Illinois General Assembly - Full Text of HB2781
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Full Text of HB2781  99th General Assembly

HB2781eng 99TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
510-19, 10-29, 18-8.05, and 18-12 and by adding Section 10-20.56
6as follows:
 
7    (105 ILCS 5/10-19)  (from Ch. 122, par. 10-19)
8    Sec. 10-19. Length of school term - experimental programs.
9Each school board shall annually prepare a calendar for the
10school term, specifying the opening and closing dates and
11providing a minimum term of at least 185 days to insure 176
12days of actual pupil attendance, computable under Section
1318-8.05, except that for the 1980-1981 school year only 175
14days of actual pupil attendance shall be required because of
15the closing of schools pursuant to Section 24-2 on January 29,
161981 upon the appointment by the President of that day as a day
17of thanksgiving for the freedom of the Americans who had been
18held hostage in Iran. Any days allowed by law for teachers'
19institutes but not used as such or used as parental institutes
20as provided in Section 10-22.18d shall increase the minimum
21term by the school days not so used. Except as provided in
22Section 10-19.1, the board may not extend the school term
23beyond such closing date unless that extension of term is

 

 

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1necessary to provide the minimum number of computable days. In
2case of such necessary extension school employees shall be paid
3for such additional time on the basis of their regular
4contracts. A school board may specify a closing date earlier
5than that set on the annual calendar when the schools of the
6district have provided the minimum number of computable days
7under this Section. Nothing in this Section prevents the board
8from employing superintendents of schools, principals and
9other nonteaching personnel for a period of 12 months, or in
10the case of superintendents for a period in accordance with
11Section 10-23.8, or prevents the board from employing other
12personnel before or after the regular school term with payment
13of salary proportionate to that received for comparable work
14during the school term.
15    A school board may make such changes in its calendar for
16the school term as may be required by any changes in the legal
17school holidays prescribed in Section 24-2. A school board may
18make changes in its calendar for the school term as may be
19necessary to reflect the utilization of teachers' institute
20days as parental institute days as provided in Section
2110-22.18d.
22    The calendar for the school term and any changes must be
23submitted to and approved by the regional superintendent of
24schools before the calendar or changes may take effect.
25    With the prior approval of the State Board of Education and
26subject to review by the State Board of Education every 3

 

 

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1years, any school board may, by resolution of its board and in
2agreement with affected exclusive collective bargaining
3agents, establish experimental educational programs, including
4but not limited to programs for e-learning days as authorized
5under Section 10-20.56 of this Code, self-directed learning, or
6outside of formal class periods, which programs when so
7approved shall be considered to comply with the requirements of
8this Section as respects numbers of days of actual pupil
9attendance and with the other requirements of this Act as
10respects courses of instruction.
11(Source: P.A. 98-756, eff. 7-16-14.)
 
12    (105 ILCS 5/10-20.56 new)
13    Sec. 10-20.56. E-learning days.
14    (a) The State Board of Education shall establish and
15maintain, for implementation in selected school districts
16during the 2015-2016, 2016-2017, and 2017-2018 school years, a
17pilot program for use of e-learning days, as described in this
18Section. The State Superintendent of Education shall select at
19least 3 school districts for this program, at least one of
20which must be an elementary or unit school district. The pilot
21program shall conclude with the end of the 2017-2018 school
22year, and, in June of 2019, the State Board shall report to the
23General Assembly its recommendation for expansion, revision,
24or discontinuation of the program.
25    (b) The school board of a school district selected by the

 

 

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1State Superintendent under subsection (a) of this Section may,
2by resolution, adopt a research-based program or
3research-based programs for e-learning days district-wide that
4shall permit student instruction to be received
5electronically, and not while students are physically present
6at school, not to exceed 5 days, if the State Superintendent
7determines that the failure to provide the minimum school term
8as specified in Section 10-19 of this Code was occasioned by an
9act or acts of God or was occasioned by conditions beyond the
10control of the school district that posed a hazardous threat to
11the health and safety of pupils. The research-based programs
12must be submitted to the State Superintendent for approval on
13or before September 1st annually to ensure access for all
14students. The State Superintendent shall provide assurance
15that the specific needs of all students shall be met, including
16special education students and English learners, and that all
17mandates are still met using the proposed research-based
18programs. The e-learning program may utilize the Internet,
19telephones, texts, chat rooms, or other similar means of
20electronic communication for instruction and interaction
21between teachers and students that meet the needs of all
22learners.
23    (c) Before its adoption by a school board, a school
24district's initial proposal for an e-learning program or for
25renewal of such a program must be approved by the State Board
26of Education and shall follow a public hearing, at a regular or

 

 

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1special meeting of the school board, in which the terms of the
2proposal must be substantially presented and an opportunity for
3allowing public comments must be provided. Notice of such
4public hearing must be provided at least 10 days prior to the
5hearing by:
6        (1) publication in a newspaper of general circulation
7    in the school district;
8        (2) written or electronic notice designed to reach the
9    parents or guardians of all students enrolled in the school
10    district; and
11        (3) written or electronic notice designed to reach any
12    exclusive collective bargaining representatives of school
13    district employees and all those employees not in a
14    collective bargaining unit.
15    (d) A proposal for an e-learning program must be timely
16approved by the State Board of Education if the requirements
17specified in this Section have been met and if, in the view of
18the State Board of Education, the proposal contains provisions
19designed to reasonably and practicably accomplish the
20following:
21        (1) to ensure and verify at least 5 clock hours of
22    instruction or school work for each student participating
23    in an e-learning day;
24        (2) to ensure access from home or other appropriate
25    remote facility for all students participating, including
26    computers, the Internet, and other forms of electronic

 

 

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1    communication that must be utilized in the proposed
2    program;
3        (3) to ensure appropriate learning opportunities for
4    students with special needs;
5        (4) to monitor and verify each student's electronic
6    participation;
7        (5) to address the extent to which student
8    participation is within the student's control as to the
9    time, pace, and means of learning;
10        (6) to provide effective notice to students and their
11    parents or guardians of the use of particular days for
12    e-learning;
13        (7) to provide staff and students with adequate
14    training for e-learning days' participation;
15        (8) to ensure an opportunity for any collective
16    bargaining negotiations with representatives of the school
17    district's employees that would be legally required; and
18        (9) to review and revise the program as implemented to
19    address difficulties confronted.
20    The State Board of Education's approval of a school
21district's initial e-learning program and renewal of the
22e-learning program shall be for a term of 3 years.
23    (e) The State Board of Education may adopt rules governing
24its supervision and review of e-learning programs consistent
25with the provision of this Section. However, in the absence of
26such rules, school districts may submit proposals for State

 

 

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1Board of Education consideration under the authority of this
2Section.
 
