97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3223

 

Introduced 2/24/2011, by Rep. Darlene J. Senger

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-29
105 ILCS 5/18-8.05

    Amends the School Code. Requires that the adopted school board policy concerning a remote educational program include the school term for the program, which may vary from the regular school term of the school district and during which term instructional time may occur on any calendar day. Provides that the school term for a program need not specify the days of pupil attendance, provided that the planned instructional time for students enrolled in the program must not be less than the planned instructional time for other students in the district. Provides that during the period of the calendar year included within the school term of the program (instead of the regular school term of the district), participation in a program may be claimed for general State aid purposes on any calendar day (instead of only on days of pupil attendance or institute days included within the district's calendar). Provides that outside of the school term of the program (instead of the regular school term of the district), the program may be offered as part of a summer school program. Provides that clock hours of instruction (instead of days of attendance) by program students may be claimed by the district and shall be counted as school work for general State aid purposes. Amends the State aid formula provisions with respect to the compilation of average daily attendance. Provides that pupils enrolled in a remote educational program may be counted on the basis of one-fifth for every clock hour of instruction attended in the program, provided that a district may not claim more days of attendance in a single school term for a student enrolled in a program than the days of attendance included in the regular school term of the district. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3223LRB097 08887 NHT 49017 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
510-29 and 18-8.05 as follows:
 
6    (105 ILCS 5/10-29)
7    Sec. 10-29. Remote educational programs.
8    (a) For purposes of this Section, "remote educational
9program" means an educational program delivered to students in
10the home or other location outside of a school building that
11meets all of the following criteria:
12        (1) A student may participate in the program only after
13    the school district, pursuant to adopted school board
14    policy, and a person authorized to enroll the student under
15    Section 10-20.12b of this Code determine that a remote
16    educational program will best serve the student's
17    individual learning needs. The adopted school board policy
18    shall include, but not be limited to, all of the following:
19            (A) Criteria for determining that a remote
20        educational program will best serve a student's
21        individual learning needs. The criteria must include
22        consideration of, at a minimum, a student's prior
23        attendance, disciplinary record, and academic history.

 

 

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1            (B) Any limitations on the number of students or
2        grade levels that may participate in a remote
3        educational program.
4            (C) A description of the process that the school
5        district will use to approve participation in the
6        remote educational program. The process must include
7        without limitation a requirement that, for any student
8        who qualifies to receive services pursuant to the
9        federal Individuals with Disabilities Education
10        Improvement Act of 2004, the student's participation
11        in a remote educational program receive prior approval
12        from the student's individualized education program
13        team.
14            (D) A description of the process the school
15        district will use to develop and approve a written
16        remote educational plan that meets the requirements of
17        subdivision (5) of this subsection (a).
18            (E) A description of the system the school district
19        will establish to calculate the number of clock hours a
20        student is participating in instruction in accordance
21        with the remote educational program.
22            (F) A description of the process for renewing a
23        remote educational program at the expiration of its
24        term.
25            (F-5) The school term for the remote educational
26        program, which may vary from the regular school term of

 

 

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1        the school district established pursuant to Section
2        10-19 of this Code and during which term instructional
3        time may occur on any calendar day. The school term for
4        a remote educational program need not specify the days
5        of pupil attendance, provided that the planned
6        instructional time for students enrolled in the remote
7        educational program must not be less than the planned
8        instructional time for other students in the district.
9            (G) Such other terms and provisions as the school
10        district deems necessary to provide for the
11        establishment and delivery of a remote educational
12        program.
13        (2) The school district has determined that the remote
14    educational program's curriculum is aligned to State
15    learning standards and that the program offers instruction
16    and educational experiences consistent with those given to
17    students at the same grade level in the district.
18        (3) The remote educational program is delivered by
19    instructors that meet the following qualifications:
20            (A) they are certificated under Article 21 of this
21        Code;
22            (B) they meet applicable highly qualified criteria
23        under the federal No Child Left Behind Act of 2001; and
24            (C) they have responsibility for all of the
25        following elements of the program: planning
26        instruction, diagnosing learning needs, prescribing

 

 

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1        content delivery through class activities, assessing
2        learning, reporting outcomes to administrators and
3        parents and guardians, and evaluating the effects of
4        instruction.
5        (4) During the period of the calendar year included
6    within the regular school term of the remote educational
7    program school district, participation in a remote
8    educational program may be claimed for general State aid
9    purposes under Section 18-8.05 of this Code on any calendar
10    day only on days of pupil attendance or institute days
11    included within the school district's calendar established
12    pursuant to Section 10-19 of this Code. Outside of the
13    regular school term of the remote educational program
14    district, the remote educational program may be offered as
15    part of any summer school program authorized by this Code.
16        (5) Each student participating in a remote educational
17    program must have a written remote educational plan that
18    has been approved by the school district and a person
19    authorized to enroll the student under Section 10-20.12b of
20    this Code. The school district and a person authorized to
21    enroll the student under Section 10-20.12b of this Code
22    must approve any amendment to a remote educational plan.
23    The remote educational plan must include, but is not
24    limited to, all of the following:
25            (A) Specific achievement goals for the student
26        aligned to State learning standards.

