HB2781ham001 99TH GENERAL ASSEMBLY

Rep. Mike Fortner

Filed: 3/12/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2781

2    AMENDMENT NO. ______. Amend House Bill 2781 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Sections
510-19, 10-29, and 18-8.05 and by adding Section 10-20.56 as
6follows:
 
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

 

 

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1of thanksgiving for the freedom of the Americans who had been
2held hostage in Iran. Any days allowed by law for teachers'
3institutes but not used as such or used as parental institutes
4as provided in Section 10-22.18d shall increase the minimum
5term by the school days not so used. Except as provided in
6Section 10-19.1, the board may not extend the school term
7beyond such closing date unless that extension of term is
8necessary to provide the minimum number of computable days. In
9case of such necessary extension school employees shall be paid
10for such additional time on the basis of their regular
11contracts. A school board may specify a closing date earlier
12than that set on the annual calendar when the schools of the
13district have provided the minimum number of computable days
14under this Section. Nothing in this Section prevents the board
15from employing superintendents of schools, principals and
16other nonteaching personnel for a period of 12 months, or in
17the case of superintendents for a period in accordance with
18Section 10-23.8, or prevents the board from employing other
19personnel before or after the regular school term with payment
20of salary proportionate to that received for comparable work
21during the school term.
22    A school board may make such changes in its calendar for
23the school term as may be required by any changes in the legal
24school holidays prescribed in Section 24-2. A school board may
25make changes in its calendar for the school term as may be
26necessary to reflect the utilization of teachers' institute

 

 

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1days as parental institute days as provided in Section
210-22.18d.
3    The calendar for the school term and any changes must be
4submitted to and approved by the regional superintendent of
5schools before the calendar or changes may take effect.
6    With the prior approval of the State Board of Education and
7subject to review by the State Board of Education every 3
8years, any school board may, by resolution of its board and in
9agreement with affected exclusive collective bargaining
10agents, establish experimental educational programs, including
11but not limited to programs for e-learning days as authorized
12under Section 10-20.56 of this Code, self-directed learning, or
13outside of formal class periods, which programs when so
14approved shall be considered to comply with the requirements of
15this Section as respects numbers of days of actual pupil
16attendance and with the other requirements of this Act as
17respects courses of instruction.
18(Source: P.A. 98-756, eff. 7-16-14.)
 
19    (105 ILCS 5/10-20.56 new)
20    Sec. 10-20.56. E-learning days.
21    (a) A school board may, by resolution, adopt a program for
22e-learning days that shall permit students as a group to
23receive instruction electronically, and not while physically
24present at school, for a limited number of days, not to exceed
255 days, during a school year. An e-learning program may utilize

 

 

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1the Internet, telephones, texts, chat rooms, or other similar
2means of electronic communication for instruction and
3interaction between teachers and students. The days selected
4for e-learning may be days specifically scheduled as part of
5the approved school calendar, days selected on short notice due
6to inclement weather, unanticipated unavailability of school
7facilities, or a combination thereof.
8    (b) Before its adoption by a school board, a school
9district's initial proposal for an e-learning program or for
10renewal of such a program must be approved by the State Board
11of Education and shall follow a public hearing, at a regular or
12special meeting of the school board, in which the terms of the
13proposal must be substantially presented and an opportunity for
14allowing public comments must be provided. Notice of such
15public hearing must be provided at least 10 days prior to the
16hearing by:
17        (1) publication in a newspaper of general circulation
18    in the school district;
19        (2) written or electronic notice designed to reach the
20    parents or guardians of all students enrolled in the school
21    district; and
22        (3) written or electronic notice designed to reach any
23    exclusive collective bargaining representatives of school
24    district employees and all those employees not in a
25    collective bargaining unit.
26    (c) A proposal for an e-learning program must be timely

 

 

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1approved by the State Board of Education if the requirements
2specified in this Section have been met and if, in the view of
3the State Board of Education, the proposal contains provisions
4designed to reasonably and practicably accomplish the
5following:
6        (1) to ensure and verify at least 5 clock hours of
7    instruction or school work for each student participating
8    in an e-learning day;
9        (2) to ensure access from home or other appropriate
10    remote facility for all students participating, including
11    computers, the Internet, and other forms of electronic
12    communication that must be utilized in the proposed
13    program;
14        (3) to ensure appropriate learning opportunities for
15    students with special needs;
16        (4) to monitor and verify each student's electronic
17    participation;
18        (5) to address the extent to which student
19    participation is within the student's control as to the
20    time, pace, and means of learning;
21        (6) to provide effective notice to students and their
22    parents or guardians of the use of particular days for
23    e-learning;
24        (7) to provide staff and students with adequate
25    training for e-learning days' participation;
26        (8) to ensure an opportunity for any collective

 

 

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1    bargaining negotiations with representatives of the school
2    district's employees that would be legally required; and
3        (9) to review and revise the program as implemented to
4    address difficulties confronted.
5    The State Board of Education's approval of a school
6district's initial e-learning program and renewal of the
7e-learning program shall be for a term of 3 years.
8    (d) The State Board of Education may adopt rules governing
9its supervision and review of e-learning programs consistent
10with the provision of this Section. However, in the absence of
11such rules, school districts may submit proposals for State
12Board of Education consideration under the authority of this
13Section.
 
