093_SB1040eng

 
SB1040 Engrossed                     LRB093 10035 NHT 10286 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        Section  5.   The  School  Code  is  amended  by changing
 5    Section 18-8.05 as follows:

 6        (105 ILCS 5/18-8.05)
 7        Sec. 18-8.05.  Basis for apportionment of  general  State
 8    financial  aid  and  supplemental  general  State  aid to the
 9    common schools for the 1998-1999 and subsequent school years.

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

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

17    (C)  Average Daily Attendance.
18        (1)  For   purposes  of  calculating  general  State  aid
19    pursuant to  subsection  (E),  an  Average  Daily  Attendance
20    figure  shall  be  utilized.   The  Average  Daily Attendance
21    figure for formula calculation purposes shall be the  monthly
22    average  of the actual number of pupils in attendance of each
23    school district, as further averaged for the best 3 months of
24    pupil attendance for each school district.  In compiling  the
25    figures  for  the  number  of  pupils  in  attendance, school
26    districts  and  the  State  Board  of  Education  shall,  for
27    purposes of general State  aid  funding,  conform  attendance
28    figures to the requirements of subsection (F).
29        (2)  The  Average  Daily  Attendance  figures utilized in
30    subsection (E) shall be the requisite attendance data for the
31    school year immediately preceding the school year  for  which
32    general  State  aid is being calculated or the average of the
33    attendance data for the 3 preceding school  years,  whichever
34    is greater.  The Average Daily Attendance figures utilized in
 
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 1    subsection (H) shall be the requisite attendance data for the
 2    school  year  immediately preceding the school year for which
 3    general State aid is being calculated.

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

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

21    (F)  Compilation of Average Daily Attendance.
22        (1)  Each school district shall, by July 1 of each  year,
23    submit  to  the State Board of Education, on forms prescribed
24    by the State Board of Education, attendance figures  for  the
25    school  year  that began in the preceding calendar year.  The
26    attendance information  so  transmitted  shall  identify  the
27    average daily attendance figures for each month of the school
28    year.   Beginning  with  the general State aid claim form for
29    the 2002-2003 school year, districts shall calculate  Average
30    Daily  Attendance  as  provided in subdivisions (a), (b), and
31    (c) of this paragraph (1).
32             (a)  In  districts  that  do  not  hold   year-round
33        classes,  days  of attendance in August shall be added to
34        the month of September and any days of attendance in June
 
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 1        shall be added to the month of May.
 2             (b)  In  districts  in  which  all  buildings   hold
 3        year-round classes, days of attendance in July and August
 4        shall  be added to the month of September and any days of
 5        attendance in June shall be added to the month of May.
 6             (c)  In districts in which some buildings,  but  not
 7        all,  hold  year-round  classes,  for  the non-year-round
 8        buildings, days of attendance in August shall be added to
 9        the month of September and any days of attendance in June
10        shall be added to the month of  May.  The  average  daily
11        attendance for the year-round buildings shall be computed
12        as  provided in subdivision (b) of this paragraph (1). To
13        calculate the Average Daily Attendance for the  district,
14        the average daily attendance for the year-round buildings
15        shall  be  multiplied  by  the  days  in  session for the
16        non-year-round buildings for each month and added to  the
17        monthly attendance of the non-year-round buildings.
18        Except  as  otherwise  provided  in this Section, days of
19    attendance by pupils shall be counted only  for  sessions  of
20    not  less  than  5  clock  hours of school work per day under
21    direct supervision of: (i)  teachers,  or  (ii)  non-teaching
22    personnel   or   volunteer   personnel   when   engaging   in
23    non-teaching   duties  and  supervising  in  those  instances
24    specified in subsection (a) of Section 10-22.34 and paragraph
25    10 of Section 34-18, with pupils of legal school age  and  in
26    kindergarten and grades 1 through 12.
27        Days  of attendance by tuition pupils shall be accredited
28    only to the districts that pay the tuition  to  a  recognized
29    school.
30        (2)  Days  of  attendance  by pupils of less than 5 clock
31    hours of school shall be subject to the following  provisions
32    in the compilation of Average Daily Attendance.
33             (a)  Pupils  regularly  enrolled  in a public school
34        for only a part of the school day may be counted  on  the
 
