093_SB0744enr

 
SB744 Enrolled                       LRB093 03065 NHT 03082 b

 1        AN ACT concerning schools.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4                              Article 1

 5        Section  1-1.   Short title. This Act may be cited as the
 6    FY2004 Budget Implementation (Education) Act.

 7        Section 1-5.  Purpose. It is the purpose of this  Act  to
 8    make  changes  relating  to  education  that are necessary to
 9    implement the State's FY2004 budget.

10                              Article 5

11        Section 5-5.  The School  Code  is  amended  by  changing
12    Sections  1D-1, 2-3.47, 2-3.61, 2-3.62, 18-8.05, and 27A-11.5
13    and adding Section 2-3.131 as follows:

14        (105 ILCS 5/1D-1)
15        Sec. 1D-1.  Block grant funding.
16        (a)  For  fiscal  year  1996   and   each   fiscal   year
17    thereafter,  the  State  Board  of Education shall award to a
18    school  district  having  a  population   exceeding   500,000
19    inhabitants   a   general   education   block  grant  and  an
20    educational services block grant, determined as  provided  in
21    this  Section,  in  lieu  of  distributing  to  the  district
22    separate   State   funding  for  the  programs  described  in
23    subsections (b) and (c).  The  provisions  of  this  Section,
24    however,  do not apply to any federal funds that the district
25    is entitled to receive.  In accordance with  Section  2-3.32,
26    all  block  grants are subject to an audit.  Therefore, block
27    grant receipts and block grant expenditures shall be recorded
 
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 1    to the appropriate fund code for the designated block grant.
 2        (b)  The general education block grant shall include  the
 3    following programs: REI Initiative, Summer Bridges, Preschool
 4    At  Risk, K-6 Comprehensive Arts, School Improvement Support,
 5    Urban  Education,  Scientific   Literacy,   Substance   Abuse
 6    Prevention,  Second  Language  Planning,  Staff  Development,
 7    Outcomes  and  Assessment,  K-6 Reading Improvement, Truants'
 8    Optional Education, Hispanic Programs, Agriculture Education,
 9    Gifted Education, Parental Education, Prevention  Initiative,
10    Report   Cards,   and   Criminal  Background  Investigations.
11    Notwithstanding any other provision of law, all amounts  paid
12    under   the   general   education   block  grant  from  State
13    appropriations to a  school  district  in  a  city  having  a
14    population    exceeding    500,000   inhabitants   shall   be
15    appropriated and expended by the board of that  district  for
16    any of the programs included in the block grant or any of the
17    board's lawful purposes.
18        (c)  The  educational  services block grant shall include
19    the following programs:  Bilingual,  Regular  and  Vocational
20    Transportation,  State  Lunch  and  Free  Breakfast  Program,
21    Special  Education (Personnel, Extraordinary, Transportation,
22    Orphanage,  Private  Tuition),  Summer  School,   Educational
23    Service   Centers,   and   Administrator's   Academy.    This
24    subsection   (c)   does  not  relieve  the  district  of  its
25    obligation to provide the services required under  a  program
26    that is included within the educational services block grant.
27    It  is  the intention of the General Assembly in enacting the
28    provisions of this subsection (c) to relieve the district  of
29    the   administrative   burdens  that  impede  efficiency  and
30    accompany  single-program  funding.   The  General   Assembly
31    encourages  the  board  to pursue mandate waivers pursuant to
32    Section 2-3.25g.
33        (d)  For  fiscal  year  1996   and   each   fiscal   year
34    thereafter,  the  amount of the district's block grants shall
 
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 1    be determined as follows: (i) with respect  to  each  program
 2    that  is included within each block grant, the district shall
 3    receive an amount equal to the same percentage of the current
 4    fiscal year  appropriation  made  for  that  program  as  the
 5    percentage of the appropriation received by the district from
 6    the 1995 fiscal year appropriation made for that program, and
 7    (ii)  the  total  amount  that  is due the district under the
 8    block grant shall be the aggregate of the  amounts  that  the
 9    district  is  entitled  to  receive  for the fiscal year with
10    respect to each program that is  included  within  the  block
11    grant  that  the  State  Board  of  Education shall award the
12    district under this Section for that  fiscal  year.   In  the
13    case  of  the  Summer  Bridges  program,  the  amount  of the
14    district's block grant shall be equal to 44% of the amount of
15    the current fiscal year appropriation made for that program.
16        (e)  The district is not required to file any application
17    or other claim in order to receive the block grants to  which
18    it  is  entitled  under  this  Section.  The  State  Board of
19    Education shall make payments to the district of amounts  due
20    under the district's block grants on a schedule determined by
21    the State Board of Education.
22        (f)  A  school  district  to  which  this Section applies
23    shall report to the State Board of Education on  its  use  of
24    the  block  grants in such form and detail as the State Board
25    of Education may specify.
26        (g)  This paragraph provides for the treatment  of  block
27    grants  under  Article  1C  for  purposes  of calculating the
28    amount of block grants for a  district  under  this  Section.
29    Those  block  grants  under Article 1C are, for this purpose,
30    treated as included in the amount of  appropriation  for  the
31    various  programs  set  forth  in  paragraph  (b) above.  The
32    appropriation in each current  fiscal  year  for  each  block
33    grant under Article 1C shall be treated for these purposes as
34    appropriations  for  the  individual program included in that
 
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 1    block grant.  The proportion of each block grant so allocated
 2    to each such program included in it shall be  the  proportion
 3    which   the   appropriation  for  that  program  was  of  all
 4    appropriations for such purposes now in that block grant,  in
 5    fiscal 1995.
 6        Payments  to  the school district under this Section with
 7    respect  to  each  program  for  which  payments  to   school
 8    districts generally, as of the date of this amendatory Act of
 9    the 92nd General Assembly, are on a reimbursement basis shall
10    continue to be made to the district on a reimbursement basis,
11    pursuant  to  the  provisions  of  this  Code governing those
12    programs.
13        (h)  Notwithstanding any  other  provision  of  law,  any
14    school  district  receiving  a block grant under this Section
15    may classify all or a portion of the funds that  it  receives
16    in  a  particular fiscal year from any block grant authorized
17    under this Code or from general State aid pursuant to Section
18    18-8.05 of this Code (other than supplemental  general  State
19    aid) as funds received in connection with any funding program
20    for  which  it is entitled to receive funds from the State in
21    that fiscal year (including, without limitation, any  funding
22    program  referred  to  in  subsection  (c)  of this Section),
23    regardless of the source  or  timing  of  the  receipt.   The
24    district  may  not  classify  more funds as funds received in
25    connection with the funding  program  than  the  district  is
26    entitled  to  receive  in  that fiscal year for that program.
27    Any classification by a district must be made by a resolution
28    of its board of education.  The resolution must identify  the
29    amount  of  any  block  grant  or  general  State  aid  to be
30    classified under this subsection (h)  and  must  specify  the
31    funding  program  to  which  the  funds  are to be treated as
32    received  in  connection  therewith.   This   resolution   is
33    controlling  as  to  the  classification  of funds referenced
34    therein.  A certified copy of the resolution must be sent  to
 
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 1    the  State  Superintendent of Education. The resolution shall
 2    still take effect even though a copy of  the  resolution  has
 3    not  been  sent to the State Superintendent of Education in a
 4    timely manner.  No classification under this  subsection  (h)
 5    by  a  district  shall  affect  the total amount or timing of
 6    money the district is entitled to receive  under  this  Code.
 7    No  classification  under  this  subsection (h) by a district
 8    shall in any way relieve the  district  from  or  affect  any
 9    requirements  that  otherwise would apply with respect to the
10    block grant  as  provided  in  this  Section,  including  any
11    accounting  of  funds  by  source,  reporting expenditures by
12    original  source  and  purpose,  reporting  requirements,  or
13    requirements of provision of services.
14    (Source: P.A. 91-711,  eff.  7-1-00;  92-568,  eff.  6-26-02;
15    92-651, eff. 7-11-02.)

16        (105 ILCS 5/2-3.47) (from Ch. 122, par. 2-3.47)
17        Sec.  2-3.47.  Comprehensive  Educational Plan. The State
18    Board of Education shall analyze the current and  anticipated
19    problems  and  deficiencies, present and future minimum needs
20    and requirements and  immediate  and  future  objectives  and
21    goals  of  elementary and secondary education in the State of
22    Illinois,  and  shall  design  and  prepare  a  Comprehensive
23    Educational Plan for the development, expansion, integration,
24    coordination, and improved and efficient utilization  of  the
25    personnel,  facilities,  revenues, curricula and standards of
26    elementary and secondary education for the public schools  in
27    the  areas of teaching (including preparation, certification,
28    compensation, classification, performance rating and tenure),
29    administration,  program  content  and  enrichment,   student
30    academic achievement, class size, transportation, educational
31    finance   and   budgetary   and   accounting  procedure,  and
32    educational policy and resource planning.  In formulating the
33    Comprehensive Educational Plan for elementary  and  secondary
 
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 1    education,  pre-school  through  grade 12, in this State, the
 2    State  Board  of  Education  shall  give   consideration   to
 3    disabled,  gifted, occupational, career and other specialized
 4    areas of elementary  and  secondary  education,  and  further
 5    shall  consider  the problems, requirements and objectives of
 6    private elementary and secondary schools within the State  as
 7    the   same   relate  to  the  present  and  future  problems,
 8    deficiencies, needs, requirements, objectives  and  goals  of
 9    the public school system of Illinois.  As an integral part of
10    the  Comprehensive  Educational  Plan,  the  State  Board  of
11    Education  shall  develop  an annual budget for education for
12    the entire State which details the required,  total  revenues
13    from all sources and the estimated total expenditures for all
14    purposes  under  the  Comprehensive  Educational  Plan.   The
15    budgets  shall  specify  the amount of revenue projected from
16    each source and the amount of expenditure estimated for  each
17    purpose  for  the  fiscal year, and shall specifically relate
18    and  identify   such   projected   revenues   and   estimated
19    expenditures  to  the  particular  problem, deficiency, need,
20    requirement, objective or goal set forth in the Comprehensive
21    Educational Plan to which such revenues for expenditures  are
22    attributable.  The State Board of Education shall prepare and
23    submit  to  the  General  Assembly and the Governor drafts of
24    proposed   legislation   to   implement   the   Comprehensive
25    Educational  Plan;  shall  engage  in  a  continuing   study,
26    analysis and evaluation of the Comprehensive Educational Plan
27    so  designed  and  prepared;  and  shall from time to time as
28    required with respect to such  annual  budgets,  and  as  the
29    State  Board of Education shall determine with respect to any
30    proposed amendments or  modifications  of  any  Comprehensive
31    Educational  Plan enacted by the General Assembly, submit its
32    drafts or recommendations for  proposed  legislation  to  the
33    General Assembly and the Governor.
34    (Source: P.A. 89-397, eff. 8-20-95; 90-372, eff. 7-1-98.)
 
SB744 Enrolled             -7-       LRB093 03065 NHT 03082 b
 1        (105 ILCS 5/2-3.61) (from Ch. 122, par. 2-3.61)
 2        Sec.  2-3.61.   Summer school grants; gifted and remedial
 3    education. From moneys appropriated for  such  purposes,  the
 4    State  Board  of Education shall provide summer school grants
 5    to qualifying school districts applying for such grants to be
 6    used  by  such  districts,  in  strict  accordance  with  the
 7    provisions  of  this  Section,  solely  for  the  purpose  of
 8    enabling students who  are  "gifted  children"  or  "talented
 9    children"  as  defined  in Section 14A-2 and students who, as
10    determined by the school district in accordance with criteria
11    established by the State Board of Education, are in  need  of
12    remedial   education   in   order  to  qualify  for  academic
13    advancement to attend summer school  without  having  to  pay
14    tuition,   fees   or   instructional   material  expenses.  A
15    qualifying district receiving a summer school grant  pursuant
16    to this Section shall use the grant moneys so received solely
17    for  the  purpose  of  employing  certificated  personnel  to
18    provide  instruction and to furnish necessary transportation,
19    text books and other instructional materials for students who
20    are gifted children, talented children or in need of remedial
21    education within the meaning of this Section and  who  attend
22    the  summer  school program of the district. All applications
23    for grants under this Section shall be made  on  forms  which
24    the  State  Board  of  Education  shall provide, and shall be
25    filed by the school districts  making  application  for  such
26    grants  with  the  State  Board  of  Education  prior  to the
27    beginning of a program.  The State Board of  Education  shall
28    adopt  rules regarding the procedure by which application may
29    be made for such grants, and  shall  establish  standards  by
30    which  to  evaluate  the  summer  school programs proposed by
31    applicant  school  districts  for  students  who  are  gifted
32    children, talented children or in need of remedial  education
33    within the meaning of this Section and for the payment of all
34    grants awarded pursuant to this Section.
 
SB744 Enrolled             -8-       LRB093 03065 NHT 03082 b
 1    (Source: P.A. 86-184.)