14    (105 ILCS 5/10-29)
15    Sec. 10-29. Remote educational programs.
16    (a) For purposes of this Section, "remote educational
17program" means an educational program delivered to students in
18the home or other location outside of a school building that
19meets all of the following criteria:
20        (1) A student may participate in the program only after
21    the school district, pursuant to adopted school board
22    policy, and a person authorized to enroll the student under
23    Section 10-20.12b of this Code determine that a remote
24    educational program will best serve the student's
25    individual learning needs. The adopted school board policy

 

 

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1    shall include, but not be limited to, all of the following:
2            (A) Criteria for determining that a remote
3        educational program will best serve a student's
4        individual learning needs. The criteria must include
5        consideration of, at a minimum, a student's prior
6        attendance, disciplinary record, and academic history.
7            (B) Any limitations on the number of students or
8        grade levels that may participate in a remote
9        educational program.
10            (C) A description of the process that the school
11        district will use to approve participation in the
12        remote educational program. The process must include
13        without limitation a requirement that, for any student
14        who qualifies to receive services pursuant to the
15        federal Individuals with Disabilities Education
16        Improvement Act of 2004, the student's participation
17        in a remote educational program receive prior approval
18        from the student's individualized education program
19        team.
20            (D) A description of the process the school
21        district will use to develop and approve a written
22        remote educational plan that meets the requirements of
23        subdivision (5) of this subsection (a).
24            (E) A description of the system the school district
25        will establish to calculate the number of clock hours a
26        student is participating in instruction in accordance

 

 

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1        with the remote educational program.
2            (F) A description of the process for renewing a
3        remote educational program at the expiration of its
4        term.
5            (G) Such other terms and provisions as the school
6        district deems necessary to provide for the
7        establishment and delivery of a remote educational
8        program.
9        (2) The school district has determined that the remote
10    educational program's curriculum is aligned to State
11    learning standards and that the program offers instruction
12    and educational experiences consistent with those given to
13    students at the same grade level in the district.
14        (3) The remote educational program is delivered by
15    instructors that meet the following qualifications:
16            (A) they are certificated under Article 21 of this
17        Code;
18            (B) they meet applicable highly qualified criteria
19        under the federal No Child Left Behind Act of 2001; and
20            (C) they have responsibility for all of the
21        following elements of the program: planning
22        instruction, diagnosing learning needs, prescribing
23        content delivery through class activities, assessing
24        learning, reporting outcomes to administrators and
25        parents and guardians, and evaluating the effects of
26        instruction.

 

 

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1        (4) During the period of time from and including the
2    opening date to the closing date of the regular school term
3    of the school district established pursuant to Section
4    10-19 of this Code, participation in a remote educational
5    program may be claimed for general State aid purposes under
6    Section 18-8.05 of this Code on any calendar day,
7    notwithstanding whether the day is a day of pupil
8    attendance or institute day on the school district's
9    calendar or any other provision of law restricting
10    instruction on that day. If the district holds year-round
11    classes in some buildings, the district shall classify each
12    student's participation in a remote educational program as
13    either on a year-round or a non-year-round schedule for
14    purposes of claiming general State aid. Outside of the
15    regular school term of the district, the remote educational
16    program may be offered as part of any summer school program
17    authorized by this Code.
18        (5) Each student participating in a remote educational
19    program must have a written remote educational plan that
20    has been approved by the school district and a person
21    authorized to enroll the student under Section 10-20.12b of
22    this Code. The school district and a person authorized to
23    enroll the student under Section 10-20.12b of this Code
24    must approve any amendment to a remote educational plan.
25    The remote educational plan must include, but is not
26    limited to, all of the following:

 

 

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

 

 

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1        504 of the federal Rehabilitation Act of 1973.
2            (G) A description of the procedures and
3        opportunities for participation in academic and
4        extra-curricular activities and programs within the
5        school district.
6            (H) The identification of a parent, guardian, or
7        other responsible adult who will provide direct
8        supervision of the program. The plan must include an
9        acknowledgment by the parent, guardian, or other
10        responsible adult that he or she may engage only in
11        non-teaching duties not requiring instructional
12        judgment or the evaluation of a student. The plan shall
13        designate the parent, guardian, or other responsible
14        adult as non-teaching personnel or volunteer personnel
15        under subsection (a) of Section 10-22.34 of this Code.
16            (I) The identification of a school district
17        administrator who will oversee the remote educational
18        program on behalf of the school district and who may be
19        contacted by the student's parents with respect to any
20        issues or concerns with the program.
21            (J) The term of the student's participation in the
22        remote educational program, which may not extend for
23        longer than 12 months, unless the term is renewed by
24        the district in accordance with subdivision (7) of this
25        subsection (a).
26            (K) A description of the specific location or

 

 

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1        locations in which the program will be delivered. If
2        the remote educational program is to be delivered to a
3        student in any location other than the student's home,
4        the plan must include a written determination by the
5        school district that the location will provide a
6        learning environment appropriate for the delivery of
7        the program. The location or locations in which the
8        program will be delivered shall be deemed a long
9        distance teaching reception area under subsection (a)
10        of Section 10-22.34 of this Code.
11            (L) Certification by the school district that the
12        plan meets all other requirements of this Section.
13        (6) Students participating in a remote educational
14    program must be enrolled in a school district attendance
15    center pursuant to the school district's enrollment policy
16    or policies. A student participating in a remote
17    educational program must be tested as part of all
18    assessments administered by the school district pursuant
19    to Section 2-3.64a-5 of this Code at the attendance center
20    in which the student is enrolled and in accordance with the
21    attendance center's assessment policies and schedule. The
22    student must be included within all adequate yearly
23    progress and other accountability determinations for the
24    school district and attendance center under State and
25    federal law.
26        (7) The term of a student's participation in a remote

 

 

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1    educational program may not extend for longer than 12
2    months, unless the term is renewed by the school district.
3    The district may only renew a student's participation in a
4    remote educational program following an evaluation of the
5    student's progress in the program, a determination that the
6    student's continuation in the program will best serve the
7    student's individual learning needs, and an amendment to
8    the student's written remote educational plan addressing
9    any changes for the upcoming term of the program.
10    For purposes of this Section, a remote educational program
11does not include instruction delivered to students through an
12e-learning program approved under Section 10-20.56 of this
13Code.
14    (b) A school district may, by resolution of its school
15board, establish a remote educational program.
16    (c) Clock hours of instruction by students in a remote
17educational program meeting the requirements of this Section
18may be claimed by the school district and shall be counted as
19school work for general State aid purposes in accordance with
20and subject to the limitations of Section 18-8.05 of this Code.
21    (d) The impact of remote educational programs on wages,
22hours, and terms and conditions of employment of educational
23employees within the school district shall be subject to local
24collective bargaining agreements.
25    (e) The use of a home or other location outside of a school
26building for a remote educational program shall not cause the