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 1        basis  of  1/6 day for every class hour of instruction of
 2        40 minutes or more attended pursuant to such  enrollment,
 3        unless  a pupil is enrolled in a block-schedule format of
 4        80 minutes or more of  instruction,  in  which  case  the
 5        pupil  may  be  counted on the basis of the proportion of
 6        minutes of school work completed each day to the  minimum
 7        number of minutes that school work is required to be held
 8        that day.
 9             (b)  Days  of  attendance  may  be less than 5 clock
10        hours on the opening and closing of the school term,  and
11        upon  the first day of pupil attendance, if preceded by a
12        day  or  days  utilized  as  an  institute  or  teachers'
13        workshop.
14             (c)  A session of 4  or  more  clock  hours  may  be
15        counted  as a day of attendance upon certification by the
16        regional  superintendent,  and  approved  by  the   State
17        Superintendent  of  Education  to  the  extent  that  the
18        district has been forced to use daily multiple sessions.
19             (d)  A  session  of  3  or  more  clock hours may be
20        counted as a day of attendance (1) when the remainder  of
21        the school day or at least 2 hours in the evening of that
22        day  is  utilized  for an in-service training program for
23        teachers, up to a maximum of 5 days per  school  year  of
24        which  a maximum of 4 days of such 5 days may be used for
25        parent-teacher conferences, provided a district  conducts
26        an  in-service  training  program  for teachers which has
27        been approved by the State Superintendent  of  Education;
28        or,  in  lieu of 4 such days, 2 full days may be used, in
29        which event each such day may be  counted  as  a  day  of
30        attendance;  and  (2)  when  days  in  addition  to those
31        provided in item (1) are scheduled by a  school  pursuant
32        to  its  school improvement plan adopted under Article 34
33        or its revised or amended school improvement plan adopted
34        under Article 2, provided that (i) such sessions of 3  or
 
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 1        more  clock  hours  are  scheduled  to  occur  at regular
 2        intervals, (ii) the remainder of the school days in which
 3        such sessions occur are utilized for in-service  training
 4        programs   or  other  staff  development  activities  for
 5        teachers, and (iii) a sufficient  number  of  minutes  of
 6        school  work under the direct supervision of teachers are
 7        added to the school days between such regularly scheduled
 8        sessions to  accumulate  not  less  than  the  number  of
 9        minutes  by  which such sessions of 3 or more clock hours
10        fall short of 5 clock hours. Any full days used  for  the
11        purposes  of  this  paragraph shall not be considered for
12        computing average daily attendance.  Days  scheduled  for
13        in-service    training    programs,   staff   development
14        activities,  or   parent-teacher   conferences   may   be
15        scheduled  separately  for  different  grade  levels  and
16        different attendance centers of the district.
17             (e)  A  session  of  not less than one clock hour of
18        teaching hospitalized or homebound pupils on-site  or  by
19        telephone  to  the classroom may be counted as 1/2 day of
20        attendance, however these pupils must receive 4  or  more
21        clock  hours  of instruction to be counted for a full day
22        of attendance.
23             (f)  A session of at least  4  clock  hours  may  be
24        counted  as  a  day of attendance for first grade pupils,
25        and pupils in full day kindergartens, and a session of  2
26        or  more hours may be counted as 1/2 day of attendance by
27        pupils in kindergartens which provide  only  1/2  day  of
28        attendance.
29             (g)  For  children  with  disabilities who are below
30        the age of 6 years and who cannot attend 2 or more  clock
31        hours  because  of  their  disability  or  immaturity,  a
32        session of not less than one clock hour may be counted as
33        1/2  day  of  attendance; however for such children whose
34        educational needs so require a session of 4 or more clock
 
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 1        hours may be counted as a full day of attendance.
 2             (h)  A recognized kindergarten  which  provides  for
 3        only  1/2  day of attendance by each pupil shall not have
 4        more than 1/2 day of attendance counted in any  one  day.
 5        However, kindergartens may count 2 1/2 days of attendance
 6        in  any  5 consecutive school days.  When a pupil attends
 7        such a kindergarten for 2 half days  on  any  one  school
 8        day,  the  pupil  shall  have  the following day as a day
 9        absent from school, unless the  school  district  obtains
10        permission  in  writing  from the State Superintendent of
11        Education. Attendance at kindergartens which provide  for
12        a  full  day of attendance by each pupil shall be counted
13        the same as attendance by first grade  pupils.  Only  the
14        first  year  of  attendance  in one kindergarten shall be
15        counted, except in  case  of  children  who  entered  the
16        kindergarten   in  their  fifth  year  whose  educational
17        development requires a second  year  of  kindergarten  as
18        determined  under  the rules and regulations of the State
19        Board of Education.
20             (i)  On the days when the Prairie State  Achievement
21        Examination  is  administered  under  subsection  (c)  of
22        Section  2-3.64 of this Code, the day of attendance for a
23        pupil who is taking the examination or whose  school  day
24        must   be   shortened  to  accommodate  required  testing
25        procedures may be less than 5 clock hours, provided  that
26        a  sufficient  number of minutes of school work in excess
27        of 5 clock hours are completed on other  school  days  to
28        compensate for the loss of school work on the examination
29        days.  If  such  pupils  are required to miss one or more
30        entire  days  of  attendance  in  order  to   accommodate
31        required  testing  procedures,  those days may be counted
32        toward the pupils' 176 days of actual attendance required
33        under Section 10-19 of this  Code;  however,  the  school
34        district  may  not  count  these pupils in the district's
 
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 1        Average Daily Attendance computation for those days.