3    (105 ILCS 5/10-29)
4    Sec. 10-29. Remote educational programs.
5    (a) For purposes of this Section, "remote educational
6program" means an educational program delivered to students in
7the home or other location outside of a school building that
8meets all of the following criteria:
9        (1) A student may participate in the program only after
10    the school district, pursuant to adopted school board
11    policy, and a person authorized to enroll the student under
12    Section 10-20.12b of this Code determine that a remote
13    educational program will best serve the student's
14    individual learning needs. The adopted school board policy
15    shall include, but not be limited to, all of the following:
16            (A) Criteria for determining that a remote
17        educational program will best serve a student's
18        individual learning needs. The criteria must include
19        consideration of, at a minimum, a student's prior
20        attendance, disciplinary record, and academic history.
21            (B) Any limitations on the number of students or
22        grade levels that may participate in a remote
23        educational program.
24            (C) A description of the process that the school
25        district will use to approve participation in the

 

 

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1        remote educational program. The process must include
2        without limitation a requirement that, for any student
3        who qualifies to receive services pursuant to the
4        federal Individuals with Disabilities Education
5        Improvement Act of 2004, the student's participation
6        in a remote educational program receive prior approval
7        from the student's individualized education program
8        team.
9            (D) A description of the process the school
10        district will use to develop and approve a written
11        remote educational plan that meets the requirements of
12        subdivision (5) of this subsection (a).
13            (E) A description of the system the school district
14        will establish to calculate the number of clock hours a
15        student is participating in instruction in accordance
16        with the remote educational program.
17            (F) A description of the process for renewing a
18        remote educational program at the expiration of its
19        term.
20            (G) Such other terms and provisions as the school
21        district deems necessary to provide for the
22        establishment and delivery of a remote educational
23        program.
24        (2) The school district has determined that the remote
25    educational program's curriculum is aligned to State
26    learning standards and that the program offers instruction

 

 

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1    and educational experiences consistent with those given to
2    students at the same grade level in the district.
3        (3) The remote educational program is delivered by
4    instructors that meet the following qualifications:
5            (A) they are certificated under Article 21 of this
6        Code;
7            (B) they meet applicable highly qualified criteria
8        under the federal No Child Left Behind Act of 2001; and
9            (C) they have responsibility for all of the
10        following elements of the program: planning
11        instruction, diagnosing learning needs, prescribing
12        content delivery through class activities, assessing
13        learning, reporting outcomes to administrators and
14        parents and guardians, and evaluating the effects of
15        instruction.
16        (4) During the period of time from and including the
17    opening date to the closing date of the regular school term
18    of the school district established pursuant to Section
19    10-19 of this Code, participation in a remote educational
20    program may be claimed for general State aid purposes under
21    Section 18-8.05 of this Code on any calendar day,
22    notwithstanding whether the day is a day of pupil
23    attendance or institute day on the school district's
24    calendar or any other provision of law restricting
25    instruction on that day. If the district holds year-round
26    classes in some buildings, the district shall classify each

 

 

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1    student's participation in a remote educational program as
2    either on a year-round or a non-year-round schedule for
3    purposes of claiming general State aid. Outside of the
4    regular school term of the district, the remote educational
5    program may be offered as part of any summer school program
6    authorized by this Code.
7        (5) Each student participating in a remote educational
8    program must have a written remote educational plan that
9    has been approved by the school district and a person
10    authorized to enroll the student under Section 10-20.12b of
11    this Code. The school district and a person authorized to
12    enroll the student under Section 10-20.12b of this Code
13    must approve any amendment to a remote educational plan.
14    The remote educational plan must include, but is not
15    limited to, all of the following:
16            (A) Specific achievement goals for the student
17        aligned to State learning standards.
18            (B) A description of all assessments that will be
19        used to measure student progress, which description
20        shall indicate the assessments that will be
21        administered at an attendance center within the school
22        district.
23            (C) A description of the progress reports that will
24        be provided to the school district and the person or
25        persons authorized to enroll the student under Section
26        10-20.12b of this Code.

 

 

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1            (D) Expectations, processes, and schedules for
2        interaction between a teacher and student.
3            (E) A description of the specific responsibilities
4        of the student's family and the school district with
5        respect to equipment, materials, phone and Internet
6        service, and any other requirements applicable to the
7        home or other location outside of a school building
8        necessary for the delivery of the remote educational
9        program.
10            (F) If applicable, a description of how the remote
11        educational program will be delivered in a manner
12        consistent with the student's individualized education
13        program required by Section 614(d) of the federal
14        Individuals with Disabilities Education Improvement
15        Act of 2004 or plan to ensure compliance with Section
16        504 of the federal Rehabilitation Act of 1973.
17            (G) A description of the procedures and
18        opportunities for participation in academic and
19        extra-curricular activities and programs within the
20        school district.
21            (H) The identification of a parent, guardian, or
22        other responsible adult who will provide direct
23        supervision of the program. The plan must include an
24        acknowledgment by the parent, guardian, or other
25        responsible adult that he or she may engage only in
26        non-teaching duties not requiring instructional

 

 

