement plan must address specific activities the
district intends to implement to assist pupils who by teacher
judgment and test results as prescribed in subsection (a) of
this Section demonstrate that they are not meeting State
standards or local objectives. Such activities may include,
but shall not be limited to, summer school, extended school
day, special homework, tutorial sessions, modified
instructional materials, other modifications in the
instructional program, reduced class size or retention in
grade. To assist school districts in testing pupil
proficiency in reading in the primary grades, the State Board
shall make optional reading inventories for diagnostic
purposes available to each school district that requests such
assistance. Districts that administer the reading
inventories may develop remediation programs for students who
perform in the bottom half of the student population. Those
remediation programs may be funded by moneys provided under
the School Safety and Educational Improvement Block Grant
Program established under Section 2-3.51.5. Nothing in this
Section shall prevent school districts from implementing
testing and remediation policies for grades not required
under this Section.
(c) Beginning with the 2000-2001 school year, each
school district that operates a high school program for
students in grades 9 through 12 shall annually administer the
Prairie State Achievement Examination established under this
subsection to its students as set forth below. The Prairie
State Achievement Examination shall be developed by the State
Board of Education to measure student performance in the
academic areas of reading, writing, mathematics, science, and
social sciences. The State Board of Education shall
establish the academic standards that are to apply in
measuring student performance on the Prairie State
Achievement Examination including the minimum examination
score in each area that will qualify a student to receive a
Prairie State Achievement Award from the State in recognition
of the student's excellent performance. Each school district
that is subject to the requirements of this subsection (c)
shall afford all students 2 opportunities to take the Prairie
State Achievement Examination beginning as late as practical
during the second semester of grade 11, but in no event
before March 1. The State Board of Education shall annually
notify districts of the weeks during which these test
administrations shall be required to occur. Every
individualized educational program as described in Article 14
shall identify if the Prairie State Achievement Examination
or components thereof are appropriate for that student. Each
student, exclusive of a student whose individualized
educational program developed under Article 14 identifies the
Prairie State Achievement Examination as inappropriate for
the student, shall be required to take the examination in
grade 11. For each academic area the State Board of
Education shall establish the score that qualifies for the
Prairie State Achievement Award on that portion of the
examination. Any student who fails to earn a qualifying
score for a Prairie State Achievement Award in any one or
more of the academic areas on the initial test administration
or who wishes to improve his or her score on any portion of
the examination shall be permitted to retake such portion or
portions of the examination during grade 12. Districts shall
inform their students of the timelines and procedures
applicable to their participation in every yearly
administration of the Prairie State Achievement Examination.
Students receiving special education services whose
individualized educational programs identify the Prairie
State Achievement Examination as inappropriate for them
nevertheless shall have the option of taking the examination,
which shall be administered to those students in accordance
with standards adopted by the State Board of Education to
accommodate the respective disabilities of those students. A
student who successfully completes all other applicable high
school graduation requirements but fails to receive a score
on the Prairie State Achievement Examination that qualifies
the student for receipt of a Prairie State Achievement Award
shall nevertheless qualify for the receipt of a regular high
school diploma.
(d) Beginning with the 2002-2003 school year, all
schools in this State that are part of the sample drawn by
the National Center for Education Statistics, in
collaboration with their school districts and the State Board
of Education, shall administer the biennial State academic
assessments of 4th and 8th grade reading and mathematics
under the National Assessment of Educational Progress carried
out under Section 411(b)(2) of the National Education
Statistics Act of 1994 (20 U.S.C. 9010) if the Secretary of
Education pays the costs of administering the assessments.
(Source: P.A. 90-566, eff. 1-2-98; 90-789, eff. 8-14-98;
91-283, eff. 7-29-99.)
(105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
Sec. 10-17a. Better schools accountability.
(1) Policy and Purpose. It shall be the policy of the
State of Illinois that each school district in this State,
including special charter districts and districts subject to
the provisions of Article 34, shall submit to parents,
taxpayers of such district, the Governor, the General
Assembly, and the State Board of Education a school report
card assessing the performance of its schools and students.
The report card shall be an index of school performance
measured against statewide and local standards and will
provide information to make prior year comparisons and to set
future year targets through the school improvement plan.
(2) Reporting Requirements. Each school district shall
prepare a report card in accordance with the guidelines set
forth in this Section which describes the performance of its
students by school attendance centers and by district and the
district's use of financial resources. Such report card
shall be presented at a regular school board meeting subject
to applicable notice requirements, posted on the school
district's Internet web site, if the district maintains an
Internet web site, and such report cards shall be made
available to a newspaper of general circulation serving the
district, and, upon request, shall be sent home to a parent
(unless the district does not maintain an Internet web site,
in which case the report card shall be sent home to parents
without request) parents. If the district posts the report
card on its Internet web site, the district shall send a
written notice home to parents stating (i) that the report
card is available on the web site, (ii) the address of the
web site, (iii) that a printed copy of the report card will
be sent to parents upon request, and (iv) the telephone
number that parents may call to request a printed copy of the
report card. In addition, each school district shall submit
the completed report card to the office of the district's
Regional Superintendent which shall make copies available to
any individuals requesting them.
The report card shall be completed and disseminated prior
to October 31 in each school year. The report card shall
contain, but not be limited to, actual local school
attendance center, school district and statewide data
indicating the present performance of the school, the State
norms and the areas for planned improvement for the school
and school district.
(3) (a) The report card shall include the following
applicable indicators of attendance center, district, and
statewide student performance: percent of students who
exceed, meet, or do not meet standards established by the
State Board of Education pursuant to Section 2-3.25a;
composite and subtest means on nationally normed achievement
tests for college bound students; student attendance rates;
chronic truancy rate; dropout rate; graduation rate; and
student mobility, turnover shown as a percent of transfers
out and a percent of transfers in.
(b) The report card shall include the following
descriptions for the school, district, and State: average
class size; amount of time per day devoted to mathematics,
science, English and social science at primary, middle and
junior high school grade levels; number of students taking
the Prairie State Achievement Examination under subsection
(c) of Section 2-3.64, the number of those students who
received a score of excellent, and the average score by
school of students taking the examination; pupil-teacher
ratio; pupil-administrator ratio; operating expenditure per
pupil; district expenditure by fund; average administrator
salary; and average teacher salary.