 2    (G)  Equalized Assessed Valuation Data.
 3        (1)  For purposes of the calculation of  Available  Local
 4    Resources  required  pursuant  to  subsection  (D), the State
 5    Board of  Education  shall  secure  from  the  Department  of
 6    Revenue  the value as equalized or assessed by the Department
 7    of Revenue of all taxable property of every school  district,
 8    together  with  (i) the applicable tax rate used in extending
 9    taxes for the funds of the district as of September 30 of the
10    previous year and (ii)  the  limiting  rate  for  all  school
11    districts  subject  to  property tax extension limitations as
12    imposed under the Property Tax Extension Limitation Law.
13        This equalized assessed valuation, as adjusted further by
14    the requirements of this subsection, shall be utilized in the
15    calculation of Available Local Resources.
16        (2)  The equalized assessed valuation  in  paragraph  (1)
17    shall be adjusted, as applicable, in the following manner:
18             (a)  For the purposes of calculating State aid under
19        this  Section,  with  respect  to  any  part  of a school
20        district within a redevelopment project area  in  respect
21        to   which  a  municipality  has  adopted  tax  increment
22        allocation  financing  pursuant  to  the  Tax   Increment
23        Allocation  Redevelopment Act, Sections 11-74.4-1 through
24        11-74.4-11  of  the  Illinois  Municipal  Code   or   the
25        Industrial  Jobs Recovery Law, Sections 11-74.6-1 through
26        11-74.6-50 of the Illinois Municipal Code, no part of the
27        current equalized assessed  valuation  of  real  property
28        located in any such project area which is attributable to
29        an  increase  above  the total initial equalized assessed
30        valuation of such property shall be used as part  of  the
31        equalized  assessed valuation of the district, until such
32        time as all redevelopment project costs have  been  paid,
33        as  provided  in  Section  11-74.4-8 of the Tax Increment
34        Allocation Redevelopment Act or in Section 11-74.6-35  of
 
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 1        the Industrial Jobs Recovery Law.  For the purpose of the
 2        equalized  assessed  valuation of the district, the total
 3        initial  equalized  assessed  valuation  or  the  current
 4        equalized assessed valuation, whichever is  lower,  shall
 5        be  used  until  such  time  as all redevelopment project
 6        costs have been paid.
 7             (b)  The real property equalized assessed  valuation
 8        for  a  school  district shall be adjusted by subtracting
 9        from the real property value as equalized or assessed  by
10        the  Department  of  Revenue  for  the district an amount
11        computed by dividing the amount of any abatement of taxes
12        under Section 18-170 of the Property Tax  Code  by  3.00%
13        for  a  district  maintaining grades kindergarten through
14        12,  by  2.30%  for   a   district   maintaining   grades
15        kindergarten  through  8,  or  by  1.05%  for  a district
16        maintaining grades 9 through 12 and adjusted by an amount
17        computed by dividing the amount of any abatement of taxes
18        under subsection (a) of Section 18-165  of  the  Property
19        Tax  Code  by the same percentage rates for district type
20        as specified in this subparagraph (b).
21        (3)  For the 1999-2000 school year and each  school  year
22    thereafter, if a school district meets all of the criteria of
23    this subsection (G)(3), the school district's Available Local
24    Resources  shall be calculated under subsection (D) using the
25    district's Extension Limitation Equalized Assessed  Valuation
26    as calculated under this subsection (G)(3).
27        For  purposes  of  this  subsection  (G)(3) the following
28    terms shall have the following meanings:
29             "Budget Year":  The school year  for  which  general
30        State aid is calculated and awarded under subsection (E).
31             "Base  Tax Year": The property tax levy year used to
32        calculate the Budget Year  allocation  of  general  State
33        aid.
34             "Preceding  Tax  Year":  The  property tax levy year
 
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 1        immediately preceding the Base Tax Year.
 2             "Base Tax Year's Tax Extension": The product of  the
 3        equalized assessed valuation utilized by the County Clerk
 4        in  the  Base Tax Year multiplied by the limiting rate as
 5        calculated  by  the  County  Clerk  and  defined  in  the
 6        Property Tax Extension Limitation Law.
 7             "Preceding Tax Year's Tax Extension": The product of
 8        the equalized assessed valuation utilized by  the  County
 9        Clerk  in  the  Preceding  Tax  Year  multiplied  by  the
10        Operating Tax Rate as defined in subsection (A).
11             "Extension  Limitation  Ratio":  A  numerical ratio,
12        certified by the County Clerk, in which the numerator  is
13        the  Base Tax Year's Tax Extension and the denominator is
14        the Preceding Tax Year's Tax Extension.
15             "Operating Tax Rate":  The  operating  tax  rate  as
16        defined in subsection (A).
17        If a school district is subject to property tax extension
18    limitations  as  imposed  under  the  Property  Tax Extension
19    Limitation Law, the State Board of Education shall  calculate
20    the Extension Limitation Equalized Assessed Valuation of that
21    district.   For  the  1999-2000  school  year,  the Extension
22    Limitation Equalized Assessed Valuation of a school  district
23    as  calculated by the State Board of Education shall be equal
24    to the product of  the  district's  1996  Equalized  Assessed
25    Valuation and the district's Extension Limitation Ratio.  For
26    the  2000-2001  school  year and each school year thereafter,
27    the Extension Limitation Equalized Assessed  Valuation  of  a
28    school district as calculated by the State Board of Education
29    shall  be  equal  to  the  product  of the Equalized Assessed
30    Valuation last used in the calculation of general  State  aid
31    and   the  district's  Extension  Limitation  Ratio.  If  the
32    Extension Limitation Equalized Assessed Valuation of a school
33    district as calculated under this subsection (G)(3)  is  less
34    than   the   district's   equalized   assessed  valuation  as
 