 

 

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1            (B) A description of all assessments that will be
2        used to measure student progress, which description
3        shall indicate the assessments that will be
4        administered at an attendance center within the school
5        district.
6            (C) A description of the progress reports that will
7        be provided to the school district and the person or
8        persons authorized to enroll the student under Section
9        10-20.12b of this Code.
10            (D) Expectations, processes, and schedules for
11        interaction between a teacher and student.
12            (E) A description of the specific responsibilities
13        of the student's family and the school district with
14        respect to equipment, materials, phone and Internet
15        service, and any other requirements applicable to the
16        home or other location outside of a school building
17        necessary for the delivery of the remote educational
18        program.
19            (F) If applicable, a description of how the remote
20        educational program will be delivered in a manner
21        consistent with the student's individualized education
22        program required by Section 614(d) of the federal
23        Individuals with Disabilities Education Improvement
24        Act of 2004 or plan to ensure compliance with Section
25        504 of the federal Rehabilitation Act of 1973.
26            (G) A description of the procedures and

 

 

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1        opportunities for participation in academic and
2        extra-curricular activities and programs within the
3        school district.
4            (H) The identification of a parent, guardian, or
5        other responsible adult who will provide direct
6        supervision of the program. The plan must include an
7        acknowledgment by the parent, guardian, or other
8        responsible adult that he or she may engage only in
9        non-teaching duties not requiring instructional
10        judgment or the evaluation of a student. The plan shall
11        designate the parent, guardian, or other responsible
12        adult as non-teaching personnel or volunteer personnel
13        under subsection (a) of Section 10-22.34 of this Code.
14            (I) The identification of a school district
15        administrator who will oversee the remote educational
16        program on behalf of the school district and who may be
17        contacted by the student's parents with respect to any
18        issues or concerns with the program.
19            (J) The term of the student's participation in the
20        remote educational program, which may not extend for
21        longer than 12 months, unless the term is renewed by
22        the district in accordance with subdivision (7) of this
23        subsection (a).
24            (K) A description of the specific location or
25        locations in which the program will be delivered. If
26        the remote educational program is to be delivered to a

 

 

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1        student in any location other than the student's home,
2        the plan must include a written determination by the
3        school district that the location will provide a
4        learning environment appropriate for the delivery of
5        the program. The location or locations in which the
6        program will be delivered shall be deemed a long
7        distance teaching reception area under subsection (a)
8        of Section 10-22.34 of this Code.
9            (L) Certification by the school district that the
10        plan meets all other requirements of this Section.
11        (6) Students participating in a remote educational
12    program must be enrolled in a school district attendance
13    center pursuant to the school district's enrollment policy
14    or policies. A student participating in a remote
15    educational program must be tested as part of all
16    assessments administered by the school district pursuant
17    to Section 2-3.64 of this Code at the attendance center in
18    which the student is enrolled and in accordance with the
19    attendance center's assessment policies and schedule. The
20    student must be included within all adequate yearly
21    progress and other accountability determinations for the
22    school district and attendance center under State and
23    federal law.
24        (7) The term of a student's participation in a remote
25    educational program may not extend for longer than 12
26    months, unless the term is renewed by the school district.

 

 

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1    The district may only renew a student's participation in a
2    remote educational program following an evaluation of the
3    student's progress in the program, a determination that the
4    student's continuation in the program will best serve the
5    student's individual learning needs, and an amendment to
6    the student's written remote educational plan addressing
7    any changes for the upcoming term of the program.
8    (b) A school district may, by resolution of its school
9board, establish a remote educational program.
10    (c) Clock hours of instruction Days of attendance by
11students in a remote educational program meeting the
12requirements of this Section may be claimed by the school
13district and shall be counted as school work for general State
14aid purposes in accordance with and subject to the limitations
15of Section 18-8.05 of this Code.
16    (d) The impact of remote educational programs on wages,
17hours, and terms and conditions of employment of educational
18employees within the school district shall be subject to local
19collective bargaining agreements.
20    (e) The use of a home or other location outside of a school
21building for a remote educational program shall not cause the
22home or other location to be deemed a public school facility.
23    (f) A remote educational program may be used, but is not
24required, for instruction delivered to a student in the home or
25other location outside of a school building that is not claimed
26for general State aid purposes under Section 18-8.05 of this

 

 

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1Code.
2    (g) School districts that, pursuant to this Section, adopt
3a policy for a remote educational program must submit to the
4State Board of Education a copy of the policy and any
5amendments thereto, as well as data on student participation in
6a format specified by the State Board of Education. The State
7Board of Education may perform or contract with an outside
8entity to perform an evaluation of remote educational programs
9in this State.
10    (h) The State Board of Education may adopt any rules
11necessary to ensure compliance by remote educational programs
12with the requirements of this Section and other applicable
13legal requirements.
14(Source: P.A. 96-684, eff. 8-25-09.)
 
15    (105 ILCS 5/18-8.05)
16    Sec. 18-8.05. Basis for apportionment of general State
17financial aid and supplemental general State aid to the common
18schools for the 1998-1999 and subsequent school years.
 