 2        (105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
 3        Sec. 2-3.62.  Educational Service Centers.
 4        (a)  A  regional  network  of educational service centers
 5    shall be established by  the  State  Board  of  Education  to
 6    coordinate and combine existing services in a manner which is
 7    practical  and  efficient  and  to  provide  new  services to
 8    schools as provided in this Section.   Services  to  be  made
 9    available   by  such  centers  shall  include  the  planning,
10    implementation and evaluation of:
11             (1)  (blank); education for gifted children  through
12        area   service   centers,   experimental   projects   and
13        institutes as provided in Section 14A-6;
14             (2)  computer  technology  education  including  the
15        evaluation,   use  and  application  of  state-of-the-art
16        technology in computer software as  provided  in  Section
17        2-3.43;
18             (3)  mathematics,  science and reading resources for
19        teachers  including   continuing   education,   inservice
20        training and staff development.
21        The  centers  may provide training, technical assistance,
22    coordination and planning in  other  program  areas  such  as
23    school  improvement,  school accountability, career guidance,
24    early  childhood  education,   alcohol/drug   education   and
25    prevention,   family   life   -   sex  education,  electronic
26    transmission of data from  school  districts  to  the  State,
27    alternative  education  and  regional  special education, and
28    telecommunications systems that  provide  distance  learning.
29    Such  telecommunications  systems may be obtained through the
30    Department of Central Management Services pursuant to Section
31    405-270 of the Department of Central Management Services  Law
32    (20   ILCS   405/405-270).   The  programs  and  services  of
33    educational service centers may be offered to private  school
 
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 1    teachers  and  private  school  students  within each service
 2    center  area  provided  public  schools  have  already   been
 3    afforded adequate access to such programs and services.
 4        The  State  Board of Education shall promulgate rules and
 5    regulations necessary to implement this Section.   The  rules
 6    shall  include  detailed  standards which delineate the scope
 7    and specific content of  programs  to  be  provided  by  each
 8    Educational Service Center, as well as the specific planning,
 9    implementation and evaluation services to be provided by each
10    Center  relative  to  its  programs.    The  Board shall also
11    provide the standards by which it will evaluate the  programs
12    provided by each Center.
13        (b)  Centers serving Class 1 county school units shall be
14    governed  by  an 11-member board, 3 members of which shall be
15    public school teachers  nominated  by  the  local  bargaining
16    representatives  to  the  appropriate regional superintendent
17    for appointment and no more than 3 members of which shall  be
18    from  each  of  the  following  categories, including but not
19    limited to superintendents, regional superintendents,  school
20    board  members  and  a  representative  of  an institution of
21    higher  education.   The  members  of  the  board  shall   be
22    appointed   by  the  regional  superintendents  whose  school
23    districts are served by the educational service  center.  The
24    composition  of  the board will reflect the revisions of this
25    amendatory Act of 1989 as the  terms  of  office  of  current
26    members expire.
27        (c)  The  centers  shall be of sufficient size and number
28    to assure delivery of services to all local school  districts
29    in the State.
30        (d)  From  monies appropriated for this program the State
31    Board  of  Education  shall  provide  grants  to   qualifying
32    Educational  Service  Centers  applying  for  such  grants in
33    accordance with rules  and  regulations  promulgated  by  the
34    State Board of Education to implement this Section.
 
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 1        (e)  The  governing  authority of each of the 18 regional
 2    educational service centers shall appoint a family life - sex
 3    education advisory board consisting of 2 parents, 2 teachers,
 4    2 school administrators, 2 school  board  members,  2  health
 5    care  professionals,  one  library system representative, and
 6    the director of the regional educational service  center  who
 7    shall   serve   as  chairperson  of  the  advisory  board  so
 8    appointed.  Members  of  the  family  life  -  sex  education
 9    advisory  boards  shall  serve without compensation.  Each of
10    the advisory boards appointed  pursuant  to  this  subsection
11    shall  develop a plan for regional teacher-parent family life
12    - sex education training sessions and shall  file  a  written
13    report  of  such  plan  with  the  governing  board  of their
14    regional educational service center.  The directors  of  each
15    of  the  regional educational service centers shall thereupon
16    meet, review each of the reports submitted  by  the  advisory
17    boards and combine those reports into a single written report
18    which  they  shall  file  with the Citizens Council on School
19    Problems prior to the end of the regular school term  of  the
20    1987-1988 school year.
21        (f)  The  14  educational service centers serving Class I
22    county school units shall be disbanded on the first Monday of
23    August,  1995,  and  their  statutory  responsibilities   and
24    programs   shall  be  assumed  by  the  regional  offices  of
25    education, subject to rules and regulations developed by  the
26    State  Board  of  Education.  The regional superintendents of
27    schools elected  by  the  voters  residing  in  all  Class  I
28    counties  shall  serve  as the chief administrators for these
29    programs and  services.   By  rule  of  the  State  Board  of
30    Education,  the  10  educational  service  regions  of lowest
31    population shall  provide  such  services  under  cooperative
32    agreements with larger regions.
33    (Source: P.A. 91-239, eff. 1-1-00.)
 
SB744 Enrolled             -11-      LRB093 03065 NHT 03082 b
 1        (105 ILCS 5/2-3.131 new)
 2        Sec.  2-3.131.  FY2004  transitional assistance payments.
 3    If the amount that the State Board of Education will pay to a
 4    school district from  fiscal  year  2004  appropriations,  as
 5    estimated  by  the State Board of Education on April 1, 2004,
 6    is less than the amount that the  State  Board  of  Education
 7    paid   to   the   school   district  from  fiscal  year  2003
 8    appropriations, then, subject  to  appropriation,  the  State
 9    Board of Education shall make a fiscal year 2004 transitional
10    assistance  payment to the school district in an amount equal
11    to the difference between the estimated  amount  to  be  paid
12    from fiscal year 2004 appropriations and the amount paid from
13    fiscal year 2003 appropriations.

14        (105 ILCS 5/18-8.05)
15        Sec.  18-8.05.  Basis  for apportionment of general State
16    financial aid and  supplemental  general  State  aid  to  the
17    common schools for the 1998-1999 and subsequent school years.

18    (A)  General Provisions.
19        (1)  The   provisions   of  this  Section  apply  to  the
20    1998-1999 and subsequent school years.  The system of general
21    State financial aid provided for in this Section is  designed
22    to  assure that, through a combination of State financial aid
23    and required local resources, the financial support  provided
24    each  pupil  in  Average Daily Attendance equals or exceeds a
25    prescribed per pupil Foundation Level.  This formula approach
26    imputes a level of per pupil Available  Local  Resources  and
27    provides  for  the  basis  to  calculate a per pupil level of
28    general State financial aid that,  when  added  to  Available
29    Local Resources, equals or exceeds the Foundation Level.  The
30    amount  of  per  pupil general State financial aid for school
31    districts,  in  general,  varies  in  inverse   relation   to
32    Available  Local Resources.  Per pupil amounts are based upon
33    each school district's Average Daily Attendance as that  term
 
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 1    is defined in this Section.
 2        (2)  In  addition  to general State financial aid, school
 3    districts with specified levels or concentrations  of  pupils
 4    from   low   income   households   are  eligible  to  receive
 5    supplemental general State financial aid grants  as  provided
 6    pursuant to subsection (H). The supplemental State aid grants
 7    provided  for  school districts under subsection (H) shall be
 8    appropriated for distribution to school districts as part  of
 9    the  same  line item in which the general State financial aid
10    of school districts is appropriated under this Section.
11        (3)  To receive financial assistance under this  Section,
12    school  districts  are required to file claims with the State
13    Board of Education, subject to the following requirements:
14             (a)  Any school district which fails for  any  given
15        school  year to maintain school as required by law, or to
16        maintain a recognized school is not eligible to file  for
17        such  school  year any claim upon the Common School Fund.
18        In case of  nonrecognition  of  one  or  more  attendance
19        centers   in   a   school  district  otherwise  operating
20        recognized schools, the claim of the  district  shall  be
21        reduced   in  the  proportion  which  the  Average  Daily
22        Attendance in the attendance center or  centers  bear  to
23        the  Average  Daily Attendance in the school district.  A
24        "recognized school" means any public school  which  meets
25        the standards as established for recognition by the State
26        Board  of  Education.   A  school  district or attendance
27        center not having recognition status  at  the  end  of  a
28        school term is entitled to receive State aid payments due
29        upon   a  legal  claim  which  was  filed  while  it  was
30        recognized.
31             (b)  School district claims filed under this Section
32        are subject to Sections 18-9, 18-10, and 18-12, except as
33        otherwise provided in this Section.
34             (c)  If a  school  district  operates  a  full  year
 
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 1        school  under  Section  10-19.1, the general State aid to
 2        the school district shall  be  determined  by  the  State
 3        Board  of  Education  in  accordance with this Section as
 4        near as may be applicable.
 5             (d)  (Blank).
 6        (4)  Except as provided in subsections (H) and  (L),  the
 7    board  of  any  district receiving any of the grants provided
 8    for in this Section may apply those  funds  to  any  fund  so
 9    received   for   which  that  board  is  authorized  to  make
10    expenditures by law.
11        School districts are not  required  to  exert  a  minimum
12    Operating  Tax  Rate in order to qualify for assistance under
13    this Section.
14        (5)  As used in this Section the  following  terms,  when
15    capitalized, shall have the meaning ascribed herein:
16             (a)  "Average  Daily  Attendance":  A count of pupil
17        attendance  in  school,  averaged  as  provided  for   in
18        subsection   (C)  and  utilized  in  deriving  per  pupil
19        financial support levels.
20             (b)  "Available Local Resources":  A computation  of
21        local  financial  support,  calculated  on  the  basis of
22        Average Daily Attendance and derived as provided pursuant
23        to subsection (D).
24             (c)  "Corporate   Personal   Property    Replacement
25        Taxes":  Funds paid to local school districts pursuant to
26        "An  Act  in  relation  to  the  abolition  of ad valorem
27        personal property tax and  the  replacement  of  revenues
28        lost thereby, and amending and repealing certain Acts and
29        parts  of Acts in connection therewith", certified August
30        14, 1979, as amended (Public Act 81-1st S.S.-1).
31             (d)  "Foundation Level":  A prescribed level of  per
32        pupil  financial  support  as  provided for in subsection
33        (B).
34             (e)  "Operating  Tax  Rate":   All  school  district
 
SB744 Enrolled             -14-      LRB093 03065 NHT 03082 b
 1        property taxes extended for all purposes, except Bond and
 2        Interest, Summer School, Rent, Capital  Improvement,  and
 3        Vocational Education Building purposes.

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

27    (C)  Average Daily Attendance.
28        (1)  For   purposes  of  calculating  general  State  aid
29    pursuant to  subsection  (E),  an  Average  Daily  Attendance
30    figure  shall  be  utilized.   The  Average  Daily Attendance
31    figure for formula calculation purposes shall be the  monthly
32    average  of the actual number of pupils in attendance of each
33    school district, as further averaged for the best 3 months of
 
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 1    pupil attendance for each school district.  In compiling  the
 2    figures  for  the  number  of  pupils  in  attendance, school
 3    districts  and  the  State  Board  of  Education  shall,  for
 4    purposes of general State  aid  funding,  conform  attendance
 5    figures to the requirements of subsection (F).
 6        (2)  The  Average  Daily  Attendance  figures utilized in
 7    subsection (E) shall be the requisite attendance data for the
 8    school year immediately preceding the school year  for  which
 9    general  State  aid is being calculated or the average of the
10    attendance data for the 3 preceding school  years,  whichever
11    is greater.  The Average Daily Attendance figures utilized in
12    subsection (H) shall be the requisite attendance data for the
13    school  year  immediately preceding the school year for which
14    general State aid is being calculated.

15    (D)  Available Local Resources.
16        (1)  For  purposes  of  calculating  general  State   aid
17    pursuant  to  subsection  (E),  a representation of Available
18    Local Resources per  pupil,  as  that  term  is  defined  and
19    determined  in this subsection, shall be utilized.  Available
20    Local Resources per pupil shall include a  calculated  dollar
21    amount representing local school district revenues from local
22    property   taxes   and   from   Corporate  Personal  Property
23    Replacement Taxes,  expressed  on  the  basis  of  pupils  in
24    Average Daily Attendance.
25        (2)  In  determining  a  school  district's  revenue from
26    local property taxes, the  State  Board  of  Education  shall
27    utilize  the  equalized  assessed  valuation  of  all taxable
28    property of each school district as of September  30  of  the
29    previous  year.   The  equalized  assessed valuation utilized
30    shall be obtained and determined as  provided  in  subsection
31    (G).
32        (3)  For school districts maintaining grades kindergarten
33    through  12,  local  property tax revenues per pupil shall be
34    calculated  as  the  product  of  the  applicable   equalized
 
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 1    assessed  valuation for the district multiplied by 3.00%, and
 2    divided by the district's Average  Daily  Attendance  figure.
 3    For  school districts maintaining grades kindergarten through
 4    8, local property tax revenues per pupil shall be  calculated
 5    as the product of the applicable equalized assessed valuation
 6    for  the  district  multiplied  by  2.30%, and divided by the
 7    district's  Average  Daily  Attendance  figure.   For  school
 8    districts maintaining grades 9 through 12, local property tax
 9    revenues per pupil shall be the applicable equalized assessed
10    valuation of the district multiplied by 1.05%, and divided by
11    the district's Average Daily Attendance figure.
12        (4)  The Corporate Personal  Property  Replacement  Taxes
13    paid to each school district during the calendar year 2 years
14    before  the  calendar  year  in  which  a school year begins,
15    divided by the  Average  Daily  Attendance  figure  for  that
16    district,  shall  be added to the local property tax revenues
17    per pupil as derived by the application  of  the  immediately
18    preceding  paragraph (3).  The sum of these per pupil figures
19    for each school district  shall  constitute  Available  Local
20    Resources  as  that term is utilized in subsection (E) in the
21    calculation of general State aid.

22    (E)  Computation of General State Aid.
23        (1)  For each school year, the amount  of  general  State
24    aid  allotted  to  a school district shall be computed by the
25    State Board of Education as provided in this subsection.
26        (2)  For any school district for  which  Available  Local
27    Resources  per  pupil  is less than the product of 0.93 times
28    the Foundation Level, general State  aid  for  that  district
29    shall  be  calculated  as  an  amount equal to the Foundation
30    Level minus Available  Local  Resources,  multiplied  by  the
31    Average Daily Attendance of the school district.
32        (3)  For  any  school  district for which Available Local
33    Resources per pupil is equal to or greater than  the  product
34    of  0.93 times the Foundation Level and less than the product
 
SB744 Enrolled             -17-      LRB093 03065 NHT 03082 b
 1    of 1.75 times the Foundation Level, the general State aid per
 2    pupil shall be a decimal proportion of the  Foundation  Level
 3    derived   using   a  linear  algorithm.   Under  this  linear
 4    algorithm, the calculated general State aid per  pupil  shall
 5    decline   in  direct  linear  fashion  from  0.07  times  the
 6    Foundation Level for a school district with  Available  Local
 7    Resources  equal  to the product of 0.93 times the Foundation
 8    Level, to 0.05  times  the  Foundation  Level  for  a  school
 9    district  with Available Local Resources equal to the product
10    of 1.75  times  the  Foundation  Level.   The  allocation  of
11    general  State  aid  for  school  districts  subject  to this
12    paragraph 3 shall be the calculated  general  State  aid  per
13    pupil  figure  multiplied  by the Average Daily Attendance of
14    the school district.
15        (4)  For any school district for  which  Available  Local
16    Resources  per  pupil  equals  or exceeds the product of 1.75
17    times the Foundation Level, the general  State  aid  for  the
18    school  district  shall  be calculated as the product of $218
19    multiplied by the Average  Daily  Attendance  of  the  school
20    district.
21        (5)  The  amount  of  general  State  aid  allocated to a
22    school district for the 1999-2000  school  year  meeting  the
23    requirements  set  forth  in  paragraph (4) of subsection (G)
24    shall be increased by an amount equal to  the  general  State
25    aid  that  would  have  been received by the district for the
26    1998-1999 school year by utilizing the  Extension  Limitation
27    Equalized  Assessed  Valuation as calculated in paragraph (4)
28    of subsection (G) less the general State aid allotted for the
29    1998-1999 school year.  This amount shall  be  deemed  a  one
30    time  increase, and shall not affect any future general State
31    aid allocations.