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 1    calculated pursuant to subsections (G)(1)  and  (G)(2),  then
 2    for  purposes of calculating the district's general State aid
 3    for  the  Budget  Year  pursuant  to  subsection  (E),   that
 4    Extension  Limitation  Equalized  Assessed Valuation shall be
 5    utilized  to  calculate  the   district's   Available   Local
 6    Resources under subsection (D).
 7        (4)  For  the  purposes  of calculating general State aid
 8    for the 1999-2000 school year  only,  if  a  school  district
 9    experienced   a   triennial  reassessment  on  the  equalized
10    assessed valuation used  in  calculating  its  general  State
11    financial  aid  apportionment  for the 1998-1999 school year,
12    the State Board of Education shall  calculate  the  Extension
13    Limitation  Equalized Assessed Valuation that would have been
14    used to calculate the district's 1998-1999 general State aid.
15    This amount shall equal the product of the equalized assessed
16    valuation  used  to  calculate  general  State  aid  for  the
17    1997-1998 school year and the district's Extension Limitation
18    Ratio.   If  the  Extension  Limitation  Equalized   Assessed
19    Valuation  of  the  school  district as calculated under this
20    paragraph (4) is less than the district's equalized  assessed
21    valuation  utilized  in  calculating the district's 1998-1999
22    general  State  aid  allocation,   then   for   purposes   of
23    calculating  the  district's  general  State  aid pursuant to
24    paragraph (5) of subsection (E),  that  Extension  Limitation
25    Equalized  Assessed  Valuation shall be utilized to calculate
26    the district's Available Local Resources.
27        (5)  For school districts  having  a  majority  of  their
28    equalized  assessed  valuation  in  any  county  except Cook,
29    DuPage, Kane, Lake,  McHenry,  or  Will,  if  the  amount  of
30    general  State  aid  allocated to the school district for the
31    1999-2000 school year under the provisions of subsection (E),
32    (H), and (J) of this Section  is  less  than  the  amount  of
33    general State aid allocated to the district for the 1998-1999
34    school  year  under these subsections, then the general State
 
SB1040 Engrossed            -16-     LRB093 10035 NHT 10286 b
 1    aid of the district for the 1999-2000 school year only  shall
 2    be  increased  by  the difference between these amounts.  The
 3    total payments made under this paragraph (5) shall not exceed
 4    $14,000,000.   Claims  shall  be  prorated  if  they   exceed
 5    $14,000,000.

 6    (H)  Supplemental General State Aid.
 7        (1)  In  addition  to  the  general  State  aid  a school
 8    district is allotted pursuant to subsection  (E),  qualifying
 9    school  districts  shall receive a grant, paid in conjunction
10    with  a  district's  payments  of  general  State  aid,   for
11    supplemental  general  State aid based upon the concentration
12    level of  children  from  low-income  households  within  the
13    school  district.  Supplemental State aid grants provided for
14    school districts under this subsection shall be  appropriated
15    for distribution to school districts as part of the same line
16    item  in  which  the  general  State  financial aid of school
17    districts is appropriated under this Section. For purposes of
18    this subsection, the term  "Low-Income  Concentration  Level"
19    shall  be  the  low-income eligible pupil count from the most
20    recently available federal  census  divided  by  the  Average
21    Daily Attendance of the school district. If, however, (i) the
22    percentage  decrease  from the 2 most recent federal censuses
23    in the low-income eligible  pupil  count  of  a  high  school
24    district  with fewer than 400 students exceeds by 75% or more
25    the percentage change in the total low-income eligible  pupil
26    count   of  contiguous  elementary  school  districts,  whose
27    boundaries are coterminous with the high school district,  or
28    (ii)  a  high school district within 2 counties and serving 5
29    elementary school districts, whose boundaries are coterminous
30    with the high school district, has a percentage decrease from
31    the 2 most recent federal censuses in the low-income eligible
32    pupil count and there is a percentage increase in  the  total
33    low-income   eligible  pupil  count  of  a  majority  of  the
34    elementary school districts in excess of 50% from the 2  most
 