(c) The report card shall include applicable indicators
of parental involvement in each attendance center. The
parental involvement component of the report card shall
include the percentage of students whose parents or guardians
have had one or more personal contacts with the students'
teachers during the school year concerning the students'
education, and such other information, commentary, and
suggestions as the school district desires. For the purposes
of this paragraph, "personal contact" includes, but is not
limited to, parent-teacher conferences, parental visits to
school, school visits to home, telephone conversations, and
written correspondence. The parental involvement component
shall not single out or identify individual students,
parents, or guardians by name.
(d) The report card form shall be prepared by the State
Board of Education and provided to school districts by the
most efficient, economic, and appropriate means.
(Source: P.A. 89-610, eff. 8-6-96.)
(105 ILCS 5/10-21.3a new)
Sec. 10-21.3a. Transfer of students. Each school board
shall establish and implement a policy governing the transfer
of a student from one attendance center to another within the
school district upon the request of the student's parent or
guardian. Any request by a parent or guardian to transfer his
or her child from one attendance center to another within the
school district pursuant to Section 1116 of the federal
Elementary and Secondary Education Act of 1965 (20 U.S.C.
Sec. 6317) must be made no later than 30 days after the
parent or guardian receives notice of the right to transfer
pursuant to that law. A student may not transfer to any of
the following attendance centers, except by change in
residence if the policy authorizes enrollment based on
residence in an attendance area or unless approved by the
board on an individual basis:
(1) An attendance center that exceeds or as a
result of the transfer would exceed its attendance
capacity.
(2) An attendance center for which the board has
established academic criteria for enrollment if the
student does not meet the criteria, provided that the
transfer must be permitted if the attendance center is
the only attendance center serving the student's grade
that has not been identified for school improvement,
corrective action, or restructuring under Section 1116 of
the federal Elementary and Secondary Education Act of
1965 (20 U.S.C. Sec. 6317).
(3) Any attendance center if the transfer would
prevent the school district from meeting its obligations
under a State or federal law, court order, or consent
decree applicable to the school district.
(105 ILCS 5/14C-4) (from Ch. 122, par. 14C-4)
Sec. 14C-4. Notice of enrollment; content; rights of
parents.
No later than 30 10 days after the beginning of the
school year or 14 days after the enrollment of any child in a
program in transitional bilingual education during the middle
of a school year, the school district in which the child
resides shall notify by mail the parents or legal guardian of
the child of the fact that their child has been enrolled in a
program in transitional bilingual education. The notice shall
contain all of the following information in a simple,
nontechnical language:
(1) The reasons why the child has been placed in
and needs the services of the program.
(2) The child's level of English proficiency, how
this level was assessed, and the child's current level of
academic achievement.
(3) description of The purposes, method of
instruction used in the program and in other available
offerings of the district, including how the program
differs from those other offerings in content,
instructional goals, and the use of English and native
language instruction.
(4) How the program will meet the educational
strengths and needs of the child.
(5) How the program will specifically help the
child to learn English and to meet academic achievement
standards for grade promotion and graduation.
(6) The specific exit requirements for the program,
the expected rate of transition from the program into the
regular curriculum, and the expected graduation rate for
children in the program if the program is offered at the
secondary level.
(7) How the program meets the objectives of the
child's individual educational program (IEP), if
applicable.
(8) The right of the parents to decline to enroll
the child in the program or to choose another program or
method of instruction, if available.
(9) The right of the parents to have the child
immediately removed from the program upon request.
(10) and content of the program in which the child
is enrolled and shall inform the parents that they have
The right of the parents to visit transitional bilingual
education classes in which their child is enrolled and to
come to the school for a conference to explain the nature
of transitional bilingual education. Said notice shall
further inform the parents that they have the absolute
right, if they so wish, to withdraw their child from a
program in transitional bilingual education in the manner
as hereinafter provided.
The notice shall be in writing in English and in the
language of which the child of the parents so notified
possesses a primary speaking ability.
Any parent whose child has been enrolled in a program in
transitional bilingual education shall have the absolute
right, either at the time of the original notification of
enrollment or at the close of any semester thereafter, to
immediately withdraw his child from said program by providing
written notice of such desire to the school authorities of
the school in which his child is enrolled or to the school
district in which his child resides; provided that no
withdrawal shall be permitted unless such parent is informed
in a conference with school district officials of the nature
of the program.
(Source: P.A. 78-727.)
(105 ILCS 5/18-8.05)
Sec. 18-8.05. Basis for apportionment of general State
financial aid and supplemental general State aid to the
common schools for the 1998-1999 and subsequent school years.
(A) General Provisions.
(1) The provisions of this Section apply to the
1998-1999 and subsequent school years. The system of general
State financial aid provided for in this Section is designed
to assure that, through a combination of State financial aid
and required local resources, the financial support provided
each pupil in Average Daily Attendance equals or exceeds a
prescribed per pupil Foundation Level. This formula approach
imputes a level of per pupil Available Local Resources and
provides for the basis to calculate a per pupil level of
general State financial aid that, when added to Available
Local Resources, equals or exceeds the Foundation Level. The
amount of per pupil general State financial aid for school
districts, in general, varies in inverse relation to
Available Local Resources. Per pupil amounts are based upon
each school district's Average Daily Attendance as that term
is defined in this Section.
(2) In addition to general State financial aid, school
districts with specified levels or concentrations of pupils
from low income households are eligible to receive
supplemental general State financial aid grants as provided
pursuant to subsection (H). The supplemental State aid grants
provided for school districts under subsection (H) shall be
appropriated for distribution to school districts as part of
the same line item in which the general State financial aid
of school districts is appropriated under this Section.
(3) To receive financial assistance under this Section,
school districts are required to file claims with the State
Board of Education, subject to the following requirements:
(a) Any school district which fails for any given
school year to maintain school as required by law, or to
maintain a recognized school is not eligible to file for
such school year any claim upon the Common School Fund.
In case of nonrecognition of one or more attendance
centers in a school district otherwise operating
recognized schools, the claim of the district shall be
reduced in the proportion which the Average Daily
Attendance in the attendance center or centers bear to
the Average Daily Attendance in the school district. A
"recognized school" means any public school which meets
the standards as established for recognition by the State
Board of Education. A school district or attendance
center not having recognition status at the end of a
school term is entitled to receive State aid payments due
upon a legal claim which was filed while it was
recognized.
(b) School district claims filed under this Section
are subject to Sections 18-9, 18-10, and 18-12, except as
otherwise provided in this Section.
(c) If a school district operates a full year
school under Section 10-19.1, the general State aid to
the school district shall be determined by the State
Board of Education in accordance with this Section as
near as may be applicable.