 

 

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1home or other location to be deemed a public school facility.
2    (f) A remote educational program may be used, but is not
3required, for instruction delivered to a student in the home or
4other location outside of a school building that is not claimed
5for general State aid purposes under Section 18-8.05 of this
6Code.
7    (g) School districts that, pursuant to this Section, adopt
8a policy for a remote educational program must submit to the
9State Board of Education a copy of the policy and any
10amendments thereto, as well as data on student participation in
11a format specified by the State Board of Education. The State
12Board of Education may perform or contract with an outside
13entity to perform an evaluation of remote educational programs
14in this State.
15    (h) The State Board of Education may adopt any rules
16necessary to ensure compliance by remote educational programs
17with the requirements of this Section and other applicable
18legal requirements.
19(Source: P.A. 97-339, eff. 8-12-11; 98-972, eff. 8-15-14.)
 
20    (105 ILCS 5/18-8.05)
21    Sec. 18-8.05. Basis for apportionment of general State
22financial aid and supplemental general State aid to the common
23schools for the 1998-1999 and subsequent school years.
 
24(A) General Provisions.

 

 

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1    (1) The provisions of this Section apply to the 1998-1999
2and subsequent school years. The system of general State
3financial aid provided for in this Section is designed to
4assure that, through a combination of State financial aid and
5required local resources, the financial support provided each
6pupil in Average Daily Attendance equals or exceeds a
7prescribed per pupil Foundation Level. This formula approach
8imputes a level of per pupil Available Local Resources and
9provides for the basis to calculate a per pupil level of
10general State financial aid that, when added to Available Local
11Resources, equals or exceeds the Foundation Level. The amount
12of per pupil general State financial aid for school districts,
13in general, varies in inverse relation to Available Local
14Resources. Per pupil amounts are based upon each school
15district's Average Daily Attendance as that term is defined in
16this Section.
17    (2) In addition to general State financial aid, school
18districts with specified levels or concentrations of pupils
19from low income households are eligible to receive supplemental
20general State financial aid grants as provided pursuant to
21subsection (H). The supplemental State aid grants provided for
22school districts under subsection (H) shall be appropriated for
23distribution to school districts as part of the same line item
24in which the general State financial aid of school districts is
25appropriated under this Section.
26    (3) To receive financial assistance under this Section,

 

 

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

 

 

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1        (d) (Blank).
2    (4) Except as provided in subsections (H) and (L), the
3board of any district receiving any of the grants provided for
4in this Section may apply those funds to any fund so received
5for which that board is authorized to make expenditures by law.
6    School districts are not required to exert a minimum
7Operating Tax Rate in order to qualify for assistance under
8this Section.
9    (5) As used in this Section the following terms, when
10capitalized, shall have the meaning ascribed herein:
11        (a) "Average Daily Attendance": A count of pupil
12    attendance in school, averaged as provided for in
13    subsection (C) and utilized in deriving per pupil financial
14    support levels.
15        (b) "Available Local Resources": A computation of
16    local financial support, calculated on the basis of Average
17    Daily Attendance and derived as provided pursuant to
18    subsection (D).
19        (c) "Corporate Personal Property Replacement Taxes":
20    Funds paid to local school districts pursuant to "An Act in
21    relation to the abolition of ad valorem personal property
22    tax and the replacement of revenues lost thereby, and
23    amending and repealing certain Acts and parts of Acts in
24    connection therewith", certified August 14, 1979, as
25    amended (Public Act 81-1st S.S.-1).
26        (d) "Foundation Level": A prescribed level of per pupil

 

 

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1    financial support as provided for in subsection (B).
2        (e) "Operating Tax Rate": All school district property
3    taxes extended for all purposes, except Bond and Interest,
4    Summer School, Rent, Capital Improvement, and Vocational
5    Education Building purposes.
 
6(B) Foundation Level.
7    (1) The Foundation Level is a figure established by the
8State representing the minimum level of per pupil financial
9support that should be available to provide for the basic
10education of each pupil in Average Daily Attendance. As set
11forth in this Section, each school district is assumed to exert
12a sufficient local taxing effort such that, in combination with
13the aggregate of general State financial aid provided the
14district, an aggregate of State and local resources are
15available to meet the basic education needs of pupils in the
16district.
17    (2) For the 1998-1999 school year, the Foundation Level of
18support is $4,225. For the 1999-2000 school year, the
19Foundation Level of support is $4,325. For the 2000-2001 school
20year, the Foundation Level of support is $4,425. For the
212001-2002 school year and 2002-2003 school year, the Foundation
22Level of support is $4,560. For the 2003-2004 school year, the
23Foundation Level of support is $4,810. For the 2004-2005 school
24year, the Foundation Level of support is $4,964. For the
252005-2006 school year, the Foundation Level of support is

 

 

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1$5,164. For the 2006-2007 school year, the Foundation Level of
2support is $5,334. For the 2007-2008 school year, the
3Foundation Level of support is $5,734. For the 2008-2009 school
4year, the Foundation Level of support is $5,959.
5    (3) For the 2009-2010 school year and each school year
6thereafter, the Foundation Level of support is $6,119 or such
7greater amount as may be established by law by the General
8Assembly.
 
