The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.
Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.
The English language version is always the official and authoritative version of this website.
NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.
093_SB0744ham001
LRB093 03065 NHT 17280 a
1 AMENDMENT TO SENATE BILL 744
2 AMENDMENT NO. . Amend Senate Bill 744 by replacing
3 everything after the enacting clause with the following:
4 "Article 1
5 Section 1-1. Short title. This Act may be cited as the
6 FY2004 Budget Implementation (Education) Act.
7 Section 1-5. Purpose. It is the purpose of this Act to
8 make changes relating to education that are necessary to
9 implement the State's FY2004 budget.
10 Article 5
11 Section 5-5. The School Code is amended by changing
12 Sections 1D-1, 2-3.47, 2-3.61, 2-3.62, 18-8.05, and 27A-11.5
13 and adding Section 2-3.131 as follows:
14 (105 ILCS 5/1D-1)
15 Sec. 1D-1. Block grant funding.
16 (a) For fiscal year 1996 and each fiscal year
17 thereafter, the State Board of Education shall award to a
18 school district having a population exceeding 500,000
-2- LRB093 03065 NHT 17280 a
1 inhabitants a general education block grant and an
2 educational services block grant, determined as provided in
3 this Section, in lieu of distributing to the district
4 separate State funding for the programs described in
5 subsections (b) and (c). The provisions of this Section,
6 however, do not apply to any federal funds that the district
7 is entitled to receive. In accordance with Section 2-3.32,
8 all block grants are subject to an audit. Therefore, block
9 grant receipts and block grant expenditures shall be recorded
10 to the appropriate fund code for the designated block grant.
11 (b) The general education block grant shall include the
12 following programs: REI Initiative, Summer Bridges, Preschool
13 At Risk, K-6 Comprehensive Arts, School Improvement Support,
14 Urban Education, Scientific Literacy, Substance Abuse
15 Prevention, Second Language Planning, Staff Development,
16 Outcomes and Assessment, K-6 Reading Improvement, Truants'
17 Optional Education, Hispanic Programs, Agriculture Education,
18 Gifted Education, Parental Education, Prevention Initiative,
19 Report Cards, and Criminal Background Investigations.
20 Notwithstanding any other provision of law, all amounts paid
21 under the general education block grant from State
22 appropriations to a school district in a city having a
23 population exceeding 500,000 inhabitants shall be
24 appropriated and expended by the board of that district for
25 any of the programs included in the block grant or any of the
26 board's lawful purposes.
27 (c) The educational services block grant shall include
28 the following programs: Bilingual, Regular and Vocational
29 Transportation, State Lunch and Free Breakfast Program,
30 Special Education (Personnel, Extraordinary, Transportation,
31 Orphanage, Private Tuition), Summer School, Educational
32 Service Centers, and Administrator's Academy. This
33 subsection (c) does not relieve the district of its
34 obligation to provide the services required under a program
-3- LRB093 03065 NHT 17280 a
1 that is included within the educational services block grant.
2 It is the intention of the General Assembly in enacting the
3 provisions of this subsection (c) to relieve the district of
4 the administrative burdens that impede efficiency and
5 accompany single-program funding. The General Assembly
6 encourages the board to pursue mandate waivers pursuant to
7 Section 2-3.25g.
8 (d) For fiscal year 1996 and each fiscal year
9 thereafter, the amount of the district's block grants shall
10 be determined as follows: (i) with respect to each program
11 that is included within each block grant, the district shall
12 receive an amount equal to the same percentage of the current
13 fiscal year appropriation made for that program as the
14 percentage of the appropriation received by the district from
15 the 1995 fiscal year appropriation made for that program, and
16 (ii) the total amount that is due the district under the
17 block grant shall be the aggregate of the amounts that the
18 district is entitled to receive for the fiscal year with
19 respect to each program that is included within the block
20 grant that the State Board of Education shall award the
21 district under this Section for that fiscal year. In the
22 case of the Summer Bridges program, the amount of the
23 district's block grant shall be equal to 44% of the amount of
24 the current fiscal year appropriation made for that program.
25 (e) The district is not required to file any application
26 or other claim in order to receive the block grants to which
27 it is entitled under this Section. The State Board of
28 Education shall make payments to the district of amounts due
29 under the district's block grants on a schedule determined by
30 the State Board of Education.
31 (f) A school district to which this Section applies
32 shall report to the State Board of Education on its use of
33 the block grants in such form and detail as the State Board
34 of Education may specify.
-4- LRB093 03065 NHT 17280 a
1 (g) This paragraph provides for the treatment of block
2 grants under Article 1C for purposes of calculating the
3 amount of block grants for a district under this Section.
4 Those block grants under Article 1C are, for this purpose,
5 treated as included in the amount of appropriation for the
6 various programs set forth in paragraph (b) above. The
7 appropriation in each current fiscal year for each block
8 grant under Article 1C shall be treated for these purposes as
9 appropriations for the individual program included in that
10 block grant. The proportion of each block grant so allocated
11 to each such program included in it shall be the proportion
12 which the appropriation for that program was of all
13 appropriations for such purposes now in that block grant, in
14 fiscal 1995.
15 Payments to the school district under this Section with
16 respect to each program for which payments to school
17 districts generally, as of the date of this amendatory Act of
18 the 92nd General Assembly, are on a reimbursement basis shall
19 continue to be made to the district on a reimbursement basis,
20 pursuant to the provisions of this Code governing those
21 programs.
22 (h) Notwithstanding any other provision of law, any
23 school district receiving a block grant under this Section
24 may classify all or a portion of the funds that it receives
25 in a particular fiscal year from any block grant authorized
26 under this Code or from general State aid pursuant to Section
27 18-8.05 of this Code (other than supplemental general State
28 aid) as funds received in connection with any funding program
29 for which it is entitled to receive funds from the State in
30 that fiscal year (including, without limitation, any funding
31 program referred to in subsection (c) of this Section),
32 regardless of the source or timing of the receipt. The
33 district may not classify more funds as funds received in
34 connection with the funding program than the district is
-5- LRB093 03065 NHT 17280 a
1 entitled to receive in that fiscal year for that program.
2 Any classification by a district must be made by a resolution
3 of its board of education. The resolution must identify the
4 amount of any block grant or general State aid to be
5 classified under this subsection (h) and must specify the
6 funding program to which the funds are to be treated as
7 received in connection therewith. This resolution is
8 controlling as to the classification of funds referenced
9 therein. A certified copy of the resolution must be sent to
10 the State Superintendent of Education. The resolution shall
11 still take effect even though a copy of the resolution has
12 not been sent to the State Superintendent of Education in a
13 timely manner. No classification under this subsection (h)
14 by a district shall affect the total amount or timing of
15 money the district is entitled to receive under this Code.
16 No classification under this subsection (h) by a district
17 shall in any way relieve the district from or affect any
18 requirements that otherwise would apply with respect to the
19 block grant as provided in this Section, including any
20 accounting of funds by source, reporting expenditures by
21 original source and purpose, reporting requirements, or
22 requirements of provision of services.
23 (Source: P.A. 91-711, eff. 7-1-00; 92-568, eff. 6-26-02;
24 92-651, eff. 7-11-02.)
25 (105 ILCS 5/2-3.47) (from Ch. 122, par. 2-3.47)
26 Sec. 2-3.47. Comprehensive Educational Plan. The State
27 Board of Education shall analyze the current and anticipated
28 problems and deficiencies, present and future minimum needs
29 and requirements and immediate and future objectives and
30 goals of elementary and secondary education in the State of
31 Illinois, and shall design and prepare a Comprehensive
32 Educational Plan for the development, expansion, integration,
33 coordination, and improved and efficient utilization of the
-6- LRB093 03065 NHT 17280 a
1 personnel, facilities, revenues, curricula and standards of
2 elementary and secondary education for the public schools in
3 the areas of teaching (including preparation, certification,
4 compensation, classification, performance rating and tenure),
5 administration, program content and enrichment, student
6 academic achievement, class size, transportation, educational
7 finance and budgetary and accounting procedure, and
8 educational policy and resource planning. In formulating the
9 Comprehensive Educational Plan for elementary and secondary
10 education, pre-school through grade 12, in this State, the
11 State Board of Education shall give consideration to
12 disabled, gifted, occupational, career and other specialized
13 areas of elementary and secondary education, and further
14 shall consider the problems, requirements and objectives of
15 private elementary and secondary schools within the State as
16 the same relate to the present and future problems,
17 deficiencies, needs, requirements, objectives and goals of
18 the public school system of Illinois. As an integral part of
19 the Comprehensive Educational Plan, the State Board of
20 Education shall develop an annual budget for education for
21 the entire State which details the required, total revenues
22 from all sources and the estimated total expenditures for all
23 purposes under the Comprehensive Educational Plan. The
24 budgets shall specify the amount of revenue projected from
25 each source and the amount of expenditure estimated for each
26 purpose for the fiscal year, and shall specifically relate
27 and identify such projected revenues and estimated
28 expenditures to the particular problem, deficiency, need,
29 requirement, objective or goal set forth in the Comprehensive
30 Educational Plan to which such revenues for expenditures are
31 attributable. The State Board of Education shall prepare and
32 submit to the General Assembly and the Governor drafts of
33 proposed legislation to implement the Comprehensive
34 Educational Plan; shall engage in a continuing study,
-7- LRB093 03065 NHT 17280 a
1 analysis and evaluation of the Comprehensive Educational Plan
2 so designed and prepared; and shall from time to time as
3 required with respect to such annual budgets, and as the
4 State Board of Education shall determine with respect to any
5 proposed amendments or modifications of any Comprehensive
6 Educational Plan enacted by the General Assembly, submit its
7 drafts or recommendations for proposed legislation to the
8 General Assembly and the Governor.
9 (Source: P.A. 89-397, eff. 8-20-95; 90-372, eff. 7-1-98.)
10 (105 ILCS 5/2-3.61) (from Ch. 122, par. 2-3.61)
11 Sec. 2-3.61. Summer school grants;gifted and remedial
12 education. From moneys appropriated for such purposes, the
13 State Board of Education shall provide summer school grants
14 to qualifying school districts applying for such grants to be
15 used by such districts, in strict accordance with the
16 provisions of this Section, solely for the purpose of
17 enabling students who are "gifted children" or "talented
18 children" as defined in Section 14A-2 and students who, as
19 determined by the school district in accordance with criteria
20 established by the State Board of Education, are in need of
21 remedial education in order to qualify for academic
22 advancement to attend summer school without having to pay
23 tuition, fees or instructional material expenses. A
24 qualifying district receiving a summer school grant pursuant
25 to this Section shall use the grant moneys so received solely
26 for the purpose of employing certificated personnel to
27 provide instruction and to furnish necessary transportation,
28 text books and other instructional materials for students who
29 are gifted children, talented children or in need of remedial
30 education within the meaning of this Section and who attend
31 the summer school program of the district. All applications
32 for grants under this Section shall be made on forms which
33 the State Board of Education shall provide, and shall be
-8- LRB093 03065 NHT 17280 a
1 filed by the school districts making application for such
2 grants with the State Board of Education prior to the
3 beginning of a program. The State Board of Education shall
4 adopt rules regarding the procedure by which application may
5 be made for such grants, and shall establish standards by
6 which to evaluate the summer school programs proposed by
7 applicant school districts for students who are gifted
8 children, talented children or in need of remedial education
9 within the meaning of this Section and for the payment of all
10 grants awarded pursuant to this Section.
11 (Source: P.A. 86-184.)
12 (105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
13 Sec. 2-3.62. Educational Service Centers.
14 (a) A regional network of educational service centers
15 shall be established by the State Board of Education to
16 coordinate and combine existing services in a manner which is
17 practical and efficient and to provide new services to
18 schools as provided in this Section. Services to be made
19 available by such centers shall include the planning,
20 implementation and evaluation of:
21 (1) (blank);education for gifted children through
22 area service centers, experimental projects and
23 institutes as provided in Section 14A-6;
24 (2) computer technology education including the
25 evaluation, use and application of state-of-the-art
26 technology in computer software as provided in Section
27 2-3.43;
28 (3) mathematics, science and reading resources for
29 teachers including continuing education, inservice
30 training and staff development.
31 The centers may provide training, technical assistance,
32 coordination and planning in other program areas such as
33 school improvement, school accountability, career guidance,
-9- LRB093 03065 NHT 17280 a
1 early childhood education, alcohol/drug education and
2 prevention, family life - sex education, electronic
3 transmission of data from school districts to the State,
4 alternative education and regional special education, and
5 telecommunications systems that provide distance learning.