(d) (Blank).
(4) Except as provided in subsections (H) and (L), the
board of any district receiving any of the grants provided
for in this Section may apply those funds to any fund so
received for which that board is authorized to make
expenditures by law.
School districts are not required to exert a minimum
Operating Tax Rate in order to qualify for assistance under
this Section.
(5) As used in this Section the following terms, when
capitalized, shall have the meaning ascribed herein:
(a) "Average Daily Attendance": A count of pupil
attendance in school, averaged as provided for in
subsection (C) and utilized in deriving per pupil
financial support levels.
(b) "Available Local Resources": A computation of
local financial support, calculated on the basis of
Average Daily Attendance and derived as provided pursuant
to subsection (D).
(c) "Corporate Personal Property Replacement
Taxes": Funds paid to local school districts pursuant to
"An Act in relation to the abolition of ad valorem
personal property tax and the replacement of revenues
lost thereby, and amending and repealing certain Acts and
parts of Acts in connection therewith", certified August
14, 1979, as amended (Public Act 81-1st S.S.-1).
(d) "Foundation Level": A prescribed level of per
pupil financial support as provided for in subsection
(B).
(e) "Operating Tax Rate": All school district
property taxes extended for all purposes, except Bond and
Interest, Summer School, Rent, Capital Improvement, and
Vocational Education Building purposes.
(B) Foundation Level.
(1) The Foundation Level is a figure established by the
State representing the minimum level of per pupil financial
support that should be available to provide for the basic
education of each pupil in Average Daily Attendance. As set
forth in this Section, each school district is assumed to
exert a sufficient local taxing effort such that, in
combination with the aggregate of general State financial aid
provided the district, an aggregate of State and local
resources are available to meet the basic education needs of
pupils in the district.
(2) For the 1998-1999 school year, the Foundation Level
of support is $4,225. For the 1999-2000 school year, the
Foundation Level of support is $4,325. For the 2000-2001
school year, the Foundation Level of support is $4,425.
(3) For the 2001-2002 school year and each school year
thereafter, the Foundation Level of support is $4,560 or such
greater amount as may be established by law by the General
Assembly.
(C) Average Daily Attendance.
(1) For purposes of calculating general State aid
pursuant to subsection (E), an Average Daily Attendance
figure shall be utilized. The Average Daily Attendance
figure for formula calculation purposes shall be the monthly
average of the actual number of pupils in attendance of each
school district, as further averaged for the best 3 months of
pupil attendance for each school district. In compiling the
figures for the number of pupils in attendance, school
districts and the State Board of Education shall, for
purposes of general State aid funding, conform attendance
figures to the requirements of subsection (F).
(2) The Average Daily Attendance figures utilized in
subsection (E) shall be the requisite attendance data for the
school year immediately preceding the school year for which
general State aid is being calculated or the average of the
attendance data for the 3 preceding school years, whichever
is greater. The Average Daily Attendance figures utilized in
subsection (H) shall be the requisite attendance data for the
school year immediately preceding the school year for which
general State aid is being calculated.
(D) Available Local Resources.
(1) For purposes of calculating general State aid
pursuant to subsection (E), a representation of Available
Local Resources per pupil, as that term is defined and
determined in this subsection, shall be utilized. Available
Local Resources per pupil shall include a calculated dollar
amount representing local school district revenues from local
property taxes and from Corporate Personal Property
Replacement Taxes, expressed on the basis of pupils in
Average Daily Attendance.
(2) In determining a school district's revenue from
local property taxes, the State Board of Education shall
utilize the equalized assessed valuation of all taxable
property of each school district as of September 30 of the
previous year. The equalized assessed valuation utilized
shall be obtained and determined as provided in subsection
(G).
(3) For school districts maintaining grades kindergarten
through 12, local property tax revenues per pupil shall be
calculated as the product of the applicable equalized
assessed valuation for the district multiplied by 3.00%, and
divided by the district's Average Daily Attendance figure.
For school districts maintaining grades kindergarten through
8, local property tax revenues per pupil shall be calculated
as the product of the applicable equalized assessed valuation
for the district multiplied by 2.30%, and divided by the
district's Average Daily Attendance figure. For school
districts maintaining grades 9 through 12, local property tax
revenues per pupil shall be the applicable equalized assessed
valuation of the district multiplied by 1.05%, and divided by
the district's Average Daily Attendance figure.
(4) The Corporate Personal Property Replacement Taxes
paid to each school district during the calendar year 2 years
before the calendar year in which a school year begins,
divided by the Average Daily Attendance figure for that
district, shall be added to the local property tax revenues
per pupil as derived by the application of the immediately
preceding paragraph (3). The sum of these per pupil figures
for each school district shall constitute Available Local
Resources as that term is utilized in subsection (E) in the
calculation of general State aid.
(E) Computation of General State Aid.
(1) For each school year, the amount of general State
aid allotted to a school district shall be computed by the
State Board of Education as provided in this subsection.
(2) For any school district for which Available Local
Resources per pupil is less than the product of 0.93 times
the Foundation Level, general State aid for that district
shall be calculated as an amount equal to the Foundation
Level minus Available Local Resources, multiplied by the
Average Daily Attendance of the school district.
(3) For any school district for which Available Local
Resources per pupil is equal to or greater than the product
of 0.93 times the Foundation Level and less than the product
of 1.75 times the Foundation Level, the general State aid per
pupil shall be a decimal proportion of the Foundation Level
derived using a linear algorithm. Under this linear
algorithm, the calculated general State aid per pupil shall
decline in direct linear fashion from 0.07 times the
Foundation Level for a school district with Available Local
Resources equal to the product of 0.93 times the Foundation
Level, to 0.05 times the Foundation Level for a school
district with Available Local Resources equal to the product
of 1.75 times the Foundation Level. The allocation of
general State aid for school districts subject to this
paragraph 3 shall be the calculated general State aid per
pupil figure multiplied by the Average Daily Attendance of
the school district.
(4) For any school district for which Available Local
Resources per pupil equals or exceeds the product of 1.75
times the Foundation Level, the general State aid for the
school district shall be calculated as the product of $218
multiplied by the Average Daily Attendance of the school
district.