9(C) Average Daily Attendance.
10    (1) For purposes of calculating general State aid pursuant
11to subsection (E), an Average Daily Attendance figure shall be
12utilized. The Average Daily Attendance figure for formula
13calculation purposes shall be the monthly average of the actual
14number of pupils in attendance of each school district, as
15further averaged for the best 3 months of pupil attendance for
16each school district. In compiling the figures for the number
17of pupils in attendance, school districts and the State Board
18of Education shall, for purposes of general State aid funding,
19conform attendance figures to the requirements of subsection
20(F).
21    (2) The Average Daily Attendance figures utilized in
22subsection (E) shall be the requisite attendance data for the
23school year immediately preceding the school year for which
24general State aid is being calculated or the average of the
25attendance data for the 3 preceding school years, whichever is

 

 

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

 

 

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1the district's Average Daily Attendance figure. For school
2districts maintaining grades kindergarten through 8, local
3property tax revenues per pupil shall be calculated as the
4product of the applicable equalized assessed valuation for the
5district multiplied by 2.30%, and divided by the district's
6Average Daily Attendance figure. For school districts
7maintaining grades 9 through 12, local property tax revenues
8per pupil shall be the applicable equalized assessed valuation
9of the district multiplied by 1.05%, and divided by the
10district's Average Daily Attendance figure.
11    For partial elementary unit districts created pursuant to
12Article 11E of this Code, local property tax revenues per pupil
13shall be calculated as the product of the equalized assessed
14valuation for property within the partial elementary unit
15district for elementary purposes, as defined in Article 11E of
16this Code, multiplied by 2.06% and divided by the district's
17Average Daily Attendance figure, plus the product of the
18equalized assessed valuation for property within the partial
19elementary unit district for high school purposes, as defined
20in Article 11E of this Code, multiplied by 0.94% and divided by
21the district's Average Daily Attendance figure.
22    (4) The Corporate Personal Property Replacement Taxes paid
23to each school district during the calendar year one year
24before the calendar year in which a school year begins, divided
25by the Average Daily Attendance figure for that district, shall
26be added to the local property tax revenues per pupil as

 

 

09900HB2781ham001- 22 -LRB099 07673 SXM 32138 a

1derived by the application of the immediately preceding
2paragraph (3). The sum of these per pupil figures for each
3school district shall constitute Available Local Resources as
4that term is utilized in subsection (E) in the calculation of
5general State aid.
 
6(E) Computation of General State Aid.
7    (1) For each school year, the amount of general State aid
8allotted to a school district shall be computed by the State
9Board of Education as provided in this subsection.
10    (2) For any school district for which Available Local
11Resources per pupil is less than the product of 0.93 times the
12Foundation Level, general State aid for that district shall be
13calculated as an amount equal to the Foundation Level minus
14Available Local Resources, multiplied by the Average Daily
15Attendance of the school district.
16    (3) For any school district for which Available Local
17Resources per pupil is equal to or greater than the product of
180.93 times the Foundation Level and less than the product of
191.75 times the Foundation Level, the general State aid per
20pupil shall be a decimal proportion of the Foundation Level
21derived using a linear algorithm. Under this linear algorithm,
22the calculated general State aid per pupil shall decline in
23direct linear fashion from 0.07 times the Foundation Level for
24a school district with Available Local Resources equal to the
25product of 0.93 times the Foundation Level, to 0.05 times the

 

 

09900HB2781ham001- 23 -LRB099 07673 SXM 32138 a

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

 

 

09900HB2781ham001- 24 -LRB099 07673 SXM 32138 a

1year that began in the preceding calendar year. The attendance
2information so transmitted shall identify the average daily
3attendance figures for each month of the school year. Beginning
4with the general State aid claim form for the 2002-2003 school
5year, districts shall calculate Average Daily Attendance as
6provided in subdivisions (a), (b), and (c) of this paragraph
7(1).
8        (a) In districts that do not hold year-round classes,
9    days of attendance in August shall be added to the month of
10    September and any days of attendance in June shall be added
11    to the month of May.
12        (b) In districts in which all buildings hold year-round
13    classes, days of attendance in July and August shall be
14    added to the month of September and any days of attendance
15    in June shall be added to the month of May.
16        (c) In districts in which some buildings, but not all,
17    hold year-round classes, for the non-year-round buildings,
18    days of attendance in August shall be added to the month of
19    September and any days of attendance in June shall be added
20    to the month of May. The average daily attendance for the
21    year-round buildings shall be computed as provided in
22    subdivision (b) of this paragraph (1). To calculate the
23    Average Daily Attendance for the district, the average
24    daily attendance for the year-round buildings shall be
25    multiplied by the days in session for the non-year-round
26    buildings for each month and added to the monthly

 

 

09900HB2781ham001- 25 -LRB099 07673 SXM 32138 a

1    attendance of the non-year-round buildings.
2    Except as otherwise provided in this Section, days of
3attendance by pupils shall be counted only for sessions of not
4less than 5 clock hours of school work per day under direct
5supervision of: (i) teachers, or (ii) non-teaching personnel or
6volunteer personnel when engaging in non-teaching duties and
7supervising in those instances specified in subsection (a) of
8Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
9of legal school age and in kindergarten and grades 1 through
1012. Days of attendance by pupils through verified participation
11in an e-learning program approved by the State Board of
12Education under Section 10-20.56 of the Code shall be
13considered as full days of attendance for purposes of this
14Section.
15    Days of attendance by tuition pupils shall be accredited
16only to the districts that pay the tuition to a recognized
17school.
18    (2) Days of attendance by pupils of less than 5 clock hours
19of school shall be subject to the following provisions in the
20compilation of Average Daily Attendance.
21        (a) Pupils regularly enrolled in a public school for
22    only a part of the school day may be counted on the basis
23    of 1/6 day for every class hour of instruction of 40
24    minutes or more attended pursuant to such enrollment,
25    unless a pupil is enrolled in a block-schedule format of 80
26    minutes or more of instruction, in which case the pupil may

 

 

09900HB2781ham001- 26 -LRB099 07673 SXM 32138 a

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

 

 

09900HB2781ham001- 27 -LRB099 07673 SXM 32138 a

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

 

 