SB1040 Engrossed            -17-     LRB093 10035 NHT 10286 b
 1    recent  federal  censuses,  then  the  high school district's
 2    low-income eligible pupil  count  from  the  earlier  federal
 3    census  shall  be  the number used as the low-income eligible
 4    pupil count for the high school  district,  for  purposes  of
 5    this  subsection (H).  The changes made to this paragraph (1)
 6    by Public Act 92-28 shall apply to supplemental general State
 7    aid grants paid in fiscal year 1999 and in each  fiscal  year
 8    thereafter  and to any State aid payments made in fiscal year
 9    1994 through fiscal year 1998 pursuant to subsection 1(n)  of
10    Section  18-8  of  this  Code  (which was repealed on July 1,
11    1998), and any high  school  district  that  is  affected  by
12    Public  Act  92-28  is  entitled  to  a  recomputation of its
13    supplemental general State aid grant or State aid paid in any
14    of those fiscal  years.   This  recomputation  shall  not  be
15    affected by any other funding.
16        (2)  Supplemental  general  State  aid  pursuant  to this
17    subsection  (H)  shall  be  provided  as  follows   for   the
18    1998-1999, 1999-2000, and 2000-2001 school years only:
19             (a)  For  any  school  district  with  a  Low Income
20        Concentration Level of at least 20% and  less  than  35%,
21        the grant for any school year shall be $800 multiplied by
22        the low income eligible pupil count.
23             (b)  For  any  school  district  with  a  Low Income
24        Concentration Level of at least 35% and  less  than  50%,
25        the  grant  for the 1998-1999 school year shall be $1,100
26        multiplied by the low income eligible pupil count.
27             (c)  For any  school  district  with  a  Low  Income
28        Concentration  Level  of  at least 50% and less than 60%,
29        the grant for the 1998-99 school  year  shall  be  $1,500
30        multiplied by the low income eligible pupil count.
31             (d)  For  any  school  district  with  a  Low Income
32        Concentration Level of 60% or more,  the  grant  for  the
33        1998-99 school year shall be $1,900 multiplied by the low
34        income eligible pupil count.
 
SB1040 Engrossed            -18-     LRB093 10035 NHT 10286 b
 1             (e)  For  the  1999-2000  school year, the per pupil
 2        amount specified  in  subparagraphs  (b),  (c),  and  (d)
 3        immediately  above  shall be increased to $1,243, $1,600,
 4        and $2,000, respectively.
 5             (f)  For the 2000-2001 school year,  the  per  pupil
 6        amounts  specified  in  subparagraphs  (b),  (c), and (d)
 7        immediately above shall be $1,273,  $1,640,  and  $2,050,
 8        respectively.
 9        (2.5)  Supplemental  general  State  aid pursuant to this
10    subsection (H) shall be provided as follows for the 2002-2003
11    school year and each school year thereafter:
12             (a)  For any  school  district  with  a  Low  Income
13        Concentration  Level of less than 10%, the grant for each
14        school year shall be $355 multiplied by  the  low  income
15        eligible pupil count.
16             (b)  For  any  school  district  with  a  Low Income
17        Concentration Level of at least 10% and  less  than  20%,
18        the  grant  for each school year shall be $675 multiplied
19        by the low income eligible pupil count.
20             (c)  For any  school  district  with  a  Low  Income
21        Concentration  Level  of  at least 20% and less than 35%,
22        the grant for each school year shall be $1,330 multiplied
23        by the low income eligible pupil count.
24             (d)  For any  school  district  with  a  Low  Income
25        Concentration  Level  of  at least 35% and less than 50%,
26        the grant for each school year shall be $1,362 multiplied
27        by the low income eligible pupil count.
28             (e)  For any  school  district  with  a  Low  Income
29        Concentration  Level  of  at least 50% and less than 60%,
30        the grant for each school year shall be $1,680 multiplied
31        by the low income eligible pupil count.
32             (f)  For any  school  district  with  a  Low  Income
33        Concentration  Level  of  60% or more, the grant for each
34        school year shall be $2,080 multiplied by the low  income
 
SB1040 Engrossed            -19-     LRB093 10035 NHT 10286 b
 1        eligible pupil count.
 2        (3)  School districts with an Average Daily Attendance of
 3    more  than  1,000  and  less  than  50,000  that  qualify for
 4    supplemental general State aid pursuant  to  this  subsection
 5    shall  submit a plan to the State Board of Education prior to
 6    October 30 of each year for the use of  the  funds  resulting
 7    from  this  grant  of  supplemental general State aid for the
 8    improvement of instruction in  which  priority  is  given  to
 9    meeting  the education needs of disadvantaged children.  Such
10    plan  shall  be  submitted  in  accordance  with  rules   and
11    regulations promulgated by the State Board of Education.
12        (4)  School districts with an Average Daily Attendance of
13    50,000  or  more  that qualify for supplemental general State
14    aid  pursuant  to  this  subsection  shall  be  required   to
15    distribute  from funds available pursuant to this Section, no
16    less than  $261,000,000  in  accordance  with  the  following
17    requirements:
18             (a)  The  required  amounts  shall be distributed to
19        the attendance centers within the district in  proportion
20        to  the  number  of  pupils  enrolled  at each attendance
21        center who are eligible to receive free or  reduced-price
22        lunches  or  breakfasts under the federal Child Nutrition
23        Act of 1966 and  under  the  National  School  Lunch  Act
24        during the immediately preceding school year.
25             (b)  The   distribution   of   these   portions   of
26        supplemental  and  general  State  aid  among  attendance
27        centers  according  to  these  requirements  shall not be
28        compensated for or  contravened  by  adjustments  of  the
29        total  of  other  funds  appropriated  to  any attendance
30        centers, and the Board of Education shall utilize funding
31        from one or several sources in order to  fully  implement
32        this provision annually prior to the opening of school.
33             (c)  Each attendance center shall be provided by the
34        school  district  a  distribution of noncategorical funds
 