6 Such telecommunications systems may be obtained through the
7 Department of Central Management Services pursuant to Section
8 405-270 of the Department of Central Management Services Law
9 (20 ILCS 405/405-270). The programs and services of
10 educational service centers may be offered to private school
11 teachers and private school students within each service
12 center area provided public schools have already been
13 afforded adequate access to such programs and services.
14 The State Board of Education shall promulgate rules and
15 regulations necessary to implement this Section. The rules
16 shall include detailed standards which delineate the scope
17 and specific content of programs to be provided by each
18 Educational Service Center, as well as the specific planning,
19 implementation and evaluation services to be provided by each
20 Center relative to its programs. The Board shall also
21 provide the standards by which it will evaluate the programs
22 provided by each Center.
23 (b) Centers serving Class 1 county school units shall be
24 governed by an 11-member board, 3 members of which shall be
25 public school teachers nominated by the local bargaining
26 representatives to the appropriate regional superintendent
27 for appointment and no more than 3 members of which shall be
28 from each of the following categories, including but not
29 limited to superintendents, regional superintendents, school
30 board members and a representative of an institution of
31 higher education. The members of the board shall be
32 appointed by the regional superintendents whose school
33 districts are served by the educational service center. The
34 composition of the board will reflect the revisions of this
-10- LRB093 03065 NHT 17280 a
1 amendatory Act of 1989 as the terms of office of current
2 members expire.
3 (c) The centers shall be of sufficient size and number
4 to assure delivery of services to all local school districts
5 in the State.
6 (d) From monies appropriated for this program the State
7 Board of Education shall provide grants to qualifying
8 Educational Service Centers applying for such grants in
9 accordance with rules and regulations promulgated by the
10 State Board of Education to implement this Section.
11 (e) The governing authority of each of the 18 regional
12 educational service centers shall appoint a family life - sex
13 education advisory board consisting of 2 parents, 2 teachers,
14 2 school administrators, 2 school board members, 2 health
15 care professionals, one library system representative, and
16 the director of the regional educational service center who
17 shall serve as chairperson of the advisory board so
18 appointed. Members of the family life - sex education
19 advisory boards shall serve without compensation. Each of
20 the advisory boards appointed pursuant to this subsection
21 shall develop a plan for regional teacher-parent family life
22 - sex education training sessions and shall file a written
23 report of such plan with the governing board of their
24 regional educational service center. The directors of each
25 of the regional educational service centers shall thereupon
26 meet, review each of the reports submitted by the advisory
27 boards and combine those reports into a single written report
28 which they shall file with the Citizens Council on School
29 Problems prior to the end of the regular school term of the
30 1987-1988 school year.
31 (f) The 14 educational service centers serving Class I
32 county school units shall be disbanded on the first Monday of
33 August, 1995, and their statutory responsibilities and
34 programs shall be assumed by the regional offices of
-11- LRB093 03065 NHT 17280 a
1 education, subject to rules and regulations developed by the
2 State Board of Education. The regional superintendents of
3 schools elected by the voters residing in all Class I
4 counties shall serve as the chief administrators for these
5 programs and services. By rule of the State Board of
6 Education, the 10 educational service regions of lowest
7 population shall provide such services under cooperative
8 agreements with larger regions.
9 (Source: P.A. 91-239, eff. 1-1-00.)
10 (105 ILCS 5/2-3.131 new)
11 Sec. 2-3.131. FY2004 transitional assistance payments.
12 If the amount that the State Board of Education will pay to a
13 school district from fiscal year 2004 appropriations, as
14 estimated by the State Board of Education on April 1, 2004,
15 is less than the amount that the State Board of Education
16 paid to the school district from fiscal year 2003
17 appropriations, then, subject to appropriation, the State
18 Board of Education shall make a fiscal year 2004 transitional
19 assistance payment to the school district in an amount equal
20 to the difference between the estimated amount to be paid
21 from fiscal year 2004 appropriations and the amount paid from
22 fiscal year 2003 appropriations.
23 (105 ILCS 5/18-8.05)
24 Sec. 18-8.05. Basis for apportionment of general State
25 financial aid and supplemental general State aid to the
26 common schools for the 1998-1999 and subsequent school years.
27 (A) General Provisions.
28 (1) The provisions of this Section apply to the
29 1998-1999 and subsequent school years. The system of general
30 State financial aid provided for in this Section is designed
31 to assure that, through a combination of State financial aid
32 and required local resources, the financial support provided
-12- LRB093 03065 NHT 17280 a
1 each pupil in Average Daily Attendance equals or exceeds a
2 prescribed per pupil Foundation Level. This formula approach
3 imputes a level of per pupil Available Local Resources and
4 provides for the basis to calculate a per pupil level of
5 general State financial aid that, when added to Available
6 Local Resources, equals or exceeds the Foundation Level. The
7 amount of per pupil general State financial aid for school
8 districts, in general, varies in inverse relation to
9 Available Local Resources. Per pupil amounts are based upon
10 each school district's Average Daily Attendance as that term
11 is defined in this Section.
12 (2) In addition to general State financial aid, school
13 districts with specified levels or concentrations of pupils
14 from low income households are eligible to receive
15 supplemental general State financial aid grants as provided
16 pursuant to subsection (H). The supplemental State aid grants
17 provided for school districts under subsection (H) shall be
18 appropriated for distribution to school districts as part of
19 the same line item in which the general State financial aid
20 of school districts is appropriated under this Section.
21 (3) To receive financial assistance under this Section,
22 school districts are required to file claims with the State
23 Board 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
27 such school year any claim upon the Common School Fund.
28 In case of nonrecognition of one or more attendance
29 centers in a school district otherwise operating
30 recognized schools, the claim of the district shall be
31 reduced in the proportion which the Average Daily
32 Attendance in the attendance center or centers bear to
33 the Average Daily Attendance in the school district. A
34 "recognized school" means any public school which meets
-13- LRB093 03065 NHT 17280 a
1 the standards as established for recognition by the State
2 Board of Education. A school district or attendance
3 center not having recognition status at the end of a
4 school term is entitled to receive State aid payments due
5 upon a legal claim which was filed while it was
6 recognized.
7 (b) School district claims filed under this Section
8 are subject to Sections 18-9, 18-10, and 18-12, except as
9 otherwise provided in this Section.
10 (c) If a school district operates a full year
11 school under Section 10-19.1, the general State aid to
12 the school district shall be determined by the State
13 Board of Education in accordance with this Section as
14 near as may be applicable.
15 (d) (Blank).
16 (4) Except as provided in subsections (H) and (L), the
17 board of any district receiving any of the grants provided
18 for in this Section may apply those funds to any fund so
19 received for which that board is authorized to make
20 expenditures by law.
21 School districts are not required to exert a minimum
22 Operating Tax Rate in order to qualify for assistance under
23 this Section.
24 (5) As used in this Section the following terms, when
25 capitalized, shall have the meaning ascribed herein:
26 (a) "Average Daily Attendance": A count of pupil
27 attendance in school, averaged as provided for in
28 subsection (C) and utilized in deriving per pupil
29 financial support levels.
30 (b) "Available Local Resources": A computation of
31 local financial support, calculated on the basis of
32 Average Daily Attendance and derived as provided pursuant
33 to subsection (D).
34 (c) "Corporate Personal Property Replacement
-14- LRB093 03065 NHT 17280 a
1 Taxes": Funds paid to local school districts pursuant to
2 "An Act in relation to the abolition of ad valorem
3 personal property tax and the replacement of revenues
4 lost thereby, and amending and repealing certain Acts and
5 parts of Acts in connection therewith", certified August
6 14, 1979, as amended (Public Act 81-1st S.S.-1).
7 (d) "Foundation Level": A prescribed level of per
8 pupil financial support as provided for in subsection
9 (B).
10 (e) "Operating Tax Rate": All school district
11 property taxes extended for all purposes, except Bond and
12 Interest, Summer School, Rent, Capital Improvement, and
13 Vocational Education Building purposes.
14 (B) Foundation Level.
15 (1) The Foundation Level is a figure established by the
16 State representing the minimum level of per pupil financial
17 support that should be available to provide for the basic
18 education of each pupil in Average Daily Attendance. As set
19 forth in this Section, each school district is assumed to
20 exert a sufficient local taxing effort such that, in
21 combination with the aggregate of general State financial aid
22 provided the district, an aggregate of State and local
23 resources are available to meet the basic education needs of
24 pupils in the district.
25 (2) For the 1998-1999 school year, the Foundation Level
26 of support is $4,225. For the 1999-2000 school year, the
27 Foundation Level of support is $4,325. For the 2000-2001
28 school year, the Foundation Level of support is $4,425.
29 (3) For the 2001-2002 school year and 2002-2003 school
30 yeareach school year thereafter, the Foundation Level of
31 support is $4,560 or such greater amount as may be
32 established by law by the General Assembly.
33 (4) For the 2003-2004 school year and each school year
34 thereafter, the Foundation Level of support is $4,810 or such
-15- LRB093 03065 NHT 17280 a
1 greater amount as may be established by law by the General
2 Assembly.
3 (C) Average Daily Attendance.
4 (1) For purposes of calculating general State aid
5 pursuant to subsection (E), an Average Daily Attendance
6 figure shall be utilized. The Average Daily Attendance
7 figure for formula calculation purposes shall be the monthly
8 average of the actual number of pupils in attendance of each
9 school district, as further averaged for the best 3 months of
10 pupil attendance for each school district. In compiling the
11 figures for the number of pupils in attendance, school
12 districts and the State Board of Education shall, for
13 purposes of general State aid funding, conform attendance
14 figures to the requirements of subsection (F).
15 (2) The Average Daily Attendance figures utilized in
16 subsection (E) shall be the requisite attendance data for the
17 school year immediately preceding the school year for which
18 general State aid is being calculated or the average of the
19 attendance data for the 3 preceding school years, whichever
20 is greater. The Average Daily Attendance figures utilized in
21 subsection (H) shall be the requisite attendance data for the
22 school year immediately preceding the school year for which
23 general State aid is being calculated.
24 (D) Available Local Resources.
25 (1) For purposes of calculating general State aid
26 pursuant to subsection (E), a representation of Available
27 Local Resources per pupil, as that term is defined and
28 determined in this subsection, shall be utilized. Available
29 Local Resources per pupil shall include a calculated dollar
30 amount representing local school district revenues from local
31 property taxes and from Corporate Personal Property
32 Replacement Taxes, expressed on the basis of pupils in
33 Average Daily Attendance.
-16- LRB093 03065 NHT 17280 a
1 (2) In determining a school district's revenue from
2 local property taxes, the State Board of Education shall
3 utilize the equalized assessed valuation of all taxable
4 property of each school district as of September 30 of the
5 previous year. The equalized assessed valuation utilized
6 shall be obtained and determined as provided in subsection
7 (G).
8 (3) For school districts maintaining grades kindergarten
9 through 12, local property tax revenues per pupil shall be
10 calculated as the product of the applicable equalized
11 assessed valuation for the district multiplied by 3.00%, and
12 divided by the district's Average Daily Attendance figure.
13 For school districts maintaining grades kindergarten through
14 8, local property tax revenues per pupil shall be calculated
15 as the product of the applicable equalized assessed valuation
16 for the district multiplied by 2.30%, and divided by the
17 district's Average Daily Attendance figure. For school
18 districts maintaining grades 9 through 12, local property tax
19 revenues per pupil shall be the applicable equalized assessed
20 valuation of the district multiplied by 1.05%, and divided by
21 the district's Average Daily Attendance figure.
22 (4) The Corporate Personal Property Replacement Taxes
23 paid to each school district during the calendar year 2 years
24 before the calendar year in which a school year begins,
25 divided by the Average Daily Attendance figure for that
26 district, shall be added to the local property tax revenues
27 per pupil as derived by the application of the immediately
28 preceding paragraph (3). The sum of these per pupil figures
29 for each school district shall constitute Available Local
30 Resources as that term is utilized in subsection (E) in the
31 calculation of general State aid.
32 (E) Computation of General State Aid.