09900HB2781ham001- 28 -LRB099 07673 SXM 32138 a

1    average daily attendance. Days scheduled for in-service
2    training programs, staff development activities, or
3    parent-teacher conferences may be scheduled separately for
4    different grade levels and different attendance centers of
5    the district.
6        (e) A session of not less than one clock hour of
7    teaching hospitalized or homebound pupils on-site or by
8    telephone to the classroom may be counted as 1/2 day of
9    attendance, however these pupils must receive 4 or more
10    clock hours of instruction to be counted for a full day of
11    attendance.
12        (f) A session of at least 4 clock hours may be counted
13    as a day of attendance for first grade pupils, and pupils
14    in full day kindergartens, and a session of 2 or more hours
15    may be counted as 1/2 day of attendance by pupils in
16    kindergartens which provide only 1/2 day of attendance.
17        (g) For children with disabilities who are below the
18    age of 6 years and who cannot attend 2 or more clock hours
19    because of their disability or immaturity, a session of not
20    less than one clock hour may be counted as 1/2 day of
21    attendance; however for such children whose educational
22    needs so require a session of 4 or more clock hours may be
23    counted as a full day of attendance.
24        (h) A recognized kindergarten which provides for only
25    1/2 day of attendance by each pupil shall not have more
26    than 1/2 day of attendance counted in any one day. However,

 

 

09900HB2781ham001- 29 -LRB099 07673 SXM 32138 a

1    kindergartens may count 2 1/2 days of attendance in any 5
2    consecutive school days. When a pupil attends such a
3    kindergarten for 2 half days on any one school day, the
4    pupil shall have the following day as a day absent from
5    school, unless the school district obtains permission in
6    writing from the State Superintendent of Education.
7    Attendance at kindergartens which provide for a full day of
8    attendance by each pupil shall be counted the same as
9    attendance by first grade pupils. Only the first year of
10    attendance in one kindergarten shall be counted, except in
11    case of children who entered the kindergarten in their
12    fifth year whose educational development requires a second
13    year of kindergarten as determined under the rules and
14    regulations of the State Board of Education.
15        (i) On the days when the assessment that includes a
16    college and career ready determination is administered
17    under subsection (c) of Section 2-3.64a-5 of this Code, the
18    day of attendance for a pupil whose school day must be
19    shortened to accommodate required testing procedures may
20    be less than 5 clock hours and shall be counted towards the
21    176 days of actual pupil attendance required under Section
22    10-19 of this Code, provided that a sufficient number of
23    minutes of school work in excess of 5 clock hours are first
24    completed on other school days to compensate for the loss
25    of school work on the examination days.
26        (j) Pupils enrolled in a remote educational program

 

 

09900HB2781ham001- 30 -LRB099 07673 SXM 32138 a

1    established under Section 10-29 of this Code may be counted
2    on the basis of one-fifth day of attendance for every clock
3    hour of instruction attended in the remote educational
4    program, provided that, in any month, the school district
5    may not claim for a student enrolled in a remote
6    educational program more days of attendance than the
7    maximum number of days of attendance the district can claim
8    (i) for students enrolled in a building holding year-round
9    classes if the student is classified as participating in
10    the remote educational program on a year-round schedule or
11    (ii) for students enrolled in a building not holding
12    year-round classes if the student is not classified as
13    participating in the remote educational program on a
14    year-round schedule.
 
15(G) Equalized Assessed Valuation Data.
16    (1) For purposes of the calculation of Available Local
17Resources required pursuant to subsection (D), the State Board
18of Education shall secure from the Department of Revenue the
19value as equalized or assessed by the Department of Revenue of
20all taxable property of every school district, together with
21(i) the applicable tax rate used in extending taxes for the
22funds of the district as of September 30 of the previous year
23and (ii) the limiting rate for all school districts subject to
24property tax extension limitations as imposed under the
25Property Tax Extension Limitation Law.

 

 

09900HB2781ham001- 31 -LRB099 07673 SXM 32138 a

1    The Department of Revenue shall add to the equalized
2assessed value of all taxable property of each school district
3situated entirely or partially within a county that is or was
4subject to the provisions of Section 15-176 or 15-177 of the
5Property Tax Code (a) an amount equal to the total amount by
6which the homestead exemption allowed under Section 15-176 or
715-177 of the Property Tax Code for real property situated in
8that school district exceeds the total amount that would have
9been allowed in that school district if the maximum reduction
10under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
11all other counties in tax year 2003 or (ii) $5,000 in all
12counties in tax year 2004 and thereafter and (b) an amount
13equal to the aggregate amount for the taxable year of all
14additional exemptions under Section 15-175 of the Property Tax
15Code for owners with a household income of $30,000 or less. The
16county clerk of any county that is or was subject to the
17provisions of Section 15-176 or 15-177 of the Property Tax Code
18shall annually calculate and certify to the Department of
19Revenue for each school district all homestead exemption
20amounts under Section 15-176 or 15-177 of the Property Tax Code
21and all amounts of additional exemptions under Section 15-175
22of the Property Tax Code for owners with a household income of
23$30,000 or less. It is the intent of this paragraph that if the
24general homestead exemption for a parcel of property is
25determined under Section 15-176 or 15-177 of the Property Tax
26Code rather than Section 15-175, then the calculation of

 

 

09900HB2781ham001- 32 -LRB099 07673 SXM 32138 a

1Available Local Resources shall not be affected by the
2difference, if any, between the amount of the general homestead
3exemption allowed for that parcel of property under Section
415-176 or 15-177 of the Property Tax Code and the amount that
5would have been allowed had the general homestead exemption for
6that parcel of property been determined under Section 15-175 of
7the Property Tax Code. It is further the intent of this
8paragraph that if additional exemptions are allowed under
9Section 15-175 of the Property Tax Code for owners with a
10household income of less than $30,000, then the calculation of
11Available Local Resources shall not be affected by the
12difference, if any, because of those additional exemptions.
13    This equalized assessed valuation, as adjusted further by
14the requirements of this subsection, shall be utilized in the
15calculation of Available Local Resources.
16    (2) The equalized assessed valuation in paragraph (1) shall
17be adjusted, as applicable, in the following manner:
18        (a) For the purposes of calculating State aid under
19    this Section, with respect to any part of a school district
20    within a redevelopment project area in respect to which a
21    municipality has adopted tax increment allocation
22    financing pursuant to the Tax Increment Allocation
23    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
24    of the Illinois Municipal Code or the Industrial Jobs
25    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
26    Illinois Municipal Code, no part of the current equalized