SB1040 Engrossed            -20-     LRB093 10035 NHT 10286 b
 1        and other categorical funds to which an attendance center
 2        is entitled under law in order that the general State aid
 3        and  supplemental   general   State   aid   provided   by
 4        application  of  this  subsection supplements rather than
 5        supplants the noncategorical funds and other  categorical
 6        funds  provided  by the school district to the attendance
 7        centers.
 8             (d)  Any funds made available under this  subsection
 9        that  by  reason of the provisions of this subsection are
10        not required to be allocated and provided  to  attendance
11        centers  may be used and appropriated by the board of the
12        district for any lawful school purpose.
13             (e)  Funds received by an attendance center pursuant
14        to this subsection shall be used by the attendance center
15        at the discretion  of  the  principal  and  local  school
16        council for programs to improve educational opportunities
17        at  qualifying schools through the following programs and
18        services: early childhood education, reduced  class  size
19        or  improved adult to student classroom ratio, enrichment
20        programs, remedial  assistance,  attendance  improvement,
21        and  other  educationally  beneficial  expenditures which
22        supplement the regular and basic programs  as  determined
23        by the State Board of Education. Funds provided shall not
24        be  expended  for  any  political or lobbying purposes as
25        defined by board rule.
26             (f)  Each district subject to the provisions of this
27        subdivision (H)(4) shall submit  an  acceptable  plan  to
28        meet  the educational needs of disadvantaged children, in
29        compliance with the requirements of  this  paragraph,  to
30        the  State  Board  of  Education prior to July 15 of each
31        year. This plan shall be consistent with the decisions of
32        local school councils concerning the  school  expenditure
33        plans  developed  in  accordance  with  part 4 of Section
34        34-2.3.  The State Board shall approve or reject the plan
 
SB1040 Engrossed            -21-     LRB093 10035 NHT 10286 b
 1        within 60 days after its  submission.   If  the  plan  is
 2        rejected,  the  district  shall  give  written  notice of
 3        intent  to  modify  the  plan  within  15  days  of   the
 4        notification of rejection and then submit a modified plan
 5        within  30  days  after the date of the written notice of
 6        intent to modify.  Districts  may  amend  approved  plans
 7        pursuant  to  rules  promulgated  by  the  State Board of
 8        Education.
 9             Upon notification by the State  Board  of  Education
10        that  the district has not submitted a plan prior to July
11        15 or a modified plan within the  time  period  specified
12        herein,  the  State  aid  funds  affected by that plan or
13        modified plan shall be withheld by  the  State  Board  of
14        Education until a plan or modified plan is submitted.
15             If  the  district  fails  to distribute State aid to
16        attendance centers in accordance with an  approved  plan,
17        the  plan for the following year shall allocate funds, in
18        addition  to  the  funds  otherwise  required   by   this
19        subsection,   to  those  attendance  centers  which  were
20        underfunded during the previous year in amounts equal  to
21        such underfunding.
22             For  purposes  of  determining  compliance with this
23        subsection in relation to the requirements of  attendance
24        center  funding,  each district subject to the provisions
25        of this subsection shall submit as a separate document by
26        December 1 of each year a report of expenditure data  for
27        the  prior  year  in  addition to any modification of its
28        current plan.  If it is determined that there has been  a
29        failure to comply with the expenditure provisions of this
30        subsection  regarding  contravention  or supplanting, the
31        State Superintendent of Education shall, within  60  days
32        of  receipt  of  the  report, notify the district and any
33        affected local school council.  The district shall within
34        45 days of receipt of that notification inform the  State
 
SB1040 Engrossed            -22-     LRB093 10035 NHT 10286 b
 1        Superintendent of Education of the remedial or corrective
 2        action  to be taken, whether  by amendment of the current
 3        plan, if feasible, or by adjustment in the plan  for  the
 4        following  year.   Failure  to  provide  the  expenditure
 5        report  or  the  notification  of  remedial or corrective
 6        action in a timely manner shall result in  a  withholding
 7        of the affected funds.
 8             The  State Board of Education shall promulgate rules
 9        and regulations  to  implement  the  provisions  of  this
10        subsection.   No  funds  shall  be  released  under  this
11        subdivision (H)(4) to any district that has not submitted
12        a  plan  that  has  been  approved  by the State Board of
13        Education.