19(A) General Provisions.
20    (1) The provisions of this Section apply to the 1998-1999
21and subsequent school years. The system of general State
22financial aid provided for in this Section is designed to
23assure that, through a combination of State financial aid and
24required local resources, the financial support provided each

 

 

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1pupil in Average Daily Attendance equals or exceeds a
2prescribed per pupil Foundation Level. This formula approach
3imputes a level of per pupil Available Local Resources and
4provides for the basis to calculate a per pupil level of
5general State financial aid that, when added to Available Local
6Resources, equals or exceeds the Foundation Level. The amount
7of per pupil general State financial aid for school districts,
8in general, varies in inverse relation to Available Local
9Resources. Per pupil amounts are based upon each school
10district's Average Daily Attendance as that term is defined in
11this Section.
12    (2) In addition to general State financial aid, school
13districts with specified levels or concentrations of pupils
14from low income households are eligible to receive supplemental
15general State financial aid grants as provided pursuant to
16subsection (H). The supplemental State aid grants provided for
17school districts under subsection (H) shall be appropriated for
18distribution to school districts as part of the same line item
19in which the general State financial aid of school districts is
20appropriated under this Section.
21    (3) To receive financial assistance under this Section,
22school districts are required to file claims with the State
23Board of Education, subject to the following requirements:
24        (a) Any school district which fails for any given
25    school year to maintain school as required by law, or to
26    maintain a recognized school is not eligible to file for

 

 

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

 

 

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

 

 

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1(B) Foundation Level.
2    (1) The Foundation Level is a figure established by the
3State representing the minimum level of per pupil financial
4support that should be available to provide for the basic
5education of each pupil in Average Daily Attendance. As set
6forth in this Section, each school district is assumed to exert
7a sufficient local taxing effort such that, in combination with
8the aggregate of general State financial aid provided the
9district, an aggregate of State and local resources are
10available to meet the basic education needs of pupils in the
11district.
12    (2) For the 1998-1999 school year, the Foundation Level of
13support is $4,225. For the 1999-2000 school year, the
14Foundation Level of support is $4,325. For the 2000-2001 school
15year, the Foundation Level of support is $4,425. For the
162001-2002 school year and 2002-2003 school year, the Foundation
17Level of support is $4,560. For the 2003-2004 school year, the
18Foundation Level of support is $4,810. For the 2004-2005 school
19year, the Foundation Level of support is $4,964. For the
202005-2006 school year, the Foundation Level of support is
21$5,164. For the 2006-2007 school year, the Foundation Level of
22support is $5,334. For the 2007-2008 school year, the
23Foundation Level of support is $5,734. For the 2008-2009 school
24year, the Foundation Level of support is $5,959.
25    (3) For the 2009-2010 school year and each school year

 

 

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

 

 

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1(D) Available Local Resources.
2    (1) For purposes of calculating general State aid pursuant
3to subsection (E), a representation of Available Local
4Resources per pupil, as that term is defined and determined in
5this subsection, shall be utilized. Available Local Resources
6per pupil shall include a calculated dollar amount representing
7local school district revenues from local property taxes and
8from Corporate Personal Property Replacement Taxes, expressed
9on the basis of pupils in Average Daily Attendance. Calculation
10of Available Local Resources shall exclude any tax amnesty
11funds received as a result of Public Act 93-26.
12    (2) In determining a school district's revenue from local
13property taxes, the State Board of Education shall utilize the
14equalized assessed valuation of all taxable property of each
15school district as of September 30 of the previous year. The
16equalized assessed valuation utilized shall be obtained and
17determined as provided in subsection (G).
18    (3) For school districts maintaining grades kindergarten
19through 12, local property tax revenues per pupil shall be
20calculated as the product of the applicable equalized assessed
21valuation for the district multiplied by 3.00%, and divided by
22the district's Average Daily Attendance figure. For school
23districts maintaining grades kindergarten through 8, local
24property tax revenues per pupil shall be calculated as the
25product of the applicable equalized assessed valuation for the
26district multiplied by 2.30%, and divided by the district's

 

 

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

 

 

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1(E) Computation of General State Aid.
2    (1) For each school year, the amount of general State aid
3allotted to a school district shall be computed by the State
4Board of Education as provided in this subsection.
5    (2) For any school district for which Available Local
6Resources per pupil is less than the product of 0.93 times the
7Foundation Level, general State aid for that district shall be
8calculated as an amount equal to the Foundation Level minus
9Available Local Resources, multiplied by the Average Daily
10Attendance of the school district.
11    (3) For any school district for which Available Local
12Resources per pupil is equal to or greater than the product of
130.93 times the Foundation Level and less than the product of
141.75 times the Foundation Level, the general State aid per
15pupil shall be a decimal proportion of the Foundation Level
16derived using a linear algorithm. Under this linear algorithm,
17the calculated general State aid per pupil shall decline in
18direct linear fashion from 0.07 times the Foundation Level for
19a school district with Available Local Resources equal to the
20product of 0.93 times the Foundation Level, to 0.05 times the
21Foundation Level for a school district with Available Local
22Resources equal to the product of 1.75 times the Foundation
23Level. The allocation of general State aid for school districts
24subject to this paragraph 3 shall be the calculated general
25State aid per pupil figure multiplied by the Average Daily

 

 

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

 

 

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

 

 

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1volunteer personnel when engaging in non-teaching duties and
2supervising in those instances specified in subsection (a) of
3Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
4of legal school age and in kindergarten and grades 1 through
512.
6    Days of attendance by tuition pupils shall be accredited
7only to the districts that pay the tuition to a recognized
8school.
9    (2) Days of attendance by pupils of less than 5 clock hours
10of school shall be subject to the following provisions in the
11compilation of Average Daily Attendance.
12        (a) Pupils regularly enrolled in a public school for
13    only a part of the school day may be counted on the basis
14    of 1/6 day for every class hour of instruction of 40
15    minutes or more attended pursuant to such enrollment,
16    unless a pupil is enrolled in a block-schedule format of 80
17    minutes or more of instruction, in which case the pupil may
18    be counted on the basis of the proportion of minutes of
19    school work completed each day to the minimum number of
20    minutes that school work is required to be held that day.
21        (b) Days of attendance may be less than 5 clock hours
22    on the opening and closing of the school term, and upon the
23    first day of pupil attendance, if preceded by a day or days
24    utilized as an institute or teachers' workshop.
25        (c) A session of 4 or more clock hours may be counted
26    as a day of attendance upon certification by the regional