33 (1) For each school year, the amount of general State
34 aid allotted to a school district shall be computed by the
-17- LRB093 03065 NHT 17280 a
1 State Board of Education as provided in this subsection.
2 (2) For any school district for which Available Local
3 Resources per pupil is less than the product of 0.93 times
4 the Foundation Level, general State aid for that district
5 shall be calculated as an amount equal to the Foundation
6 Level minus Available Local Resources, multiplied by the
7 Average Daily Attendance of the school district.
8 (3) For any school district for which Available Local
9 Resources per pupil is equal to or greater than the product
10 of 0.93 times the Foundation Level and less than the product
11 of 1.75 times the Foundation Level, the general State aid per
12 pupil shall be a decimal proportion of the Foundation Level
13 derived using a linear algorithm. Under this linear
14 algorithm, the calculated general State aid per pupil shall
15 decline in direct linear fashion from 0.07 times the
16 Foundation Level for a school district with Available Local
17 Resources equal to the product of 0.93 times the Foundation
18 Level, to 0.05 times the Foundation Level for a school
19 district with Available Local Resources equal to the product
20 of 1.75 times the Foundation Level. The allocation of
21 general State aid for school districts subject to this
22 paragraph 3 shall be the calculated general State aid per
23 pupil figure multiplied by the Average Daily Attendance of
24 the school district.
25 (4) For any school district for which Available Local
26 Resources per pupil equals or exceeds the product of 1.75
27 times the Foundation Level, the general State aid for the
28 school district shall be calculated as the product of $218
29 multiplied by the Average Daily Attendance of the school
30 district.
31 (5) The amount of general State aid allocated to a
32 school district for the 1999-2000 school year meeting the
33 requirements set forth in paragraph (4) of subsection (G)
34 shall be increased by an amount equal to the general State
-18- LRB093 03065 NHT 17280 a
1 aid that would have been received by the district for the
2 1998-1999 school year by utilizing the Extension Limitation
3 Equalized Assessed Valuation as calculated in paragraph (4)
4 of subsection (G) less the general State aid allotted for the
5 1998-1999 school year. This amount shall be deemed a one
6 time increase, and shall not affect any future general State
7 aid allocations.
8 (F) Compilation of Average Daily Attendance.
9 (1) Each school district shall, by July 1 of each year,
10 submit to the State Board of Education, on forms prescribed
11 by the State Board of Education, attendance figures for the
12 school year that began in the preceding calendar year. The
13 attendance information so transmitted shall identify the
14 average daily attendance figures for each month of the school
15 year. Beginning with the general State aid claim form for
16 the 2002-2003 school year, districts shall calculate Average
17 Daily Attendance as provided in subdivisions (a), (b), and
18 (c) of this paragraph (1).
19 (a) In districts that do not hold year-round
20 classes, days of attendance in August shall be added to
21 the month of September and any days of attendance in June
22 shall be added to the month of May.
23 (b) In districts in which all buildings hold
24 year-round classes, days of attendance in July and August
25 shall be added to the month of September and any days of
26 attendance in June shall be added to the month of May.
27 (c) In districts in which some buildings, but not
28 all, hold year-round classes, for the non-year-round
29 buildings, days of attendance in August shall be added to
30 the month of September and any days of attendance in June
31 shall be added to the month of May. The average daily
32 attendance for the year-round buildings shall be computed
33 as provided in subdivision (b) of this paragraph (1). To
34 calculate the Average Daily Attendance for the district,
-19- LRB093 03065 NHT 17280 a
1 the average daily attendance for the year-round buildings
2 shall be multiplied by the days in session for the
3 non-year-round buildings for each month and added to the
4 monthly attendance of the non-year-round buildings.
5 Except as otherwise provided in this Section, days of
6 attendance by pupils shall be counted only for sessions of
7 not less than 5 clock hours of school work per day under
8 direct supervision of: (i) teachers, or (ii) non-teaching
9 personnel or volunteer personnel when engaging in
10 non-teaching duties and supervising in those instances
11 specified in subsection (a) of Section 10-22.34 and paragraph
12 10 of Section 34-18, with pupils of legal school age and in
13 kindergarten and grades 1 through 12.
14 Days of attendance by tuition pupils shall be accredited
15 only to the districts that pay the tuition to a recognized
16 school.
17 (2) Days of attendance by pupils of less than 5 clock
18 hours of school shall be subject to the following provisions
19 in the compilation of Average Daily Attendance.
20 (a) Pupils regularly enrolled in a public school
21 for only a part of the school day may be counted on the
22 basis of 1/6 day for every class hour of instruction of
23 40 minutes or more attended pursuant to such enrollment,
24 unless a pupil is enrolled in a block-schedule format of
25 80 minutes or more of instruction, in which case the
26 pupil may be counted on the basis of the proportion of
27 minutes of school work completed each day to the minimum
28 number of minutes that school work is required to be held
29 that day.
30 (b) Days of attendance may be less than 5 clock
31 hours on the opening and closing of the school term, and
32 upon the first day of pupil attendance, if preceded by a
33 day or days utilized as an institute or teachers'
34 workshop.
-20- LRB093 03065 NHT 17280 a
1 (c) A session of 4 or more clock hours may be
2 counted as a day of attendance upon certification by the
3 regional superintendent, and approved by the State
4 Superintendent of Education to the extent that the
5 district has been forced to use daily multiple sessions.
6 (d) A session of 3 or more clock hours may be
7 counted as a day of attendance (1) when the remainder of
8 the school day or at least 2 hours in the evening of that
9 day is utilized for an in-service training program for
10 teachers, up to a maximum of 5 days per school year of
11 which a maximum of 4 days of such 5 days may be used for
12 parent-teacher conferences, provided a district conducts
13 an in-service training program for teachers which has
14 been approved by the State Superintendent of Education;
15 or, in lieu of 4 such days, 2 full days may be used, in
16 which event each such day may be counted as a day of
17 attendance; and (2) when days in addition to those
18 provided in item (1) are scheduled by a school pursuant
19 to its school improvement plan adopted under Article 34
20 or its revised or amended school improvement plan adopted
21 under Article 2, provided that (i) such sessions of 3 or
22 more clock hours are scheduled to occur at regular
23 intervals, (ii) the remainder of the school days in which
24 such sessions occur are utilized for in-service training
25 programs or other staff development activities for
26 teachers, and (iii) a sufficient number of minutes of
27 school work under the direct supervision of teachers are
28 added to the school days between such regularly scheduled
29 sessions to accumulate not less than the number of
30 minutes by which such sessions of 3 or more clock hours
31 fall short of 5 clock hours. Any full days used for the
32 purposes of this paragraph shall not be considered for
33 computing average daily attendance. Days scheduled for
34 in-service training programs, staff development
-21- LRB093 03065 NHT 17280 a
1 activities, or parent-teacher conferences may be
2 scheduled separately for different grade levels and
3 different attendance centers of the district.
4 (e) A session of not less than one clock hour of
5 teaching hospitalized or homebound pupils on-site or by
6 telephone to the classroom may be counted as 1/2 day of
7 attendance, however these pupils must receive 4 or more
8 clock hours of instruction to be counted for a full day
9 of attendance.
10 (f) A session of at least 4 clock hours may be
11 counted as a day of attendance for first grade pupils,
12 and pupils in full day kindergartens, and a session of 2
13 or more hours may be counted as 1/2 day of attendance by
14 pupils in kindergartens which provide only 1/2 day of
15 attendance.
16 (g) For children with disabilities who are below
17 the age of 6 years and who cannot attend 2 or more clock
18 hours because of their disability or immaturity, a
19 session of not less than one clock hour may be counted as
20 1/2 day of attendance; however for such children whose
21 educational needs so require a session of 4 or more clock
22 hours may be counted as a full day of attendance.
23 (h) A recognized kindergarten which provides for
24 only 1/2 day of attendance by each pupil shall not have
25 more than 1/2 day of attendance counted in any one day.
26 However, kindergartens may count 2 1/2 days of attendance
27 in any 5 consecutive school days. When a pupil attends
28 such a kindergarten for 2 half days on any one school
29 day, the pupil shall have the following day as a day
30 absent from school, unless the school district obtains
31 permission in writing from the State Superintendent of
32 Education. Attendance at kindergartens which provide for
33 a full day of attendance by each pupil shall be counted
34 the same as attendance by first grade pupils. Only the
-22- LRB093 03065 NHT 17280 a
1 first year of attendance in one kindergarten shall be
2 counted, except in case of children who entered the
3 kindergarten in their fifth year whose educational
4 development requires a second year of kindergarten as
5 determined under the rules and regulations of the State
6 Board of Education.
7 (G) Equalized Assessed Valuation Data.
8 (1) For purposes of the calculation of Available Local
9 Resources required pursuant to subsection (D), the State
10 Board of Education shall secure from the Department of
11 Revenue the value as equalized or assessed by the Department
12 of Revenue of all taxable property of every school district,
13 together with (i) the applicable tax rate used in extending
14 taxes for the funds of the district as of September 30 of the
15 previous year and (ii) the limiting rate for all school
16 districts subject to property tax extension limitations as
17 imposed under the Property Tax Extension Limitation Law.
18 This equalized assessed valuation, as adjusted further by
19 the requirements of this subsection, shall be utilized in the
20 calculation of Available Local Resources.
21 (2) The equalized assessed valuation in paragraph (1)
22 shall be adjusted, as applicable, in the following manner:
23 (a) For the purposes of calculating State aid under
24 this Section, with respect to any part of a school
25 district within a redevelopment project area in respect
26 to which a municipality has adopted tax increment
27 allocation financing pursuant to the Tax Increment
28 Allocation Redevelopment Act, Sections 11-74.4-1 through
29 11-74.4-11 of the Illinois Municipal Code or the
30 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
31 11-74.6-50 of the Illinois Municipal Code, no part of the
32 current equalized assessed valuation of real property
33 located in any such project area which is attributable to
34 an increase above the total initial equalized assessed
-23- LRB093 03065 NHT 17280 a
1 valuation of such property shall be used as part of the
2 equalized assessed valuation of the district, until such
3 time as all redevelopment project costs have been paid,
4 as provided in Section 11-74.4-8 of the Tax Increment
5 Allocation Redevelopment Act or in Section 11-74.6-35 of
6 the Industrial Jobs Recovery Law. For the purpose of the
7 equalized assessed valuation of the district, the total
8 initial equalized assessed valuation or the current
9 equalized assessed valuation, whichever is lower, shall
10 be used until such time as all redevelopment project
11 costs have been paid.
12 (b) The real property equalized assessed valuation
13 for a school district shall be adjusted by subtracting
14 from the real property value as equalized or assessed by
15 the Department of Revenue for the district an amount
16 computed by dividing the amount of any abatement of taxes
17 under Section 18-170 of the Property Tax Code by 3.00%
18 for a district maintaining grades kindergarten through
19 12, by 2.30% for a district maintaining grades
20 kindergarten through 8, or by 1.05% for a district
21 maintaining grades 9 through 12 and adjusted by an amount
22 computed by dividing the amount of any abatement of taxes
23 under subsection (a) of Section 18-165 of the Property
24 Tax Code by the same percentage rates for district type
25 as specified in this subparagraph (b).
26 (3) For the 1999-2000 school year and each school year
27 thereafter, if a school district meets all of the criteria of
28 this subsection (G)(3), the school district's Available Local
29 Resources shall be calculated under subsection (D) using the
30 district's Extension Limitation Equalized Assessed Valuation
31 as calculated under this subsection (G)(3).
32 For purposes of this subsection (G)(3) the following
33 terms shall have the following meanings:
34 "Budget Year": The school year for which general
-24- LRB093 03065 NHT 17280 a
1 State aid is calculated and awarded under subsection (E).
2 "Base Tax Year": The property tax levy year used to
3 calculate the Budget Year allocation of general State
4 aid.
5 "Preceding Tax Year": The property tax levy year
6 immediately preceding the Base Tax Year.
7 "Base Tax Year's Tax Extension": The product of the
8 equalized assessed valuation utilized by the County Clerk
9 in the Base Tax Year multiplied by the limiting rate as
10 calculated by the County Clerk and defined in the
11 Property Tax Extension Limitation Law.
12 "Preceding Tax Year's Tax Extension": The product of
13 the equalized assessed valuation utilized by the County
14 Clerk in the Preceding Tax Year multiplied by the
15 Operating Tax Rate as defined in subsection (A).
16 "Extension Limitation Ratio": A numerical ratio,
17 certified by the County Clerk, in which the numerator is
18 the Base Tax Year's Tax Extension and the denominator is
19 the Preceding Tax Year's Tax Extension.
20 "Operating Tax Rate": The operating tax rate as
21 defined in subsection (A).