14    (I)  General State Aid for Newly Configured School Districts.
15        (1)  For  a  new  school  district  formed  by  combining
16    property  included  totally  within  2  or  more   previously
17    existing  school  districts,  for its first year of existence
18    the general State aid  and  supplemental  general  State  aid
19    calculated  under  this Section shall be computed for the new
20    district and for the previously existing districts for  which
21    property is totally included within the new district.  If the
22    computation on the basis of the previously existing districts
23    is  greater,  a supplementary payment equal to the difference
24    shall be made for the first 4 years of existence of  the  new
25    district.
26        (2)  For  a  school  district  which  annexes  all of the
27    territory of one or more entire other school  districts,  for
28    the   first  year  during  which  the  change  of  boundaries
29    attributable to such annexation  becomes  effective  for  all
30    purposes as determined under Section 7-9 or 7A-8, the general
31    State aid and supplemental general State aid calculated under
32    this  Section  shall be computed for the annexing district as
33    constituted after the annexation and  for  the  annexing  and
34    each annexed district as constituted prior to the annexation;
 
SB1040 Engrossed            -23-     LRB093 10035 NHT 10286 b
 1    and  if  the  computation  on  the  basis of the annexing and
 2    annexed districts as constituted prior to the  annexation  is
 3    greater,  a  supplementary  payment  equal  to the difference
 4    shall be made for the first  4  years  of  existence  of  the
 5    annexing school district as constituted upon such annexation.
 6        (3)  For  2  or  more school districts which annex all of
 7    the territory of one or more entire other  school  districts,
 8    and  for 2 or more community unit districts which result upon
 9    the division (pursuant to petition under  Section  11A-2)  of
10    one  or more other unit school districts into 2 or more parts
11    and which together include all of the parts into  which  such
12    other  unit  school district or districts are so divided, for
13    the  first  year  during  which  the  change  of   boundaries
14    attributable to such annexation or division becomes effective
15    for  all  purposes as determined under Section 7-9 or 11A-10,
16    as the case may be, the general State  aid  and  supplemental
17    general  State  aid  calculated  under  this Section shall be
18    computed  for  each  annexing  or   resulting   district   as
19    constituted  after  the  annexation  or division and for each
20    annexing and annexed district,  or  for  each  resulting  and
21    divided  district,  as constituted prior to the annexation or
22    division; and if the aggregate of the general State  aid  and
23    supplemental  general  State  aid  as  so  computed  for  the
24    annexing  or  resulting  districts  as  constituted after the
25    annexation or division is less  than  the  aggregate  of  the
26    general  State  aid  and supplemental general State aid as so
27    computed for the annexing and annexed districts, or  for  the
28    resulting  and divided districts, as constituted prior to the
29    annexation or division, then a supplementary payment equal to
30    the difference shall be made and allocated between  or  among
31    the annexing or resulting districts, as constituted upon such
32    annexation  or  division,  for  the  first  4  years of their
33    existence.  The total difference payment shall  be  allocated
34    between  or  among the annexing or resulting districts in the
 
SB1040 Engrossed            -24-     LRB093 10035 NHT 10286 b
 1    same ratio as the pupil enrollment from that portion  of  the
 2    annexed  or divided district or districts which is annexed to
 3    or included in each such annexing or resulting district bears
 4    to the total pupil enrollment  from  the  entire  annexed  or
 5    divided  district  or  districts, as such pupil enrollment is
 6    determined for the school year last ending prior to the  date
 7    when  the change of boundaries attributable to the annexation
 8    or division becomes effective for all purposes.   The  amount
 9    of  the total difference payment and the amount thereof to be
10    allocated to the annexing or  resulting  districts  shall  be
11    computed  by  the  State  Board  of Education on the basis of
12    pupil enrollment and other data which shall be  certified  to
13    the State Board of Education, on forms which it shall provide
14    for  that  purpose, by the regional superintendent of schools
15    for each educational service region in which the annexing and
16    annexed districts, or resulting  and  divided  districts  are
17    located.
18        (3.5)  Claims   for   financial   assistance  under  this
19    subsection (I) shall not be recomputed  except  as  expressly
20    provided under this Section.
21        (4)  Any supplementary payment made under this subsection
22    (I) shall be treated as separate from all other payments made
23    pursuant to this Section.

24    (J)  Supplementary Grants in Aid.
25        (1)  Notwithstanding   any   other   provisions  of  this
26    Section, the amount of the aggregate  general  State  aid  in
27    combination  with  supplemental  general State aid under this
28    Section for which each school district is eligible  shall  be
29    no  less  than  the amount of the aggregate general State aid
30    entitlement that was received by the district  under  Section
31    18-8  (exclusive  of  amounts received under subsections 5(p)
32    and 5(p-5) of that Section)  for  the  1997-98  school  year,
33    pursuant  to the provisions of that Section as it was then in
34    effect.  If  a  school  district  qualifies  to   receive   a
 
SB1040 Engrossed            -25-     LRB093 10035 NHT 10286 b
 1    supplementary  payment  made  under  this subsection (J), the
 2    amount of the aggregate general State aid in combination with
 3    supplemental general State aid under this Section which  that
 4    district is eligible to receive for each school year shall be
 5    no  less  than  the amount of the aggregate general State aid
 6    entitlement that was received by the district  under  Section
 7    18-8  (exclusive  of  amounts received under subsections 5(p)
 8    and 5(p-5) of that Section) for the  1997-1998  school  year,
 9    pursuant  to the provisions of that Section as it was then in
10    effect.
11        (2)  If, as provided in paragraph (1) of this  subsection
12    (J),  a school district is to receive aggregate general State
13    aid in combination with supplemental general State aid  under
14    this  Section  for the 1998-99 school year and any subsequent
15    school year that in any such school year  is  less  than  the
16    amount  of  the  aggregate general State aid entitlement that
17    the district received for the 1997-98 school year, the school
18    district shall also receive, from  a  separate  appropriation
19    made  for  purposes  of  this subsection (J), a supplementary
20    payment that is equal to the amount of the difference in  the
21    aggregate State aid figures as described in paragraph (1).
22        (3)  (Blank).