 

 

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

 

 

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

 

 

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

 

 

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1    Attendance at kindergartens which provide for a full day of
2    attendance by each pupil shall be counted the same as
3    attendance by first grade pupils. Only the first year of
4    attendance in one kindergarten shall be counted, except in
5    case of children who entered the kindergarten in their
6    fifth year whose educational development requires a second
7    year of kindergarten as determined under the rules and
8    regulations of the State Board of Education.
9        (i) On the days when the Prairie State Achievement
10    Examination is administered under subsection (c) of
11    Section 2-3.64 of this Code, the day of attendance for a
12    pupil whose school day must be shortened to accommodate
13    required testing procedures may be less than 5 clock hours
14    and shall be counted towards the 176 days of actual pupil
15    attendance required under Section 10-19 of this Code,
16    provided that a sufficient number of minutes of school work
17    in excess of 5 clock hours are first completed on other
18    school days to compensate for the loss of school work on
19    the examination days.
20        (j) Pupils enrolled in a remote educational program
21    established under Section 10-29 of this Code may be counted
22    on the basis of one-fifth for every clock hour of
23    instruction attended in the remote educational program,
24    provided that a school district may not claim more days of
25    attendance in a single school term for a student enrolled
26    in a remote educational program than the days of attendance

 

 

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1    included in the regular school term of the district
2    established pursuant to Section 10-19 of this Code.
 
3(G) Equalized Assessed Valuation Data.
4    (1) For purposes of the calculation of Available Local
5Resources required pursuant to subsection (D), the State Board
6of Education shall secure from the Department of Revenue the
7value as equalized or assessed by the Department of Revenue of
8all taxable property of every school district, together with
9(i) the applicable tax rate used in extending taxes for the
10funds of the district as of September 30 of the previous year
11and (ii) the limiting rate for all school districts subject to
12property tax extension limitations as imposed under the
13Property Tax Extension Limitation Law.
14    The Department of Revenue shall add to the equalized
15assessed value of all taxable property of each school district
16situated entirely or partially within a county that is or was
17subject to the provisions of Section 15-176 or 15-177 of the
18Property Tax Code (a) an amount equal to the total amount by
19which the homestead exemption allowed under Section 15-176 or
2015-177 of the Property Tax Code for real property situated in
21that school district exceeds the total amount that would have
22been allowed in that school district if the maximum reduction
23under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
24all other counties in tax year 2003 or (ii) $5,000 in all
25counties in tax year 2004 and thereafter and (b) an amount

 

 

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1equal to the aggregate amount for the taxable year of all
2additional exemptions under Section 15-175 of the Property Tax
3Code for owners with a household income of $30,000 or less. The
4county clerk of any county that is or was subject to the
5provisions of Section 15-176 or 15-177 of the Property Tax Code
6shall annually calculate and certify to the Department of
7Revenue for each school district all homestead exemption
8amounts under Section 15-176 or 15-177 of the Property Tax Code
9and all amounts of additional exemptions under Section 15-175
10of the Property Tax Code for owners with a household income of
11$30,000 or less. It is the intent of this paragraph that if the
12general homestead exemption for a parcel of property is
13determined under Section 15-176 or 15-177 of the Property Tax
14Code rather than Section 15-175, then the calculation of
15Available Local Resources shall not be affected by the
16difference, if any, between the amount of the general homestead
17exemption allowed for that parcel of property under Section
1815-176 or 15-177 of the Property Tax Code and the amount that
19would have been allowed had the general homestead exemption for
20that parcel of property been determined under Section 15-175 of
21the Property Tax Code. It is further the intent of this
22paragraph that if additional exemptions are allowed under
23Section 15-175 of the Property Tax Code for owners with a
24household income of less than $30,000, then the calculation of
25Available Local Resources shall not be affected by the
26difference, if any, because of those additional exemptions.

 

 

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1    This equalized assessed valuation, as adjusted further by
2the requirements of this subsection, shall be utilized in the
3calculation of Available Local Resources.
4    (2) The equalized assessed valuation in paragraph (1) shall
5be adjusted, as applicable, in the following manner:
6        (a) For the purposes of calculating State aid under
7    this Section, with respect to any part of a school district
8    within a redevelopment project area in respect to which a
9    municipality has adopted tax increment allocation
10    financing pursuant to the Tax Increment Allocation
11    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
12    of the Illinois Municipal Code or the Industrial Jobs
13    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
14    Illinois Municipal Code, no part of the current equalized
15    assessed valuation of real property located in any such
16    project area which is attributable to an increase above the
17    total initial equalized assessed valuation of such
18    property shall be used as part of the equalized assessed
19    valuation of the district, until such time as all
20    redevelopment project costs have been paid, as provided in
21    Section 11-74.4-8 of the Tax Increment Allocation
22    Redevelopment Act or in Section 11-74.6-35 of the
23    Industrial Jobs Recovery Law. For the purpose of the
24    equalized assessed valuation of the district, the total
25    initial equalized assessed valuation or the current
26    equalized assessed valuation, whichever is lower, shall be

 

 