(5) The amount of general State aid allocated to a
school district for the 1999-2000 school year meeting the
requirements set forth in paragraph (4) of subsection (G)
shall be increased by an amount equal to the general State
aid that would have been received by the district for the
1998-1999 school year by utilizing the Extension Limitation
Equalized Assessed Valuation as calculated in paragraph (4)
of subsection (G) less the general State aid allotted for the
1998-1999 school year. This amount shall be deemed a one
time increase, and shall not affect any future general State
aid allocations.
(F) Compilation of Average Daily Attendance.
(1) Each school district shall, by July 1 of each year,
submit to the State Board of Education, on forms prescribed
by the State Board of Education, attendance figures for the
school year that began in the preceding calendar year. The
attendance information so transmitted shall identify the
average daily attendance figures for each month of the school
year, except that any days of attendance in August shall be
added to the month of September and any days of attendance in
June shall be added to the month of May.
Except as otherwise provided in this Section, days of
attendance by pupils shall be counted only for sessions of
not less than 5 clock hours of school work per day under
direct supervision of: (i) teachers, or (ii) non-teaching
personnel or volunteer personnel when engaging in
non-teaching duties and supervising in those instances
specified in subsection (a) of Section 10-22.34 and paragraph
10 of Section 34-18, with pupils of legal school age and in
kindergarten and grades 1 through 12.
Days of attendance by tuition pupils shall be accredited
only to the districts that pay the tuition to a recognized
school.
(2) Days of attendance by pupils of less than 5 clock
hours of school shall be subject to the following provisions
in the compilation of Average Daily Attendance.
(a) Pupils regularly enrolled in a public school
for only a part of the school day may be counted on the
basis of 1/6 day for every class hour of instruction of
40 minutes or more attended pursuant to such enrollment,
unless a pupil is enrolled in a block-schedule format of
80 minutes or more of instruction, in which case the
pupil may be counted on the basis of the proportion of
minutes of school work completed each day to the minimum
number of minutes that school work is required to be held
that day.
(b) Days of attendance may be less than 5 clock
hours on the opening and closing of the school term, and
upon the first day of pupil attendance, if preceded by a
day or days utilized as an institute or teachers'
workshop.
(c) A session of 4 or more clock hours may be
counted as a day of attendance upon certification by the
regional superintendent, and approved by the State
Superintendent of Education to the extent that the
district has been forced to use daily multiple sessions.
(d) A session of 3 or more clock hours may be
counted as a day of attendance (1) when the remainder of
the school day or at least 2 hours in the evening of that
day is utilized for an in-service training program for
teachers, up to a maximum of 5 days per school year of
which a maximum of 4 days of such 5 days may be used for
parent-teacher conferences, provided a district conducts
an in-service training program for teachers which has
been approved by the State Superintendent of Education;
or, in lieu of 4 such days, 2 full days may be used, in
which event each such day may be counted as a day of
attendance; and (2) when days in addition to those
provided in item (1) are scheduled by a school pursuant
to its school improvement plan adopted under Article 34
or its revised or amended school improvement plan adopted
under Article 2, provided that (i) such sessions of 3 or
more clock hours are scheduled to occur at regular
intervals, (ii) the remainder of the school days in which
such sessions occur are utilized for in-service training
programs or other staff development activities for
teachers, and (iii) a sufficient number of minutes of
school work under the direct supervision of teachers are
added to the school days between such regularly scheduled
sessions to accumulate not less than the number of
minutes by which such sessions of 3 or more clock hours
fall short of 5 clock hours. Any full days used for the
purposes of this paragraph shall not be considered for
computing average daily attendance. Days scheduled for
in-service training programs, staff development
activities, or parent-teacher conferences may be
scheduled separately for different grade levels and
different attendance centers of the district.
(e) A session of not less than one clock hour of
teaching hospitalized or homebound pupils on-site or by
telephone to the classroom may be counted as 1/2 day of
attendance, however these pupils must receive 4 or more
clock hours of instruction to be counted for a full day
of attendance.
(f) A session of at least 4 clock hours may be
counted as a day of attendance for first grade pupils,
and pupils in full day kindergartens, and a session of 2
or more hours may be counted as 1/2 day of attendance by
pupils in kindergartens which provide only 1/2 day of
attendance.
(g) For children with disabilities who are below
the age of 6 years and who cannot attend 2 or more clock
hours because of their disability or immaturity, a
session of not less than one clock hour may be counted as
1/2 day of attendance; however for such children whose
educational needs so require a session of 4 or more clock
hours may be counted as a full day of attendance.
(h) A recognized kindergarten which provides for
only 1/2 day of attendance by each pupil shall not have
more than 1/2 day of attendance counted in any one day.
However, kindergartens may count 2 1/2 days of attendance
in any 5 consecutive school days. When a pupil attends
such a kindergarten for 2 half days on any one school
day, the pupil shall have the following day as a day
absent from school, unless the school district obtains
permission in writing from the State Superintendent of
Education. Attendance at kindergartens which provide for
a full day of attendance by each pupil shall be counted
the same as attendance by first grade pupils. Only the
first year of attendance in one kindergarten shall be
counted, except in case of children who entered the
kindergarten in their fifth year whose educational
development requires a second year of kindergarten as
determined under the rules and regulations of the State
Board of Education.
(G) Equalized Assessed Valuation Data.
(1) For purposes of the calculation of Available Local
Resources required pursuant to subsection (D), the State
Board of Education shall secure from the Department of
Revenue the value as equalized or assessed by the Department
of Revenue of all taxable property of every school district,
together with (i) the applicable tax rate used in extending
taxes for the funds of the district as of September 30 of the
previous year and (ii) the limiting rate for all school
districts subject to property tax extension limitations as
imposed under the Property Tax Extension Limitation Law.
This equalized assessed valuation, as adjusted further by
the requirements of this subsection, shall be utilized in the
calculation of Available Local Resources.
(2) The equalized assessed valuation in paragraph (1)
shall be adjusted, as applicable, in the following manner:
(a) For the purposes of calculating State aid under
this Section, with respect to any part of a school
district within a redevelopment project area in respect
to which a municipality has adopted tax increment
allocation financing pursuant to the Tax Increment
Allocation Redevelopment Act, Sections 11-74.4-1 through
11-74.4-11 of the Illinois Municipal Code or the
Industrial Jobs Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the Illinois Municipal Code, no part of the
current equalized assessed valuation of real property
located in any such project area which is attributable to
an increase above the total initial equalized assessed
valuation of such property shall be used as part of the
equalized assessed valuation of the district, until such
time as all redevelopment project costs have been paid,
as provided in Section 11-74.4-8 of the Tax Increment
Allocation Redevelopment Act or in Section 11-74.6-35 of
the Industrial Jobs Recovery Law. For the purpose of the
equalized assessed valuation of the district, the total
initial equalized assessed valuation or the current
equalized assessed valuation, whichever is lower, shall
be used until such time as all redevelopment project
costs have been paid.