32    (F)  Compilation of Average Daily Attendance.
33        (1)  Each school district shall, by July 1 of each  year,
34    submit  to  the State Board of Education, on forms prescribed
 
SB744 Enrolled             -18-      LRB093 03065 NHT 03082 b
 1    by the State Board of Education, attendance figures  for  the
 2    school  year  that began in the preceding calendar year.  The
 3    attendance information  so  transmitted  shall  identify  the
 4    average daily attendance figures for each month of the school
 5    year.   Beginning  with  the general State aid claim form for
 6    the 2002-2003 school year, districts shall calculate  Average
 7    Daily  Attendance  as  provided in subdivisions (a), (b), and
 8    (c) of this paragraph (1).
 9             (a)  In  districts  that  do  not  hold   year-round
10        classes,  days  of attendance in August shall be added to
11        the month of September and any days of attendance in June
12        shall be added to the month of May.
13             (b)  In  districts  in  which  all  buildings   hold
14        year-round classes, days of attendance in July and August
15        shall  be added to the month of September and any days of
16        attendance in June shall be added to the month of May.
17             (c)  In districts in which some buildings,  but  not
18        all,  hold  year-round  classes,  for  the non-year-round
19        buildings, days of attendance in August shall be added to
20        the month of September and any days of attendance in June
21        shall be added to the month of  May.  The  average  daily
22        attendance for the year-round buildings shall be computed
23        as  provided in subdivision (b) of this paragraph (1). To
24        calculate the Average Daily Attendance for the  district,
25        the average daily attendance for the year-round buildings
26        shall  be  multiplied  by  the  days  in  session for the
27        non-year-round buildings for each month and added to  the
28        monthly attendance of the non-year-round buildings.
29        Except  as  otherwise  provided  in this Section, days of
30    attendance by pupils shall be counted only  for  sessions  of
31    not  less  than  5  clock  hours of school work per day under
32    direct supervision of: (i)  teachers,  or  (ii)  non-teaching
33    personnel   or   volunteer   personnel   when   engaging   in
34    non-teaching   duties  and  supervising  in  those  instances
 
SB744 Enrolled             -19-      LRB093 03065 NHT 03082 b
 1    specified in subsection (a) of Section 10-22.34 and paragraph
 2    10 of Section 34-18, with pupils of legal school age  and  in
 3    kindergarten and grades 1 through 12.
 4        Days  of attendance by tuition pupils shall be accredited
 5    only to the districts that pay the tuition  to  a  recognized
 6    school.
 7        (2)  Days  of  attendance  by pupils of less than 5 clock
 8    hours of school shall be subject to the following  provisions
 9    in the compilation of Average Daily Attendance.
10             (a)  Pupils  regularly  enrolled  in a public school
11        for only a part of the school day may be counted  on  the
12        basis  of  1/6 day for every class hour of instruction of
13        40 minutes or more attended pursuant to such  enrollment,
14        unless  a pupil is enrolled in a block-schedule format of
15        80 minutes or more of  instruction,  in  which  case  the
16        pupil  may  be  counted on the basis of the proportion of
17        minutes of school work completed each day to the  minimum
18        number of minutes that school work is required to be held
19        that day.
20             (b)  Days  of  attendance  may  be less than 5 clock
21        hours on the opening and closing of the school term,  and
22        upon  the first day of pupil attendance, if preceded by a
23        day  or  days  utilized  as  an  institute  or  teachers'
24        workshop.
25             (c)  A session of 4  or  more  clock  hours  may  be
26        counted  as a day of attendance upon certification by the
27        regional  superintendent,  and  approved  by  the   State
28        Superintendent  of  Education  to  the  extent  that  the
29        district has been forced to use daily multiple sessions.
30             (d)  A  session  of  3  or  more  clock hours may be
31        counted as a day of attendance (1) when the remainder  of
32        the school day or at least 2 hours in the evening of that
33        day  is  utilized  for an in-service training program for
34        teachers, up to a maximum of 5 days per  school  year  of
 
SB744 Enrolled             -20-      LRB093 03065 NHT 03082 b
 1        which  a maximum of 4 days of such 5 days may be used for
 2        parent-teacher conferences, provided a district  conducts
 3        an  in-service  training  program  for teachers which has
 4        been approved by the State Superintendent  of  Education;
 5        or,  in  lieu of 4 such days, 2 full days may be used, in
 6        which event each such day may be  counted  as  a  day  of
 7        attendance;  and  (2)  when  days  in  addition  to those
 8        provided in item (1) are scheduled by a  school  pursuant
 9        to  its  school improvement plan adopted under Article 34
10        or its revised or amended school improvement plan adopted
11        under Article 2, provided that (i) such sessions of 3  or
12        more  clock  hours  are  scheduled  to  occur  at regular
13        intervals, (ii) the remainder of the school days in which
14        such sessions occur are utilized for in-service  training
15        programs   or  other  staff  development  activities  for
16        teachers, and (iii) a sufficient  number  of  minutes  of
17        school  work under the direct supervision of teachers are
18        added to the school days between such regularly scheduled
19        sessions to  accumulate  not  less  than  the  number  of
20        minutes  by  which such sessions of 3 or more clock hours
21        fall short of 5 clock hours. Any full days used  for  the
22        purposes  of  this  paragraph shall not be considered for
23        computing average daily attendance.  Days  scheduled  for
24        in-service    training    programs,   staff   development
25        activities,  or   parent-teacher   conferences   may   be
26        scheduled  separately  for  different  grade  levels  and
27        different attendance centers of the district.
28             (e)  A  session  of  not less than one clock hour of
29        teaching hospitalized or homebound pupils on-site  or  by
30        telephone  to  the classroom may be counted as 1/2 day of
31        attendance, however these pupils must receive 4  or  more
32        clock  hours  of instruction to be counted for a full day
33        of attendance.
34             (f)  A session of at least  4  clock  hours  may  be
 
SB744 Enrolled             -21-      LRB093 03065 NHT 03082 b
 1        counted  as  a  day of attendance for first grade pupils,
 2        and pupils in full day kindergartens, and a session of  2
 3        or  more hours may be counted as 1/2 day of attendance by
 4        pupils in kindergartens which provide  only  1/2  day  of
 5        attendance.
 6             (g)  For  children  with  disabilities who are below
 7        the age of 6 years and who cannot attend 2 or more  clock
 8        hours  because  of  their  disability  or  immaturity,  a
 9        session of not less than one clock hour may be counted as
10        1/2  day  of  attendance; however for such children whose
11        educational needs so require a session of 4 or more clock
12        hours may be counted as a full day of attendance.
13             (h)  A recognized kindergarten  which  provides  for
14        only  1/2  day of attendance by each pupil shall not have
15        more than 1/2 day of attendance counted in any  one  day.
16        However, kindergartens may count 2 1/2 days of attendance
17        in  any  5 consecutive school days.  When a pupil attends
18        such a kindergarten for 2 half days  on  any  one  school
19        day,  the  pupil  shall  have  the following day as a day
20        absent from school, unless the  school  district  obtains
21        permission  in  writing  from the State Superintendent of
22        Education. Attendance at kindergartens which provide  for
23        a  full  day of attendance by each pupil shall be counted
24        the same as attendance by first grade  pupils.  Only  the
25        first  year  of  attendance  in one kindergarten shall be
26        counted, except in  case  of  children  who  entered  the
27        kindergarten   in  their  fifth  year  whose  educational
28        development requires a second  year  of  kindergarten  as
29        determined  under  the rules and regulations of the State
30        Board of Education.

31    (G)  Equalized Assessed Valuation Data.
32        (1)  For purposes of the calculation of  Available  Local
33    Resources  required  pursuant  to  subsection  (D), the State
34    Board of  Education  shall  secure  from  the  Department  of
 
SB744 Enrolled             -22-      LRB093 03065 NHT 03082 b
 1    Revenue  the value as equalized or assessed by the Department
 2    of Revenue of all taxable property of every school  district,
 3    together  with  (i) the applicable tax rate used in extending
 4    taxes for the funds of the district as of September 30 of the
 5    previous year and (ii)  the  limiting  rate  for  all  school
 6    districts  subject  to  property tax extension limitations as
 7    imposed under the Property Tax Extension Limitation Law.
 8        This equalized assessed valuation, as adjusted further by
 9    the requirements of this subsection, shall be utilized in the
10    calculation of Available Local Resources.
11        (2)  The equalized assessed valuation  in  paragraph  (1)
12    shall be adjusted, as applicable, in the following manner:
13             (a)  For the purposes of calculating State aid under
14        this  Section,  with  respect  to  any  part  of a school
15        district within a redevelopment project area  in  respect
16        to   which  a  municipality  has  adopted  tax  increment
17        allocation  financing  pursuant  to  the  Tax   Increment
18        Allocation  Redevelopment Act, Sections 11-74.4-1 through
19        11-74.4-11  of  the  Illinois  Municipal  Code   or   the
20        Industrial  Jobs Recovery Law, Sections 11-74.6-1 through
21        11-74.6-50 of the Illinois Municipal Code, no part of the
22        current equalized assessed  valuation  of  real  property
23        located in any such project area which is attributable to
24        an  increase  above  the total initial equalized assessed
25        valuation of such property shall be used as part  of  the
26        equalized  assessed valuation of the district, until such
27        time as all redevelopment project costs have  been  paid,
28        as  provided  in  Section  11-74.4-8 of the Tax Increment
29        Allocation Redevelopment Act or in Section 11-74.6-35  of
30        the Industrial Jobs Recovery Law.  For the purpose of the
31        equalized  assessed  valuation of the district, the total
32        initial  equalized  assessed  valuation  or  the  current
33        equalized assessed valuation, whichever is  lower,  shall
34        be  used  until  such  time  as all redevelopment project
 
SB744 Enrolled             -23-      LRB093 03065 NHT 03082 b
 1        costs have been paid.
 2             (b)  The real property equalized assessed  valuation
 3        for  a  school  district shall be adjusted by subtracting
 4        from the real property value as equalized or assessed  by
 5        the  Department  of  Revenue  for  the district an amount
 6        computed by dividing the amount of any abatement of taxes
 7        under Section 18-170 of the Property Tax  Code  by  3.00%
 8        for  a  district  maintaining grades kindergarten through
 9        12,  by  2.30%  for   a   district   maintaining   grades
10        kindergarten  through  8,  or  by  1.05%  for  a district
11        maintaining grades 9 through 12 and adjusted by an amount
12        computed by dividing the amount of any abatement of taxes
13        under subsection (a) of Section 18-165  of  the  Property
14        Tax  Code  by the same percentage rates for district type
15        as specified in this subparagraph (b).
16        (3)  For the 1999-2000 school year and each  school  year
17    thereafter, if a school district meets all of the criteria of
18    this subsection (G)(3), the school district's Available Local
19    Resources  shall be calculated under subsection (D) using the
20    district's Extension Limitation Equalized Assessed  Valuation
21    as calculated under this subsection (G)(3).
22        For  purposes  of  this  subsection  (G)(3) the following
23    terms shall have the following meanings:
24             "Budget Year":  The school year  for  which  general
25        State aid is calculated and awarded under subsection (E).
26             "Base  Tax Year": The property tax levy year used to
27        calculate the Budget Year  allocation  of  general  State
28        aid.
29             "Preceding  Tax  Year":  The  property tax levy year
30        immediately preceding the Base Tax Year.
31             "Base Tax Year's Tax Extension": The product of  the
32        equalized assessed valuation utilized by the County Clerk
33        in  the  Base Tax Year multiplied by the limiting rate as
34        calculated  by  the  County  Clerk  and  defined  in  the
 
SB744 Enrolled             -24-      LRB093 03065 NHT 03082 b
 1        Property Tax Extension Limitation Law.
 2             "Preceding Tax Year's Tax Extension": The product of
 3        the equalized assessed valuation utilized by  the  County
 4        Clerk  in  the  Preceding  Tax  Year  multiplied  by  the
 5        Operating Tax Rate as defined in subsection (A).
 6             "Extension  Limitation  Ratio":  A  numerical ratio,
 7        certified by the County Clerk, in which the numerator  is
 8        the  Base Tax Year's Tax Extension and the denominator is
 9        the Preceding Tax Year's Tax Extension.
10             "Operating Tax Rate":  The  operating  tax  rate  as
11        defined in subsection (A).
12        If a school district is subject to property tax extension
13    limitations  as  imposed  under  the  Property  Tax Extension
14    Limitation Law, the State Board of Education shall  calculate
15    the Extension Limitation Equalized Assessed Valuation of that
16    district.   For  the  1999-2000  school  year,  the Extension
17    Limitation Equalized Assessed Valuation of a school  district
18    as  calculated by the State Board of Education shall be equal
19    to the product of  the  district's  1996  Equalized  Assessed
20    Valuation and the district's Extension Limitation Ratio.  For
21    the  2000-2001  school  year and each school year thereafter,
22    the Extension Limitation Equalized Assessed  Valuation  of  a
23    school district as calculated by the State Board of Education
24    shall  be  equal  to  the  product  of the Equalized Assessed
25    Valuation last used in the calculation of general  State  aid
26    and   the  district's  Extension  Limitation  Ratio.  If  the
27    Extension Limitation Equalized Assessed Valuation of a school
28    district as calculated under this subsection (G)(3)  is  less
29    than   the   district's   equalized   assessed  valuation  as
30    calculated pursuant to subsections (G)(1)  and  (G)(2),  then
31    for  purposes of calculating the district's general State aid
32    for  the  Budget  Year  pursuant  to  subsection  (E),   that
33    Extension  Limitation  Equalized  Assessed Valuation shall be
34    utilized  to  calculate  the   district's   Available   Local
 