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1    used until such time as all redevelopment project costs
2    have been paid.
3        (b) The real property equalized assessed valuation for
4    a school district shall be adjusted by subtracting from the
5    real property value as equalized or assessed by the
6    Department of Revenue for the district an amount computed
7    by dividing the amount of any abatement of taxes under
8    Section 18-170 of the Property Tax Code by 3.00% for a
9    district maintaining grades kindergarten through 12, by
10    2.30% for a district maintaining grades kindergarten
11    through 8, or by 1.05% for a district maintaining grades 9
12    through 12 and adjusted by an amount computed by dividing
13    the amount of any abatement of taxes under subsection (a)
14    of Section 18-165 of the Property Tax Code by the same
15    percentage rates for district type as specified in this
16    subparagraph (b).
17    (3) For the 1999-2000 school year and each school year
18thereafter, if a school district meets all of the criteria of
19this subsection (G)(3), the school district's Available Local
20Resources shall be calculated under subsection (D) using the
21district's Extension Limitation Equalized Assessed Valuation
22as calculated under this subsection (G)(3).
23    For purposes of this subsection (G)(3) the following terms
24shall have the following meanings:
25        "Budget Year": The school year for which general State
26    aid is calculated and awarded under subsection (E).

 

 

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1        "Base Tax Year": The property tax levy year used to
2    calculate the Budget Year allocation of general State aid.
3        "Preceding Tax Year": The property tax levy year
4    immediately preceding the Base Tax Year.
5        "Base Tax Year's Tax Extension": The product of the
6    equalized assessed valuation utilized by the County Clerk
7    in the Base Tax Year multiplied by the limiting rate as
8    calculated by the County Clerk and defined in the Property
9    Tax Extension Limitation Law.
10        "Preceding Tax Year's Tax Extension": The product of
11    the equalized assessed valuation utilized by the County
12    Clerk in the Preceding Tax Year multiplied by the Operating
13    Tax Rate as defined in subsection (A).
14        "Extension Limitation Ratio": A numerical ratio,
15    certified by the County Clerk, in which the numerator is
16    the Base Tax Year's Tax Extension and the denominator is
17    the Preceding Tax Year's Tax Extension.
18        "Operating Tax Rate": The operating tax rate as defined
19    in subsection (A).
20    If a school district is subject to property tax extension
21limitations as imposed under the Property Tax Extension
22Limitation Law, the State Board of Education shall calculate
23the Extension Limitation Equalized Assessed Valuation of that
24district. For the 1999-2000 school year, the Extension
25Limitation Equalized Assessed Valuation of a school district as
26calculated by the State Board of Education shall be equal to

 

 

HB3223- 30 -LRB097 08887 NHT 49017 b

1the product of the district's 1996 Equalized Assessed Valuation
2and the district's Extension Limitation Ratio. Except as
3otherwise provided in this paragraph for a school district that
4has approved or does approve an increase in its limiting rate,
5for the 2000-2001 school year and each school year thereafter,
6the Extension Limitation Equalized Assessed Valuation of a
7school district as calculated by the State Board of Education
8shall be equal to the product of the Equalized Assessed
9Valuation last used in the calculation of general State aid and
10the district's Extension Limitation Ratio. If the Extension
11Limitation Equalized Assessed Valuation of a school district as
12calculated under this subsection (G)(3) is less than the
13district's equalized assessed valuation as calculated pursuant
14to subsections (G)(1) and (G)(2), then for purposes of
15calculating the district's general State aid for the Budget
16Year pursuant to subsection (E), that Extension Limitation
17Equalized Assessed Valuation shall be utilized to calculate the
18district's Available Local Resources under subsection (D). For
19the 2009-2010 school year and each school year thereafter, if a
20school district has approved or does approve an increase in its
21limiting rate, pursuant to Section 18-190 of the Property Tax
22Code, affecting the Base Tax Year, the Extension Limitation
23Equalized Assessed Valuation of the school district, as
24calculated by the State Board of Education, shall be equal to
25the product of the Equalized Assessed Valuation last used in
26the calculation of general State aid times an amount equal to

 

 

HB3223- 31 -LRB097 08887 NHT 49017 b

1one plus the percentage increase, if any, in the Consumer Price
2Index for all Urban Consumers for all items published by the
3United States Department of Labor for the 12-month calendar
4year preceding the Base Tax Year, plus the Equalized Assessed
5Valuation of new property, annexed property, and recovered tax
6increment value and minus the Equalized Assessed Valuation of
7disconnected property. New property and recovered tax
8increment value shall have the meanings set forth in the
9Property Tax Extension Limitation Law.
10    Partial elementary unit districts created in accordance
11with Article 11E of this Code shall not be eligible for the
12adjustment in this subsection (G)(3) until the fifth year
13following the effective date of the reorganization.
14    (3.5) For the 2010-2011 school year and each school year
15thereafter, if a school district's boundaries span multiple
16counties, then the Department of Revenue shall send to the
17State Board of Education, for the purpose of calculating
18general State aid, the limiting rate and individual rates by
19purpose for the county that contains the majority of the school
20district's Equalized Assessed Valuation.
21    (4) For the purposes of calculating general State aid for
22the 1999-2000 school year only, if a school district
23experienced a triennial reassessment on the equalized assessed
24valuation used in calculating its general State financial aid
25apportionment for the 1998-1999 school year, the State Board of
26Education shall calculate the Extension Limitation Equalized

 

 