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1        judgment or the evaluation of a student. The plan shall
2        designate the parent, guardian, or other responsible
3        adult as non-teaching personnel or volunteer personnel
4        under subsection (a) of Section 10-22.34 of this Code.
5            (I) The identification of a school district
6        administrator who will oversee the remote educational
7        program on behalf of the school district and who may be
8        contacted by the student's parents with respect to any
9        issues or concerns with the program.
10            (J) The term of the student's participation in the
11        remote educational program, which may not extend for
12        longer than 12 months, unless the term is renewed by
13        the district in accordance with subdivision (7) of this
14        subsection (a).
15            (K) A description of the specific location or
16        locations in which the program will be delivered. If
17        the remote educational program is to be delivered to a
18        student in any location other than the student's home,
19        the plan must include a written determination by the
20        school district that the location will provide a
21        learning environment appropriate for the delivery of
22        the program. The location or locations in which the
23        program will be delivered shall be deemed a long
24        distance teaching reception area under subsection (a)
25        of Section 10-22.34 of this Code.
26            (L) Certification by the school district that the

 

 

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1        plan meets all other requirements of this Section.
2        (6) Students participating in a remote educational
3    program must be enrolled in a school district attendance
4    center pursuant to the school district's enrollment policy
5    or policies. A student participating in a remote
6    educational program must be tested as part of all
7    assessments administered by the school district pursuant
8    to Section 2-3.64a-5 of this Code at the attendance center
9    in which the student is enrolled and in accordance with the
10    attendance center's assessment policies and schedule. The
11    student must be included within all adequate yearly
12    progress and other accountability determinations for the
13    school district and attendance center under State and
14    federal law.
15        (7) The term of a student's participation in a remote
16    educational program may not extend for longer than 12
17    months, unless the term is renewed by the school district.
18    The district may only renew a student's participation in a
19    remote educational program following an evaluation of the
20    student's progress in the program, a determination that the
21    student's continuation in the program will best serve the
22    student's individual learning needs, and an amendment to
23    the student's written remote educational plan addressing
24    any changes for the upcoming term of the program.
25    For purposes of this Section, a remote educational program
26does not include instruction delivered to students through an

 

 

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1e-learning program approved under Section 10-20.56 of this
2Code.
3    (b) A school district may, by resolution of its school
4board, establish a remote educational program.
5    (c) Clock hours of instruction by students in a remote
6educational program meeting the requirements of this Section
7may be claimed by the school district and shall be counted as
8school work for general State aid purposes in accordance with
9and subject to the limitations of Section 18-8.05 of this Code.
10    (d) The impact of remote educational programs on wages,
11hours, and terms and conditions of employment of educational
12employees within the school district shall be subject to local
13collective bargaining agreements.
14    (e) The use of a home or other location outside of a school
15building for a remote educational program shall not cause the
16home or other location to be deemed a public school facility.
17    (f) A remote educational program may be used, but is not
18required, for instruction delivered to a student in the home or
19other location outside of a school building that is not claimed
20for general State aid purposes under Section 18-8.05 of this
21Code.
22    (g) School districts that, pursuant to this Section, adopt
23a policy for a remote educational program must submit to the
24State Board of Education a copy of the policy and any
25amendments thereto, as well as data on student participation in
26a format specified by the State Board of Education. The State

 

 

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1Board of Education may perform or contract with an outside
2entity to perform an evaluation of remote educational programs
3in this State.
4    (h) The State Board of Education may adopt any rules
5necessary to ensure compliance by remote educational programs
6with the requirements of this Section and other applicable
7legal requirements.
8(Source: P.A. 97-339, eff. 8-12-11; 98-972, eff. 8-15-14.)
 
9    (105 ILCS 5/18-8.05)
10    Sec. 18-8.05. Basis for apportionment of general State
11financial aid and supplemental general State aid to the common
12schools for the 1998-1999 and subsequent school years.
 
13(A) General Provisions.
14    (1) The provisions of this Section apply to the 1998-1999
15and subsequent school years. The system of general State
16financial aid provided for in this Section is designed to
17assure that, through a combination of State financial aid and
18required local resources, the financial support provided each
19pupil in Average Daily Attendance equals or exceeds a
20prescribed per pupil Foundation Level. This formula approach
21imputes a level of per pupil Available Local Resources and
22provides for the basis to calculate a per pupil level of
23general State financial aid that, when added to Available Local
24Resources, equals or exceeds the Foundation Level. The amount

 

 

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1of per pupil general State financial aid for school districts,
2in general, varies in inverse relation to Available Local
3Resources. Per pupil amounts are based upon each school
4district's Average Daily Attendance as that term is defined in
5this Section.
6    (2) In addition to general State financial aid, school
7districts with specified levels or concentrations of pupils
8from low income households are eligible to receive supplemental
9general State financial aid grants as provided pursuant to
10subsection (H). The supplemental State aid grants provided for
11school districts under subsection (H) shall be appropriated for
12distribution to school districts as part of the same line item
13in which the general State financial aid of school districts is
14appropriated under this Section.
15    (3) To receive financial assistance under this Section,
16school districts are required to file claims with the State
17Board of Education, subject to the following requirements:
18        (a) Any school district which fails for any given
19    school year to maintain school as required by law, or to
20    maintain a recognized school is not eligible to file for
21    such school year any claim upon the Common School Fund. In
22    case of nonrecognition of one or more attendance centers in
23    a school district otherwise operating recognized schools,
24    the claim of the district shall be reduced in the
25    proportion which the Average Daily Attendance in the
26    attendance center or centers bear to the Average Daily

 

 

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1    Attendance in the school district. A "recognized school"
2    means any public school which meets the standards as
3    established for recognition by the State Board of
4    Education. A school district or attendance center not
5    having recognition status at the end of a school term is
6    entitled to receive State aid payments due upon a legal
7    claim which was filed while it was recognized.
8        (b) School district claims filed under this Section are
9    subject to Sections 18-9 and 18-12, except as otherwise
10    provided in this Section.
11        (c) If a school district operates a full year school
12    under Section 10-19.1, the general State aid to the school
13    district shall be determined by the State Board of
14    Education in accordance with this Section as near as may be
15    applicable.
16        (d) (Blank).
17    (4) Except as provided in subsections (H) and (L), the
18board of any district receiving any of the grants provided for
19in this Section may apply those funds to any fund so received
20for which that board is authorized to make expenditures by law.
21    School districts are not required to exert a minimum
22Operating Tax Rate in order to qualify for assistance under
23this Section.
24    (5) As used in this Section the following terms, when
25capitalized, shall have the meaning ascribed herein:
26        (a) "Average Daily Attendance": A count of pupil