SB744 Enrolled             -25-      LRB093 03065 NHT 03082 b
 1    Resources under subsection (D).
 2        (4)  For  the  purposes  of calculating general State aid
 3    for the 1999-2000 school year  only,  if  a  school  district
 4    experienced   a   triennial  reassessment  on  the  equalized
 5    assessed valuation used  in  calculating  its  general  State
 6    financial  aid  apportionment  for the 1998-1999 school year,
 7    the State Board of Education shall  calculate  the  Extension
 8    Limitation  Equalized Assessed Valuation that would have been
 9    used to calculate the district's 1998-1999 general State aid.
10    This amount shall equal the product of the equalized assessed
11    valuation  used  to  calculate  general  State  aid  for  the
12    1997-1998 school year and the district's Extension Limitation
13    Ratio.   If  the  Extension  Limitation  Equalized   Assessed
14    Valuation  of  the  school  district as calculated under this
15    paragraph (4) is less than the district's equalized  assessed
16    valuation  utilized  in  calculating the district's 1998-1999
17    general  State  aid  allocation,   then   for   purposes   of
18    calculating  the  district's  general  State  aid pursuant to
19    paragraph (5) of subsection (E),  that  Extension  Limitation
20    Equalized  Assessed  Valuation shall be utilized to calculate
21    the district's Available Local Resources.
22        (5)  For school districts  having  a  majority  of  their
23    equalized  assessed  valuation  in  any  county  except Cook,
24    DuPage, Kane, Lake,  McHenry,  or  Will,  if  the  amount  of
25    general  State  aid  allocated to the school district for the
26    1999-2000 school year under the provisions of subsection (E),
27    (H), and (J) of this Section  is  less  than  the  amount  of
28    general State aid allocated to the district for the 1998-1999
29    school  year  under these subsections, then the general State
30    aid of the district for the 1999-2000 school year only  shall
31    be  increased  by  the difference between these amounts.  The
32    total payments made under this paragraph (5) shall not exceed
33    $14,000,000.   Claims  shall  be  prorated  if  they   exceed
34    $14,000,000.
 
SB744 Enrolled             -26-      LRB093 03065 NHT 03082 b
 1    (H)  Supplemental General State Aid.
 2        (1)  In  addition  to  the  general  State  aid  a school
 3    district is allotted pursuant to subsection  (E),  qualifying
 4    school  districts  shall receive a grant, paid in conjunction
 5    with  a  district's  payments  of  general  State  aid,   for
 6    supplemental  general  State aid based upon the concentration
 7    level of  children  from  low-income  households  within  the
 8    school  district.  Supplemental State aid grants provided for
 9    school districts under this subsection shall be  appropriated
10    for distribution to school districts as part of the same line
11    item  in  which  the  general  State  financial aid of school
12    districts  is  appropriated  under  this  Section.   If   the
13    appropriation  in  any  fiscal year for general State aid and
14    supplemental general State aid is  insufficient  to  pay  the
15    amounts required under the general State aid and supplemental
16    general  State  aid  calculations,  then  the  State Board of
17    Education shall ensure that each school district receives the
18    full amount due for general State aid and  the  remainder  of
19    the  appropriation  shall  be  used  for supplemental general
20    State aid, which the State Board of Education shall calculate
21    and pay to eligible districts on a prorated basis.
22        (1.5)  This paragraph (1.5) applies only to those  school
23    years  preceding  the  2003-2004 school year. For purposes of
24    this  subsection  (H),  the  term  "Low-Income  Concentration
25    Level" shall be the low-income eligible pupil count from  the
26    most recently available federal census divided by the Average
27    Daily Attendance of the school district. If, however, (i) the
28    percentage  decrease  from the 2 most recent federal censuses
29    in the low-income eligible  pupil  count  of  a  high  school
30    district  with fewer than 400 students exceeds by 75% or more
31    the percentage change in the total low-income eligible  pupil
32    count   of  contiguous  elementary  school  districts,  whose
33    boundaries are coterminous with the high school district,  or
34    (ii)  a  high school district within 2 counties and serving 5
 
SB744 Enrolled             -27-      LRB093 03065 NHT 03082 b
 1    elementary school districts, whose boundaries are coterminous
 2    with the high school district, has a percentage decrease from
 3    the 2 most recent federal censuses in the low-income eligible
 4    pupil count and there is a percentage increase in  the  total
 5    low-income   eligible  pupil  count  of  a  majority  of  the
 6    elementary school districts in excess of 50% from the 2  most
 7    recent  federal  censuses,  then  the  high school district's
 8    low-income eligible pupil  count  from  the  earlier  federal
 9    census  shall  be  the number used as the low-income eligible
10    pupil count for the high school  district,  for  purposes  of
11    this  subsection (H).  The changes made to this paragraph (1)
12    by Public Act 92-28 shall apply to supplemental general State
13    aid grants for school years preceding  the  2003-2004  school
14    year  that are paid in fiscal year 1999 or and in each fiscal
15    year thereafter  and to any State aid payments made in fiscal
16    year 1994 through fiscal year  1998  pursuant  to  subsection
17    1(n) of Section 18-8 of this Code (which was repealed on July
18    1,  1998),  and  any high school district that is affected by
19    Public Act 92-28  is  entitled  to  a  recomputation  of  its
20    supplemental general State aid grant or State aid paid in any
21    of  those  fiscal  years.   This  recomputation  shall not be
22    affected by any other funding.
23        (1.10)  This paragraph (1.10) applies  to  the  2003-2004
24    school  year and each school year thereafter. For purposes of
25    this  subsection  (H),  the  term  "Low-Income  Concentration
26    Level"  shall,  for  each  fiscal  year,  be  the  low-income
27    eligible  pupil  count  as  of  July  1  of  the  immediately
28    preceding fiscal year (as determined  by  the  Department  of
29    Human Services based on the number of pupils who are eligible
30    for  at  least  one  of  the  following  low income programs:
31    Medicaid, KidCare, TANF, or Food Stamps, excluding pupils who
32    are eligible for  services  provided  by  the  Department  of
33    Children and Family Services, averaged over the 2 immediately
34    preceding  fiscal  years  for fiscal year 2004 and over the 3
 
SB744 Enrolled             -28-      LRB093 03065 NHT 03082 b
 1    immediately preceding  fiscal  years  for  each  fiscal  year
 2    thereafter)  divided  by  the Average Daily Attendance of the
 3    school district.
 4        (2)  Supplemental general  State  aid  pursuant  to  this
 5    subsection   (H)   shall  be  provided  as  follows  for  the
 6    1998-1999, 1999-2000, and 2000-2001 school years only:
 7             (a)  For any  school  district  with  a  Low  Income
 8        Concentration  Level  of  at least 20% and less than 35%,
 9        the grant for any school year shall be $800 multiplied by
10        the low income eligible pupil count.
11             (b)  For any  school  district  with  a  Low  Income
12        Concentration  Level  of  at least 35% and less than 50%,
13        the grant for the 1998-1999 school year shall  be  $1,100
14        multiplied by the low income eligible pupil count.
15             (c)  For  any  school  district  with  a  Low Income
16        Concentration Level of at least 50% and  less  than  60%,
17        the  grant  for  the  1998-99 school year shall be $1,500
18        multiplied by the low income eligible pupil count.
19             (d)  For any  school  district  with  a  Low  Income
20        Concentration  Level  of  60%  or more, the grant for the
21        1998-99 school year shall be $1,900 multiplied by the low
22        income eligible pupil count.
23             (e)  For the 1999-2000 school year,  the  per  pupil
24        amount  specified  in  subparagraphs  (b),  (c),  and (d)
25        immediately above shall be increased to  $1,243,  $1,600,
26        and $2,000, respectively.
27             (f)  For  the  2000-2001  school year, the per pupil
28        amounts specified in  subparagraphs  (b),  (c),  and  (d)
29        immediately  above  shall  be $1,273, $1,640, and $2,050,
30        respectively.
31        (2.5)  Supplemental general State aid  pursuant  to  this
32    subsection (H) shall be provided as follows for the 2002-2003
33    school year and each school year thereafter:
34             (a)  For  any  school  district  with  a  Low Income
 
SB744 Enrolled             -29-      LRB093 03065 NHT 03082 b
 1        Concentration Level of less than 10%, the grant for  each
 2        school  year  shall  be $355 multiplied by the low income
 3        eligible pupil count.
 4             (b)  For any  school  district  with  a  Low  Income
 5        Concentration  Level  of  at least 10% and less than 20%,
 6        the grant for each school year shall be  $675  multiplied
 7        by the low income eligible pupil count.
 8             (c)  For  any  school  district  with  a  Low Income
 9        Concentration Level of at least 20% and  less  than  35%,
10        the grant for each school year shall be $1,330 multiplied
11        by the low income eligible pupil count.
12             (d)  For  any  school  district  with  a  Low Income
13        Concentration Level of at least 35% and  less  than  50%,
14        the grant for each school year shall be $1,362 multiplied
15        by the low income eligible pupil count.
16             (e)  For  any  school  district  with  a  Low Income
17        Concentration Level of at least 50% and  less  than  60%,
18        the grant for each school year shall be $1,680 multiplied
19        by the low income eligible pupil count.
20             (f)  For  any  school  district  with  a  Low Income
21        Concentration Level of 60% or more, the  grant  for  each
22        school  year shall be $2,080 multiplied by the low income
23        eligible pupil count.
24        (2.10)  Except  as   otherwise   provided,   supplemental
25    general  State  aid  pursuant to this subsection (H) shall be
26    provided as follows for the 2003-2004 school  year  and  each
27    school year thereafter:
28             (a)  For  any  school  district  with  a  Low Income
29        Concentration Level of 15% or less, the  grant  for  each
30        school  year  shall  be $355 multiplied by the low income
31        eligible pupil count.
32             (b)  For any  school  district  with  a  Low  Income
33        Concentration  Level greater than 15%, the grant for each
34        school year shall be $294.25  added  to  the  product  of
 
SB744 Enrolled             -30-      LRB093 03065 NHT 03082 b
 1        $2,700  and  the  square  of the Low Income Concentration
 2        Level, all multiplied by the low  income  eligible  pupil
 3        count.
 4        For the 2003-2004 school year only, the grant shall be no
 5    less  than  the  grant for the 2002-2003 school year. For the
 6    2004-2005 school year only, the grant shall be no  less  than
 7    the  grant  for the 2002-2003 school year multiplied by 0.66.
 8    For the 2005-2006 school year only, the  grant  shall  be  no
 9    less  than the grant for the 2002-2003 school year multiplied
10    by 0.33.
11        For the 2003-2004 school year only, the grant shall be no
12    greater than the grant received during the  2002-2003  school
13    year   added  to  the  product  of  0.25  multiplied  by  the
14    difference  between  the  grant   amount   calculated   under
15    subsection  (a) or (b) of this paragraph (2.10), whichever is
16    applicable, and  the  grant  received  during  the  2002-2003
17    school  year.  For  the 2004-2005 school year only, the grant
18    shall be no  greater  than  the  grant  received  during  the
19    2002-2003 school year added to the product of 0.50 multiplied
20    by  the  difference between the grant amount calculated under
21    subsection (a) or (b) of this paragraph (2.10), whichever  is
22    applicable,  and  the  grant  received  during  the 2002-2003
23    school year. For the 2005-2006 school year  only,  the  grant
24    shall  be  no  greater  than  the  grant  received during the
25    2002-2003 school year added to the product of 0.75 multiplied
26    by the difference between the grant amount  calculated  under
27    subsection  (a) or (b) of this paragraph (2.10), whichever is
28    applicable, and  the  grant  received  during  the  2002-2003
29    school year.
30        (3)  School districts with an Average Daily Attendance of
31    more  than  1,000  and  less  than  50,000  that  qualify for
32    supplemental general State aid pursuant  to  this  subsection
33    shall  submit a plan to the State Board of Education prior to
34    October 30 of each year for the use of  the  funds  resulting
 
SB744 Enrolled             -31-      LRB093 03065 NHT 03082 b
 1    from  this  grant  of  supplemental general State aid for the
 2    improvement of instruction in  which  priority  is  given  to
 3    meeting  the education needs of disadvantaged children.  Such
 4    plan  shall  be  submitted  in  accordance  with  rules   and
 5    regulations promulgated by the State Board of Education.
 6        (4)  School districts with an Average Daily Attendance of
 7    50,000  or  more  that qualify for supplemental general State
 8    aid  pursuant  to  this  subsection  shall  be  required   to
 9    distribute  from funds available pursuant to this Section, no
10    less than  $261,000,000  in  accordance  with  the  following
11    requirements:
12             (a)  The  required  amounts  shall be distributed to
13        the attendance centers within the district in  proportion
14        to  the  number  of  pupils  enrolled  at each attendance
15        center who are eligible to receive free or  reduced-price
16        lunches  or  breakfasts under the federal Child Nutrition
17        Act of 1966 and  under  the  National  School  Lunch  Act
18        during the immediately preceding school year.
19             (b)  The   distribution   of   these   portions   of
20        supplemental  and  general  State  aid  among  attendance
21        centers  according  to  these  requirements  shall not be
22        compensated for or  contravened  by  adjustments  of  the
23        total  of  other  funds  appropriated  to  any attendance
24        centers, and the Board of Education shall utilize funding
25        from one or several sources in order to  fully  implement
26        this provision annually prior to the opening of school.
27             (c)  Each attendance center shall be provided by the
28        school  district  a  distribution of noncategorical funds
29        and other categorical funds to which an attendance center
30        is entitled under law in order that the general State aid
31        and  supplemental   general   State   aid   provided   by
32        application  of  this  subsection supplements rather than
33        supplants the noncategorical funds and other  categorical
34        funds  provided  by the school district to the attendance
 