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1Assessed Valuation that would have been used to calculate the
2district's 1998-1999 general State aid. This amount shall equal
3the product of the equalized assessed valuation used to
4calculate general State aid for the 1997-1998 school year and
5the district's Extension Limitation Ratio. If the Extension
6Limitation Equalized Assessed Valuation of the school district
7as calculated under this paragraph (4) is less than the
8district's equalized assessed valuation utilized in
9calculating the district's 1998-1999 general State aid
10allocation, then for purposes of calculating the district's
11general State aid pursuant to paragraph (5) of subsection (E),
12that Extension Limitation Equalized Assessed Valuation shall
13be utilized to calculate the district's Available Local
14Resources.
15    (5) For school districts having a majority of their
16equalized assessed valuation in any county except Cook, DuPage,
17Kane, Lake, McHenry, or Will, if the amount of general State
18aid allocated to the school district for the 1999-2000 school
19year under the provisions of subsection (E), (H), and (J) of
20this Section is less than the amount of general State aid
21allocated to the district for the 1998-1999 school year under
22these subsections, then the general State aid of the district
23for the 1999-2000 school year only shall be increased by the
24difference between these amounts. The total payments made under
25this paragraph (5) shall not exceed $14,000,000. Claims shall
26be prorated if they exceed $14,000,000.
 

 

 

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1(H) Supplemental General State Aid.
2    (1) In addition to the general State aid a school district
3is allotted pursuant to subsection (E), qualifying school
4districts shall receive a grant, paid in conjunction with a
5district's payments of general State aid, for supplemental
6general State aid based upon the concentration level of
7children from low-income households within the school
8district. Supplemental State aid grants provided for school
9districts under this subsection shall be appropriated for
10distribution to school districts as part of the same line item
11in which the general State financial aid of school districts is
12appropriated under this Section.
13    (1.5) This paragraph (1.5) applies only to those school
14years preceding the 2003-2004 school year. For purposes of this
15subsection (H), the term "Low-Income Concentration Level"
16shall be the low-income eligible pupil count from the most
17recently available federal census divided by the Average Daily
18Attendance of the school district. If, however, (i) the
19percentage decrease from the 2 most recent federal censuses in
20the low-income eligible pupil count of a high school district
21with fewer than 400 students exceeds by 75% or more the
22percentage change in the total low-income eligible pupil count
23of contiguous elementary school districts, whose boundaries
24are coterminous with the high school district, or (ii) a high
25school district within 2 counties and serving 5 elementary

 

 

HB3223- 34 -LRB097 08887 NHT 49017 b

1school districts, whose boundaries are coterminous with the
2high school district, has a percentage decrease from the 2 most
3recent federal censuses in the low-income eligible pupil count
4and there is a percentage increase in the total low-income
5eligible pupil count of a majority of the elementary school
6districts in excess of 50% from the 2 most recent federal
7censuses, then the high school district's low-income eligible
8pupil count from the earlier federal census shall be the number
9used as the low-income eligible pupil count for the high school
10district, for purposes of this subsection (H). The changes made
11to this paragraph (1) by Public Act 92-28 shall apply to
12supplemental general State aid grants for school years
13preceding the 2003-2004 school year that are paid in fiscal
14year 1999 or thereafter and to any State aid payments made in
15fiscal year 1994 through fiscal year 1998 pursuant to
16subsection 1(n) of Section 18-8 of this Code (which was
17repealed on July 1, 1998), and any high school district that is
18affected by Public Act 92-28 is entitled to a recomputation of
19its supplemental general State aid grant or State aid paid in
20any of those fiscal years. This recomputation shall not be
21affected by any other funding.
22    (1.10) This paragraph (1.10) applies to the 2003-2004
23school year and each school year thereafter. For purposes of
24this subsection (H), the term "Low-Income Concentration Level"
25shall, for each fiscal year, be the low-income eligible pupil
26count as of July 1 of the immediately preceding fiscal year (as

 

 

HB3223- 35 -LRB097 08887 NHT 49017 b

1determined by the Department of Human Services based on the
2number of pupils who are eligible for at least one of the
3following low income programs: Medicaid, the Children's Health
4Insurance Program, TANF, or Food Stamps, excluding pupils who
5are eligible for services provided by the Department of
6Children and Family Services, averaged over the 2 immediately
7preceding fiscal years for fiscal year 2004 and over the 3
8immediately preceding fiscal years for each fiscal year
9thereafter) divided by the Average Daily Attendance of the
10school district.
11    (2) Supplemental general State aid pursuant to this
12subsection (H) shall be provided as follows for the 1998-1999,
131999-2000, and 2000-2001 school years only:
14        (a) For any school district with a Low Income
15    Concentration Level of at least 20% and less than 35%, the
16    grant for any school year shall be $800 multiplied by the
17    low income eligible pupil count.
18        (b) For any school district with a Low Income
19    Concentration Level of at least 35% and less than 50%, the
20    grant for the 1998-1999 school year shall be $1,100
21    multiplied by the low income eligible pupil count.
22        (c) For any school district with a Low Income
23    Concentration Level of at least 50% and less than 60%, the
24    grant for the 1998-99 school year shall be $1,500
25    multiplied by the low income eligible pupil count.
26        (d) For any school district with a Low Income

 

 

HB3223- 36 -LRB097 08887 NHT 49017 b

1    Concentration Level of 60% or more, the grant for the
2    1998-99 school year shall be $1,900 multiplied by the low
3    income eligible pupil count.
4        (e) For the 1999-2000 school year, the per pupil amount
5    specified in subparagraphs (b), (c), and (d) immediately
6    above shall be increased to $1,243, $1,600, and $2,000,
7    respectively.
8        (f) For the 2000-2001 school year, the per pupil
9    amounts specified in subparagraphs (b), (c), and (d)
10    immediately above shall be $1,273, $1,640, and $2,050,
11    respectively.
12    (2.5) Supplemental general State aid pursuant to this
13subsection (H) shall be provided as follows for the 2002-2003
14school year:
15        (a) For any school district with a Low Income
16    Concentration Level of less than 10%, the grant for each
17    school year shall be $355 multiplied by the low income
18    eligible pupil count.
19        (b) For any school district with a Low Income
20    Concentration Level of at least 10% and less than 20%, the
21    grant for each school year shall be $675 multiplied by the
22    low income eligible pupil count.
23        (c) For any school district with a Low Income
24    Concentration Level of at least 20% and less than 35%, the
25    grant for each school year shall be $1,330 multiplied by
26    the low income eligible pupil count.