 

 

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1    attendance in school, averaged as provided for in
2    subsection (C) and utilized in deriving per pupil financial
3    support levels.
4        (b) "Available Local Resources": A computation of
5    local financial support, calculated on the basis of Average
6    Daily Attendance and derived as provided pursuant to
7    subsection (D).
8        (c) "Corporate Personal Property Replacement Taxes":
9    Funds paid to local school districts pursuant to "An Act in
10    relation to the abolition of ad valorem personal property
11    tax and the replacement of revenues lost thereby, and
12    amending and repealing certain Acts and parts of Acts in
13    connection therewith", certified August 14, 1979, as
14    amended (Public Act 81-1st S.S.-1).
15        (d) "Foundation Level": A prescribed level of per pupil
16    financial support as provided for in subsection (B).
17        (e) "Operating Tax Rate": All school district property
18    taxes extended for all purposes, except Bond and Interest,
19    Summer School, Rent, Capital Improvement, and Vocational
20    Education Building purposes.
 
21(B) Foundation Level.
22    (1) The Foundation Level is a figure established by the
23State representing the minimum level of per pupil financial
24support that should be available to provide for the basic
25education of each pupil in Average Daily Attendance. As set

 

 

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1forth in this Section, each school district is assumed to exert
2a sufficient local taxing effort such that, in combination with
3the aggregate of general State financial aid provided the
4district, an aggregate of State and local resources are
5available to meet the basic education needs of pupils in the
6district.
7    (2) For the 1998-1999 school year, the Foundation Level of
8support is $4,225. For the 1999-2000 school year, the
9Foundation Level of support is $4,325. For the 2000-2001 school
10year, the Foundation Level of support is $4,425. For the
112001-2002 school year and 2002-2003 school year, the Foundation
12Level of support is $4,560. For the 2003-2004 school year, the
13Foundation Level of support is $4,810. For the 2004-2005 school
14year, the Foundation Level of support is $4,964. For the
152005-2006 school year, the Foundation Level of support is
16$5,164. For the 2006-2007 school year, the Foundation Level of
17support is $5,334. For the 2007-2008 school year, the
18Foundation Level of support is $5,734. For the 2008-2009 school
19year, the Foundation Level of support is $5,959.
20    (3) For the 2009-2010 school year and each school year
21thereafter, the Foundation Level of support is $6,119 or such
22greater amount as may be established by law by the General
23Assembly.
 
24(C) Average Daily Attendance.
25    (1) For purposes of calculating general State aid pursuant

 

 

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1to subsection (E), an Average Daily Attendance figure shall be
2utilized. The Average Daily Attendance figure for formula
3calculation purposes shall be the monthly average of the actual
4number of pupils in attendance of each school district, as
5further averaged for the best 3 months of pupil attendance for
6each school district. In compiling the figures for the number
7of pupils in attendance, school districts and the State Board
8of Education shall, for purposes of general State aid funding,
9conform attendance figures to the requirements of subsection
10(F).
11    (2) The Average Daily Attendance figures utilized in
12subsection (E) shall be the requisite attendance data for the
13school year immediately preceding the school year for which
14general State aid is being calculated or the average of the
15attendance data for the 3 preceding school years, whichever is
16greater. The Average Daily Attendance figures utilized in
17subsection (H) shall be the requisite attendance data for the
18school year immediately preceding the school year for which
19general State aid is being calculated.
 
20(D) Available Local Resources.
21    (1) For purposes of calculating general State aid pursuant
22to subsection (E), a representation of Available Local
23Resources per pupil, as that term is defined and determined in
24this subsection, shall be utilized. Available Local Resources
25per pupil shall include a calculated dollar amount representing

 

 

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1local school district revenues from local property taxes and
2from Corporate Personal Property Replacement Taxes, expressed
3on the basis of pupils in Average Daily Attendance. Calculation
4of Available Local Resources shall exclude any tax amnesty
5funds received as a result of Public Act 93-26.
6    (2) In determining a school district's revenue from local
7property taxes, the State Board of Education shall utilize the
8equalized assessed valuation of all taxable property of each
9school district as of September 30 of the previous year. The
10equalized assessed valuation utilized shall be obtained and
11determined as provided in subsection (G).
12    (3) For school districts maintaining grades kindergarten
13through 12, local property tax revenues per pupil shall be
14calculated as the product of the applicable equalized assessed
15valuation for the district multiplied by 3.00%, and divided by
16the district's Average Daily Attendance figure. For school
17districts maintaining grades kindergarten through 8, local
18property tax revenues per pupil shall be calculated as the
19product of the applicable equalized assessed valuation for the
20district multiplied by 2.30%, and divided by the district's
21Average Daily Attendance figure. For school districts
22maintaining grades 9 through 12, local property tax revenues
23per pupil shall be the applicable equalized assessed valuation
24of the district multiplied by 1.05%, and divided by the
25district's Average Daily Attendance figure.
26    For partial elementary unit districts created pursuant to

 

 

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

 

 

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1Resources per pupil is less than the product of 0.93 times the
2Foundation Level, general State aid for that district shall be
3calculated as an amount equal to the Foundation Level minus
4Available Local Resources, multiplied by the Average Daily
5Attendance of the school district.
6    (3) For any school district for which Available Local
7Resources per pupil is equal to or greater than the product of
80.93 times the Foundation Level and less than the product of
91.75 times the Foundation Level, the general State aid per
10pupil shall be a decimal proportion of the Foundation Level
11derived using a linear algorithm. Under this linear algorithm,
12the calculated general State aid per pupil shall decline in
13direct linear fashion from 0.07 times the Foundation Level for
14a school district with Available Local Resources equal to the
15product of 0.93 times the Foundation Level, to 0.05 times the
16Foundation Level for a school district with Available Local
17Resources equal to the product of 1.75 times the Foundation
18Level. The allocation of general State aid for school districts
19subject to this paragraph 3 shall be the calculated general
20State aid per pupil figure multiplied by the Average Daily
21Attendance of the school district.
22    (4) For any school district for which Available Local
23Resources per pupil equals or exceeds the product of 1.75 times
24the Foundation Level, the general State aid for the school
25district shall be calculated as the product of $218 multiplied
26by the Average Daily Attendance of the school district.