 

 

09900HB2781ham001- 33 -LRB099 07673 SXM 32138 a

1    assessed valuation of real property located in any such
2    project area which is attributable to an increase above the
3    total initial equalized assessed valuation of such
4    property shall be used as part of the equalized assessed
5    valuation of the district, until such time as all
6    redevelopment project costs have been paid, as provided in
7    Section 11-74.4-8 of the Tax Increment Allocation
8    Redevelopment Act or in Section 11-74.6-35 of the
9    Industrial Jobs Recovery Law. For the purpose of the
10    equalized assessed valuation of the district, the total
11    initial equalized assessed valuation or the current
12    equalized assessed valuation, whichever is lower, shall be
13    used until such time as all redevelopment project costs
14    have been paid.
15        (b) The real property equalized assessed valuation for
16    a school district shall be adjusted by subtracting from the
17    real property value as equalized or assessed by the
18    Department of Revenue for the district an amount computed
19    by dividing the amount of any abatement of taxes under
20    Section 18-170 of the Property Tax Code by 3.00% for a
21    district maintaining grades kindergarten through 12, by
22    2.30% for a district maintaining grades kindergarten
23    through 8, or by 1.05% for a district maintaining grades 9
24    through 12 and adjusted by an amount computed by dividing
25    the amount of any abatement of taxes under subsection (a)
26    of Section 18-165 of the Property Tax Code by the same

 

 

09900HB2781ham001- 34 -LRB099 07673 SXM 32138 a

1    percentage rates for district type as specified in this
2    subparagraph (b).
3    (3) For the 1999-2000 school year and each school year
4thereafter, if a school district meets all of the criteria of
5this subsection (G)(3), the school district's Available Local
6Resources shall be calculated under subsection (D) using the
7district's Extension Limitation Equalized Assessed Valuation
8as calculated under this subsection (G)(3).
9    For purposes of this subsection (G)(3) the following terms
10shall have the following meanings:
11        "Budget Year": The school year for which general State
12    aid is calculated and awarded under subsection (E).
13        "Base Tax Year": The property tax levy year used to
14    calculate the Budget Year allocation of general State aid.
15        "Preceding Tax Year": The property tax levy year
16    immediately preceding the Base Tax Year.
17        "Base Tax Year's Tax Extension": The product of the
18    equalized assessed valuation utilized by the County Clerk
19    in the Base Tax Year multiplied by the limiting rate as
20    calculated by the County Clerk and defined in the Property
21    Tax Extension Limitation Law.
22        "Preceding Tax Year's Tax Extension": The product of
23    the equalized assessed valuation utilized by the County
24    Clerk in the Preceding Tax Year multiplied by the Operating
25    Tax Rate as defined in subsection (A).
26        "Extension Limitation Ratio": A numerical ratio,

 

 

09900HB2781ham001- 35 -LRB099 07673 SXM 32138 a

1    certified by the County Clerk, in which the numerator is
2    the Base Tax Year's Tax Extension and the denominator is
3    the Preceding Tax Year's Tax Extension.
4        "Operating Tax Rate": The operating tax rate as defined
5    in subsection (A).
6    If a school district is subject to property tax extension
7limitations as imposed under the Property Tax Extension
8Limitation Law, the State Board of Education shall calculate
9the Extension Limitation Equalized Assessed Valuation of that
10district. For the 1999-2000 school year, the Extension
11Limitation Equalized Assessed Valuation of a school district as
12calculated by the State Board of Education shall be equal to
13the product of the district's 1996 Equalized Assessed Valuation
14and the district's Extension Limitation Ratio. Except as
15otherwise provided in this paragraph for a school district that
16has approved or does approve an increase in its limiting rate,
17for the 2000-2001 school year and each school year thereafter,
18the Extension Limitation Equalized Assessed Valuation of a
19school district as calculated by the State Board of Education
20shall be equal to the product of the Equalized Assessed
21Valuation last used in the calculation of general State aid and
22the district's Extension Limitation Ratio. If the Extension
23Limitation Equalized Assessed Valuation of a school district as
24calculated under this subsection (G)(3) is less than the
25district's equalized assessed valuation as calculated pursuant
26to subsections (G)(1) and (G)(2), then for purposes of

 

 

09900HB2781ham001- 36 -LRB099 07673 SXM 32138 a

1calculating the district's general State aid for the Budget
2Year pursuant to subsection (E), that Extension Limitation
3Equalized Assessed Valuation shall be utilized to calculate the
4district's Available Local Resources under subsection (D). For
5the 2009-2010 school year and each school year thereafter, if a
6school district has approved or does approve an increase in its
7limiting rate, pursuant to Section 18-190 of the Property Tax
8Code, affecting the Base Tax Year, the Extension Limitation
9Equalized Assessed Valuation of the school district, as
10calculated by the State Board of Education, shall be equal to
11the product of the Equalized Assessed Valuation last used in
12the calculation of general State aid times an amount equal to
13one plus the percentage increase, if any, in the Consumer Price
14Index for all Urban Consumers for all items published by the
15United States Department of Labor for the 12-month calendar
16year preceding the Base Tax Year, plus the Equalized Assessed
17Valuation of new property, annexed property, and recovered tax
18increment value and minus the Equalized Assessed Valuation of
19disconnected property. New property and recovered tax
20increment value shall have the meanings set forth in the
21Property Tax Extension Limitation Law.
22    Partial elementary unit districts created in accordance
23with Article 11E of this Code shall not be eligible for the
24adjustment in this subsection (G)(3) until the fifth year
25following the effective date of the reorganization.
26    (3.5) For the 2010-2011 school year and each school year