(b) The real property equalized assessed valuation
for a school district shall be adjusted by subtracting
from the real property value as equalized or assessed by
the Department of Revenue for the district an amount
computed by dividing the amount of any abatement of taxes
under Section 18-170 of the Property Tax Code by 3.00%
for a district maintaining grades kindergarten through
12, by 2.30% for a district maintaining grades
kindergarten through 8, or by 1.05% for a district
maintaining grades 9 through 12 and adjusted by an amount
computed by dividing the amount of any abatement of taxes
under subsection (a) of Section 18-165 of the Property
Tax Code by the same percentage rates for district type
as specified in this subparagraph (b).
(3) For the 1999-2000 school year and each school year
thereafter, if a school district meets all of the criteria of
this subsection (G)(3), the school district's Available Local
Resources shall be calculated under subsection (D) using the
district's Extension Limitation Equalized Assessed Valuation
as calculated under this subsection (G)(3).
For purposes of this subsection (G)(3) the following
terms shall have the following meanings:
"Budget Year": The school year for which general
State aid is calculated and awarded under subsection (E).
"Base Tax Year": The property tax levy year used to
calculate the Budget Year allocation of general State
aid.
"Preceding Tax Year": The property tax levy year
immediately preceding the Base Tax Year.
"Base Tax Year's Tax Extension": The product of the
equalized assessed valuation utilized by the County Clerk
in the Base Tax Year multiplied by the limiting rate as
calculated by the County Clerk and defined in the
Property Tax Extension Limitation Law.
"Preceding Tax Year's Tax Extension": The product of
the equalized assessed valuation utilized by the County
Clerk in the Preceding Tax Year multiplied by the
Operating Tax Rate as defined in subsection (A).
"Extension Limitation Ratio": A numerical ratio,
certified by the County Clerk, in which the numerator is
the Base Tax Year's Tax Extension and the denominator is
the Preceding Tax Year's Tax Extension.
"Operating Tax Rate": The operating tax rate as
defined in subsection (A).
If a school district is subject to property tax extension
limitations as imposed under the Property Tax Extension
Limitation Law, the State Board of Education shall calculate
the Extension Limitation Equalized Assessed Valuation of that
district. For the 1999-2000 school year, the Extension
Limitation Equalized Assessed Valuation of a school district
as calculated by the State Board of Education shall be equal
to the product of the district's 1996 Equalized Assessed
Valuation and the district's Extension Limitation Ratio. For
the 2000-2001 school year and each school year thereafter,
the Extension Limitation Equalized Assessed Valuation of a
school district as calculated by the State Board of Education
shall be equal to the product of the Equalized Assessed
Valuation last used in the calculation of general State aid
and the district's Extension Limitation Ratio. If the
Extension Limitation Equalized Assessed Valuation of a school
district as calculated under this subsection (G)(3) is less
than the district's equalized assessed valuation as
calculated pursuant to subsections (G)(1) and (G)(2), then
for purposes of calculating the district's general State aid
for the Budget Year pursuant to subsection (E), that
Extension Limitation Equalized Assessed Valuation shall be
utilized to calculate the district's Available Local
Resources under subsection (D).
(4) For the purposes of calculating general State aid
for the 1999-2000 school year only, if a school district
experienced a triennial reassessment on the equalized
assessed valuation used in calculating its general State
financial aid apportionment for the 1998-1999 school year,
the State Board of Education shall calculate the Extension
Limitation Equalized Assessed Valuation that would have been
used to calculate the district's 1998-1999 general State aid.
This amount shall equal the product of the equalized assessed
valuation used to calculate general State aid for the
1997-1998 school year and the district's Extension Limitation
Ratio. If the Extension Limitation Equalized Assessed
Valuation of the school district as calculated under this
paragraph (4) is less than the district's equalized assessed
valuation utilized in calculating the district's 1998-1999
general State aid allocation, then for purposes of
calculating the district's general State aid pursuant to
paragraph (5) of subsection (E), that Extension Limitation
Equalized Assessed Valuation shall be utilized to calculate
the district's Available Local Resources.
(5) For school districts having a majority of their
equalized assessed valuation in any county except Cook,
DuPage, Kane, Lake, McHenry, or Will, if the amount of
general State aid allocated to the school district for the
1999-2000 school year under the provisions of subsection (E),
(H), and (J) of this Section is less than the amount of
general State aid allocated to the district for the 1998-1999
school year under these subsections, then the general State
aid of the district for the 1999-2000 school year only shall
be increased by the difference between these amounts. The
total payments made under this paragraph (5) shall not exceed
$14,000,000. Claims shall be prorated if they exceed
$14,000,000.
(H) Supplemental General State Aid.
(1) In addition to the general State aid a school
district is allotted pursuant to subsection (E), qualifying
school districts shall receive a grant, paid in conjunction
with a district's payments of general State aid, for
supplemental general State aid based upon the concentration
level of children from low-income households within the
school district. Supplemental State aid grants provided for
school districts under this subsection shall be appropriated
for distribution to school districts as part of the same line
item in which the general State financial aid of school
districts is appropriated under this Section. For purposes of
this subsection, the term "Low-Income Concentration Level"
shall be the low-income eligible pupil count from the most
recently available federal census divided by the Average
Daily Attendance of the school district. If, however, (i) the
percentage decrease from the 2 most recent federal censuses
in the low-income eligible pupil count of a high school
district with fewer than 400 students exceeds by 75% or more
the percentage change in the total low-income eligible pupil
count of contiguous elementary school districts, whose
boundaries are coterminous with the high school district, or
(ii) a high school district within 2 counties and serving 5
elementary school districts, whose boundaries are coterminous
with the high school district, has a percentage decrease from
the 2 most recent federal censuses in the low-income eligible
pupil count and there is a percentage increase in the total
low-income eligible pupil count of a majority of the
elementary school districts in excess of 50% from the 2 most
recent federal censuses, then the high school district's
low-income eligible pupil count from the earlier federal
census shall be the number used as the low-income eligible
pupil count for the high school district, for purposes of
this subsection (H). The changes made to this paragraph (1)
by Public Act 92-28 this amendatory Act of the 92nd General
Assembly shall apply to supplemental general State aid grants
paid in fiscal year 1999 and in each fiscal year thereafter
and to any State aid payments made in fiscal year 1994
through fiscal year 1998 pursuant to subsection 1(n) of
Section 18-8 of this Code (which was repealed on July 1,
1998), and any high school district that is affected by
Public Act 92-28 this amendatory Act of the 92nd General
Assembly is entitled to a recomputation of its supplemental
general State aid grant or State aid paid in any of those
fiscal years. This recomputation shall not be affected by
any other funding.