 

 

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1    (5) The amount of general State aid allocated to a school
2district for the 1999-2000 school year meeting the requirements
3set forth in paragraph (4) of subsection (G) shall be increased
4by an amount equal to the general State aid that would have
5been received by the district for the 1998-1999 school year by
6utilizing the Extension Limitation Equalized Assessed
7Valuation as calculated in paragraph (4) of subsection (G) less
8the general State aid allotted for the 1998-1999 school year.
9This amount shall be deemed a one time increase, and shall not
10affect any future general State aid allocations.
 
11(F) Compilation of Average Daily Attendance.
12    (1) Each school district shall, by July 1 of each year,
13submit to the State Board of Education, on forms prescribed by
14the State Board of Education, attendance figures for the school
15year that began in the preceding calendar year. The attendance
16information so transmitted shall identify the average daily
17attendance figures for each month of the school year. Beginning
18with the general State aid claim form for the 2002-2003 school
19year, districts shall calculate Average Daily Attendance as
20provided in subdivisions (a), (b), and (c) of this paragraph
21(1).
22        (a) In districts that do not hold year-round classes,
23    days of attendance in August shall be added to the month of
24    September and any days of attendance in June shall be added
25    to the month of May.

 

 

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1        (b) In districts in which all buildings hold year-round
2    classes, days of attendance in July and August shall be
3    added to the month of September and any days of attendance
4    in June shall be added to the month of May.
5        (c) In districts in which some buildings, but not all,
6    hold year-round classes, for the non-year-round buildings,
7    days of attendance in August shall be added to the month of
8    September and any days of attendance in June shall be added
9    to the month of May. The average daily attendance for the
10    year-round buildings shall be computed as provided in
11    subdivision (b) of this paragraph (1). To calculate the
12    Average Daily Attendance for the district, the average
13    daily attendance for the year-round buildings shall be
14    multiplied by the days in session for the non-year-round
15    buildings for each month and added to the monthly
16    attendance of the non-year-round buildings.
17    Except as otherwise provided in this Section, days of
18attendance by pupils shall be counted only for sessions of not
19less than 5 clock hours of school work per day under direct
20supervision of: (i) teachers, or (ii) non-teaching personnel or
21volunteer personnel when engaging in non-teaching duties and
22supervising in those instances specified in subsection (a) of
23Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
24of legal school age and in kindergarten and grades 1 through
2512. Days of attendance by pupils through verified participation
26in an e-learning program approved by the State Board of

 

 

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1Education under Section 10-20.56 of the Code shall be
2considered as full days of attendance for purposes of this
3Section.
4    Days of attendance by tuition pupils shall be accredited
5only to the districts that pay the tuition to a recognized
6school.
7    (2) Days of attendance by pupils of less than 5 clock hours
8of school shall be subject to the following provisions in the
9compilation of Average Daily Attendance.
10        (a) Pupils regularly enrolled in a public school for
11    only a part of the school day may be counted on the basis
12    of 1/6 day for every class hour of instruction of 40
13    minutes or more attended pursuant to such enrollment,
14    unless a pupil is enrolled in a block-schedule format of 80
15    minutes or more of instruction, in which case the pupil may
16    be counted on the basis of the proportion of minutes of
17    school work completed each day to the minimum number of
18    minutes that school work is required to be held that day.
19        (b) (Blank).
20        (c) A session of 4 or more clock hours may be counted
21    as a day of attendance upon certification by the regional
22    superintendent, and approved by the State Superintendent
23    of Education to the extent that the district has been
24    forced to use daily multiple sessions.
25        (d) A session of 3 or more clock hours may be counted
26    as a day of attendance (1) when the remainder of the school

 

 

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

 

 

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1    provided in items (1) and (1.5) are scheduled by a school
2    pursuant to its school improvement plan adopted under
3    Article 34 or its revised or amended school improvement
4    plan adopted under Article 2, provided that (i) such
5    sessions of 3 or more clock hours are scheduled to occur at
6    regular intervals, (ii) the remainder of the school days in
7    which such sessions occur are utilized for in-service
8    training programs or other staff development activities
9    for teachers, and (iii) a sufficient number of minutes of
10    school work under the direct supervision of teachers are
11    added to the school days between such regularly scheduled
12    sessions to accumulate not less than the number of minutes
13    by which such sessions of 3 or more clock hours fall short
14    of 5 clock hours. Any full days used for the purposes of
15    this paragraph shall not be considered for computing
16    average daily attendance. Days scheduled for in-service
17    training programs, staff development activities, or
18    parent-teacher conferences may be scheduled separately for
19    different grade levels and different attendance centers of
20    the district.
21        (e) A session of not less than one clock hour of
22    teaching hospitalized or homebound pupils on-site or by
23    telephone to the classroom may be counted as 1/2 day of
24    attendance, however these pupils must receive 4 or more
25    clock hours of instruction to be counted for a full day of
26    attendance.

 

 

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

 

 

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1    fifth year whose educational development requires a second
2    year of kindergarten as determined under the rules and
3    regulations of the State Board of Education.
4        (i) On the days when the assessment that includes a
5    college and career ready determination is administered
6    under subsection (c) of Section 2-3.64a-5 of this Code, the
7    day of attendance for a pupil whose school day must be
8    shortened to accommodate required testing procedures may
9    be less than 5 clock hours and shall be counted towards the
10    176 days of actual pupil attendance required under Section
11    10-19 of this Code, provided that a sufficient number of
12    minutes of school work in excess of 5 clock hours are first
13    completed on other school days to compensate for the loss
14    of school work on the examination days.
15        (j) Pupils enrolled in a remote educational program
16    established under Section 10-29 of this Code may be counted
17    on the basis of one-fifth day of attendance for every clock
18    hour of instruction attended in the remote educational
19    program, provided that, in any month, the school district
20    may not claim for a student enrolled in a remote
21    educational program more days of attendance than the
22    maximum number of days of attendance the district can claim
23    (i) for students enrolled in a building holding year-round
24    classes if the student is classified as participating in
25    the remote educational program on a year-round schedule or
26    (ii) for students enrolled in a building not holding

 

 

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1    year-round classes if the student is not classified as
2    participating in the remote educational program on a
3    year-round schedule.
 