 

 

HB3223- 37 -LRB097 08887 NHT 49017 b

1        (d) For any school district with a Low Income
2    Concentration Level of at least 35% and less than 50%, the
3    grant for each school year shall be $1,362 multiplied by
4    the low income eligible pupil count.
5        (e) For any school district with a Low Income
6    Concentration Level of at least 50% and less than 60%, the
7    grant for each school year shall be $1,680 multiplied by
8    the low income eligible pupil count.
9        (f) For any school district with a Low Income
10    Concentration Level of 60% or more, the grant for each
11    school year shall be $2,080 multiplied by the low income
12    eligible pupil count.
13    (2.10) Except as otherwise provided, supplemental general
14State aid pursuant to this subsection (H) shall be provided as
15follows for the 2003-2004 school year and each school year
16thereafter:
17        (a) For any school district with a Low Income
18    Concentration Level of 15% or less, the grant for each
19    school year shall be $355 multiplied by the low income
20    eligible pupil count.
21        (b) For any school district with a Low Income
22    Concentration Level greater than 15%, the grant for each
23    school year shall be $294.25 added to the product of $2,700
24    and the square of the Low Income Concentration Level, all
25    multiplied by the low income eligible pupil count.
26    For the 2003-2004 school year and each school year

 

 

HB3223- 38 -LRB097 08887 NHT 49017 b

1thereafter through the 2008-2009 school year only, the grant
2shall be no less than the grant for the 2002-2003 school year.
3For the 2009-2010 school year only, the grant shall be no less
4than the grant for the 2002-2003 school year multiplied by
50.66. For the 2010-2011 school year only, the grant shall be no
6less than the grant for the 2002-2003 school year multiplied by
70.33. Notwithstanding the provisions of this paragraph to the
8contrary, if for any school year supplemental general State aid
9grants are prorated as provided in paragraph (1) of this
10subsection (H), then the grants under this paragraph shall be
11prorated.
12    For the 2003-2004 school year only, the grant shall be no
13greater than the grant received during the 2002-2003 school
14year added to the product of 0.25 multiplied by the difference
15between the grant amount calculated under subsection (a) or (b)
16of this paragraph (2.10), whichever is applicable, and the
17grant received during the 2002-2003 school year. For the
182004-2005 school year only, the grant shall be no greater than
19the grant received during the 2002-2003 school year added to
20the product of 0.50 multiplied by the difference between the
21grant amount calculated under subsection (a) or (b) of this
22paragraph (2.10), whichever is applicable, and the grant
23received during the 2002-2003 school year. For the 2005-2006
24school year only, the grant shall be no greater than the grant
25received during the 2002-2003 school year added to the product
26of 0.75 multiplied by the difference between the grant amount

 

 

HB3223- 39 -LRB097 08887 NHT 49017 b

1calculated under subsection (a) or (b) of this paragraph
2(2.10), whichever is applicable, and the grant received during
3the 2002-2003 school year.
4    (3) School districts with an Average Daily Attendance of
5more than 1,000 and less than 50,000 that qualify for
6supplemental general State aid pursuant to this subsection
7shall submit a plan to the State Board of Education prior to
8October 30 of each year for the use of the funds resulting from
9this grant of supplemental general State aid for the
10improvement of instruction in which priority is given to
11meeting the education needs of disadvantaged children. Such
12plan shall be submitted in accordance with rules and
13regulations promulgated by the State Board of Education.
14    (4) School districts with an Average Daily Attendance of
1550,000 or more that qualify for supplemental general State aid
16pursuant to this subsection shall be required to distribute
17from funds available pursuant to this Section, no less than
18$261,000,000 in accordance with the following requirements:
19        (a) The required amounts shall be distributed to the
20    attendance centers within the district in proportion to the
21    number of pupils enrolled at each attendance center who are
22    eligible to receive free or reduced-price lunches or
23    breakfasts under the federal Child Nutrition Act of 1966
24    and under the National School Lunch Act during the
25    immediately preceding school year.
26        (b) The distribution of these portions of supplemental

 

 

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1    and general State aid among attendance centers according to
2    these requirements shall not be compensated for or
3    contravened by adjustments of the total of other funds
4    appropriated to any attendance centers, and the Board of
5    Education shall utilize funding from one or several sources
6    in order to fully implement this provision annually prior
7    to the opening of school.
8        (c) Each attendance center shall be provided by the
9    school district a distribution of noncategorical funds and
10    other categorical funds to which an attendance center is
11    entitled under law in order that the general State aid and
12    supplemental general State aid provided by application of
13    this subsection supplements rather than supplants the
14    noncategorical funds and other categorical funds provided
15    by the school district to the attendance centers.
16        (d) Any funds made available under this subsection that
17    by reason of the provisions of this subsection are not
18    required to be allocated and provided to attendance centers
19    may be used and appropriated by the board of the district
20    for any lawful school purpose.
21        (e) Funds received by an attendance center pursuant to
22    this subsection shall be used by the attendance center at
23    the discretion of the principal and local school council
24    for programs to improve educational opportunities at
25    qualifying schools through the following programs and
26    services: early childhood education, reduced class size or