(2) Supplemental general State aid pursuant to this
subsection (H) shall be provided as follows for the
1998-1999, 1999-2000, and 2000-2001 school years only:
(a) For any school district with a Low Income
Concentration Level of at least 20% and less than 35%,
the grant for any school year shall be $800 multiplied by
the low income eligible pupil count.
(b) For any school district with a Low Income
Concentration Level of at least 35% and less than 50%,
the grant for the 1998-1999 school year shall be $1,100
multiplied by the low income eligible pupil count.
(c) For any school district with a Low Income
Concentration Level of at least 50% and less than 60%,
the grant for the 1998-99 school year shall be $1,500
multiplied by the low income eligible pupil count.
(d) For any school district with a Low Income
Concentration Level of 60% or more, the grant for the
1998-99 school year shall be $1,900 multiplied by the low
income eligible pupil count.
(e) For the 1999-2000 school year, the per pupil
amount specified in subparagraphs (b), (c), and (d)
immediately above shall be increased to $1,243, $1,600,
and $2,000, respectively.
(f) For the 2000-2001 school year, the per pupil
amounts specified in subparagraphs (b), (c), and (d)
immediately above shall be $1,273, $1,640, and $2,050,
respectively.
(2.5) Supplemental general State aid pursuant to this
subsection (H) shall be provided as follows for the 2002-2003
2001-2002 school year and each school year thereafter:
(a) For any school district with a Low Income
Concentration Level of less than 10%, the grant for each
school year shall be $355 multiplied by the low income
eligible pupil count.
(b) For any school district with a Low Income
Concentration Level of at least 10% and less than 20%,
the grant for each school year shall be $675 multiplied
by the low income eligible pupil count.
(c) For any school district with a Low Income
Concentration Level of at least 20% and less than 35%,
the grant for each school year shall be $1,330 $1,190
multiplied by the low income eligible pupil count.
(d) For any school district with a Low Income
Concentration Level of at least 35% and less than 50%,
the grant for each school year shall be $1,362 $1,333
multiplied by the low income eligible pupil count.
(e) For any school district with a Low Income
Concentration Level of at least 50% and less than 60%,
the grant for each school year shall be $1,680 multiplied
by the low income eligible pupil count.
(f) For any school district with a Low Income
Concentration Level of 60% or more, the grant for each
school year shall be $2,080 multiplied by the low income
eligible pupil count.
(3) School districts with an Average Daily Attendance of
more than 1,000 and less than 50,000 that qualify for
supplemental general State aid pursuant to this subsection
shall submit a plan to the State Board of Education prior to
October 30 of each year for the use of the funds resulting
from this grant of supplemental general State aid for the
improvement of instruction in which priority is given to
meeting the education needs of disadvantaged children. Such
plan shall be submitted in accordance with rules and
regulations promulgated by the State Board of Education.
(4) School districts with an Average Daily Attendance of
50,000 or more that qualify for supplemental general State
aid pursuant to this subsection shall be required to
distribute from funds available pursuant to this Section, no
less than $261,000,000 in accordance with the following
requirements:
(a) The required amounts shall be distributed to
the attendance centers within the district in proportion
to the number of pupils enrolled at each attendance
center who are eligible to receive free or reduced-price
lunches or breakfasts under the federal Child Nutrition
Act of 1966 and under the National School Lunch Act
during the immediately preceding school year.
(b) The distribution of these portions of
supplemental and general State aid among attendance
centers according to these requirements shall not be
compensated for or contravened by adjustments of the
total of other funds appropriated to any attendance
centers, and the Board of Education shall utilize funding
from one or several sources in order to fully implement
this provision annually prior to the opening of school.
(c) Each attendance center shall be provided by the
school district a distribution of noncategorical funds
and other categorical funds to which an attendance center
is entitled under law in order that the general State aid
and supplemental general State aid provided by
application of this subsection supplements rather than
supplants the noncategorical funds and other categorical
funds provided by the school district to the attendance
centers.
(d) Any funds made available under this subsection
that by reason of the provisions of this subsection are
not required to be allocated and provided to attendance
centers may be used and appropriated by the board of the
district for any lawful school purpose.
(e) Funds received by an attendance center pursuant
to this subsection shall be used by the attendance center
at the discretion of the principal and local school
council for programs to improve educational opportunities
at qualifying schools through the following programs and
services: early childhood education, reduced class size
or improved adult to student classroom ratio, enrichment
programs, remedial assistance, attendance improvement,
and other educationally beneficial expenditures which
supplement the regular and basic programs as determined
by the State Board of Education. Funds provided shall not
be expended for any political or lobbying purposes as
defined by board rule.
(f) Each district subject to the provisions of this
subdivision (H)(4) shall submit an acceptable plan to
meet the educational needs of disadvantaged children, in
compliance with the requirements of this paragraph, to
the State Board of Education prior to July 15 of each
year. This plan shall be consistent with the decisions of
local school councils concerning the school expenditure
plans developed in accordance with part 4 of Section
34-2.3. The State Board shall approve or reject the plan
within 60 days after its submission. If the plan is
rejected, the district shall give written notice of
intent to modify the plan within 15 days of the
notification of rejection and then submit a modified plan
within 30 days after the date of the written notice of
intent to modify. Districts may amend approved plans
pursuant to rules promulgated by the State Board of
Education.
Upon notification by the State Board of Education
that the district has not submitted a plan prior to July
15 or a modified plan within the time period specified
herein, the State aid funds affected by that plan or
modified plan shall be withheld by the State Board of
Education until a plan or modified plan is submitted.
If the district fails to distribute State aid to
attendance centers in accordance with an approved plan,
the plan for the following year shall allocate funds, in
addition to the funds otherwise required by this
subsection, to those attendance centers which were
underfunded during the previous year in amounts equal to
such underfunding.