22 If a school district is subject to property tax extension
23 limitations as imposed under the Property Tax Extension
24 Limitation Law, the State Board of Education shall calculate
25 the Extension Limitation Equalized Assessed Valuation of that
26 district. For the 1999-2000 school year, the Extension
27 Limitation Equalized Assessed Valuation of a school district
28 as calculated by the State Board of Education shall be equal
29 to the product of the district's 1996 Equalized Assessed
30 Valuation and the district's Extension Limitation Ratio. For
31 the 2000-2001 school year and each school year thereafter,
32 the Extension Limitation Equalized Assessed Valuation of a
33 school district as calculated by the State Board of Education
34 shall be equal to the product of the Equalized Assessed
-25- LRB093 03065 NHT 17280 a
1 Valuation last used in the calculation of general State aid
2 and the district's Extension Limitation Ratio. If the
3 Extension Limitation Equalized Assessed Valuation of a school
4 district as calculated under this subsection (G)(3) is less
5 than the district's equalized assessed valuation as
6 calculated pursuant to subsections (G)(1) and (G)(2), then
7 for purposes of calculating the district's general State aid
8 for the Budget Year pursuant to subsection (E), that
9 Extension Limitation Equalized Assessed Valuation shall be
10 utilized to calculate the district's Available Local
11 Resources under subsection (D).
12 (4) For the purposes of calculating general State aid
13 for the 1999-2000 school year only, if a school district
14 experienced a triennial reassessment on the equalized
15 assessed valuation used in calculating its general State
16 financial aid apportionment for the 1998-1999 school year,
17 the State Board of Education shall calculate the Extension
18 Limitation Equalized Assessed Valuation that would have been
19 used to calculate the district's 1998-1999 general State aid.
20 This amount shall equal the product of the equalized assessed
21 valuation used to calculate general State aid for the
22 1997-1998 school year and the district's Extension Limitation
23 Ratio. If the Extension Limitation Equalized Assessed
24 Valuation of the school district as calculated under this
25 paragraph (4) is less than the district's equalized assessed
26 valuation utilized in calculating the district's 1998-1999
27 general State aid allocation, then for purposes of
28 calculating the district's general State aid pursuant to
29 paragraph (5) of subsection (E), that Extension Limitation
30 Equalized Assessed Valuation shall be utilized to calculate
31 the district's Available Local Resources.
32 (5) For school districts having a majority of their
33 equalized assessed valuation in any county except Cook,
34 DuPage, Kane, Lake, McHenry, or Will, if the amount of
-26- LRB093 03065 NHT 17280 a
1 general State aid allocated to the school district for the
2 1999-2000 school year under the provisions of subsection (E),
3 (H), and (J) of this Section is less than the amount of
4 general State aid allocated to the district for the 1998-1999
5 school year under these subsections, then the general State
6 aid of the district for the 1999-2000 school year only shall
7 be increased by the difference between these amounts. The
8 total payments made under this paragraph (5) shall not exceed
9 $14,000,000. Claims shall be prorated if they exceed
10 $14,000,000.
11 (H) Supplemental General State Aid.
12 (1) In addition to the general State aid a school
13 district is allotted pursuant to subsection (E), qualifying
14 school districts shall receive a grant, paid in conjunction
15 with a district's payments of general State aid, for
16 supplemental general State aid based upon the concentration
17 level of children from low-income households within the
18 school district. Supplemental State aid grants provided for
19 school districts under this subsection shall be appropriated
20 for distribution to school districts as part of the same line
21 item in which the general State financial aid of school
22 districts is appropriated under this Section. If the
23 appropriation in any fiscal year for general State aid and
24 supplemental general State aid is insufficient to pay the
25 amounts required under the general State aid and supplemental
26 general State aid calculations, then the State Board of
27 Education shall ensure that each school district receives the
28 full amount due for general State aid and the remainder of
29 the appropriation shall be used for supplemental general
30 State aid, which the State Board of Education shall calculate
31 and pay to eligible districts on a prorated basis.
32 (1.5) This paragraph (1.5) applies only to those school
33 years preceding the 2003-2004 school year. For purposes of
34 this subsection (H), the term "Low-Income Concentration
-27- LRB093 03065 NHT 17280 a
1 Level" shall be the low-income eligible pupil count from the
2 most recently available federal census divided by the Average
3 Daily Attendance of the school district. If, however, (i) the
4 percentage decrease from the 2 most recent federal censuses
5 in the low-income eligible pupil count of a high school
6 district with fewer than 400 students exceeds by 75% or more
7 the percentage change in the total low-income eligible pupil
8 count of contiguous elementary school districts, whose
9 boundaries are coterminous with the high school district, or
10 (ii) a high school district within 2 counties and serving 5
11 elementary school districts, whose boundaries are coterminous
12 with the high school district, has a percentage decrease from
13 the 2 most recent federal censuses in the low-income eligible
14 pupil count and there is a percentage increase in the total
15 low-income eligible pupil count of a majority of the
16 elementary school districts in excess of 50% from the 2 most
17 recent federal censuses, then the high school district's
18 low-income eligible pupil count from the earlier federal
19 census shall be the number used as the low-income eligible
20 pupil count for the high school district, for purposes of
21 this subsection (H). The changes made to this paragraph (1)
22 by Public Act 92-28 shall apply to supplemental general State
23 aid grants for school years preceding the 2003-2004 school
24 year that are paid in fiscal year 1999 orand in each fiscal
25 year thereafter and to any State aid payments made in fiscal
26 year 1994 through fiscal year 1998 pursuant to subsection
27 1(n) of Section 18-8 of this Code (which was repealed on July
28 1, 1998), and any high school district that is affected by
29 Public Act 92-28 is entitled to a recomputation of its
30 supplemental general State aid grant or State aid paid in any
31 of those fiscal years. This recomputation shall not be
32 affected by any other funding.
33 (1.10) This paragraph (1.10) applies to the 2003-2004
34 school year and each school year thereafter. For purposes of
-28- LRB093 03065 NHT 17280 a
1 this subsection (H), the term "Low-Income Concentration
2 Level" shall, for each fiscal year, be the low-income
3 eligible pupil count as of July 1 of the immediately
4 preceding fiscal year (as determined by the Department of
5 Human Services based on the number of pupils who are eligible
6 for at least one of the following low income programs:
7 Medicaid, KidCare, TANF, or Food Stamps, excluding pupils who
8 are eligible for services provided by the Department of
9 Children and Family Services, averaged over the 2 immediately
10 preceding fiscal years for fiscal year 2004 and over the 3
11 immediately preceding fiscal years for each fiscal year
12 thereafter) divided by the Average Daily Attendance of the
13 school district.
14 (2) Supplemental general State aid pursuant to this
15 subsection (H) shall be provided as follows for the
16 1998-1999, 1999-2000, and 2000-2001 school years only:
17 (a) For any school district with a Low Income
18 Concentration Level of at least 20% and less than 35%,
19 the grant for any school year shall be $800 multiplied by
20 the low income eligible pupil count.
21 (b) For any school district with a Low Income
22 Concentration Level of at least 35% and less than 50%,
23 the grant for the 1998-1999 school year shall be $1,100
24 multiplied by the low income eligible pupil count.
25 (c) For any school district with a Low Income
26 Concentration Level of at least 50% and less than 60%,
27 the grant for the 1998-99 school year shall be $1,500
28 multiplied by the low income eligible pupil count.
29 (d) For any school district with a Low Income
30 Concentration Level of 60% or more, the grant for the
31 1998-99 school year shall be $1,900 multiplied by the low
32 income eligible pupil count.
33 (e) For the 1999-2000 school year, the per pupil
34 amount specified in subparagraphs (b), (c), and (d)
-29- LRB093 03065 NHT 17280 a
1 immediately above shall be increased to $1,243, $1,600,
2 and $2,000, respectively.
3 (f) For the 2000-2001 school year, the per pupil
4 amounts specified in subparagraphs (b), (c), and (d)
5 immediately above shall be $1,273, $1,640, and $2,050,
6 respectively.
7 (2.5) Supplemental general State aid pursuant to this
8 subsection (H) shall be provided as follows for the 2002-2003
9 school year and each school year thereafter:
10 (a) For any school district with a Low Income
11 Concentration Level of less than 10%, the grant for each
12 school year shall be $355 multiplied by the low income
13 eligible pupil count.
14 (b) For any school district with a Low Income
15 Concentration Level of at least 10% and less than 20%,
16 the grant for each school year shall be $675 multiplied
17 by the low income eligible pupil count.
18 (c) For any school district with a Low Income
19 Concentration Level of at least 20% and less than 35%,
20 the grant for each school year shall be $1,330 multiplied
21 by the low income eligible pupil count.
22 (d) For any school district with a Low Income
23 Concentration Level of at least 35% and less than 50%,
24 the grant for each school year shall be $1,362 multiplied
25 by the low income eligible pupil count.
26 (e) For any school district with a Low Income
27 Concentration Level of at least 50% and less than 60%,
28 the grant for each school year shall be $1,680 multiplied
29 by the low income eligible pupil count.
30 (f) For any school district with a Low Income
31 Concentration Level of 60% or more, the grant for each
32 school year shall be $2,080 multiplied by the low income
33 eligible pupil count.
34 (2.10) Except as otherwise provided, supplemental
-30- LRB093 03065 NHT 17280 a
1 general State aid pursuant to this subsection (H) shall be
2 provided as follows for the 2003-2004 school year and each
3 school year thereafter:
4 (a) For any school district with a Low Income
5 Concentration Level of 15% or less, the grant for each
6 school year shall be $355 multiplied by the low income
7 eligible pupil count.
8 (b) For any school district with a Low Income
9 Concentration Level greater than 15%, the grant for each
10 school year shall be $294.25 added to the product of
11 $2,700 and the square of the Low Income Concentration
12 Level, all multiplied by the low income eligible pupil
13 count.
14 For the 2003-2004 school year only, the grant shall be no
15 less than the grant for the 2002-2003 school year. For the
16 2004-2005 school year only, the grant shall be no less than
17 the grant for the 2002-2003 school year multiplied by 0.66.
18 For the 2005-2006 school year only, the grant shall be no
19 less than the grant for the 2002-2003 school year multiplied
20 by 0.33.
21 For the 2003-2004 school year only, the grant shall be no
22 greater than the grant received during the 2002-2003 school
23 year added to the product of 0.25 multiplied by the
24 difference between the grant amount calculated under
25 subsection (a) or (b) of this paragraph (2.10), whichever is
26 applicable, and the grant received during the 2002-2003
27 school year. For the 2004-2005 school year only, the grant
28 shall be no greater than the grant received during the
29 2002-2003 school year added to the product of 0.50 multiplied
30 by the difference between the grant amount calculated under
31 subsection (a) or (b) of this paragraph (2.10), whichever is
32 applicable, and the grant received during the 2002-2003
33 school year. For the 2005-2006 school year only, the grant
34 shall be no greater than the grant received during the
-31- LRB093 03065 NHT 17280 a
1 2002-2003 school year added to the product of 0.75 multiplied
2 by the difference between the grant amount calculated under
3 subsection (a) or (b) of this paragraph (2.10), whichever is
4 applicable, and the grant received during the 2002-2003
5 school year.
6 (3) School districts with an Average Daily Attendance of
7 more than 1,000 and less than 50,000 that qualify for
8 supplemental general State aid pursuant to this subsection
9 shall submit a plan to the State Board of Education prior to
10 October 30 of each year for the use of the funds resulting
11 from this grant of supplemental general State aid for the
12 improvement of instruction in which priority is given to
13 meeting the education needs of disadvantaged children. Such
14 plan shall be submitted in accordance with rules and
15 regulations promulgated by the State Board of Education.
16 (4) School districts with an Average Daily Attendance of
17 50,000 or more that qualify for supplemental general State
18 aid pursuant to this subsection shall be required to
19 distribute from funds available pursuant to this Section, no
20 less than $261,000,000 in accordance with the following
21 requirements:
22 (a) The required amounts shall be distributed to
23 the attendance centers within the district in proportion
24 to the number of pupils enrolled at each attendance
25 center who are eligible to receive free or reduced-price
26 lunches or breakfasts under the federal Child Nutrition
27 Act of 1966 and under the National School Lunch Act
28 during the immediately preceding school year.
29 (b) The distribution of these portions of
30 supplemental and general State aid among attendance
31 centers according to these requirements shall not be
32 compensated for or contravened by adjustments of the
33 total of other funds appropriated to any attendance
34 centers, and the Board of Education shall utilize funding
-32- LRB093 03065 NHT 17280 a
1 from one or several sources in order to fully implement
2 this provision annually prior to the opening of school.