 

 

09900HB2781ham001- 37 -LRB099 07673 SXM 32138 a

1thereafter, if a school district's boundaries span multiple
2counties, then the Department of Revenue shall send to the
3State Board of Education, for the purpose of calculating
4general State aid, the limiting rate and individual rates by
5purpose for the county that contains the majority of the school
6district's Equalized Assessed Valuation.
7    (4) For the purposes of calculating general State aid for
8the 1999-2000 school year only, if a school district
9experienced a triennial reassessment on the equalized assessed
10valuation used in calculating its general State financial aid
11apportionment for the 1998-1999 school year, the State Board of
12Education shall calculate the Extension Limitation Equalized
13Assessed Valuation that would have been used to calculate the
14district's 1998-1999 general State aid. This amount shall equal
15the product of the equalized assessed valuation used to
16calculate general State aid for the 1997-1998 school year and
17the district's Extension Limitation Ratio. If the Extension
18Limitation Equalized Assessed Valuation of the school district
19as calculated under this paragraph (4) is less than the
20district's equalized assessed valuation utilized in
21calculating the district's 1998-1999 general State aid
22allocation, then for purposes of calculating the district's
23general State aid pursuant to paragraph (5) of subsection (E),
24that Extension Limitation Equalized Assessed Valuation shall
25be utilized to calculate the district's Available Local
26Resources.

 

 

09900HB2781ham001- 38 -LRB099 07673 SXM 32138 a

1    (5) For school districts having a majority of their
2equalized assessed valuation in any county except Cook, DuPage,
3Kane, Lake, McHenry, or Will, if the amount of general State
4aid allocated to the school district for the 1999-2000 school
5year under the provisions of subsection (E), (H), and (J) of
6this Section is less than the amount of general State aid
7allocated to the district for the 1998-1999 school year under
8these subsections, then the general State aid of the district
9for the 1999-2000 school year only shall be increased by the
10difference between these amounts. The total payments made under
11this paragraph (5) shall not exceed $14,000,000. Claims shall
12be prorated if they exceed $14,000,000.
 
13(H) Supplemental General State Aid.
14    (1) In addition to the general State aid a school district
15is allotted pursuant to subsection (E), qualifying school
16districts shall receive a grant, paid in conjunction with a
17district's payments of general State aid, for supplemental
18general State aid based upon the concentration level of
19children from low-income households within the school
20district. Supplemental State aid grants provided for school
21districts under this subsection shall be appropriated for
22distribution to school districts as part of the same line item
23in which the general State financial aid of school districts is
24appropriated under this Section.
25    (1.5) This paragraph (1.5) applies only to those school

 

 

09900HB2781ham001- 39 -LRB099 07673 SXM 32138 a

1years preceding the 2003-2004 school year. For purposes of this
2subsection (H), the term "Low-Income Concentration Level"
3shall be the low-income eligible pupil count from the most
4recently available federal census divided by the Average Daily
5Attendance of the school district. If, however, (i) the
6percentage decrease from the 2 most recent federal censuses in
7the low-income eligible pupil count of a high school district
8with fewer than 400 students exceeds by 75% or more the
9percentage change in the total low-income eligible pupil count
10of contiguous elementary school districts, whose boundaries
11are coterminous with the high school district, or (ii) a high
12school district within 2 counties and serving 5 elementary
13school districts, whose boundaries are coterminous with the
14high school district, has a percentage decrease from the 2 most
15recent federal censuses in the low-income eligible pupil count
16and there is a percentage increase in the total low-income
17eligible pupil count of a majority of the elementary school
18districts in excess of 50% from the 2 most recent federal
19censuses, then the high school district's low-income eligible
20pupil count from the earlier federal census shall be the number
21used as the low-income eligible pupil count for the high school
22district, for purposes of this subsection (H). The changes made
23to this paragraph (1) by Public Act 92-28 shall apply to
24supplemental general State aid grants for school years
25preceding the 2003-2004 school year that are paid in fiscal
26year 1999 or thereafter and to any State aid payments made in

 

 

09900HB2781ham001- 40 -LRB099 07673 SXM 32138 a

1fiscal year 1994 through fiscal year 1998 pursuant to
2subsection 1(n) of Section 18-8 of this Code (which was
3repealed on July 1, 1998), and any high school district that is
4affected by Public Act 92-28 is entitled to a recomputation of
5its supplemental general State aid grant or State aid paid in
6any of those fiscal years. This recomputation shall not be
7affected by any other funding.
8    (1.10) This paragraph (1.10) applies to the 2003-2004
9school year and each school year thereafter. For purposes of
10this subsection (H), the term "Low-Income Concentration Level"
11shall, for each fiscal year, be the low-income eligible pupil
12count as of July 1 of the immediately preceding fiscal year (as
13determined by the Department of Human Services based on the
14number of pupils who are eligible for at least one of the
15following low income programs: Medicaid, the Children's Health
16Insurance Program, TANF, or Food Stamps, excluding pupils who
17are eligible for services provided by the Department of
18Children and Family Services, averaged over the 2 immediately
19preceding fiscal years for fiscal year 2004 and over the 3
20immediately preceding fiscal years for each fiscal year
21thereafter) divided by the Average Daily Attendance of the
22school district.
23    (2) Supplemental general State aid pursuant to this
24subsection (H) shall be provided as follows for the 1998-1999,
251999-2000, and 2000-2001 school years only:
26        (a) For any school district with a Low Income

 

 