SB744 Enrolled             -32-      LRB093 03065 NHT 03082 b
 1        centers.
 2             (d)  Any funds made available under this  subsection
 3        that  by  reason of the provisions of this subsection are
 4        not required to be allocated and provided  to  attendance
 5        centers  may be used and appropriated by the board of the
 6        district for any lawful school purpose.
 7             (e)  Funds received by an attendance center pursuant
 8        to this subsection shall be used by the attendance center
 9        at the discretion  of  the  principal  and  local  school
10        council for programs to improve educational opportunities
11        at  qualifying schools through the following programs and
12        services: early childhood education, reduced  class  size
13        or  improved adult to student classroom ratio, enrichment
14        programs, remedial  assistance,  attendance  improvement,
15        and  other  educationally  beneficial  expenditures which
16        supplement the regular and basic programs  as  determined
17        by the State Board of Education. Funds provided shall not
18        be  expended  for  any  political or lobbying purposes as
19        defined by board rule.
20             (f)  Each district subject to the provisions of this
21        subdivision (H)(4) shall submit  an  acceptable  plan  to
22        meet  the educational needs of disadvantaged children, in
23        compliance with the requirements of  this  paragraph,  to
24        the  State  Board  of  Education prior to July 15 of each
25        year. This plan shall be consistent with the decisions of
26        local school councils concerning the  school  expenditure
27        plans  developed  in  accordance  with  part 4 of Section
28        34-2.3.  The State Board shall approve or reject the plan
29        within 60 days after its  submission.   If  the  plan  is
30        rejected,  the  district  shall  give  written  notice of
31        intent  to  modify  the  plan  within  15  days  of   the
32        notification of rejection and then submit a modified plan
33        within  30  days  after the date of the written notice of
34        intent to modify.  Districts  may  amend  approved  plans
 
SB744 Enrolled             -33-      LRB093 03065 NHT 03082 b
 1        pursuant  to  rules  promulgated  by  the  State Board of
 2        Education.
 3             Upon notification by the State  Board  of  Education
 4        that  the district has not submitted a plan prior to July
 5        15 or a modified plan within the  time  period  specified
 6        herein,  the  State  aid  funds  affected by that plan or
 7        modified plan shall be withheld by  the  State  Board  of
 8        Education until a plan or modified plan is submitted.
 9             If  the  district  fails  to distribute State aid to
10        attendance centers in accordance with an  approved  plan,
11        the  plan for the following year shall allocate funds, in
12        addition  to  the  funds  otherwise  required   by   this
13        subsection,   to  those  attendance  centers  which  were
14        underfunded during the previous year in amounts equal  to
15        such underfunding.
16             For  purposes  of  determining  compliance with this
17        subsection in relation to the requirements of  attendance
18        center  funding,  each district subject to the provisions
19        of this subsection shall submit as a separate document by
20        December 1 of each year a report of expenditure data  for
21        the  prior  year  in  addition to any modification of its
22        current plan.  If it is determined that there has been  a
23        failure to comply with the expenditure provisions of this
24        subsection  regarding  contravention  or supplanting, the
25        State Superintendent of Education shall, within  60  days
26        of  receipt  of  the  report, notify the district and any
27        affected local school council.  The district shall within
28        45 days of receipt of that notification inform the  State
29        Superintendent of Education of the remedial or corrective
30        action  to be taken, whether  by amendment of the current
31        plan, if feasible, or by adjustment in the plan  for  the
32        following  year.   Failure  to  provide  the  expenditure
33        report  or  the  notification  of  remedial or corrective
34        action in a timely manner shall result in  a  withholding
 
SB744 Enrolled             -34-      LRB093 03065 NHT 03082 b
 1        of the affected funds.
 2             The  State Board of Education shall promulgate rules
 3        and regulations  to  implement  the  provisions  of  this
 4        subsection.   No  funds  shall  be  released  under  this
 5        subdivision (H)(4) to any district that has not submitted
 6        a  plan  that  has  been  approved  by the State Board of
 7        Education.

 8    (I)  General State Aid for Newly Configured School Districts.
 9        (1)  For  a  new  school  district  formed  by  combining
10    property  included  totally  within  2  or  more   previously
11    existing  school  districts,  for its first year of existence
12    the general State aid  and  supplemental  general  State  aid
13    calculated  under  this Section shall be computed for the new
14    district and for the previously existing districts for  which
15    property is totally included within the new district.  If the
16    computation on the basis of the previously existing districts
17    is  greater,  a supplementary payment equal to the difference
18    shall be made for the first 4 years of existence of  the  new
19    district.
20        (2)  For  a  school  district  which  annexes  all of the
21    territory of one or more entire other school  districts,  for
22    the   first  year  during  which  the  change  of  boundaries
23    attributable to such annexation  becomes  effective  for  all
24    purposes as determined under Section 7-9 or 7A-8, the general
25    State aid and supplemental general State aid calculated under
26    this  Section  shall be computed for the annexing district as
27    constituted after the annexation and  for  the  annexing  and
28    each annexed district as constituted prior to the annexation;
29    and  if  the  computation  on  the  basis of the annexing and
30    annexed districts as constituted prior to the  annexation  is
31    greater,  a  supplementary  payment  equal  to the difference
32    shall be made for the first  4  years  of  existence  of  the
33    annexing school district as constituted upon such annexation.
34        (3)  For  2  or  more school districts which annex all of
 
SB744 Enrolled             -35-      LRB093 03065 NHT 03082 b
 1    the territory of one or more entire other  school  districts,
 2    and  for 2 or more community unit districts which result upon
 3    the division (pursuant to petition under  Section  11A-2)  of
 4    one  or more other unit school districts into 2 or more parts
 5    and which together include all of the parts into  which  such
 6    other  unit  school district or districts are so divided, for
 7    the  first  year  during  which  the  change  of   boundaries
 8    attributable to such annexation or division becomes effective
 9    for  all  purposes as determined under Section 7-9 or 11A-10,
10    as the case may be, the general State  aid  and  supplemental
11    general  State  aid  calculated  under  this Section shall be
12    computed  for  each  annexing  or   resulting   district   as
13    constituted  after  the  annexation  or division and for each
14    annexing and annexed district,  or  for  each  resulting  and
15    divided  district,  as constituted prior to the annexation or
16    division; and if the aggregate of the general State  aid  and
17    supplemental  general  State  aid  as  so  computed  for  the
18    annexing  or  resulting  districts  as  constituted after the
19    annexation or division is less  than  the  aggregate  of  the
20    general  State  aid  and supplemental general State aid as so
21    computed for the annexing and annexed districts, or  for  the
22    resulting  and divided districts, as constituted prior to the
23    annexation or division, then a supplementary payment equal to
24    the difference shall be made and allocated between  or  among
25    the annexing or resulting districts, as constituted upon such
26    annexation  or  division,  for  the  first  4  years of their
27    existence.  The total difference payment shall  be  allocated
28    between  or  among the annexing or resulting districts in the
29    same ratio as the pupil enrollment from that portion  of  the
30    annexed  or divided district or districts which is annexed to
31    or included in each such annexing or resulting district bears
32    to the total pupil enrollment  from  the  entire  annexed  or
33    divided  district  or  districts, as such pupil enrollment is
34    determined for the school year last ending prior to the  date
 
SB744 Enrolled             -36-      LRB093 03065 NHT 03082 b
 1    when  the change of boundaries attributable to the annexation
 2    or division becomes effective for all purposes.   The  amount
 3    of  the total difference payment and the amount thereof to be
 4    allocated to the annexing or  resulting  districts  shall  be
 5    computed  by  the  State  Board  of Education on the basis of
 6    pupil enrollment and other data which shall be  certified  to
 7    the State Board of Education, on forms which it shall provide
 8    for  that  purpose, by the regional superintendent of schools
 9    for each educational service region in which the annexing and
10    annexed districts, or resulting  and  divided  districts  are
11    located.
12        (3.5)  Claims   for   financial   assistance  under  this
13    subsection (I) shall not be recomputed  except  as  expressly
14    provided under this Section.
15        (4)  Any supplementary payment made under this subsection
16    (I) shall be treated as separate from all other payments made
17    pursuant to this Section.

18    (J)  Supplementary Grants in Aid.
19        (1)  Notwithstanding   any   other   provisions  of  this
20    Section, the amount of the aggregate  general  State  aid  in
21    combination  with  supplemental  general State aid under this
22    Section for which each school district is eligible  shall  be
23    no  less  than  the amount of the aggregate general State aid
24    entitlement that was received by the district  under  Section
25    18-8  (exclusive  of  amounts received under subsections 5(p)
26    and 5(p-5) of that Section)  for  the  1997-98  school  year,
27    pursuant  to the provisions of that Section as it was then in
28    effect.  If  a  school  district  qualifies  to   receive   a
29    supplementary  payment  made  under  this subsection (J), the
30    amount of the aggregate general State aid in combination with
31    supplemental general State aid under this Section which  that
32    district is eligible to receive for each school year shall be
33    no  less  than  the amount of the aggregate general State aid
34    entitlement that was received by the district  under  Section
 
SB744 Enrolled             -37-      LRB093 03065 NHT 03082 b
 1    18-8  (exclusive  of  amounts received under subsections 5(p)
 2    and 5(p-5) of that Section) for the  1997-1998  school  year,
 3    pursuant  to the provisions of that Section as it was then in
 4    effect.
 5        (2)  If, as provided in paragraph (1) of this  subsection
 6    (J),  a school district is to receive aggregate general State
 7    aid in combination with supplemental general State aid  under
 8    this  Section  for the 1998-99 school year and any subsequent
 9    school year that in any such school year  is  less  than  the
10    amount  of  the  aggregate general State aid entitlement that
11    the district received for the 1997-98 school year, the school
12    district shall also receive, from  a  separate  appropriation
13    made  for  purposes  of  this subsection (J), a supplementary
14    payment that is equal to the amount of the difference in  the
15    aggregate State aid figures as described in paragraph (1).
16        (3)  (Blank).

17    (K)  Grants to Laboratory and Alternative Schools.
18        In  calculating  the  amount  to be paid to the governing
19    board of a  public  university  that  operates  a  laboratory
20    school  under  this Section or to any alternative school that
21    is operated by a  regional  superintendent  of  schools,  the
22    State Board of Education shall require by rule such reporting
23    requirements as it deems necessary.
24        As  used  in  this  Section,  "laboratory school" means a
25    public school which is  created  and  operated  by  a  public
26    university and approved by the State Board of Education.  The
27    governing  board  of a public university which receives funds
28    from the State  Board  under  this  subsection  (K)  may  not
29    increase  the  number  of students enrolled in its laboratory
30    school from a single district, if that  district  is  already
31    sending  50 or more students, except under a mutual agreement
32    between the school board of a student's district of residence
33    and the university which operates the laboratory  school.   A
34    laboratory  school  may  not  have  more than 1,000 students,
 
SB744 Enrolled             -38-      LRB093 03065 NHT 03082 b
 1    excluding students with disabilities in a  special  education
 2    program.
 3        As  used  in  this  Section, "alternative school" means a
 4    public school which is created and  operated  by  a  Regional
 5    Superintendent  of Schools and approved by the State Board of
 6    Education.  Such alternative schools  may  offer  courses  of
 7    instruction  for  which  credit  is  given  in regular school
 8    programs, courses to prepare students  for  the  high  school
 9    equivalency  testing  program  or vocational and occupational
10    training.   A regional superintendent of schools may contract
11    with a school district or a public community college district
12    to operate an  alternative  school.   An  alternative  school
13    serving  more  than  one  educational  service  region may be
14    established by the regional superintendents of schools of the
15    affected educational service regions.  An alternative  school
16    serving  more  than  one  educational  service  region may be
17    operated under such terms as the regional superintendents  of
18    schools of those educational service regions may agree.
19        Each  laboratory  and  alternative  school shall file, on
20    forms provided by the State Superintendent of  Education,  an
21    annual  State  aid  claim  which  states  the  Average  Daily
22    Attendance  of  the  school's  students by month.  The best 3
23    months' Average Daily Attendance shall be computed  for  each
24    school.  The  general State aid entitlement shall be computed
25    by multiplying the applicable Average Daily Attendance by the
26    Foundation Level as determined under this Section.

27    (L)  Payments,   Additional   Grants   in   Aid   and   Other
28    Requirements.
29        (1)  For a school district operating under the  financial
30    supervision  of  an  Authority created under Article 34A, the
31    general State aid otherwise payable to  that  district  under
32    this  Section,  but  not  the supplemental general State aid,
33    shall be reduced by an amount equal to  the  budget  for  the
34    operations  of the Authority as certified by the Authority to
 
SB744 Enrolled             -39-      LRB093 03065 NHT 03082 b
 1    the State Board of Education, and an  amount  equal  to  such
 2    reduction  shall  be  paid  to the Authority created for such
 3    district for its operating expenses in the manner provided in
 4    Section 18-11.  The remainder of general State school aid for
 5    any such district shall be paid in  accordance  with  Article
 6    34A  when  that Article provides for a disposition other than
 7    that provided by this Article.
 8        (2)  (Blank).
 9        (3)  Summer school.  Summer school payments shall be made
10    as provided in Section 18-4.3.