3 (c) Each attendance center shall be provided by the
4 school district a distribution of noncategorical funds
5 and other categorical funds to which an attendance center
6 is entitled under law in order that the general State aid
7 and supplemental general State aid provided by
8 application of this subsection supplements rather than
9 supplants the noncategorical funds and other categorical
10 funds provided by the school district to the attendance
11 centers.
12 (d) Any funds made available under this subsection
13 that by reason of the provisions of this subsection are
14 not required to be allocated and provided to attendance
15 centers may be used and appropriated by the board of the
16 district for any lawful school purpose.
17 (e) Funds received by an attendance center pursuant
18 to this subsection shall be used by the attendance center
19 at the discretion of the principal and local school
20 council for programs to improve educational opportunities
21 at qualifying schools through the following programs and
22 services: early childhood education, reduced class size
23 or improved adult to student classroom ratio, enrichment
24 programs, remedial assistance, attendance improvement,
25 and other educationally beneficial expenditures which
26 supplement the regular and basic programs as determined
27 by the State Board of Education. Funds provided shall not
28 be expended for any political or lobbying purposes as
29 defined by board rule.
30 (f) Each district subject to the provisions of this
31 subdivision (H)(4) shall submit an acceptable plan to
32 meet the educational needs of disadvantaged children, in
33 compliance with the requirements of this paragraph, to
34 the State Board of Education prior to July 15 of each
-33- LRB093 03065 NHT 17280 a
1 year. This plan shall be consistent with the decisions of
2 local school councils concerning the school expenditure
3 plans developed in accordance with part 4 of Section
4 34-2.3. The State Board shall approve or reject the plan
5 within 60 days after its submission. If the plan is
6 rejected, the district shall give written notice of
7 intent to modify the plan within 15 days of the
8 notification of rejection and then submit a modified plan
9 within 30 days after the date of the written notice of
10 intent to modify. Districts may amend approved plans
11 pursuant to rules promulgated by the State Board of
12 Education.
13 Upon notification by the State Board of Education
14 that the district has not submitted a plan prior to July
15 15 or a modified plan within the time period specified
16 herein, the State aid funds affected by that plan or
17 modified plan shall be withheld by the State Board of
18 Education until a plan or modified plan is submitted.
19 If the district fails to distribute State aid to
20 attendance centers in accordance with an approved plan,
21 the plan for the following year shall allocate funds, in
22 addition to the funds otherwise required by this
23 subsection, to those attendance centers which were
24 underfunded during the previous year in amounts equal to
25 such underfunding.
26 For purposes of determining compliance with this
27 subsection in relation to the requirements of attendance
28 center funding, each district subject to the provisions
29 of this subsection shall submit as a separate document by
30 December 1 of each year a report of expenditure data for
31 the prior year in addition to any modification of its
32 current plan. If it is determined that there has been a
33 failure to comply with the expenditure provisions of this
34 subsection regarding contravention or supplanting, the
-34- LRB093 03065 NHT 17280 a
1 State Superintendent of Education shall, within 60 days
2 of receipt of the report, notify the district and any
3 affected local school council. The district shall within
4 45 days of receipt of that notification inform the State
5 Superintendent of Education of the remedial or corrective
6 action to be taken, whether by amendment of the current
7 plan, if feasible, or by adjustment in the plan for the
8 following year. Failure to provide the expenditure
9 report or the notification of remedial or corrective
10 action in a timely manner shall result in a withholding
11 of the affected funds.
12 The State Board of Education shall promulgate rules
13 and regulations to implement the provisions of this
14 subsection. No funds shall be released under this
15 subdivision (H)(4) to any district that has not submitted
16 a plan that has been approved by the State Board of
17 Education.
18 (I) General State Aid for Newly Configured School Districts.
19 (1) For a new school district formed by combining
20 property included totally within 2 or more previously
21 existing school districts, for its first year of existence
22 the general State aid and supplemental general State aid
23 calculated under this Section shall be computed for the new
24 district and for the previously existing districts for which
25 property is totally included within the new district. If the
26 computation on the basis of the previously existing districts
27 is greater, a supplementary payment equal to the difference
28 shall be made for the first 4 years of existence of the new
29 district.
30 (2) For a school district which annexes all of the
31 territory of one or more entire other school districts, for
32 the first year during which the change of boundaries
33 attributable to such annexation becomes effective for all
34 purposes as determined under Section 7-9 or 7A-8, the general
-35- LRB093 03065 NHT 17280 a
1 State aid and supplemental general State aid calculated under
2 this Section shall be computed for the annexing district as
3 constituted after the annexation and for the annexing and
4 each annexed district as constituted prior to the annexation;
5 and if the computation on the basis of the annexing and
6 annexed districts as constituted prior to the annexation is
7 greater, a supplementary payment equal to the difference
8 shall be made for the first 4 years of existence of the
9 annexing school district as constituted upon such annexation.
10 (3) For 2 or more school districts which annex all of
11 the territory of one or more entire other school districts,
12 and for 2 or more community unit districts which result upon
13 the division (pursuant to petition under Section 11A-2) of
14 one or more other unit school districts into 2 or more parts
15 and which together include all of the parts into which such
16 other unit school district or districts are so divided, for
17 the first year during which the change of boundaries
18 attributable to such annexation or division becomes effective
19 for all purposes as determined under Section 7-9 or 11A-10,
20 as the case may be, the general State aid and supplemental
21 general State aid calculated under this Section shall be
22 computed for each annexing or resulting district as
23 constituted after the annexation or division and for each
24 annexing and annexed district, or for each resulting and
25 divided district, as constituted prior to the annexation or
26 division; and if the aggregate of the general State aid and
27 supplemental general State aid as so computed for the
28 annexing or resulting districts as constituted after the
29 annexation or division is less than the aggregate of the
30 general State aid and supplemental general State aid as so
31 computed for the annexing and annexed districts, or for the
32 resulting and divided districts, as constituted prior to the
33 annexation or division, then a supplementary payment equal to
34 the difference shall be made and allocated between or among
-36- LRB093 03065 NHT 17280 a
1 the annexing or resulting districts, as constituted upon such
2 annexation or division, for the first 4 years of their
3 existence. The total difference payment shall be allocated
4 between or among the annexing or resulting districts in the
5 same ratio as the pupil enrollment from that portion of the
6 annexed or divided district or districts which is annexed to
7 or included in each such annexing or resulting district bears
8 to the total pupil enrollment from the entire annexed or
9 divided district or districts, as such pupil enrollment is
10 determined for the school year last ending prior to the date
11 when the change of boundaries attributable to the annexation
12 or division becomes effective for all purposes. The amount
13 of the total difference payment and the amount thereof to be
14 allocated to the annexing or resulting districts shall be
15 computed by the State Board of Education on the basis of
16 pupil enrollment and other data which shall be certified to
17 the State Board of Education, on forms which it shall provide
18 for that purpose, by the regional superintendent of schools
19 for each educational service region in which the annexing and
20 annexed districts, or resulting and divided districts are
21 located.
22 (3.5) Claims for financial assistance under this
23 subsection (I) shall not be recomputed except as expressly
24 provided under this Section.
25 (4) Any supplementary payment made under this subsection
26 (I) shall be treated as separate from all other payments made
27 pursuant to this Section.
28 (J) Supplementary Grants in Aid.
29 (1) Notwithstanding any other provisions of this
30 Section, the amount of the aggregate general State aid in
31 combination with supplemental general State aid under this
32 Section for which each school district is eligible shall be
33 no less than the amount of the aggregate general State aid
34 entitlement that was received by the district under Section
-37- LRB093 03065 NHT 17280 a
1 18-8 (exclusive of amounts received under subsections 5(p)
2 and 5(p-5) of that Section) for the 1997-98 school year,
3 pursuant to the provisions of that Section as it was then in
4 effect. If a school district qualifies to receive a
5 supplementary payment made under this subsection (J), the
6 amount of the aggregate general State aid in combination with
7 supplemental general State aid under this Section which that
8 district is eligible to receive for each school year shall be
9 no less than the amount of the aggregate general State aid
10 entitlement that was received by the district under Section
11 18-8 (exclusive of amounts received under subsections 5(p)
12 and 5(p-5) of that Section) for the 1997-1998 school year,
13 pursuant to the provisions of that Section as it was then in
14 effect.
15 (2) If, as provided in paragraph (1) of this subsection
16 (J), a school district is to receive aggregate general State
17 aid in combination with supplemental general State aid under
18 this Section for the 1998-99 school year and any subsequent
19 school year that in any such school year is less than the
20 amount of the aggregate general State aid entitlement that
21 the district received for the 1997-98 school year, the school
22 district shall also receive, from a separate appropriation
23 made for purposes of this subsection (J), a supplementary
24 payment that is equal to the amount of the difference in the
25 aggregate State aid figures as described in paragraph (1).
26 (3) (Blank).
27 (K) Grants to Laboratory and Alternative Schools.
28 In calculating the amount to be paid to the governing
29 board of a public university that operates a laboratory
30 school under this Section or to any alternative school that
31 is operated by a regional superintendent of schools, the
32 State Board of Education shall require by rule such reporting
33 requirements as it deems necessary.
34 As used in this Section, "laboratory school" means a
-38- LRB093 03065 NHT 17280 a
1 public school which is created and operated by a public
2 university and approved by the State Board of Education. The
3 governing board of a public university which receives funds
4 from the State Board under this subsection (K) may not
5 increase the number of students enrolled in its laboratory
6 school from a single district, if that district is already
7 sending 50 or more students, except under a mutual agreement
8 between the school board of a student's district of residence
9 and the university which operates the laboratory school. A
10 laboratory school may not have more than 1,000 students,
11 excluding students with disabilities in a special education
12 program.
13 As used in this Section, "alternative school" means a
14 public school which is created and operated by a Regional
15 Superintendent of Schools and approved by the State Board of
16 Education. Such alternative schools may offer courses of
17 instruction for which credit is given in regular school
18 programs, courses to prepare students for the high school
19 equivalency testing program or vocational and occupational
20 training. A regional superintendent of schools may contract
21 with a school district or a public community college district
22 to operate an alternative school. An alternative school
23 serving more than one educational service region may be
24 established by the regional superintendents of schools of the
25 affected educational service regions. An alternative school
26 serving more than one educational service region may be
27 operated under such terms as the regional superintendents of
28 schools of those educational service regions may agree.
29 Each laboratory and alternative school shall file, on
30 forms provided by the State Superintendent of Education, an
31 annual State aid claim which states the Average Daily
32 Attendance of the school's students by month. The best 3
33 months' Average Daily Attendance shall be computed for each
34 school. The general State aid entitlement shall be computed
-39- LRB093 03065 NHT 17280 a
1 by multiplying the applicable Average Daily Attendance by the
2 Foundation Level as determined under this Section.
3 (L) Payments, Additional Grants in Aid and Other
4 Requirements.
5 (1) For a school district operating under the financial
6 supervision of an Authority created under Article 34A, the
7 general State aid otherwise payable to that district under
8 this Section, but not the supplemental general State aid,
9 shall be reduced by an amount equal to the budget for the
10 operations of the Authority as certified by the Authority to
11 the State Board of Education, and an amount equal to such
12 reduction shall be paid to the Authority created for such
13 district for its operating expenses in the manner provided in
14 Section 18-11. The remainder of general State school aid for
15 any such district shall be paid in accordance with Article
16 34A when that Article provides for a disposition other than
17 that provided by this Article.
18 (2) (Blank).
19 (3) Summer school. Summer school payments shall be made
20 as provided in Section 18-4.3.
21 (M) Education Funding Advisory Board.
22 The Education Funding Advisory Board, hereinafter in this
23 subsection (M) referred to as the "Board", is hereby created.
24 The Board shall consist of 5 members who are appointed by the
25 Governor, by and with the advice and consent of the Senate.
26 The members appointed shall include representatives of
27 education, business, and the general public. One of the
28 members so appointed shall be designated by the Governor at
29 the time the appointment is made as the chairperson of the
30 Board. The initial members of the Board may be appointed any
31 time after the effective date of this amendatory Act of 1997.