23    (K)  Grants to Laboratory and Alternative Schools.
24        In  calculating  the  amount  to be paid to the governing
25    board of a  public  university  that  operates  a  laboratory
26    school  under  this Section or to any alternative school that
27    is operated by a  regional  superintendent  of  schools,  the
28    State Board of Education shall require by rule such reporting
29    requirements as it deems necessary.
30        As  used  in  this  Section,  "laboratory school" means a
31    public school which is  created  and  operated  by  a  public
32    university and approved by the State Board of Education.  The
33    governing  board  of a public university which receives funds
34    from the State  Board  under  this  subsection  (K)  may  not
 
SB1040 Engrossed            -26-     LRB093 10035 NHT 10286 b
 1    increase  the  number  of students enrolled in its laboratory
 2    school from a single district, if that  district  is  already
 3    sending  50 or more students, except under a mutual agreement
 4    between the school board of a student's district of residence
 5    and the university which operates the laboratory  school.   A
 6    laboratory  school  may  not  have  more than 1,000 students,
 7    excluding students with disabilities in a  special  education
 8    program.
 9        As  used  in  this  Section, "alternative school" means a
10    public school which is created and  operated  by  a  Regional
11    Superintendent  of Schools and approved by the State Board of
12    Education.  Such alternative schools  may  offer  courses  of
13    instruction  for  which  credit  is  given  in regular school
14    programs, courses to prepare students  for  the  high  school
15    equivalency  testing  program  or vocational and occupational
16    training.   A regional superintendent of schools may contract
17    with a school district or a public community college district
18    to operate an  alternative  school.   An  alternative  school
19    serving  more  than  one  educational  service  region may be
20    established by the regional superintendents of schools of the
21    affected educational service regions.  An alternative  school
22    serving  more  than  one  educational  service  region may be
23    operated under such terms as the regional superintendents  of
24    schools of those educational service regions may agree.
25        Each  laboratory  and  alternative  school shall file, on
26    forms provided by the State Superintendent of  Education,  an
27    annual  State  aid  claim  which  states  the  Average  Daily
28    Attendance  of  the  school's  students by month.  The best 3
29    months' Average Daily Attendance shall be computed  for  each
30    school.  The  general State aid entitlement shall be computed
31    by multiplying the applicable Average Daily Attendance by the
32    Foundation Level as determined under this Section.

33    (L)  Payments,   Additional   Grants   in   Aid   and   Other
34    Requirements.
 
SB1040 Engrossed            -27-     LRB093 10035 NHT 10286 b
 1        (1)  For a school district operating under the  financial
 2    supervision  of  an  Authority created under Article 34A, the
 3    general State aid otherwise payable to  that  district  under
 4    this  Section,  but  not  the supplemental general State aid,
 5    shall be reduced by an amount equal to  the  budget  for  the
 6    operations  of the Authority as certified by the Authority to
 7    the State Board of Education, and an  amount  equal  to  such
 8    reduction  shall  be  paid  to the Authority created for such
 9    district for its operating expenses in the manner provided in
10    Section 18-11.  The remainder of general State school aid for
11    any such district shall be paid in  accordance  with  Article
12    34A  when  that Article provides for a disposition other than
13    that provided by this Article.
14        (2)  (Blank).
15        (3)  Summer school.  Summer school payments shall be made
16    as provided in Section 18-4.3.

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

12    (N)  (Blank).

13    (O)  References.
14        (1)  References in other laws to the various subdivisions
15    of Section 18-8 as that Section existed before its repeal and
16    replacement by this Section 18-8.05 shall be deemed to  refer
17    to  the  corresponding provisions of this Section 18-8.05, to
18    the extent that those references remain applicable.
19        (2)  References in other laws to State  Chapter  1  funds
20    shall  be  deemed  to refer to the supplemental general State
21    aid provided under subsection (H) of this Section.
22    (Source: P.A. 91-24, eff. 7-1-99; 91-93, eff. 7-9-99;  91-96,
23    eff.  7-9-99;  91-111,  eff.  7-14-99;  91-357, eff. 7-29-99;
24    91-533,  eff.  8-13-99;  92-7,  eff.  6-29-01;  92-16,   eff.
25    6-28-01; 92-28, eff. 7-1-01; 92-29, eff. 7-1-01; 92-269, eff.
26    8-7-01;  92-604,  eff.  7-1-02; 92-636, eff. 7-11-02; 92-651,
27    eff. 7-11-02; revised 7-26-02.)

28        Section 99.  Effective date.  This Act  takes  effect  on
29    July 1, 2003.