11    (M)  Education Funding Advisory Board.
12        The Education Funding Advisory Board, hereinafter in this
13    subsection (M) referred to as the "Board", is hereby created.
14    The Board shall consist of 5 members who are appointed by the
15    Governor, by and with the advice and consent of  the  Senate.
16    The   members  appointed  shall  include  representatives  of
17    education, business, and  the  general  public.  One  of  the
18    members  so  appointed shall be designated by the Governor at
19    the time the appointment is made as the  chairperson  of  the
20    Board.  The initial members of the Board may be appointed any
21    time after the effective date of this amendatory Act of 1997.
22    The regular term of each member of the Board shall be  for  4
23    years  from  the third Monday of January of the year in which
24    the term of the member's appointment is to  commence,  except
25    that  of  the  5  initial  members  appointed to serve on the
26    Board, the member who is appointed as the  chairperson  shall
27    serve  for  a  term  that commences on the date of his or her
28    appointment and expires on the third Monday of January, 2002,
29    and the remaining 4 members,  by  lots  drawn  at  the  first
30    meeting  of  the  Board  that is held after all 5 members are
31    appointed, shall determine 2 of their  number  to  serve  for
32    terms   that   commence  on  the  date  of  their  respective
33    appointments and expire on the third Monday of January, 2001,
34    and 2 of their number to serve for terms that commence on the
 
SB744 Enrolled             -40-      LRB093 03065 NHT 03082 b
 1    date of their respective appointments and expire on the third
 2    Monday of January, 2000.  All members appointed to  serve  on
 3    the  Board  shall serve until their respective successors are
 4    appointed and confirmed.  Vacancies shall be  filled  in  the
 5    same  manner  as  original  appointments.   If  a  vacancy in
 6    membership occurs at  a  time  when  the  Senate  is  not  in
 7    session,  the  Governor  shall  make  a temporary appointment
 8    until the next meeting of the Senate, when he  or  she  shall
 9    appoint,  by and with the advice and consent of the Senate, a
10    person to fill that membership for the  unexpired  term.   If
11    the  Senate  is  not in session when the initial appointments
12    are made, those appointments shall be made as in the case  of
13    vacancies.
14        The  Education  Funding  Advisory  Board  shall be deemed
15    established,  and  the  initial  members  appointed  by   the
16    Governor  to serve as members of the Board shall take office,
17    on the date that the Governor makes his or her appointment of
18    the fifth initial member of the Board, whether those  initial
19    members   are   then  serving  pursuant  to  appointment  and
20    confirmation or pursuant to temporary appointments  that  are
21    made by the Governor as in the case of vacancies.
22        The  State  Board  of  Education shall provide such staff
23    assistance to the Education  Funding  Advisory  Board  as  is
24    reasonably  required  for the proper performance by the Board
25    of its responsibilities.
26        For school years after the  2000-2001  school  year,  the
27    Education  Funding  Advisory  Board, in consultation with the
28    State Board  of  Education,  shall  make  recommendations  as
29    provided  in  this subsection (M) to the General Assembly for
30    the foundation level under subdivision (B)(3) of this Section
31    and for the supplemental general State aid grant level  under
32    subsection  (H)  of  this  Section  for  districts  with high
33    concentrations of children  from  poverty.   The  recommended
34    foundation  level  shall be determined based on a methodology
 
SB744 Enrolled             -41-      LRB093 03065 NHT 03082 b
 1    which  incorporates  the  basic  education  expenditures   of
 2    low-spending  schools  exhibiting  high academic performance.
 3    The  Education  Funding  Advisory  Board  shall   make   such
 4    recommendations  to  the General Assembly on January 1 of odd
 5    numbered years, beginning January 1, 2001.

 6    (N)  (Blank).

 7    (O)  References.
 8        (1)  References in other laws to the various subdivisions
 9    of Section 18-8 as that Section existed before its repeal and
10    replacement by this Section 18-8.05 shall be deemed to  refer
11    to  the  corresponding provisions of this Section 18-8.05, to
12    the extent that those references remain applicable.
13        (2)  References in other laws to State  Chapter  1  funds
14    shall  be  deemed  to refer to the supplemental general State
15    aid provided under subsection (H) of this Section.
16    (Source: P.A. 91-24, eff. 7-1-99; 91-93, eff. 7-9-99;  91-96,
17    eff.  7-9-99;  91-111,  eff.  7-14-99;  91-357, eff. 7-29-99;
18    91-533,  eff.  8-13-99;  92-7,  eff.  6-29-01;  92-16,   eff.
19    6-28-01; 92-28, eff. 7-1-01; 92-29, eff. 7-1-01; 92-269, eff.
20    8-7-01;  92-604,  eff.  7-1-02; 92-636, eff. 7-11-02; 92-651,
21    eff. 7-11-02; revised 7-26-02.)

22        (105 ILCS 5/27A-11.5)
23        Sec. 27A-11.5.  State  financing.   The  State  Board  of
24    Education  shall make the following funds available to school
25    districts and charter schools:
26             (1)  From a separate appropriation made to the State
27        Board for purposes of this  subdivision  (1),  the  State
28        Board  shall  make  transition  impact  aid  available to
29        school districts that approve a  new  charter  school  or
30        that have funds withheld by the State Board to fund a new
31        charter school that is chartered by the State Board.  The
32        amount  of  the  aid  shall  equal  90% of the per capita
 
SB744 Enrolled             -42-      LRB093 03065 NHT 03082 b
 1        funding paid to the charter school during the first  year
 2        of  its  initial  charter  term,  65%  of  the per capita
 3        funding paid to the charter school during the second year
 4        of its initial term, and 35% of the  per  capita  funding
 5        paid  to  the charter school during the third year of its
 6        initial term.  This transition impact aid shall  be  paid
 7        to   the   local   school   board   in   equal  quarterly
 8        installments, with the payment of the installment for the
 9        first  quarter  being  made  by  August  1st  immediately
10        preceding the first,  second,  and  third  years  of  the
11        initial term.  The district shall file an application for
12        this  aid  with the State Board in a format designated by
13        the State Board.  If the appropriation is insufficient in
14        any year to pay all approved claims, the impact aid shall
15        be prorated. However, for fiscal  year  2004,  the  State
16        Board  of  Education  shall  pay approved claims only for
17        charter schools with a valid  charter  granted  prior  to
18        June 1, 2003. If any funds remain after these claims have
19        been  paid, then the State Board of Education may pay all
20        other approved claims on a pro rata  basis.    Transition
21        impact  aid  shall  be  paid  beginning  in the 1999-2000
22        school year for charter schools that are  in  the  first,
23        second,  or third year of their initial term.  Transition
24        impact aid shall not be paid for any charter school  that
25        is  proposed  and  created  by  one  or  more  boards  of
26        education,  as  authorized under the provisions of Public
27        Act 91-405.
28             (2)  From a  separate  appropriation  made  for  the
29        purpose  of  this  subdivision (2), the State Board shall
30        make grants to charter  schools  to  pay  their  start-up
31        costs  of  acquiring  educational materials and supplies,
32        textbooks, furniture, and other equipment  needed  during
33        their  initial  term.   The  State  Board  shall annually
34        establish the time and manner of  application  for  these
 
SB744 Enrolled             -43-      LRB093 03065 NHT 03082 b
 1        grants,  which shall not exceed $250 per student enrolled
 2        in the charter school.
 3             (3)  The Charter  Schools  Revolving  Loan  Fund  is
 4        created as a special fund in the State treasury.  Federal
 5        funds,  such  other  funds  as  may be made available for
 6        costs  associated  with  the  establishment  of   charter
 7        schools  in  Illinois,  and  amounts  repaid  by  charter
 8        schools  that  have  received  a  loan  from  the Charter
 9        Schools Revolving Loan Fund shall be deposited  into  the
10        Charter  Schools  Revolving  Loan Fund, and the moneys in
11        the  Charter  Schools  Revolving  Loan  Fund   shall   be
12        appropriated  to  the  State  Board  and  used to provide
13        interest-free loans  to  charter  schools.   These  funds
14        shall   be  used  to  pay  start-up  costs  of  acquiring
15        educational materials and supplies, textbooks, furniture,
16        and other equipment needed in the  initial  term  of  the
17        charter   school  and  for  acquiring  and  remodeling  a
18        suitable physical plant, within the initial term  of  the
19        charter  school.   Loans shall be limited to one loan per
20        charter school and shall  not  exceed  $250  per  student
21        enrolled  in  the charter school.  A loan shall be repaid
22        by the end of the initial term  of  the  charter  school.
23        The State Board may deduct amounts necessary to repay the
24        loan  from funds due to the charter school or may require
25        that the local school board that authorized  the  charter
26        school  deduct  such  amounts  from funds due the charter
27        school and  remit  these  amounts  to  the  State  Board,
28        provided  that  the  local  school  board  shall  not  be
29        responsible  for  repayment of the loan.  The State Board
30        may use up to 3% of the appropriation to contract with  a
31        non-profit entity to administer the loan program.
32             (4)  A  charter  school  may  apply for and receive,
33        subject to the same  restrictions  applicable  to  school
34        districts, any grant administered by the State Board that
 
SB744 Enrolled             -44-      LRB093 03065 NHT 03082 b
 1        is available for school districts.
 2    (Source: P.A. 91-407, eff. 8-3-99; 92-16, eff. 6-28-01.)

 3        (105 ILCS 5/Art. 14A rep.)
 4        Section  5-10.  The  School  Code is amended by repealing
 5    Article 14A.

 6                             Article 10

 7        Section 10-5.  The School Code  is  amended  by  changing
 8    Section 10-22.20 as follows:

 9        (105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
10        Sec.  10-22.20.  Classes  for  adults  and  youths  whose
11    schooling   has   been   interrupted;  conditions  for  State
12    reimbursement; use of child care facilities.
13        (a)  To establish special classes for the instruction (1)
14    of persons of age 21 years or over, and (2) of  persons  less
15    than age 21 and not otherwise in attendance in public school,
16    for  the  purpose  of  providing adults in the community, and
17    youths  whose  schooling  has  been  interrupted,  with  such
18    additional basic education, vocational  skill  training,  and
19    other  instruction  as  may  be  necessary  to increase their
20    qualifications for employment or other means of  self-support
21    and  their ability to meet their responsibilities as citizens
22    including  courses  of  instruction  regularly  accepted  for
23    graduation  from  elementary  or   high   schools   and   for
24    Americanization  and  General  Educational Development Review
25    classes.
26        The board  shall  pay  the  necessary  expenses  of  such
27    classes  out of school funds of the district, including costs
28    of student transportation and such  facilities  or  provision
29    for  child-care  as  may  be necessary in the judgment of the
30    board  to  permit  maximum  utilization  of  the  courses  by
 
SB744 Enrolled             -45-      LRB093 03065 NHT 03082 b
 1    students with  children,  and  other  special  needs  of  the
 2    students  directly related to such instruction.  The expenses
 3    thus incurred shall be subject  to  State  reimbursement,  as
 4    provided  in  this  Section.   The  board  may make a tuition
 5    charge for persons taking instruction who are not subject  to
 6    State  reimbursement,  such  tuition charge not to exceed the
 7    per capita cost of such classes.
 8        The cost of such instruction,  including  the  additional
 9    expenses   herein  authorized,  incurred  for  recipients  of
10    financial aid under the Illinois  Public  Aid  Code,  or  for
11    persons   for  whom  education  and  training  aid  has  been
12    authorized under Section 9-8 of that Code, shall  be  assumed
13    in  its  entirety from funds appropriated by the State to the
14    Illinois Community College Board.
15        (b)  The Illinois Community College Board shall establish
16    the standards for the courses of instruction reimbursed under
17    this Section.  The Illinois  Community  College  Board  shall
18    supervise  the  administration of the programs.  The Illinois
19    Community  College  Board  shall  determine   the   cost   of
20    instruction  in  accordance with standards established by the
21    the Illinois Community College Board, including therein other
22    incidental costs as herein authorized, which shall  serve  as
23    the  basis  of  State  reimbursement  in  accordance with the
24    provisions of  this Section. In the approval of programs  and
25    the  determination  of  the cost of instruction, the Illinois
26    Community  College  Board  shall  provide  for  the   maximum
27    utilization  of federal funds for such programs. The Illinois
28    Community College Board shall also provide for:
29             (1)  the development of an index of need for program
30        planning and for area funding allocations, as defined  by
31        the Illinois Community College Board;
32             (2)  the    method    for   calculating   hours   of
33        instruction, as defined by the Illinois Community College
34        Board, claimable for reimbursement and a method to  phase
 
SB744 Enrolled             -46-      LRB093 03065 NHT 03082 b
 1        in  the calculation and for adjusting the calculations in
 2        cases where the services of a program are interrupted due
 3        to  circumstances  beyond  the  control  of  the  program
 4        provider;
 5             (3)  a  plan  for  the  reallocation  of  funds   to
 6        increase  the  amount  allocated  for  grants  based upon
 7        program performance as set forth in subsection (d) below;
 8        and
 9             (4)  the development of  standards  for  determining
10        grants  based upon performance as set forth in subsection
11        (d) below and a plan for the phased-in implementation  of
12        those standards.
13        For   instruction   provided   by  school  districts  and
14    community  college  districts  beginning  July  1,  1996  and
15    thereafter, reimbursement provided by the Illinois  Community
16    College Board for classes authorized by this Section shall be
17    provided   from  funds  appropriated  for  the  reimbursement
18    criteria set forth in subsection (c) below.
19        (c)  Upon the annual approval of the  Illinois  Community
20    College  Board,  reimbursement  shall  be  first provided for
21    transportation, child care services, and other special  needs
22    of the students directly related to instruction and then from
23    the  funds  remaining  an  amount equal to the product of the
24    total credit hours or units of instruction  approved  by  the
25    Illinois   Community   College   Board,   multiplied  by  the
26    following:
27             (1)  For  adult   basic   education,   the   maximum
28        reimbursement  per credit hour or per unit of instruction
29        shall be  equal  to  the  general  state  aid  per  pupil
30        foundation level established in subsection (B) of Section
31        18-8.05, divided by 60;
32             (2)  The  maximum  reimbursement  per credit hour or
33        per unit of instruction in subparagraph (1)  above  shall
34        be  weighted  for students enrolled in classes defined as
 
SB744 Enrolled             -47-      LRB093 03065 NHT 03082 b
 1        vocational skills and approved by the Illinois  Community
 2        College Board by 1.25;
 3             (3)  The  maximum  reimbursement  per credit hour or
 4        per unit of instruction in subparagraph (1)  above  shall
 5        be  multiplied  by  .90  for students enrolled in classes
 6        defined  as  adult  secondary  education   programs   and
 7        approved by the Illinois Community College Board;
 8             (4)  (Blank)  For  community  college  districts the
 9        maximum reimbursement per credit  hour  in  subparagraphs
10        (1),  (2),  and  (3)  above shall be reduced by the Adult
11        Basic Education/Adult Secondary  Education/English  As  A
12        Second  Language  credit  hour  grant  rate prescribed in
13        Section 2-16.02 of the Public Community College  Act,  as
14        pro-rated to the appropriation level; and
15             (5)  Programs receiving funds under the formula that
16        was  in  effect  during  the 1994-1995 program year which
17        continue to be approved and which generate at  least  80%
18        of  the  hours  claimable  in  1994-95, or in the case of
19        programs not approved in 1994-95  at  least  80%  of  the
20        hours  claimable  in  1995-96,  shall  have  funding  for
21        subsequent  years  based upon 100% of the 1995-96 formula
22        funding level for 1996-97, 90%  of  the  1995-96  formula
23        funding  level  for  1997-98,  80% of the 1995-96 formula
24        funding level for 1998-99, and 70% of the 1995-96 formula
25        funding level for 1999-2000.  For  any  approved  program
26        which  generates  less than 80% of the claimable hours in
27        its base year, the level  of  funding  pursuant  to  this
28        paragraph  shall be reduced proportionately.  Funding for
29        program years after 1999-2000 shall be determined by  the
30        Illinois Community College Board.
31        (d)  Upon  its  annual  approval,, the Illinois Community
32    College Board shall provide grants to eligible  programs  for
33    supplemental  activities  to improve or expand services under
34    the  Adult  Education  Act.    Eligible  programs  shall   be
 