32 The regular term of each member of the Board shall be for 4
33 years from the third Monday of January of the year in which
-40- LRB093 03065 NHT 17280 a
1 the term of the member's appointment is to commence, except
2 that of the 5 initial members appointed to serve on the
3 Board, the member who is appointed as the chairperson shall
4 serve for a term that commences on the date of his or her
5 appointment and expires on the third Monday of January, 2002,
6 and the remaining 4 members, by lots drawn at the first
7 meeting of the Board that is held after all 5 members are
8 appointed, shall determine 2 of their number to serve for
9 terms that commence on the date of their respective
10 appointments and expire on the third Monday of January, 2001,
11 and 2 of their number to serve for terms that commence on the
12 date of their respective appointments and expire on the third
13 Monday of January, 2000. All members appointed to serve on
14 the Board shall serve until their respective successors are
15 appointed and confirmed. Vacancies shall be filled in the
16 same manner as original appointments. If a vacancy in
17 membership occurs at a time when the Senate is not in
18 session, the Governor shall make a temporary appointment
19 until the next meeting of the Senate, when he or she shall
20 appoint, by and with the advice and consent of the Senate, a
21 person to fill that membership for the unexpired term. If
22 the Senate is not in session when the initial appointments
23 are made, those appointments shall be made as in the case of
24 vacancies.
25 The Education Funding Advisory Board shall be deemed
26 established, and the initial members appointed by the
27 Governor to serve as members of the Board shall take office,
28 on the date that the Governor makes his or her appointment of
29 the fifth initial member of the Board, whether those initial
30 members are then serving pursuant to appointment and
31 confirmation or pursuant to temporary appointments that are
32 made by the Governor as in the case of vacancies.
33 The State Board of Education shall provide such staff
34 assistance to the Education Funding Advisory Board as is
-41- LRB093 03065 NHT 17280 a
1 reasonably required for the proper performance by the Board
2 of its responsibilities.
3 For school years after the 2000-2001 school year, the
4 Education Funding Advisory Board, in consultation with the
5 State Board of Education, shall make recommendations as
6 provided in this subsection (M) to the General Assembly for
7 the foundation level under subdivision (B)(3) of this Section
8 and for the supplemental general State aid grant level under
9 subsection (H) of this Section for districts with high
10 concentrations of children from poverty. The recommended
11 foundation level shall be determined based on a methodology
12 which incorporates the basic education expenditures of
13 low-spending schools exhibiting high academic performance.
14 The Education Funding Advisory Board shall make such
15 recommendations to the General Assembly on January 1 of odd
16 numbered years, beginning January 1, 2001.
17 (N) (Blank).
18 (O) References.
19 (1) References in other laws to the various subdivisions
20 of Section 18-8 as that Section existed before its repeal and
21 replacement by this Section 18-8.05 shall be deemed to refer
22 to the corresponding provisions of this Section 18-8.05, to
23 the extent that those references remain applicable.
24 (2) References in other laws to State Chapter 1 funds
25 shall be deemed to refer to the supplemental general State
26 aid provided under subsection (H) of this Section.
27 (Source: P.A. 91-24, eff. 7-1-99; 91-93, eff. 7-9-99; 91-96,
28 eff. 7-9-99; 91-111, eff. 7-14-99; 91-357, eff. 7-29-99;
29 91-533, eff. 8-13-99; 92-7, eff. 6-29-01; 92-16, eff.
30 6-28-01; 92-28, eff. 7-1-01; 92-29, eff. 7-1-01; 92-269, eff.
31 8-7-01; 92-604, eff. 7-1-02; 92-636, eff. 7-11-02; 92-651,
32 eff. 7-11-02; revised 7-26-02.)
-42- LRB093 03065 NHT 17280 a
1 (105 ILCS 5/27A-11.5)
2 Sec. 27A-11.5. State financing. The State Board of
3 Education shall make the following funds available to school
4 districts and charter schools:
5 (1) From a separate appropriation made to the State
6 Board for purposes of this subdivision (1), the State
7 Board shall make transition impact aid available to
8 school districts that approve a new charter school or
9 that have funds withheld by the State Board to fund a new
10 charter school that is chartered by the State Board. The
11 amount of the aid shall equal 90% of the per capita
12 funding paid to the charter school during the first year
13 of its initial charter term, 65% of the per capita
14 funding paid to the charter school during the second year
15 of its initial term, and 35% of the per capita funding
16 paid to the charter school during the third year of its
17 initial term. This transition impact aid shall be paid
18 to the local school board in equal quarterly
19 installments, with the payment of the installment for the
20 first quarter being made by August 1st immediately
21 preceding the first, second, and third years of the
22 initial term. The district shall file an application for
23 this aid with the State Board in a format designated by
24 the State Board. If the appropriation is insufficient in
25 any year to pay all approved claims, the impact aid shall
26 be prorated. However, for fiscal year 2004, the State
27 Board of Education shall pay approved claims only for
28 charter schools with a valid charter granted prior to
29 June 1, 2003. If any funds remain after these claims have
30 been paid, then the State Board of Education may pay all
31 other approved claims on a pro rata basis. Transition
32 impact aid shall be paid beginning in the 1999-2000
33 school year for charter schools that are in the first,
34 second, or third year of their initial term. Transition
-43- LRB093 03065 NHT 17280 a
1 impact aid shall not be paid for any charter school that
2 is proposed and created by one or more boards of
3 education, as authorized under the provisions of Public
4 Act 91-405.
5 (2) From a separate appropriation made for the
6 purpose of this subdivision (2), the State Board shall
7 make grants to charter schools to pay their start-up
8 costs of acquiring educational materials and supplies,
9 textbooks, furniture, and other equipment needed during
10 their initial term. The State Board shall annually
11 establish the time and manner of application for these
12 grants, which shall not exceed $250 per student enrolled
13 in the charter school.
14 (3) The Charter Schools Revolving Loan Fund is
15 created as a special fund in the State treasury. Federal
16 funds, such other funds as may be made available for
17 costs associated with the establishment of charter
18 schools in Illinois, and amounts repaid by charter
19 schools that have received a loan from the Charter
20 Schools Revolving Loan Fund shall be deposited into the
21 Charter Schools Revolving Loan Fund, and the moneys in
22 the Charter Schools Revolving Loan Fund shall be
23 appropriated to the State Board and used to provide
24 interest-free loans to charter schools. These funds
25 shall be used to pay start-up costs of acquiring
26 educational materials and supplies, textbooks, furniture,
27 and other equipment needed in the initial term of the
28 charter school and for acquiring and remodeling a
29 suitable physical plant, within the initial term of the
30 charter school. Loans shall be limited to one loan per
31 charter school and shall not exceed $250 per student
32 enrolled in the charter school. A loan shall be repaid
33 by the end of the initial term of the charter school.
34 The State Board may deduct amounts necessary to repay the
-44- LRB093 03065 NHT 17280 a
1 loan from funds due to the charter school or may require
2 that the local school board that authorized the charter
3 school deduct such amounts from funds due the charter
4 school and remit these amounts to the State Board,
5 provided that the local school board shall not be
6 responsible for repayment of the loan. The State Board
7 may use up to 3% of the appropriation to contract with a
8 non-profit entity to administer the loan program.
9 (4) A charter school may apply for and receive,
10 subject to the same restrictions applicable to school
11 districts, any grant administered by the State Board that
12 is available for school districts.
13 (Source: P.A. 91-407, eff. 8-3-99; 92-16, eff. 6-28-01.)
14 (105 ILCS 5/Art. 14A rep.)
15 Section 5-10. The School Code is amended by repealing
16 Article 14A.
17 Article 10
18 Section 10-5. The School Code is amended by changing
19 Section 10-22.20 as follows:
20 (105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
21 Sec. 10-22.20. Classes for adults and youths whose
22 schooling has been interrupted; conditions for State
23 reimbursement; use of child care facilities.
24 (a) To establish special classes for the instruction (1)
25 of persons of age 21 years or over, and (2) of persons less
26 than age 21 and not otherwise in attendance in public school,
27 for the purpose of providing adults in the community, and
28 youths whose schooling has been interrupted, with such
29 additional basic education, vocational skill training, and
30 other instruction as may be necessary to increase their
-45- LRB093 03065 NHT 17280 a
1 qualifications for employment or other means of self-support
2 and their ability to meet their responsibilities as citizens
3 including courses of instruction regularly accepted for
4 graduation from elementary or high schools and for
5 Americanization and General Educational Development Review
6 classes.
7 The board shall pay the necessary expenses of such
8 classes out of school funds of the district, including costs
9 of student transportation and such facilities or provision
10 for child-care as may be necessary in the judgment of the
11 board to permit maximum utilization of the courses by
12 students with children, and other special needs of the
13 students directly related to such instruction. The expenses
14 thus incurred shall be subject to State reimbursement, as
15 provided in this Section. The board may make a tuition
16 charge for persons taking instruction who are not subject to
17 State reimbursement, such tuition charge not to exceed the
18 per capita cost of such classes.
19 The cost of such instruction, including the additional
20 expenses herein authorized, incurred for recipients of
21 financial aid under the Illinois Public Aid Code, or for
22 persons for whom education and training aid has been
23 authorized under Section 9-8 of that Code, shall be assumed
24 in its entirety from funds appropriated by the State to the
25 Illinois Community College Board.
26 (b) The Illinois Community College Board shall establish
27 the standards for the courses of instruction reimbursed under
28 this Section. The Illinois Community College Board shall
29 supervise the administration of the programs. The Illinois
30 Community College Board shall determine the cost of
31 instruction in accordance with standards established by the
32 the Illinois Community College Board, including therein other
33 incidental costs as herein authorized, which shall serve as
34 the basis of State reimbursement in accordance with the
-46- LRB093 03065 NHT 17280 a
1 provisions of this Section. In the approval of programs and
2 the determination of the cost of instruction, the Illinois
3 Community College Board shall provide for the maximum
4 utilization of federal funds for such programs. The Illinois
5 Community College Board shall also provide for:
6 (1) the development of an index of need for program
7 planning and for area funding allocations, as defined by
8 the Illinois Community College Board;
9 (2) the method for calculating hours of
10 instruction, as defined by the Illinois Community College
11 Board, claimable for reimbursement and a method to phase
12 in the calculation and for adjusting the calculations in
13 cases where the services of a program are interrupted due
14 to circumstances beyond the control of the program
15 provider;
16 (3) a plan for the reallocation of funds to
17 increase the amount allocated for grants based upon
18 program performance as set forth in subsection (d) below;
19 and
20 (4) the development of standards for determining
21 grants based upon performance as set forth in subsection
22 (d) below and a plan for the phased-in implementation of
23 those standards.
24 For instruction provided by school districts and
25 community college districts beginning July 1, 1996 and
26 thereafter, reimbursement provided by the Illinois Community
27 College Board for classes authorized by this Section shall be
28 provided from funds appropriated for the reimbursement
29 criteria set forth in subsection (c) below.
30 (c) Upon the annual approval of the Illinois Community
31 College Board, reimbursement shall be first provided for
32 transportation, child care services, and other special needs
33 of the students directly related to instruction and then from
34 the funds remaining an amount equal to the product of the
-47- LRB093 03065 NHT 17280 a
1 total credit hours or units of instruction approved by the
2 Illinois Community College Board, multiplied by the
3 following:
4 (1) For adult basic education, the maximum
5 reimbursement per credit hour or per unit of instruction
6 shall be equal to the general state aid per pupil
7 foundation level established in subsection (B) of Section
8 18-8.05, divided by 60;
9 (2) The maximum reimbursement per credit hour or
10 per unit of instruction in subparagraph (1) above shall
11 be weighted for students enrolled in classes defined as
12 vocational skills and approved by the Illinois Community
13 College Board by 1.25;
14 (3) The maximum reimbursement per credit hour or
15 per unit of instruction in subparagraph (1) above shall
16 be multiplied by .90 for students enrolled in classes
17 defined as adult secondary education programs and
18 approved by the Illinois Community College Board;
19 (4) (Blank)For community college districts the
20 maximum reimbursement per credit hour in subparagraphs
21 (1), (2), and (3) above shall be reduced by the Adult
22 Basic Education/Adult Secondary Education/English As A
23 Second Language credit hour grant rate prescribed in
24 Section 2-16.02 of the Public Community College Act, as
25 pro-rated to the appropriation level; and
26 (5) Programs receiving funds under the formula that
27 was in effect during the 1994-1995 program year which
28 continue to be approved and which generate at least 80%
29 of the hours claimable in 1994-95, or in the case of
30 programs not approved in 1994-95 at least 80% of the
31 hours claimable in 1995-96, shall have funding for
32 subsequent years based upon 100% of the 1995-96 formula
33 funding level for 1996-97, 90% of the 1995-96 formula
34 funding level for 1997-98, 80% of the 1995-96 formula
-48- LRB093 03065 NHT 17280 a
1 funding level for 1998-99, and 70% of the 1995-96 formula
2 funding level for 1999-2000. For any approved program
3 which generates less than 80% of the claimable hours in
4 its base year, the level of funding pursuant to this
5 paragraph shall be reduced proportionately. Funding for
6 program years after 1999-2000 shall be determined by the
7 Illinois Community College Board.
8 (d) Upon its annual approval,, the Illinois Community
9 College Board shall provide grants to eligible programs for
10 supplemental activities to improve or expand services under
11 the Adult Education Act. Eligible programs shall be
12 determined based upon performance outcomes of students in the
13 programs as set by the Illinois Community College Board.