4(G) Equalized Assessed Valuation Data.
5    (1) For purposes of the calculation of Available Local
6Resources required pursuant to subsection (D), the State Board
7of Education shall secure from the Department of Revenue the
8value as equalized or assessed by the Department of Revenue of
9all taxable property of every school district, together with
10(i) the applicable tax rate used in extending taxes for the
11funds of the district as of September 30 of the previous year
12and (ii) the limiting rate for all school districts subject to
13property tax extension limitations as imposed under the
14Property Tax Extension Limitation Law.
15    The Department of Revenue shall add to the equalized
16assessed value of all taxable property of each school district
17situated entirely or partially within a county that is or was
18subject to the provisions of Section 15-176 or 15-177 of the
19Property Tax Code (a) an amount equal to the total amount by
20which the homestead exemption allowed under Section 15-176 or
2115-177 of the Property Tax Code for real property situated in
22that school district exceeds the total amount that would have
23been allowed in that school district if the maximum reduction
24under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
25all other counties in tax year 2003 or (ii) $5,000 in all

 

 

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1counties in tax year 2004 and thereafter and (b) an amount
2equal to the aggregate amount for the taxable year of all
3additional exemptions under Section 15-175 of the Property Tax
4Code for owners with a household income of $30,000 or less. The
5county clerk of any county that is or was subject to the
6provisions of Section 15-176 or 15-177 of the Property Tax Code
7shall annually calculate and certify to the Department of
8Revenue for each school district all homestead exemption
9amounts under Section 15-176 or 15-177 of the Property Tax Code
10and all amounts of additional exemptions under Section 15-175
11of the Property Tax Code for owners with a household income of
12$30,000 or less. It is the intent of this paragraph that if the
13general homestead exemption for a parcel of property is
14determined under Section 15-176 or 15-177 of the Property Tax
15Code rather than Section 15-175, then the calculation of
16Available Local Resources shall not be affected by the
17difference, if any, between the amount of the general homestead
18exemption allowed for that parcel of property under Section
1915-176 or 15-177 of the Property Tax Code and the amount that
20would have been allowed had the general homestead exemption for
21that parcel of property been determined under Section 15-175 of
22the Property Tax Code. It is further the intent of this
23paragraph that if additional exemptions are allowed under
24Section 15-175 of the Property Tax Code for owners with a
25household income of less than $30,000, then the calculation of
26Available Local Resources shall not be affected by the

 

 

HB2781 Engrossed- 33 -LRB099 07673 SXM 27805 b

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

 

 

HB2781 Engrossed- 34 -LRB099 07673 SXM 27805 b

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

 

 

HB2781 Engrossed- 35 -LRB099 07673 SXM 27805 b

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

 

 

HB2781 Engrossed- 36 -LRB099 07673 SXM 27805 b

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

 

 

HB2781 Engrossed- 37 -LRB099 07673 SXM 27805 b

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

 

 

HB2781 Engrossed- 38 -LRB099 07673 SXM 27805 b

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

 

 

HB2781 Engrossed- 39 -LRB099 07673 SXM 27805 b

1be prorated if they exceed $14,000,000.
 
2(H) Supplemental General State Aid.
3    (1) In addition to the general State aid a school district
4is allotted pursuant to subsection (E), qualifying school
5districts shall receive a grant, paid in conjunction with a
6district's payments of general State aid, for supplemental
7general State aid based upon the concentration level of
8children from low-income households within the school
9district. Supplemental State aid grants provided for school
10districts under this subsection shall be appropriated for
11distribution to school districts as part of the same line item
12in which the general State financial aid of school districts is
13appropriated under this Section.
14    (1.5) This paragraph (1.5) applies only to those school
15years preceding the 2003-2004 school year. For purposes of this
16subsection (H), the term "Low-Income Concentration Level"
17shall be the low-income eligible pupil count from the most
18recently available federal census divided by the Average Daily
19Attendance of the school district. If, however, (i) the
20percentage decrease from the 2 most recent federal censuses in
21the low-income eligible pupil count of a high school district
22with fewer than 400 students exceeds by 75% or more the
23percentage change in the total low-income eligible pupil count
24of contiguous elementary school districts, whose boundaries
25are coterminous with the high school district, or (ii) a high

 

 

HB2781 Engrossed- 40 -LRB099 07673 SXM 27805 b

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

 

 

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1count as of July 1 of the immediately preceding fiscal year (as
2determined by the Department of Human Services based on the
3number of pupils who are eligible for at least one of the
4following low income programs: Medicaid, the Children's Health
5Insurance Program, TANF, or Food Stamps, excluding pupils who
6are eligible for services provided by the Department of
7Children and Family Services, averaged over the 2 immediately
8preceding fiscal years for fiscal year 2004 and over the 3
9immediately preceding fiscal years for each fiscal year
10thereafter) divided by the Average Daily Attendance of the
11school district.
12    (2) Supplemental general State aid pursuant to this
13subsection (H) shall be provided as follows for the 1998-1999,
141999-2000, and 2000-2001 school years only:
15        (a) For any school district with a Low Income
16    Concentration Level of at least 20% and less than 35%, the
17    grant for any school year shall be $800 multiplied by the
18    low income eligible pupil count.
19        (b) For any school district with a Low Income
20    Concentration Level of at least 35% and less than 50%, the
21    grant for the 1998-1999 school year shall be $1,100
22    multiplied by the low income eligible pupil count.
23        (c) For any school district with a Low Income
24    Concentration Level of at least 50% and less than 60%, the
25    grant for the 1998-99 school year shall be $1,500
26    multiplied by the low income eligible pupil count.