SB744 Enrolled             -48-      LRB093 03065 NHT 03082 b
 1    determined based upon performance outcomes of students in the
 2    programs as set by the Illinois Community College Board.
 3        (e)  Reimbursement  under  this  Section shall not exceed
 4    the actual costs of the approved program.
 5        If the amount  appropriated  to  the  Illinois  Community
 6    College  Board  for  reimbursement under this Section is less
 7    than the amount required under this  Act,  the  apportionment
 8    shall be proportionately reduced.
 9        School  districts  and  community  college  districts may
10    assess students up to $3.00  per  credit  hour,  for  classes
11    other than Adult Basic Education level programs, if needed to
12    meet program costs.
13        (f)  An  education  plan  shall  be  established for each
14    adult or youth whose schooling has been interrupted  and  who
15    is participating in the instructional programs provided under
16    this Section.
17        Each  school  board  and  community college shall keep an
18    accurate and detailed account of the students assigned to and
19    receiving instruction under this Section who are  subject  to
20    State  reimbursement  and  shall  submit  reports of services
21    provided commencing with fiscal year 1997 as required by  the
22    Illinois Community College Board.
23        For  classes authorized under this Section, a credit hour
24    or unit of  instruction  is  equal  to  15  hours  of  direct
25    instruction for students enrolled in approved adult education
26    programs  at  midterm  and  making  satisfactory progress, in
27    accordance  with  standards  established  by   the   Illinois
28    Community College Board.
29        (g)  Upon  proof  submitted to the Illinois Department of
30    Human Services of the payment of all claims  submitted  under
31    this  Section,  that Department shall apply for federal funds
32    made available therefor and any  federal  funds  so  received
33    shall  be  paid  into  the  General Revenue Fund in the State
34    Treasury.
 
SB744 Enrolled             -49-      LRB093 03065 NHT 03082 b
 1        School districts or community colleges providing  classes
 2    under  this Section shall submit applications to the Illinois
 3    Community College Board for preapproval  in  accordance  with
 4    the  standards  established by the Illinois Community College
 5    Board.  Payments shall be  made  by  the  Illinois  Community
 6    College   Board   based   upon  approved  programs.   Interim
 7    expenditure reports may be required by the Illinois Community
 8    College Board.  Final claims for the  school  year  shall  be
 9    submitted  to the regional superintendents for transmittal to
10    the  Illinois  Community  College  Board.    Final   adjusted
11    payments shall be made by September 30.
12        If  a school district or community college district fails
13    to provide, or is providing  unsatisfactory  or  insufficient
14    classes  under  this  Section, the Illinois Community College
15    Board may  enter  into  agreements  with  public  or  private
16    educational  or  other agencies other than the public schools
17    for the establishment of such classes.
18        (h)  If a school district or community  college  district
19    establishes   child-care   facilities  for  the  children  of
20    participants in classes established under  this  Section,  it
21    may  extend  the use of these facilities to students who have
22    obtained employment and to other  persons  in  the  community
23    whose  children require care and supervision while the parent
24    or other person in charge of  the  children  is  employed  or
25    otherwise absent from the home during all or part of the day.
26    It may make the facilities available before and after as well
27    as  during  regular  school hours to school age and preschool
28    age children who may benefit thereby, including children  who
29    require  care  and  supervision  pending  the return of their
30    parent  or  other  person  in  charge  of  their  care   from
31    employment or other activity requiring absence from the home.
32        The  Illinois  Community  College  Board shall pay to the
33    board the cost of care in the facilities for any child who is
34    a recipient of financial aid under the  Illinois  Public  Aid
 
SB744 Enrolled             -50-      LRB093 03065 NHT 03082 b
 1    Code.
 2        The  board  may  charge  for care of children for whom it
 3    cannot make claim under the provisions of this Section.   The
 4    charge  shall  not  exceed per capita cost, and to the extent
 5    feasible, shall  be  fixed  at  a  level  which  will  permit
 6    utilization  by  employed  parents of low or moderate income.
 7    It may also permit any  other  State  or  local  governmental
 8    agency  or  private  agency  providing  care  for children to
 9    purchase care.
10        After  July  1,  1970  when  the  provisions  of  Section
11    10-20.20 become operative in  the  district,  children  in  a
12    child-care  facility shall be transferred to the kindergarten
13    established under that Section for such portion of the day as
14    may be required for the kindergarten program,  and  only  the
15    prorated  costs  of  care and training provided in the Center
16    for the remaining period shall be  charged  to  the  Illinois
17    Department  of  Human  Services  or other persons or agencies
18    paying for such care.
19        (i)  The provisions of this Section shall also  apply  to
20    school districts having a population exceeding 500,000.
21        (j)  In  addition  to  claiming  reimbursement under this
22    Section, a school district may claim general State aid  under
23    Section  18-8.05 for any student under age 21 who is enrolled
24    in courses accepted for graduation from  elementary  or  high
25    school  and  who  otherwise meets the requirements of Section
26    18-8.05.
27    (Source: P.A.  90-14,  eff.  7-1-97;  90-548,  eff.   1-1-98;
28    90-802, eff. 12-15-98; 91-830, eff. 7-1-01; revised 2-17-03.)

29        Section  10-10.   The  Adult  Education Act is amended by
30    changing Section 3-1 as follows:

31        (105 ILCS 405/3-1) (from Ch. 122, par. 203-1)
32        Sec. 3-1.  Apportionment for Adult Education Courses. Any
 
SB744 Enrolled             -51-      LRB093 03065 NHT 03082 b
 1    school  district  or  public   community   college   district
 2    maintaining  adult  education  classes for the instruction of
 3    persons over 21 years of age and youths under 21 years of age
 4    whose schooling has been interrupted  shall  be  entitled  to
 5    claim  an  apportionment in accordance with the provisions of
 6    Section 10-22.20 of the School Code and Section 2-4  of  this
 7    Act.  Any public community college district maintaining adult
 8    education classes for the  instruction  of  persons  over  21
 9    years of age and youths under 21 years of age whose schooling
10    has   been   interrupted   shall  be  entitled  to  claim  an
11    apportionment in accordance with the  provisions  of  Section
12    2-16.02 of the Public Community College Act.
13        Reimbursement  as  herein  provided  shall  be limited to
14    courses regularly accepted for graduation from elementary  or
15    high  schools and for Americanization and General Educational
16    Development Review classes which are approved by the Board.
17        If the amount appropriated for this purpose is less  than
18    the amount required under the provisions of this Section, the
19    apportionment  for  local  districts shall be proportionately
20    reduced.
21    (Source: P.A. 91-830, eff. 7-1-00.)

22        Section 10-15.   The  Public  Community  College  Act  is
23    amended  by  changing Section 2-16.02 and adding Section 2-20
24    as follows:

25        (110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
26        Sec. 2-16.02.  Grants.  Any  community  college  district
27    that  maintains  a  community college recognized by the State
28    Board shall receive, when eligible, grants enumerated in this
29    Section.  Funded semester credit hours or other  measures  or
30    both  as  specified  by  the  State  Board  shall  be used to
31    distribute grants to  community  colleges.   Funded  semester
32    credit  hours shall be defined, for purposes of this Section,
 
SB744 Enrolled             -52-      LRB093 03065 NHT 03082 b
 1    as the greater of (1) the number of semester credit hours, or
 2    equivalent,  in  all  funded  instructional   categories   of
 3    students  who  have  been certified as being in attendance at
 4    midterm during the respective terms of the base  fiscal  year
 5    or  (2)  the average of semester credit hours, or equivalent,
 6    in all funded instructional categories of students  who  have
 7    been  certified  as being in attendance at midterm during the
 8    respective terms of the base fiscal  year  and  the  2  prior
 9    fiscal  years.   For  purposes  of this Section, "base fiscal
10    year" means the fiscal year 2 years prior to the fiscal  year
11    for  which  the grants are appropriated.  Such students shall
12    have been residents of Illinois and shall have been  enrolled
13    in  courses that are part of instructional program categories
14    approved by the State Board and that are applicable toward an
15    associate degree or certificate. Courses  that  are  eligible
16    for  reimbursement  are  those courses for which the district
17    pays 50% or more  of  the  program  costs  from  unrestricted
18    revenue  sources,  with  the  exception of courses offered by
19    contract with the Department of Corrections  in  correctional
20    institutions. For the purposes of this Section, "unrestricted
21    revenue  sources"  means those revenues in which the provider
22    of the revenue imposes  no  financial  limitations  upon  the
23    district  as  it  relates  to  the  expenditure of the funds.
24    Courses are not eligible for reimbursement where the district
25    receives federal or State financing or both, except financing
26    through the State Board, for 50% or more of the program costs
27    with the exception of courses offered by  contract  with  the
28    Department of Corrections in correctional institutions.  Base
29    operating  grants  shall  be  paid  based on rates per funded
30    semester credit hour or equivalent calculated  by  the  State
31    Board  for  funded  instructional  categories  using  cost of
32    instruction,  enrollment,  inflation,  and   other   relevant
33    factors.  A  portion  of  the  base  operating grant shall be
34    allocated  on  the  basis  of  non-residential  gross  square
 
SB744 Enrolled             -53-      LRB093 03065 NHT 03082 b
 1    footage of space maintained by the district.
 2        Equalization grants shall  be  calculated  by  the  State
 3    Board by determining a local revenue factor for each district
 4    by:   (A)  adding  (1)  each  district's  Corporate  Personal
 5    Property  Replacement  Fund  allocations from the base fiscal
 6    year or the average of the base fiscal year and  prior  year,
 7    whichever  is  less,  divided  by  the  applicable  statewide
 8    average  tax rate to (2) the district's most recently audited
 9    year's equalized assessed valuation or  the  average  of  the
10    most recently audited year and prior year, whichever is less,
11    (B)   then  dividing  by  the  district's  audited  full-time
12    equivalent resident students for the base fiscal year or  the
13    average  for  the  base   fiscal  year and the 2 prior fiscal
14    years, whichever is greater, and (C) then multiplying by  the
15    applicable statewide average tax rate.  The State Board shall
16    calculate  a statewide weighted average threshold by applying
17    the  same  methodology  to  the  totals  of  all   districts'
18    Corporate Personal Property Tax Replacement Fund allocations,
19    equalized   assessed   valuations,   and   audited  full-time
20    equivalent district resident students and multiplying by  the
21    applicable   statewide  average  tax  rate.   The  difference
22    between the statewide  weighted  average  threshold  and  the
23    local  revenue  factor, multiplied by the number of full-time
24    equivalent resident students, shall determine the  amount  of
25    equalization  funding  that  each  district  is  eligible  to
26    receive.   A  percentage  factor,  as determined by the State
27    Board, may be applied to the statewide threshold as a  method
28    for  allocating equalization funding.  A minimum equalization
29    grant of an amount per district as determined  by  the  State
30    Board shall be established for any community college district
31    which  qualifies  for  an  equalization  grant based upon the
32    preceding criteria, but becomes ineligible  for  equalization
33    funding,  or  would  have  received  a grant of less than the
34    minimum  equalization  grant,  due  to  threshold  prorations
 
SB744 Enrolled             -54-      LRB093 03065 NHT 03082 b
 1    applied to reduce equalization funding. As of July 1, 2004, a
 2    community college district must maintain a  minimum  required
 3    combined  in-district  tuition  and  universal  fee  rate per
 4    semester credit  hour  equal  to  85%  of  the  State-average
 5    combined   rate,  as  determined  by  the  State  Board,  for
 6    equalization funding. As of July 1, 2004, a community college
 7    district must maintain a minimum required operating tax  rate
 8    equal  to  at least 95% of its maximum authorized tax rate to
 9    qualify for equalization funding. This 95% minimum  tax  rate
10    requirement  shall  be  based  upon the maximum operating tax
11    rate as limited by the Property Tax Extension Limitation Law.
12    As of July 1, 1997, community college districts must maintain
13    a minimum required  in-district  tuition  rate  per  semester
14    credit  hour  as  determined  by  the  State Board.  For each
15    fiscal year between July 1, 1997 and June 30, 2001, districts
16    not meeting the minimum required rate will be  subject  to  a
17    percent  reduction  of  equalization funding as determined by
18    the State Board.  As of July 1, 2001, districts must meet the
19    required minimum in-district  tuition  rate  to  qualify  for
20    equalization funding.
21        The State Board shall distribute such other grants as may
22    be authorized or appropriated by the General Assembly.
23        Each  community college district entitled to State grants
24    under this Section must submit a report of its enrollment  to
25    the  State  Board not later than 30 days following the end of
26    each semester, quarter, or term in a format prescribed by the
27    State Board.  These semester  credit  hours,  or  equivalent,
28    shall  be certified by each district on forms provided by the
29    State  Board.   Each  district's  certified  semester  credit
30    hours, or  equivalent,  are  subject  to  audit  pursuant  to
31    Section 3-22.1.
32        The State Board shall certify, prepare, and submit to the
33    State  Comptroller during August, November, February, and May
34    of each fiscal year vouchers setting forth an amount equal to
 
SB744 Enrolled             -55-      LRB093 03065 NHT 03082 b
 1    25% of the grants  approved  by  the  State  Board  for  base
 2    operating  grants  and  equalization grants.  The State Board
 3    shall prepare and submit to the  State  Comptroller  vouchers
 4    for  payments  of other grants as appropriated by the General
 5    Assembly.  If the amount appropriated for grants is different
 6    from the amount provided for such grants under this Act,  the
 7    grants   shall   be   proportionately  reduced  or  increased
 8    accordingly.
 9        For the purposes  of  this  Section,  "resident  student"
10    means a student in a community college district who maintains
11    residency   in   that   district  or  meets  other  residency
12    definitions established by  the  State  Board,  and  who  was
13    enrolled  either in one of the approved instructional program
14    categories in that district, or in another community  college
15    district  to  which the resident's district is paying tuition
16    under Section 6-2 or with which the resident's  district  has
17    entered into a cooperative agreement in lieu of such tuition.
18        For   the   purposes   of   this  Section,  a  "full-time
19    equivalent" student is equal to 30 semester credit hours.
20        The Illinois Community College Board Contracts and Grants
21    Fund is hereby created  in  the  State  Treasury.   Items  of
22    income  to  this  fund  shall  include  any  grants,  awards,
23    endowments,  or  like  proceeds, and where appropriate, other
24    funds made available  through  contracts  with  governmental,
25    public,   and  private  agencies  or  persons.   The  General
26    Assembly shall from time to time make appropriations  payable
27    from  such fund for the support, improvement, and expenses of
28    the State Board and Illinois community college districts.
29    (Source: P.A. 89-141, eff.  7-14-95;  89-281,  eff.  8-10-95;
30    89-473,  eff.  6-18-96;  89-626,  eff.  8-9-96;  90-468, eff.
31    8-17-97; 90-486, eff. 8-17-97; 90-497, eff. 8-18-97;  90-587,
32    eff.  8-7-98  (contingent upon 90-720); 90-655, eff. 7-30-98;
33    90-720, eff. 8-7-98.)
 