For purposes of determining compliance with this
subsection in relation to the requirements of attendance
center funding, each district subject to the provisions
of this subsection shall submit as a separate document by
December 1 of each year a report of expenditure data for
the prior year in addition to any modification of its
current plan. If it is determined that there has been a
failure to comply with the expenditure provisions of this
subsection regarding contravention or supplanting, the
State Superintendent of Education shall, within 60 days
of receipt of the report, notify the district and any
affected local school council. The district shall within
45 days of receipt of that notification inform the State
Superintendent of Education of the remedial or corrective
action to be taken, whether by amendment of the current
plan, if feasible, or by adjustment in the plan for the
following year. Failure to provide the expenditure
report or the notification of remedial or corrective
action in a timely manner shall result in a withholding
of the affected funds.
The State Board of Education shall promulgate rules
and regulations to implement the provisions of this
subsection. No funds shall be released under this
subdivision (H)(4) to any district that has not submitted
a plan that has been approved by the State Board of
Education.
(I) General State Aid for Newly Configured School Districts.
(1) For a new school district formed by combining
property included totally within 2 or more previously
existing school districts, for its first year of existence
the general State aid and supplemental general State aid
calculated under this Section shall be computed for the new
district and for the previously existing districts for which
property is totally included within the new district. If the
computation on the basis of the previously existing districts
is greater, a supplementary payment equal to the difference
shall be made for the first 4 years of existence of the new
district.
(2) For a school district which annexes all of the
territory of one or more entire other school districts, for
the first year during which the change of boundaries
attributable to such annexation becomes effective for all
purposes as determined under Section 7-9 or 7A-8, the general
State aid and supplemental general State aid calculated under
this Section shall be computed for the annexing district as
constituted after the annexation and for the annexing and
each annexed district as constituted prior to the annexation;
and if the computation on the basis of the annexing and
annexed districts as constituted prior to the annexation is
greater, a supplementary payment equal to the difference
shall be made for the first 4 years of existence of the
annexing school district as constituted upon such annexation.
(3) For 2 or more school districts which annex all of
the territory of one or more entire other school districts,
and for 2 or more community unit districts which result upon
the division (pursuant to petition under Section 11A-2) of
one or more other unit school districts into 2 or more parts
and which together include all of the parts into which such
other unit school district or districts are so divided, for
the first year during which the change of boundaries
attributable to such annexation or division becomes effective
for all purposes as determined under Section 7-9 or 11A-10,
as the case may be, the general State aid and supplemental
general State aid calculated under this Section shall be
computed for each annexing or resulting district as
constituted after the annexation or division and for each
annexing and annexed district, or for each resulting and
divided district, as constituted prior to the annexation or
division; and if the aggregate of the general State aid and
supplemental general State aid as so computed for the
annexing or resulting districts as constituted after the
annexation or division is less than the aggregate of the
general State aid and supplemental general State aid as so
computed for the annexing and annexed districts, or for the
resulting and divided districts, as constituted prior to the
annexation or division, then a supplementary payment equal to
the difference shall be made and allocated between or among
the annexing or resulting districts, as constituted upon such
annexation or division, for the first 4 years of their
existence. The total difference payment shall be allocated
between or among the annexing or resulting districts in the
same ratio as the pupil enrollment from that portion of the
annexed or divided district or districts which is annexed to
or included in each such annexing or resulting district bears
to the total pupil enrollment from the entire annexed or
divided district or districts, as such pupil enrollment is
determined for the school year last ending prior to the date
when the change of boundaries attributable to the annexation
or division becomes effective for all purposes. The amount
of the total difference payment and the amount thereof to be
allocated to the annexing or resulting districts shall be
computed by the State Board of Education on the basis of
pupil enrollment and other data which shall be certified to
the State Board of Education, on forms which it shall provide
for that purpose, by the regional superintendent of schools
for each educational service region in which the annexing and
annexed districts, or resulting and divided districts are
located.
(3.5) Claims for financial assistance under this
subsection (I) shall not be recomputed except as expressly
provided under this Section.
(4) Any supplementary payment made under this subsection
(I) shall be treated as separate from all other payments made
pursuant to this Section.
(J) Supplementary Grants in Aid.
(1) Notwithstanding any other provisions of this
Section, the amount of the aggregate general State aid in
combination with supplemental general State aid under this
Section for which each school district is eligible shall be
no less than the amount of the aggregate general State aid
entitlement that was received by the district under Section
18-8 (exclusive of amounts received under subsections 5(p)
and 5(p-5) of that Section) for the 1997-98 school year,
pursuant to the provisions of that Section as it was then in
effect. If a school district qualifies to receive a
supplementary payment made under this subsection (J), the
amount of the aggregate general State aid in combination with
supplemental general State aid under this Section which that
district is eligible to receive for each school year shall be
no less than the amount of the aggregate general State aid
entitlement that was received by the district under Section
18-8 (exclusive of amounts received under subsections 5(p)
and 5(p-5) of that Section) for the 1997-1998 school year,
pursuant to the provisions of that Section as it was then in
effect.
(2) If, as provided in paragraph (1) of this subsection
(J), a school district is to receive aggregate general State
aid in combination with supplemental general State aid under
this Section for the 1998-99 school year and any subsequent
school year that in any such school year is less than the
amount of the aggregate general State aid entitlement that
the district received for the 1997-98 school year, the school
district shall also receive, from a separate appropriation
made for purposes of this subsection (J), a supplementary
payment that is equal to the amount of the difference in the
aggregate State aid figures as described in paragraph (1).
(3) (Blank).
(K) Grants to Laboratory and Alternative Schools.
In calculating the amount to be paid to the governing
board of a public university that operates a laboratory
school under this Section or to any alternative school that
is operated by a regional superintendent of schools, the
State Board of Education shall require by rule such reporting
requirements as it deems necessary.
As used in this Section, "laboratory school" means a
public school which is created and operated by a public
university and approved by the State Board of Education. The
governing board of a public university which receives funds
from the State Board under this subsection (K) may not
increase the number of students enrolled in its laboratory
school from a single district, if that district is already
sending 50 or more students, except under a mutual agreement
between the school board of a student's district of residence
and the university which operates the laboratory school. A
laboratory school may not have more than 1,000 students,
excluding students with disabilities in a special education
program.