 

 

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

 

 

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

 

 

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1    For the 2003-2004 school year and each school year
2thereafter through the 2008-2009 school year only, the grant
3shall be no less than the grant for the 2002-2003 school year.
4For the 2009-2010 school year only, the grant shall be no less
5than the grant for the 2002-2003 school year multiplied by
60.66. For the 2010-2011 school year only, the grant shall be no
7less than the grant for the 2002-2003 school year multiplied by
80.33. Notwithstanding the provisions of this paragraph to the
9contrary, if for any school year supplemental general State aid
10grants are prorated as provided in paragraph (1) of this
11subsection (H), then the grants under this paragraph shall be
12prorated.
13    For the 2003-2004 school year only, the grant shall be no
14greater than the grant received during the 2002-2003 school
15year added to the product of 0.25 multiplied by the difference
16between the grant amount calculated under subsection (a) or (b)
17of this paragraph (2.10), whichever is applicable, and the
18grant received during the 2002-2003 school year. For the
192004-2005 school year only, the grant shall be no greater than
20the grant received during the 2002-2003 school year added to
21the product of 0.50 multiplied by the difference between the
22grant amount calculated under subsection (a) or (b) of this
23paragraph (2.10), whichever is applicable, and the grant
24received during the 2002-2003 school year. For the 2005-2006
25school year only, the grant shall be no greater than the grant
26received during the 2002-2003 school year added to the product

 

 

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1of 0.75 multiplied by the difference between the grant amount
2calculated under subsection (a) or (b) of this paragraph
3(2.10), whichever is applicable, and the grant received during
4the 2002-2003 school year.
5    (3) School districts with an Average Daily Attendance of
6more than 1,000 and less than 50,000 that qualify for
7supplemental general State aid pursuant to this subsection
8shall submit a plan to the State Board of Education prior to
9October 30 of each year for the use of the funds resulting from
10this grant of supplemental general State aid for the
11improvement of instruction in which priority is given to
12meeting the education needs of disadvantaged children. Such
13plan shall be submitted in accordance with rules and
14regulations promulgated by the State Board of Education.
15    (4) School districts with an Average Daily Attendance of
1650,000 or more that qualify for supplemental general State aid
17pursuant to this subsection shall be required to distribute
18from funds available pursuant to this Section, no less than
19$261,000,000 in accordance with the following requirements:
20        (a) The required amounts shall be distributed to the
21    attendance centers within the district in proportion to the
22    number of pupils enrolled at each attendance center who are
23    eligible to receive free or reduced-price lunches or
24    breakfasts under the federal Child Nutrition Act of 1966
25    and under the National School Lunch Act during the
26    immediately preceding school year.

 

 

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

 

 

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

 

 

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

 

 

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1    plan, if feasible, or by adjustment in the plan for the
2    following year. Failure to provide the expenditure report
3    or the notification of remedial or corrective action in a
4    timely manner shall result in a withholding of the affected
5    funds.
6        The State Board of Education shall promulgate rules and
7    regulations to implement the provisions of this
8    subsection. No funds shall be released under this
9    subdivision (H)(4) to any district that has not submitted a
10    plan that has been approved by the State Board of
11    Education.
 
12(I) (Blank).
 
13(J) (Blank).
 
14(K) Grants to Laboratory and Alternative Schools.
15    In calculating the amount to be paid to the governing board
16of a public university that operates a laboratory school under
17this Section or to any alternative school that is operated by a
18regional superintendent of schools, the State Board of
19Education shall require by rule such reporting requirements as
20it deems necessary.
21    As used in this Section, "laboratory school" means a public
22school which is created and operated by a public university and
23approved by the State Board of Education. The governing board

 

 

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

 

 

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1provided by the State Superintendent of Education, an annual
2State aid claim which states the Average Daily Attendance of
3the school's students by month. The best 3 months' Average
4Daily Attendance shall be computed for each school. The general
5State aid entitlement shall be computed by multiplying the
6applicable Average Daily Attendance by the Foundation Level as
7determined under this Section.
 
8(L) Payments, Additional Grants in Aid and Other Requirements.
9    (1) For a school district operating under the financial
10supervision of an Authority created under Article 34A, the
11general State aid otherwise payable to that district under this
12Section, but not the supplemental general State aid, shall be
13reduced by an amount equal to the budget for the operations of
14the Authority as certified by the Authority to the State Board
15of Education, and an amount equal to such reduction shall be
16paid to the Authority created for such district for its
17operating expenses in the manner provided in Section 18-11. The
18remainder of general State school aid for any such district
19shall be paid in accordance with Article 34A when that Article
20provides for a disposition other than that provided by this
21Article.
22    (2) (Blank).
23    (3) Summer school. Summer school payments shall be made as
24provided in Section 18-4.3.
 

 

 

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1(M) Education Funding Advisory Board.
2    The Education Funding Advisory Board, hereinafter in this
3subsection (M) referred to as the "Board", is hereby created.
4The Board shall consist of 5 members who are appointed by the
5Governor, by and with the advice and consent of the Senate. The
6members appointed shall include representatives of education,
7business, and the general public. One of the members so
8appointed shall be designated by the Governor at the time the
9appointment is made as the chairperson of the Board. The
10initial members of the Board may be appointed any time after
11the effective date of this amendatory Act of 1997. The regular
12term of each member of the Board shall be for 4 years from the
13third Monday of January of the year in which the term of the
14member's appointment is to commence, except that of the 5
15initial members appointed to serve on the Board, the member who
16is appointed as the chairperson shall serve for a term that
17commences on the date of his or her appointment and expires on
18the third Monday of January, 2002, and the remaining 4 members,
19by lots drawn at the first meeting of the Board that is held
20after all 5 members are appointed, shall determine 2 of their
21number to serve for terms that commence on the date of their
22respective appointments and expire on the third Monday of
23January, 2001, and 2 of their number to serve for terms that
24commence on the date of their respective appointments and
25expire on the third Monday of January, 2000. All members
26appointed to serve on the Board shall serve until their

 

 

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

 

 

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1foundation level under subdivision (B)(3) of this Section and
2for the supplemental general State aid grant level under
3subsection (H) of this Section for districts with high
4concentrations of children from poverty. The recommended
5foundation level shall be determined based on a methodology
6which incorporates the basic education expenditures of
7low-spending schools exhibiting high academic performance. The
8Education Funding Advisory Board shall make such
9recommendations to the General Assembly on January 1 of odd
10numbered years, beginning January 1, 2001.
 