SB744 Enrolled             -56-      LRB093 03065 NHT 03082 b
 1        (110 ILCS 805/2-20 new)
 2        Sec. 2-20.  Deferred maintenance grants. For fiscal  year
 3    2004 only, the State Board shall award a deferred maintenance
 4    grant  only  to  a  district to which Article VII of this Act
 5    applies, for that district's  general  purposes.  This  grant
 6    shall  be  awarded  under  a  formula determined by the State
 7    Board.

 8        Section 10-20.  The Higher Education  Student  Assistance
 9    Act is amended by changing Section 52 as follows:

10        (110 ILCS 947/52)
11        Sec.  52.  Illinois  Future  Teacher Corps ITEACH Teacher
12    Shortage Scholarship Program.
13        (a)  In order to encourage academically talented Illinois
14    students, especially minority students,  to  pursue  teaching
15    careers,  especially  in  teacher shortage disciplines (which
16    shall be defined to include early childhood education) or  at
17    hard-to-staff  schools  (as  defined  by  the  Commission  in
18    consultation   with   the  State  Board  of  Education),  the
19    Commission   shall,   each   year,   receive   and   consider
20    applications for scholarship assistance under  this  Section.
21    An applicant is eligible for a scholarship under this Section
22    when the Commission finds that the applicant is:
23             (1)  a United States citizen or eligible noncitizen;
24             (2)  a resident of Illinois;
25             (3)  a  high  school  graduate  or  a person who has
26        received a General Educational Development Certificate;
27             (4)  enrolled or accepted for enrollment at or above
28        the junior level, on at least a half-time  basis,  at  an
29        Illinois institution of higher learning; and
30             (5)  pursuing   a   postsecondary  course  of  study
31        leading to initial certification in  a  teacher  shortage
32        discipline  or  pursuing additional course work needed to
 
SB744 Enrolled             -57-      LRB093 03065 NHT 03082 b
 1        gain  State  Board  of  Education  approval   to   teach,
 2        including   alternative   teacher  certification,  in  an
 3        approved specialized area in  which  a  teacher  shortage
 4        exists.
 5        (b)  Recipients  shall  be selected from among applicants
 6    qualified pursuant to subsection (a) based on  a  combination
 7    of the following criteria as set forth by the Commission: (1)
 8    academic  excellence;  (2)  status  as  a minority student as
 9    defined in Section 50; and (3)  financial  need.   Preference
10    may  be given to previous recipients of assistance under this
11    Section, provided they continue to maintain  eligibility  and
12    maintain  satisfactory academic progress as determined by the
13    institution  of  higher  learning  at  which   they   enroll.
14    Preference may also be given to qualified applicants enrolled
15    at or above the junior level.
16        (c)  Each scholarship awarded under this Section shall be
17    in  an amount sufficient to pay the tuition and fees and room
18    and  board  costs  of  the  Illinois  institution  of  higher
19    learning at which the recipient is enrolled, up to an  annual
20    maximum of $5,000; except that in the case of a recipient who
21    does  not  reside  on-campus  at  the  institution  of higher
22    learning at which he or she is enrolled, the  amount  of  the
23    scholarship  shall  be  sufficient  to  pay  tuition  and fee
24    expenses and a commuter allowance, up to an annual maximum of
25    $5,000. For recipients  who  agree  to  teach  in  a  teacher
26    shortage  discipline  or  at  a  hard-to-staff  school  under
27    subsection  (i)  of this Section, the Commission may, by rule
28    and subject to appropriation,  increase  the  annual  maximum
29    amount  to  $10,000. If a recipient agrees to teach in both a
30    teacher shortage discipline and  at  a  hard-to-staff  school
31    under  subsection  (i)  of  this  Section, the Commission may
32    increase the amount of the scholarship awarded by  up  to  an
33    additional $5,000.
34        (d)  The  total  amount of scholarship assistance awarded
 
SB744 Enrolled             -58-      LRB093 03065 NHT 03082 b
 1    by the Commission under this Section to an individual in  any
 2    given  fiscal  year, when added to other financial assistance
 3    awarded to that individual for that year,  shall  not  exceed
 4    the  cost of attendance at the institution of higher learning
 5    at which the student is enrolled.
 6        (e)  A recipient may receive up to 4 8 semesters or 6  12
 7    quarters of scholarship assistance under this Section.
 8        (f)  All  applications  for  scholarship assistance to be
 9    awarded under this Section shall be made to the Commission in
10    a  form  as  set  forth  by  the  Commission.   The  form  of
11    application and the information  required  to  be  set  forth
12    therein  shall  be  determined  by  the  Commission,  and the
13    Commission shall require eligible applicants to  submit  with
14    their   applications   such   supporting   documents  as  the
15    Commission deems necessary.
16        (g)  Subject to a separate appropriation  made  for  such
17    purposes,  payment  of  any  scholarship  awarded  under this
18    Section shall be determined by the Commission. There shall be
19    a separate appropriation made  for  scholarships  awarded  to
20    recipients   who   agree  to  teach  in  a  teacher  shortage
21    discipline or at a hard-to-staff school under subsection  (i)
22    of  this  Section.    The  Commission may use for scholarship
23    assistance under this Section (i) all funds appropriated  for
24    scholarships  under  this Section that were formerly known as
25    ITEACH Teacher  Shortage  Scholarships  and  (ii)  all  funds
26    appropriated for scholarships under Section 65.65 of this Act
27    (repealed   by  this  amendatory  Act  of  the  93rd  General
28    Assembly), formerly known as Illinois  Future  Teacher  Corps
29    Scholarships.
30        All scholarship funds distributed in accordance with this
31    Section  shall  be  paid  to the institution on behalf of the
32    recipients.   Scholarship  funds  are  applicable  toward   2
33    semesters  or  3  quarters  of  enrollment within an academic
34    year.
 
SB744 Enrolled             -59-      LRB093 03065 NHT 03082 b
 1        (h)  The Commission shall administer the  ITEACH  Teacher
 2    Shortage  scholarship program established by this Section and
 3    shall make all necessary and proper  rules  not  inconsistent
 4    with this Section for its effective implementation.
 5        (i)  Prior  to  receiving  scholarship assistance for any
 6    academic year, each recipient of a scholarship awarded  under
 7    this  Section  shall be required by the Commission to sign an
 8    agreement under which the recipient pledges that, within  the
 9    one-year  period  following  the  termination of the academic
10    program for which the recipient was  awarded  a  scholarship,
11    the recipient: (i) shall begin teaching in a teacher shortage
12    discipline for a period of not less than 5 years one year for
13    each  year  of  scholarship  assistance  awarded  under  this
14    Section,  (ii)  shall  fulfill  this teaching obligation at a
15    nonprofit Illinois public, private, or parochial preschool or
16    an Illinois public elementary or secondary school, and  (iii)
17    shall, upon request of the Commission, provide the Commission
18    with  evidence  that he or she is fulfilling or has fulfilled
19    the terms of the teaching  agreement  provided  for  in  this
20    subsection.
21        (j)  If  a  recipient of a scholarship awarded under this
22    Section fails to fulfill the teaching obligation set forth in
23    subsection (i) of this Section, the Commission shall  require
24    the  recipient  to  repay  the  amount  of  the  scholarships
25    received,  prorated according to the fraction of the teaching
26    obligation not completed, plus interest at a rate of  5%  and
27    if applicable, reasonable collection fees.  The Commission is
28    authorized  to  establish  rules  relating  to its collection
29    activities for repayment of scholarships under this  Section.
30    Payments received by the Commission under this subsection (j)
31    shall  be  remitted to the State Comptroller for deposit into
32    the General Revenue Fund,  except  that  that  portion  of  a
33    recipient's repayment that equals the amount in expenses that
34    the   Commission   has   reasonably  incurred  in  attempting
 
SB744 Enrolled             -60-      LRB093 03065 NHT 03082 b
 1    collection from that recipient shall be remitted to the State
 2    Comptroller  for  deposit  into  the  Commission's   Accounts
 3    Receivable Fund.
 4        (k)  A   recipient   of  a  scholarship  awarded  by  the
 5    Commission under this Section shall not be  in  violation  of
 6    the  agreement entered into pursuant to subsection (i) if the
 7    recipient (i) enrolls on a  full-time  basis  as  a  graduate
 8    student in a course of study related to the field of teaching
 9    at  an  institution  of higher learning; (ii) is serving as a
10    member of the armed services of the United States;  (iii)  is
11    temporarily   totally   disabled,  as  established  by  sworn
12    affidavit of a qualified physician; or (iv)  is  seeking  and
13    unable  to find full-time employment as a teacher at a school
14    that satisfies the criteria set forth in subsection  (i)  and
15    is able to provide evidence of that fact.  Any such extension
16    of  the  period during which the teaching requirement must be
17    fulfilled shall be subject  to  limitations  of  duration  as
18    established by the Commission.
19    (Source: P.A. 91-670, eff. 12-22-99; 92-845, eff. 1-1-03.)

20        Section  10-25.   The Illinois Vehicle Code is amended by
21    changing Section 3-648 as follows:

22        (625 ILCS 5/3-648)
23        Sec. 3-648.  Education license plates.
24        (a)  The Secretary, upon receipt of an  application  made
25    in  the  form  prescribed by the Secretary, may issue special
26    registration plates designated as Education  license  plates.
27    The special plates issued under this Section shall be affixed
28    only  to  passenger  vehicles of the first division and motor
29    vehicles of the second division weighing not more than  8,000
30    pounds.   Plates  issued  under  this  Section  shall  expire
31    according  to the multi-year procedure established by Section
32    3-414.1 of this Code.
 
SB744 Enrolled             -61-      LRB093 03065 NHT 03082 b
 1        (b)  The  design  and  color  of  the  plates  shall   be
 2    determined by a contest that every elementary school pupil in
 3    the  State  of  Illinois  is  eligible  to enter. The designs
 4    submitted for the contest shall be judged  on  September  30,
 5    2002, and the winning design shall be selected by a committee
 6    composed  of  the  Secretary, the Director of State Police, 2
 7    members of the Senate, one member chosen by the President  of
 8    the  Senate  and  one  member  chosen  by the Senate Minority
 9    Leader, and 2 members of the House  of  Representatives,  one
10    member  chosen  by  the  Speaker  of the House and one member
11    chosen by the House Minority Leader. The Secretary may  allow
12    the  plates  to  be  issued  as vanity or personalized plates
13    under Section 3-405.1  of  the  Code.   The  Secretary  shall
14    prescribe  stickers or decals as provided under Section 3-412
15    of this Code.
16        (c)  An applicant for the special plate shall be  charged
17    a   $40  fee  for  original  issuance,  in  addition  to  the
18    appropriate registration fee. Of this $40 additional original
19    issuance fee, $15 shall be deposited into  the  Secretary  of
20    State Special License Plate Fund, to be used by the Secretary
21    to  help  defray the administrative processing costs, and $25
22    shall be deposited into the  Illinois  Future  Teacher  Corps
23    Scholarship  Fund.    For each registration renewal period, a
24    $40 fee, in addition to  the  appropriate  registration  fee,
25    shall  be  charged.  Of  this  $40 additional renewal fee, $2
26    shall be  deposited  into  the  Secretary  of  State  Special
27    License  Plate  Fund  and  $38  shall  be  deposited into the
28    Illinois Future Teacher Corps Scholarship Fund.  Each  fiscal
29    year, once deposits from the additional original issuance and
30    renewal  fees  into  the  Secretary  of State Special License
31    Plate Fund have reached $500,000, all  the  amounts  received
32    for  the  additional  fees for the balance of the fiscal year
33    shall be deposited into the  Illinois  Future  Teacher  Corps
34    Scholarship Fund.
 
SB744 Enrolled             -62-      LRB093 03065 NHT 03082 b
 1        (d)  The  Illinois  Future Teacher Corps Scholarship Fund
 2    is  created  as  a  special  fund  in  the  State   treasury.
 3    Ninety-five  percent  of  the  moneys  in the Illinois Future
 4    Teacher Corps Scholarship Fund shall be appropriated  to  the
 5    Illinois Student Assistance Commission for scholarships under
 6    Section   52   or  65.65  of  the  Higher  Education  Student
 7    Assistance Act, and 5% of the moneys in the  Illinois  Future
 8    Teacher  Corps  Scholarship Fund shall be appropriated to the
 9    State Board of Education  for  grants  to  the  Golden  Apple
10    Foundation   for   Excellence   in   Teaching,  a  recognized
11    charitable organization that meets the requirements of  Title
12    26, Section 501(c)(3) of the United States Code.
13    (Source: P.A.  92-445,  eff.  8-17-01;  92-651, eff. 7-11-02;
14    92-845, eff. 1-1-03.)

15        (110 ILCS 947/65.65 rep.)
16        Section 10-30.  The Higher Education  Student  Assistance
17    Act is amended by repealing Section 65.65.

18                             Article 99

19        Section  99-99.  Effective date. This Act takes effect on
20    July 1, 2003.