14 (e) Reimbursement under this Section shall not exceed
15 the actual costs of the approved program.
16 If the amount appropriated to the Illinois Community
17 College Board for reimbursement under this Section is less
18 than the amount required under this Act, the apportionment
19 shall be proportionately reduced.
20 School districts and community college districts may
21 assess students up to $3.00 per credit hour, for classes
22 other than Adult Basic Education level programs, if needed to
23 meet program costs.
24 (f) An education plan shall be established for each
25 adult or youth whose schooling has been interrupted and who
26 is participating in the instructional programs provided under
27 this Section.
28 Each school board and community college shall keep an
29 accurate and detailed account of the students assigned to and
30 receiving instruction under this Section who are subject to
31 State reimbursement and shall submit reports of services
32 provided commencing with fiscal year 1997 as required by the
33 Illinois Community College Board.
34 For classes authorized under this Section, a credit hour
-49- LRB093 03065 NHT 17280 a
1 or unit of instruction is equal to 15 hours of direct
2 instruction for students enrolled in approved adult education
3 programs at midterm and making satisfactory progress, in
4 accordance with standards established by the Illinois
5 Community College Board.
6 (g) Upon proof submitted to the Illinois Department of
7 Human Services of the payment of all claims submitted under
8 this Section, that Department shall apply for federal funds
9 made available therefor and any federal funds so received
10 shall be paid into the General Revenue Fund in the State
11 Treasury.
12 School districts or community colleges providing classes
13 under this Section shall submit applications to the Illinois
14 Community College Board for preapproval in accordance with
15 the standards established by the Illinois Community College
16 Board. Payments shall be made by the Illinois Community
17 College Board based upon approved programs. Interim
18 expenditure reports may be required by the Illinois Community
19 College Board. Final claims for the school year shall be
20 submitted to the regional superintendents for transmittal to
21 the Illinois Community College Board. Final adjusted
22 payments shall be made by September 30.
23 If a school district or community college district fails
24 to provide, or is providing unsatisfactory or insufficient
25 classes under this Section, the Illinois Community College
26 Board may enter into agreements with public or private
27 educational or other agencies other than the public schools
28 for the establishment of such classes.
29 (h) If a school district or community college district
30 establishes child-care facilities for the children of
31 participants in classes established under this Section, it
32 may extend the use of these facilities to students who have
33 obtained employment and to other persons in the community
34 whose children require care and supervision while the parent
-50- LRB093 03065 NHT 17280 a
1 or other person in charge of the children is employed or
2 otherwise absent from the home during all or part of the day.
3 It may make the facilities available before and after as well
4 as during regular school hours to school age and preschool
5 age children who may benefit thereby, including children who
6 require care and supervision pending the return of their
7 parent or other person in charge of their care from
8 employment or other activity requiring absence from the home.
9 The Illinois Community College Board shall pay to the
10 board the cost of care in the facilities for any child who is
11 a recipient of financial aid under the Illinois Public Aid
12 Code.
13 The board may charge for care of children for whom it
14 cannot make claim under the provisions of this Section. The
15 charge shall not exceed per capita cost, and to the extent
16 feasible, shall be fixed at a level which will permit
17 utilization by employed parents of low or moderate income.
18 It may also permit any other State or local governmental
19 agency or private agency providing care for children to
20 purchase care.
21 After July 1, 1970 when the provisions of Section
22 10-20.20 become operative in the district, children in a
23 child-care facility shall be transferred to the kindergarten
24 established under that Section for such portion of the day as
25 may be required for the kindergarten program, and only the
26 prorated costs of care and training provided in the Center
27 for the remaining period shall be charged to the Illinois
28 Department of Human Services or other persons or agencies
29 paying for such care.
30 (i) The provisions of this Section shall also apply to
31 school districts having a population exceeding 500,000.
32 (j) In addition to claiming reimbursement under this
33 Section, a school district may claim general State aid under
34 Section 18-8.05 for any student under age 21 who is enrolled
-51- LRB093 03065 NHT 17280 a
1 in courses accepted for graduation from elementary or high
2 school and who otherwise meets the requirements of Section
3 18-8.05.
4 (Source: P.A. 90-14, eff. 7-1-97; 90-548, eff. 1-1-98;
5 90-802, eff. 12-15-98; 91-830, eff. 7-1-01; revised 2-17-03.)
6 Section 10-10. The Adult Education Act is amended by
7 changing Section 3-1 as follows:
8 (105 ILCS 405/3-1) (from Ch. 122, par. 203-1)
9 Sec. 3-1. Apportionment for Adult Education Courses. Any
10 school district or public community college district
11 maintaining adult education classes for the instruction of
12 persons over 21 years of age and youths under 21 years of age
13 whose schooling has been interrupted shall be entitled to
14 claim an apportionment in accordance with the provisions of
15 Section 10-22.20 of the School Code and Section 2-4 of this
16 Act. Any public community college district maintaining adult
17 education classes for the instruction of persons over 21
18 years of age and youths under 21 years of age whose schooling
19 has been interrupted shall be entitled to claim an
20 apportionment in accordance with the provisions of Section
21 2-16.02 of the Public Community College Act.
22 Reimbursement as herein provided shall be limited to
23 courses regularly accepted for graduation from elementary or
24 high schools and for Americanization and General Educational
25 Development Review classes which are approved by the Board.
26 If the amount appropriated for this purpose is less than
27 the amount required under the provisions of this Section, the
28 apportionment for local districts shall be proportionately
29 reduced.
30 (Source: P.A. 91-830, eff. 7-1-00.)
31 Section 10-15. The Public Community College Act is
-52- LRB093 03065 NHT 17280 a
1 amended by changing Section 2-16.02 and adding Section 2-20
2 as follows:
3 (110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
4 Sec. 2-16.02. Grants. Any community college district
5 that maintains a community college recognized by the State
6 Board shall receive, when eligible, grants enumerated in this
7 Section. Funded semester credit hours or other measures or
8 both as specified by the State Board shall be used to
9 distribute grants to community colleges. Funded semester
10 credit hours shall be defined, for purposes of this Section,
11 as the greater of (1) the number of semester credit hours, or
12 equivalent, in all funded instructional categories of
13 students who have been certified as being in attendance at
14 midterm during the respective terms of the base fiscal year
15 or (2) the average of semester credit hours, or equivalent,
16 in all funded instructional categories of students who have
17 been certified as being in attendance at midterm during the
18 respective terms of the base fiscal year and the 2 prior
19 fiscal years. For purposes of this Section, "base fiscal
20 year" means the fiscal year 2 years prior to the fiscal year
21 for which the grants are appropriated. Such students shall
22 have been residents of Illinois and shall have been enrolled
23 in courses that are part of instructional program categories
24 approved by the State Board and that are applicable toward an
25 associate degree or certificate. Courses that are eligible
26 for reimbursement are those courses for which the district
27 pays 50% or more of the program costs from unrestricted
28 revenue sources, with the exception of courses offered by
29 contract with the Department of Corrections in correctional
30 institutions. For the purposes of this Section, "unrestricted
31 revenue sources" means those revenues in which the provider
32 of the revenue imposes no financial limitations upon the
33 district as it relates to the expenditure of the funds.
-53- LRB093 03065 NHT 17280 a
1 Courses are not eligible for reimbursement where the district
2 receives federal or State financing or both, except financing
3 through the State Board, for 50% or more of the program costs
4 with the exception of courses offered by contract with the
5 Department of Corrections in correctional institutions. Base
6 operating grants shall be paid based on rates per funded
7 semester credit hour or equivalent calculated by the State
8 Board for funded instructional categories using cost of
9 instruction, enrollment, inflation, and other relevant
10 factors. A portion of the base operating grant shall be
11 allocated on the basis of non-residential gross square
12 footage of space maintained by the district.
13 Equalization grants shall be calculated by the State
14 Board by determining a local revenue factor for each district
15 by: (A) adding (1) each district's Corporate Personal
16 Property Replacement Fund allocations from the base fiscal
17 year or the average of the base fiscal year and prior year,
18 whichever is less, divided by the applicable statewide
19 average tax rate to (2) the district's most recently audited
20 year's equalized assessed valuation or the average of the
21 most recently audited year and prior year, whichever is less,
22 (B) then dividing by the district's audited full-time
23 equivalent resident students for the base fiscal year or the
24 average for the base fiscal year and the 2 prior fiscal
25 years, whichever is greater, and (C) then multiplying by the
26 applicable statewide average tax rate. The State Board shall
27 calculate a statewide weighted average threshold by applying
28 the same methodology to the totals of all districts'
29 Corporate Personal Property Tax Replacement Fund allocations,
30 equalized assessed valuations, and audited full-time
31 equivalent district resident students and multiplying by the
32 applicable statewide average tax rate. The difference
33 between the statewide weighted average threshold and the
34 local revenue factor, multiplied by the number of full-time
-54- LRB093 03065 NHT 17280 a
1 equivalent resident students, shall determine the amount of
2 equalization funding that each district is eligible to
3 receive. A percentage factor, as determined by the State
4 Board, may be applied to the statewide threshold as a method
5 for allocating equalization funding. A minimum equalization
6 grant of an amount per district as determined by the State
7 Board shall be established for any community college district
8 which qualifies for an equalization grant based upon the
9 preceding criteria, but becomes ineligible for equalization
10 funding, or would have received a grant of less than the
11 minimum equalization grant, due to threshold prorations
12 applied to reduce equalization funding. As of July 1, 2004, a
13 community college district must maintain a minimum required
14 combined in-district tuition and universal fee rate per
15 semester credit hour equal to 85% of the State-average
16 combined rate, as determined by the State Board, for
17 equalization funding. As of July 1, 2004, a community college
18 district must maintain a minimum required operating tax rate
19 equal to at least 95% of its maximum authorized tax rate to
20 qualify for equalization funding. This 95% minimum tax rate
21 requirement shall be based upon the maximum operating tax
22 rate as limited by the Property Tax Extension Limitation Law.
23 As of July 1, 1997, community college districts must
24 maintain a minimum required in-district tuition rate per
25 semester credit hour as determined by the State Board. For
26 each fiscal year between July 1, 1997 and June 30, 2001,
27 districts not meeting the minimum required rate will be
28 subject to a percent reduction of equalization funding as
29 determined by the State Board. As of July 1, 2001, districts
30 must meet the required minimum in-district tuition rate to
31 qualify for equalization funding.
32 The State Board shall distribute such other grants as may
33 be authorized or appropriated by the General Assembly.
34 Each community college district entitled to State grants
-55- LRB093 03065 NHT 17280 a
1 under this Section must submit a report of its enrollment to
2 the State Board not later than 30 days following the end of
3 each semester, quarter, or term in a format prescribed by the
4 State Board. These semester credit hours, or equivalent,
5 shall be certified by each district on forms provided by the
6 State Board. Each district's certified semester credit
7 hours, or equivalent, are subject to audit pursuant to
8 Section 3-22.1.
9 The State Board shall certify, prepare, and submit to the
10 State Comptroller during August, November, February, and May
11 of each fiscal year vouchers setting forth an amount equal to
12 25% of the grants approved by the State Board for base
13 operating grants and equalization grants. The State Board
14 shall prepare and submit to the State Comptroller vouchers
15 for payments of other grants as appropriated by the General
16 Assembly. If the amount appropriated for grants is different
17 from the amount provided for such grants under this Act, the
18 grants shall be proportionately reduced or increased
19 accordingly.