11(N) (Blank).
 
12(O) References.
13    (1) References in other laws to the various subdivisions of
14Section 18-8 as that Section existed before its repeal and
15replacement by this Section 18-8.05 shall be deemed to refer to
16the corresponding provisions of this Section 18-8.05, to the
17extent that those references remain applicable.
18    (2) References in other laws to State Chapter 1 funds shall
19be deemed to refer to the supplemental general State aid
20provided under subsection (H) of this Section.
 
21(P) Public Act 93-838 and Public Act 93-808 make inconsistent
22changes to this Section. Under Section 6 of the Statute on
23Statutes there is an irreconcilable conflict between Public Act

 

 

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193-808 and Public Act 93-838. Public Act 93-838, being the last
2acted upon, is controlling. The text of Public Act 93-838 is
3the law regardless of the text of Public Act 93-808.
 
4(Q) State Fiscal Year 2015 Payments.
5    For payments made for State fiscal year 2015, the State
6Board of Education shall, for each school district, calculate
7that district's pro-rata share of a minimum sum of $13,600,000
8or additional amounts as needed from the total net General
9State Aid funding as calculated under this Section that shall
10be deemed attributable to the provision of special educational
11facilities and services, as defined in Section 14-1.08 of this
12Code, in a manner that ensures compliance with maintenance of
13State financial support requirements under the federal
14Individuals with Disabilities Education Act. Each school
15district must use such funds only for the provision of special
16educational facilities and services, as defined in Section
1714-1.08 of this Code, and must comply with any expenditure
18verification procedures adopted by the State Board of
19Education.
20(Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15.)
 
21    (105 ILCS 5/18-12)  (from Ch. 122, par. 18-12)
22    Sec. 18-12. Dates for filing State aid claims. The school
23board of each school district shall require teachers,
24principals, or superintendents to furnish from records kept by

 

 

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1them such data as it needs in preparing and certifying to the
2regional superintendent its school district report of claims
3provided in Sections 18-8.05 through 18-9 as required by the
4State Superintendent of Education. The district claim shall be
5based on the latest available equalized assessed valuation and
6tax rates, as provided in Section 18-8.05 and shall use the
7average daily attendance as determined by the method outlined
8in Section 18-8.05 and shall be certified and filed with the
9regional superintendent by June 21 for districts with an
10official school calendar end date before June 15 or within 2
11weeks following the official school calendar end date for
12districts with a school year end date of June 15 or later. The
13regional superintendent shall certify and file with the State
14Superintendent of Education district State aid claims by July 1
15for districts with an official school calendar end date before
16June 15 or no later than July 15 for districts with an official
17school calendar end date of June 15 or later. Failure to so
18file by these deadlines constitutes a forfeiture of the right
19to receive payment by the State until such claim is filed and
20vouchered for payment. The regional superintendent of schools
21shall certify the county report of claims by July 15; and the
22State Superintendent of Education shall voucher for payment
23those claims to the State Comptroller as provided in Section
2418-11.
25    Except as otherwise provided in this Section, if any school
26district fails to provide the minimum school term specified in

 

 

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1Section 10-19, the State aid claim for that year shall be
2reduced by the State Superintendent of Education in an amount
3equivalent to 1/176 or .56818% for each day less than the
4number of days required by this Code.
5    If the State Superintendent of Education determines that
6the failure to provide the minimum school term was occasioned
7by an act or acts of God, or was occasioned by conditions
8beyond the control of the school district which posed a
9hazardous threat to the health and safety of pupils, the State
10aid claim need not be reduced.
11    If a school district is precluded from providing the
12minimum hours of instruction required for a full day of
13attendance due to an adverse weather condition or a condition
14beyond the control of the school district that poses a
15hazardous threat to the health and safety of students, then the
16partial day of attendance may be counted if (i) the school
17district has provided at least one hour of instruction prior to
18the closure of the school district, (ii) a school building has
19provided at least one hour of instruction prior to the closure
20of the school building, or (iii) the normal start time of the
21school district is delayed.
22    If, prior to providing any instruction, a school district
23must close one or more but not all school buildings after
24consultation with a local emergency response agency or due to a
25condition beyond the control of the school district, then the
26school district may claim attendance for up to 2 school days

 

 

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1based on the average attendance of the 3 school days
2immediately preceding the closure of the affected school
3building or, if approved by the State Board of Education,
4utilize the provisions of an e-learning program for the
5affected school building as prescribed in Section 10-20.56 of
6this Code. The partial or no day of attendance described in
7this Section and the reasons therefore shall be certified
8within a month of the closing or delayed start by the school
9district superintendent to the regional superintendent of
10schools for forwarding to the State Superintendent of Education
11for approval.
12    Other than the utilization of any e-learning days as
13prescribed in Section 10-20.56 of this Code, no No exception to
14the requirement of providing a minimum school term may be
15approved by the State Superintendent of Education pursuant to
16this Section unless a school district has first used all
17emergency days provided for in its regular calendar.
18    If the State Superintendent of Education declares that an
19energy shortage exists during any part of the school year for
20the State or a designated portion of the State, a district may
21operate the school attendance centers within the district 4
22days of the week during the time of the shortage by extending
23each existing school day by one clock hour of school work, and
24the State aid claim shall not be reduced, nor shall the
25employees of that district suffer any reduction in salary or
26benefits as a result thereof. A district may operate all

 

 

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1attendance centers on this revised schedule, or may apply the
2schedule to selected attendance centers, taking into
3consideration such factors as pupil transportation schedules
4and patterns and sources of energy for individual attendance
5centers.
6    Electronically submitted State aid claims shall be
7submitted by duly authorized district or regional individuals
8over a secure network that is password protected. The
9electronic submission of a State aid claim must be accompanied
10with an affirmation that all of the provisions of Sections
1118-8.05 through 18-9, 10-22.5, and 24-4 of this Code are met in
12all respects.
13(Source: P.A. 95-152, eff. 8-14-07; 95-811, eff. 8-13-08;
1495-876, eff. 8-21-08; 96-734, eff. 8-25-09.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.