 

 

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1    improved adult to student classroom ratio, enrichment
2    programs, remedial assistance, attendance improvement, and
3    other educationally beneficial expenditures which
4    supplement the regular and basic programs as determined by
5    the State Board of Education. Funds provided shall not be
6    expended for any political or lobbying purposes as defined
7    by board rule.
8        (f) Each district subject to the provisions of this
9    subdivision (H)(4) shall submit an acceptable plan to meet
10    the educational needs of disadvantaged children, in
11    compliance with the requirements of this paragraph, to the
12    State Board of Education prior to July 15 of each year.
13    This plan shall be consistent with the decisions of local
14    school councils concerning the school expenditure plans
15    developed in accordance with part 4 of Section 34-2.3. The
16    State Board shall approve or reject the plan within 60 days
17    after its submission. If the plan is rejected, the district
18    shall give written notice of intent to modify the plan
19    within 15 days of the notification of rejection and then
20    submit a modified plan within 30 days after the date of the
21    written notice of intent to modify. Districts may amend
22    approved plans pursuant to rules promulgated by the State
23    Board of Education.
24        Upon notification by the State Board of Education that
25    the district has not submitted a plan prior to July 15 or a
26    modified plan within the time period specified herein, the

 

 

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1    State aid funds affected by that plan or modified plan
2    shall be withheld by the State Board of Education until a
3    plan or modified plan is submitted.
4        If the district fails to distribute State aid to
5    attendance centers in accordance with an approved plan, the
6    plan for the following year shall allocate funds, in
7    addition to the funds otherwise required by this
8    subsection, to those attendance centers which were
9    underfunded during the previous year in amounts equal to
10    such underfunding.
11        For purposes of determining compliance with this
12    subsection in relation to the requirements of attendance
13    center funding, each district subject to the provisions of
14    this subsection shall submit as a separate document by
15    December 1 of each year a report of expenditure data for
16    the prior year in addition to any modification of its
17    current plan. If it is determined that there has been a
18    failure to comply with the expenditure provisions of this
19    subsection regarding contravention or supplanting, the
20    State Superintendent of Education shall, within 60 days of
21    receipt of the report, notify the district and any affected
22    local school council. The district shall within 45 days of
23    receipt of that notification inform the State
24    Superintendent of Education of the remedial or corrective
25    action to be taken, whether by amendment of the current
26    plan, if feasible, or by adjustment in the plan for the

 

 

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1    following year. Failure to provide the expenditure report
2    or the notification of remedial or corrective action in a
3    timely manner shall result in a withholding of the affected
4    funds.
5        The State Board of Education shall promulgate rules and
6    regulations to implement the provisions of this
7    subsection. No funds shall be released under this
8    subdivision (H)(4) to any district that has not submitted a
9    plan that has been approved by the State Board of
10    Education.
 
11(I) (Blank).
 
12(J) Supplementary Grants in Aid.
13    (1) Notwithstanding any other provisions of this Section,
14the amount of the aggregate general State aid in combination
15with supplemental general State aid under this Section for
16which each school district is eligible shall be no less than
17the amount of the aggregate general State aid entitlement that
18was received by the district under Section 18-8 (exclusive of
19amounts received under subsections 5(p) and 5(p-5) of that
20Section) for the 1997-98 school year, pursuant to the
21provisions of that Section as it was then in effect. If a
22school district qualifies to receive a supplementary payment
23made under this subsection (J), the amount of the aggregate
24general State aid in combination with supplemental general

 

 

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1State aid under this Section which that district is eligible to
2receive for each school year shall be no less than the amount
3of the aggregate general State aid entitlement that was
4received by the district under Section 18-8 (exclusive of
5amounts received under subsections 5(p) and 5(p-5) of that
6Section) for the 1997-1998 school year, pursuant to the
7provisions of that Section as it was then in effect.
8    (2) If, as provided in paragraph (1) of this subsection
9(J), a school district is to receive aggregate general State
10aid in combination with supplemental general State aid under
11this Section for the 1998-99 school year and any subsequent
12school year that in any such school year is less than the
13amount of the aggregate general State aid entitlement that the
14district received for the 1997-98 school year, the school
15district shall also receive, from a separate appropriation made
16for purposes of this subsection (J), a supplementary payment
17that is equal to the amount of the difference in the aggregate
18State aid figures as described in paragraph (1).
19    (3) (Blank).
 
20(K) Grants to Laboratory and Alternative Schools.
21    In calculating the amount to be paid to the governing board
22of a public university that operates a laboratory school under
23this Section or to any alternative school that is operated by a
24regional superintendent of schools, the State Board of
25Education shall require by rule such reporting requirements as

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1(P) Public Act 93-838 and Public Act 93-808 make inconsistent
2changes to this Section. Under Section 6 of the Statute on
3Statutes there is an irreconcilable conflict between Public Act
493-808 and Public Act 93-838. Public Act 93-838, being the last
5acted upon, is controlling. The text of Public Act 93-838 is
6the law regardless of the text of Public Act 93-808.
7(Source: P.A. 95-331, eff. 8-21-07; 95-644, eff. 10-12-07;
895-707, eff. 1-11-08; 95-744, eff. 7-18-08; 95-903, eff.
98-25-08; 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300, eff.
108-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09; 96-959,
11eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1480, eff. 11-18-10;
12revised 11-24-10.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.