As used in this Section, "alternative school" means a
public school which is created and operated by a Regional
Superintendent of Schools and approved by the State Board of
Education. Such alternative schools may offer courses of
instruction for which credit is given in regular school
programs, courses to prepare students for the high school
equivalency testing program or vocational and occupational
training. A regional superintendent of schools may contract
with a school district or a public community college district
to operate an alternative school. An alternative school
serving more than one educational service region may be
established by the regional superintendents of schools of the
affected educational service regions. An alternative school
serving more than one educational service region may be
operated under such terms as the regional superintendents of
schools of those educational service regions may agree.
Each laboratory and alternative school shall file, on
forms provided by the State Superintendent of Education, an
annual State aid claim which states the Average Daily
Attendance of the school's students by month. The best 3
months' Average Daily Attendance shall be computed for each
school. The general State aid entitlement shall be computed
by multiplying the applicable Average Daily Attendance by the
Foundation Level as determined under this Section.
(L) Payments, Additional Grants in Aid and Other
Requirements.
(1) For a school district operating under the financial
supervision of an Authority created under Article 34A, the
general State aid otherwise payable to that district under
this Section, but not the supplemental general State aid,
shall be reduced by an amount equal to the budget for the
operations of the Authority as certified by the Authority to
the State Board of Education, and an amount equal to such
reduction shall be paid to the Authority created for such
district for its operating expenses in the manner provided in
Section 18-11. The remainder of general State school aid for
any such district shall be paid in accordance with Article
34A when that Article provides for a disposition other than
that provided by this Article.
(2) (Blank).
(3) Summer school. Summer school payments shall be made
as provided in Section 18-4.3.
(M) Education Funding Advisory Board.
The Education Funding Advisory Board, hereinafter in this
subsection (M) referred to as the "Board", is hereby created.
The Board shall consist of 5 members who are appointed by the
Governor, by and with the advice and consent of the Senate.
The members appointed shall include representatives of
education, business, and the general public. One of the
members so appointed shall be designated by the Governor at
the time the appointment is made as the chairperson of the
Board. The initial members of the Board may be appointed any
time after the effective date of this amendatory Act of 1997.
The regular term of each member of the Board shall be for 4
years from the third Monday of January of the year in which
the term of the member's appointment is to commence, except
that of the 5 initial members appointed to serve on the
Board, the member who is appointed as the chairperson shall
serve for a term that commences on the date of his or her
appointment and expires on the third Monday of January, 2002,
and the remaining 4 members, by lots drawn at the first
meeting of the Board that is held after all 5 members are
appointed, shall determine 2 of their number to serve for
terms that commence on the date of their respective
appointments and expire on the third Monday of January, 2001,
and 2 of their number to serve for terms that commence on the
date of their respective appointments and expire on the third
Monday of January, 2000. All members appointed to serve on
the Board shall serve until their respective successors are
appointed and confirmed. Vacancies shall be filled in the
same manner as original appointments. If a vacancy in
membership occurs at a time when the Senate is not in
session, the Governor shall make a temporary appointment
until the next meeting of the Senate, when he or she shall
appoint, by and with the advice and consent of the Senate, a
person to fill that membership for the unexpired term. If
the Senate is not in session when the initial appointments
are made, those appointments shall be made as in the case of
vacancies.
The Education Funding Advisory Board shall be deemed
established, and the initial members appointed by the
Governor to serve as members of the Board shall take office,
on the date that the Governor makes his or her appointment of
the fifth initial member of the Board, whether those initial
members are then serving pursuant to appointment and
confirmation or pursuant to temporary appointments that are
made by the Governor as in the case of vacancies.
The State Board of Education shall provide such staff
assistance to the Education Funding Advisory Board as is
reasonably required for the proper performance by the Board
of its responsibilities.
For school years after the 2000-2001 school year, the
Education Funding Advisory Board, in consultation with the
State Board of Education, shall make recommendations as
provided in this subsection (M) to the General Assembly for
the foundation level under subdivision (B)(3) of this Section
and for the supplemental general State aid grant level under
subsection (H) of this Section for districts with high
concentrations of children from poverty. The recommended
foundation level shall be determined based on a methodology
which incorporates the basic education expenditures of
low-spending schools exhibiting high academic performance.
The Education Funding Advisory Board shall make such
recommendations to the General Assembly on January 1 of odd
numbered years, beginning January 1, 2001.
(N) (Blank).
(O) References.
(1) References in other laws to the various subdivisions
of Section 18-8 as that Section existed before its repeal and
replacement by this Section 18-8.05 shall be deemed to refer
to the corresponding provisions of this Section 18-8.05, to
the extent that those references remain applicable.
(2) References in other laws to State Chapter 1 funds
shall be deemed to refer to the supplemental general State
aid provided under subsection (H) of this Section.
(Source: P.A. 91-24, eff. 7-1-99; 91-93, eff. 7-9-99; 91-96,
eff. 7-9-99; 91-111, eff. 7-14-99; 91-357, eff. 7-29-99;
91-533, eff. 8-13-99; 92-7, eff. 6-29-01; 92-16, eff.
6-28-01; 92-28, eff. 7-1-01; 92-29, eff. 7-1-01; 92-269, eff.
8-7-01; revised 8-7-01.)
(105 ILCS 5/34-18.23 new)
Sec. 34-18.23. Transfer of students. The board shall
establish and implement a policy governing the transfer of a
student from one attendance center to another within the
school district upon the request of the student's parent or
guardian. Any request by a parent or guardian to transfer his
or her child from one attendance center to another within the
school district pursuant to Section 1116 of the federal
Elementary and Secondary Education Act of 1965 (20 U.S.C.
Sec. 6317) must be made no later than 30 days after the
parent or guardian receives notice of the right to transfer
pursuant to that law. A student may not transfer to any of
the following attendance centers, except by change in
residence if the policy authorizes enrollment based on
residence in an attendance area or unless approved by the
board on an individual basis:
(1) An attendance center that exceeds or as a
result of the transfer would exceed its attendance
capacity.
(2) An attendance center for which the board has
established academic criteria for enrollment if the
student does not meet the criteria, provided that the
transfer must be permitted if the attendance center is
the only attendance center serving the student's grade
that has not been identified for school improvement,
corrective action, or restructuring under Section 1116 of
the federal Elementary and Secondary Education Act of
1965 (20 U.S.C. Sec. 6317).
(3) Any attendance center if the transfer would
prevent the school district from meeting its obligations
under a State or federal law, court order, or consent
decree applicable to the school district.
Section 99. Effective date. This Act takes effect on
July 1, 2002.
Passed in the General Assembly June 02, 2002.
Approved June 28, 2002.
Effective July 01, 2002.
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