20 For the purposes of this Section, "resident student"
21 means a student in a community college district who maintains
22 residency in that district or meets other residency
23 definitions established by the State Board, and who was
24 enrolled either in one of the approved instructional program
25 categories in that district, or in another community college
26 district to which the resident's district is paying tuition
27 under Section 6-2 or with which the resident's district has
28 entered into a cooperative agreement in lieu of such tuition.
29 For the purposes of this Section, a "full-time
30 equivalent" student is equal to 30 semester credit hours.
31 The Illinois Community College Board Contracts and Grants
32 Fund is hereby created in the State Treasury. Items of
33 income to this fund shall include any grants, awards,
34 endowments, or like proceeds, and where appropriate, other
-56- LRB093 03065 NHT 17280 a
1 funds made available through contracts with governmental,
2 public, and private agencies or persons. The General
3 Assembly shall from time to time make appropriations payable
4 from such fund for the support, improvement, and expenses of
5 the State Board and Illinois community college districts.
6 (Source: P.A. 89-141, eff. 7-14-95; 89-281, eff. 8-10-95;
7 89-473, eff. 6-18-96; 89-626, eff. 8-9-96; 90-468, eff.
8 8-17-97; 90-486, eff. 8-17-97; 90-497, eff. 8-18-97; 90-587,
9 eff. 8-7-98 (contingent upon 90-720); 90-655, eff. 7-30-98;
10 90-720, eff. 8-7-98.)
11 (110 ILCS 805/2-20 new)
12 Sec. 2-20. Deferred maintenance grants. For fiscal year
13 2004 only, the State Board shall award a deferred maintenance
14 grant only to a district to which Article VII of this Act
15 applies, for that district's general purposes. This grant
16 shall be awarded under a formula determined by the State
17 Board.
18 Section 10-20. The Higher Education Student Assistance
19 Act is amended by changing Section 52 as follows:
20 (110 ILCS 947/52)
21 Sec. 52. Illinois Future Teacher CorpsITEACH Teacher
22 Shortage Scholarship Program.
23 (a) In order to encourage academically talented Illinois
24 students, especially minority students, to pursue teaching
25 careers, especially in teacher shortage disciplines (which
26 shall be defined to include early childhood education) or at
27 hard-to-staff schools (as defined by the Commission in
28 consultation with the State Board of Education), the
29 Commission shall, each year, receive and consider
30 applications for scholarship assistance under this Section.
31 An applicant is eligible for a scholarship under this Section
-57- LRB093 03065 NHT 17280 a
1 when the Commission finds that the applicant is:
2 (1) a United States citizen or eligible noncitizen;
3 (2) a resident of Illinois;
4 (3) a high school graduate or a person who has
5 received a General Educational Development Certificate;
6 (4) enrolled or accepted for enrollment at or above
7 the junior level, on at least a half-time basis, at an
8 Illinois institution of higher learning; and
9 (5) pursuing a postsecondary course of study
10 leading to initial certification in a teacher shortage
11 discipline or pursuing additional course work needed to
12 gain State Board of Education approval to teach,
13 including alternative teacher certification, in an
14 approved specialized area in which a teacher shortage
15 exists.
16 (b) Recipients shall be selected from among applicants
17 qualified pursuant to subsection (a) based on a combination
18 of the following criteria as set forth by the Commission: (1)
19 academic excellence; (2) status as a minority student as
20 defined in Section 50; and (3) financial need. Preference
21 may be given to previous recipients of assistance under this
22 Section, provided they continue to maintain eligibility and
23 maintain satisfactory academic progress as determined by the
24 institution of higher learning at which they enroll.
25 Preference may also be given to qualified applicants enrolled
26 at or above the junior level.
27 (c) Each scholarship awarded under this Section shall be
28 in an amount sufficient to pay the tuition and fees and room
29 and board costs of the Illinois institution of higher
30 learning at which the recipient is enrolled, up to an annual
31 maximum of $5,000; except that in the case of a recipient who
32 does not reside on-campus at the institution of higher
33 learning at which he or she is enrolled, the amount of the
34 scholarship shall be sufficient to pay tuition and fee
-58- LRB093 03065 NHT 17280 a
1 expenses and a commuter allowance, up to an annual maximum of
2 $5,000. For recipients who agree to teach in a teacher
3 shortage discipline or at a hard-to-staff school under
4 subsection (i) of this Section, the Commission may, by rule
5 and subject to appropriation, increase the annual maximum
6 amount to $10,000. If a recipient agrees to teach in both a
7 teacher shortage discipline and at a hard-to-staff school
8 under subsection (i) of this Section, the Commission may
9 increase the amount of the scholarship awarded by up to an
10 additional $5,000.
11 (d) The total amount of scholarship assistance awarded
12 by the Commission under this Section to an individual in any
13 given fiscal year, when added to other financial assistance
14 awarded to that individual for that year, shall not exceed
15 the cost of attendance at the institution of higher learning
16 at which the student is enrolled.
17 (e) A recipient may receive up to 48 semesters or 612
18 quarters of scholarship assistance under this Section.
19 (f) All applications for scholarship assistance to be
20 awarded under this Section shall be made to the Commission in
21 a form as set forth by the Commission. The form of
22 application and the information required to be set forth
23 therein shall be determined by the Commission, and the
24 Commission shall require eligible applicants to submit with
25 their applications such supporting documents as the
26 Commission deems necessary.
27 (g) Subject to a separate appropriation made for such
28 purposes, payment of any scholarship awarded under this
29 Section shall be determined by the Commission. There shall be
30 a separate appropriation made for scholarships awarded to
31 recipients who agree to teach in a teacher shortage
32 discipline or at a hard-to-staff school under subsection (i)
33 of this Section. The Commission may use for scholarship
34 assistance under this Section (i) all funds appropriated for
-59- LRB093 03065 NHT 17280 a
1 scholarships under this Section that were formerly known as
2 ITEACH Teacher Shortage Scholarships and (ii) all funds
3 appropriated for scholarships under Section 65.65 of this Act
4 (repealed by this amendatory Act of the 93rd General
5 Assembly), formerly known as Illinois Future Teacher Corps
6 Scholarships.
7 All scholarship funds distributed in accordance with this
8 Section shall be paid to the institution on behalf of the
9 recipients. Scholarship funds are applicable toward 2
10 semesters or 3 quarters of enrollment within an academic
11 year.
12 (h) The Commission shall administer the ITEACH Teacher
13 Shortage scholarship program established by this Section and
14 shall make all necessary and proper rules not inconsistent
15 with this Section for its effective implementation.
16 (i) Prior to receiving scholarship assistance for any
17 academic year, each recipient of a scholarship awarded under
18 this Section shall be required by the Commission to sign an
19 agreement under which the recipient pledges that, within the
20 one-year period following the termination of the academic
21 program for which the recipient was awarded a scholarship,
22 the recipient: (i) shall begin teaching in a teacher shortage
23 discipline for a period of not less than 5 yearsone year for
24 each year of scholarship assistance awarded under this
25 Section, (ii) shall fulfill this teaching obligation at a
26 nonprofit Illinois public, private, or parochial preschool or
27 an Illinois public elementary or secondary school, and (iii)
28 shall, upon request of the Commission, provide the Commission
29 with evidence that he or she is fulfilling or has fulfilled
30 the terms of the teaching agreement provided for in this
31 subsection.
32 (j) If a recipient of a scholarship awarded under this
33 Section fails to fulfill the teaching obligation set forth in
34 subsection (i) of this Section, the Commission shall require
-60- LRB093 03065 NHT 17280 a
1 the recipient to repay the amount of the scholarships
2 received, prorated according to the fraction of the teaching
3 obligation not completed, plus interest at a rate of 5% and
4 if applicable, reasonable collection fees. The Commission is
5 authorized to establish rules relating to its collection
6 activities for repayment of scholarships under this Section.
7 Payments received by the Commission under this subsection (j)
8 shall be remitted to the State Comptroller for deposit into
9 the General Revenue Fund, except that that portion of a
10 recipient's repayment that equals the amount in expenses that
11 the Commission has reasonably incurred in attempting
12 collection from that recipient shall be remitted to the State
13 Comptroller for deposit into the Commission's Accounts
14 Receivable Fund.
15 (k) A recipient of a scholarship awarded by the
16 Commission under this Section shall not be in violation of
17 the agreement entered into pursuant to subsection (i) if the
18 recipient (i) enrolls on a full-time basis as a graduate
19 student in a course of study related to the field of teaching
20 at an institution of higher learning; (ii) is serving as a
21 member of the armed services of the United States; (iii) is
22 temporarily totally disabled, as established by sworn
23 affidavit of a qualified physician; or (iv) is seeking and
24 unable to find full-time employment as a teacher at a school
25 that satisfies the criteria set forth in subsection (i) and
26 is able to provide evidence of that fact. Any such extension
27 of the period during which the teaching requirement must be
28 fulfilled shall be subject to limitations of duration as
29 established by the Commission.
30 (Source: P.A. 91-670, eff. 12-22-99; 92-845, eff. 1-1-03.)
31 Section 10-25. The Illinois Vehicle Code is amended by
32 changing 3-648 as follows:
-61- LRB093 03065 NHT 17280 a
1 (625 ILCS 5/3-648)
2 Sec. 3-648. Education license plates.
3 (a) The Secretary, upon receipt of an application made
4 in the form prescribed by the Secretary, may issue special
5 registration plates designated as Education license plates.
6 The special plates issued under this Section shall be affixed
7 only to passenger vehicles of the first division and motor
8 vehicles of the second division weighing not more than 8,000
9 pounds. Plates issued under this Section shall expire
10 according to the multi-year procedure established by Section
11 3-414.1 of this Code.
12 (b) The design and color of the plates shall be
13 determined by a contest that every elementary school pupil in
14 the State of Illinois is eligible to enter. The designs
15 submitted for the contest shall be judged on September 30,
16 2002, and the winning design shall be selected by a committee
17 composed of the Secretary, the Director of State Police, 2
18 members of the Senate, one member chosen by the President of
19 the Senate and one member chosen by the Senate Minority
20 Leader, and 2 members of the House of Representatives, one
21 member chosen by the Speaker of the House and one member
22 chosen by the House Minority Leader. The Secretary may allow
23 the plates to be issued as vanity or personalized plates
24 under Section 3-405.1 of the Code. The Secretary shall
25 prescribe stickers or decals as provided under Section 3-412
26 of this Code.
27 (c) An applicant for the special plate shall be charged
28 a $40 fee for original issuance, in addition to the
29 appropriate registration fee. Of this $40 additional original
30 issuance fee, $15 shall be deposited into the Secretary of
31 State Special License Plate Fund, to be used by the Secretary
32 to help defray the administrative processing costs, and $25
33 shall be deposited into the Illinois Future Teacher Corps
34 Scholarship Fund. For each registration renewal period, a
-62- LRB093 03065 NHT 17280 a
1 $40 fee, in addition to the appropriate registration fee,
2 shall be charged. Of this $40 additional renewal fee, $2
3 shall be deposited into the Secretary of State Special
4 License Plate Fund and $38 shall be deposited into the
5 Illinois Future Teacher Corps Scholarship Fund. Each fiscal
6 year, once deposits from the additional original issuance and
7 renewal fees into the Secretary of State Special License
8 Plate Fund have reached $500,000, all the amounts received
9 for the additional fees for the balance of the fiscal year
10 shall be deposited into the Illinois Future Teacher Corps
11 Scholarship Fund.
12 (d) The Illinois Future Teacher Corps Scholarship Fund
13 is created as a special fund in the State treasury.
14 Ninety-five percent of the moneys in the Illinois Future
15 Teacher Corps Scholarship Fund shall be appropriated to the
16 Illinois Student Assistance Commission for scholarships under
17 Section 52 or 65.65 of the Higher Education Student
18 Assistance Act, and 5% of the moneys in the Illinois Future
19 Teacher Corps Scholarship Fund shall be appropriated to the
20 State Board of Education for grants to the Golden Apple
21 Foundation for Excellence in Teaching, a recognized
22 charitable organization that meets the requirements of Title
23 26, Section 501(c)(3) of the United States Code.
24 (Source: P.A. 92-445, eff. 8-17-01; 92-651, eff. 7-11-02;
25 92-845, eff. 1-1-03.)
26 (110 ILCS 947/65.65 rep.)
27 Section 10-30. The Higher Education Student Assistance
28 Act is amended by repealing Section 65.65.
29 Article 99
30 Section 99-99. Effective date. This Act takes effect on
31 July 1, 2003.".
This site is maintained for the Illinois General Assembly
by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706
Contact ILGA Webmaster
Translate