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1    Concentration Level of at least 20% and less than 35%, the
2    grant for any school year shall be $800 multiplied by the
3    low income eligible pupil count.
4        (b) For any school district with a Low Income
5    Concentration Level of at least 35% and less than 50%, the
6    grant for the 1998-1999 school year shall be $1,100
7    multiplied by the low income eligible pupil count.
8        (c) For any school district with a Low Income
9    Concentration Level of at least 50% and less than 60%, the
10    grant for the 1998-99 school year shall be $1,500
11    multiplied by the low income eligible pupil count.
12        (d) For any school district with a Low Income
13    Concentration Level of 60% or more, the grant for the
14    1998-99 school year shall be $1,900 multiplied by the low
15    income eligible pupil count.
16        (e) For the 1999-2000 school year, the per pupil amount
17    specified in subparagraphs (b), (c), and (d) immediately
18    above shall be increased to $1,243, $1,600, and $2,000,
19    respectively.
20        (f) For the 2000-2001 school year, the per pupil
21    amounts specified in subparagraphs (b), (c), and (d)
22    immediately above shall be $1,273, $1,640, and $2,050,
23    respectively.
24    (2.5) Supplemental general State aid pursuant to this
25subsection (H) shall be provided as follows for the 2002-2003
26school year:

 

 

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1        (a) For any school district with a Low Income
2    Concentration Level of less than 10%, the grant for each
3    school year shall be $355 multiplied by the low income
4    eligible pupil count.
5        (b) For any school district with a Low Income
6    Concentration Level of at least 10% and less than 20%, the
7    grant for each school year shall be $675 multiplied by the
8    low income eligible pupil count.
9        (c) For any school district with a Low Income
10    Concentration Level of at least 20% and less than 35%, the
11    grant for each school year shall be $1,330 multiplied by
12    the low income eligible pupil count.
13        (d) For any school district with a Low Income
14    Concentration Level of at least 35% and less than 50%, the
15    grant for each school year shall be $1,362 multiplied by
16    the low income eligible pupil count.
17        (e) For any school district with a Low Income
18    Concentration Level of at least 50% and less than 60%, the
19    grant for each school year shall be $1,680 multiplied by
20    the low income eligible pupil count.
21        (f) For any school district with a Low Income
22    Concentration Level of 60% or more, the grant for each
23    school year shall be $2,080 multiplied by the low income
24    eligible pupil count.
25    (2.10) Except as otherwise provided, supplemental general
26State aid pursuant to this subsection (H) shall be provided as

 

 

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1follows for the 2003-2004 school year and each school year
2thereafter:
3        (a) For any school district with a Low Income
4    Concentration Level of 15% or less, the grant for each
5    school year shall be $355 multiplied by the low income
6    eligible pupil count.
7        (b) For any school district with a Low Income
8    Concentration Level greater than 15%, the grant for each
9    school year shall be $294.25 added to the product of $2,700
10    and the square of the Low Income Concentration Level, all
11    multiplied by the low income eligible pupil count.
12    For the 2003-2004 school year and each school year
13thereafter through the 2008-2009 school year only, the grant
14shall be no less than the grant for the 2002-2003 school year.
15For the 2009-2010 school year only, the grant shall be no less
16than the grant for the 2002-2003 school year multiplied by
170.66. For the 2010-2011 school year only, the grant shall be no
18less than the grant for the 2002-2003 school year multiplied by
190.33. Notwithstanding the provisions of this paragraph to the
20contrary, if for any school year supplemental general State aid
21grants are prorated as provided in paragraph (1) of this
22subsection (H), then the grants under this paragraph shall be
23prorated.
24    For the 2003-2004 school year only, the grant shall be no
25greater than the grant received during the 2002-2003 school
26year added to the product of 0.25 multiplied by the difference

 

 

09900HB2781ham001- 44 -LRB099 07673 SXM 32138 a

1between the grant amount calculated under subsection (a) or (b)
2of this paragraph (2.10), whichever is applicable, and the
3grant received during the 2002-2003 school year. For the
42004-2005 school year only, the grant shall be no greater than
5the grant received during the 2002-2003 school year added to
6the product of 0.50 multiplied by the difference between the
7grant amount calculated under subsection (a) or (b) of this
8paragraph (2.10), whichever is applicable, and the grant
9received during the 2002-2003 school year. For the 2005-2006
10school year only, the grant shall be no greater than the grant
11received during the 2002-2003 school year added to the product
12of 0.75 multiplied by the difference between the grant amount
13calculated under subsection (a) or (b) of this paragraph
14(2.10), whichever is applicable, and the grant received during
15the 2002-2003 school year.
16    (3) School districts with an Average Daily Attendance of
17more than 1,000 and less than 50,000 that qualify for
18supplemental general State aid pursuant to this subsection
19shall submit a plan to the State Board of Education prior to
20October 30 of each year for the use of the funds resulting from
21this grant of supplemental general State aid for the
22improvement of instruction in which priority is given to
23meeting the education needs of disadvantaged children. Such
24plan shall be submitted in accordance with rules and
25regulations promulgated by the State Board of Education.
26    (4) School districts with an Average Daily Attendance of

 

 

09900HB2781ham001- 45 -LRB099 07673 SXM 32138 a

150,000 or more that qualify for supplemental general State aid
2pursuant to this subsection shall be required to distribute
3from funds available pursuant to this Section, no less than
4$261,000,000 in accordance with the following requirements:
5        (a) The required amounts shall be distributed to the
6    attendance centers within the district in proportion to the
7    number of pupils enrolled at each attendance center who are
8    eligible to receive free or reduced-price lunches or
9    breakfasts under the federal Child Nutrition Act of 1966
10    and under the National School Lunch Act during the
11    immediately preceding school year.
12        (b) The distribution of these portions of supplemental
13    and general State aid among attendance centers according to
14    these requirements shall not be compensated for or
15    contravened by adjustments of the total of other funds
16    appropriated to any attendance centers, and the Board of
17    Education shall utilize funding from one or several sources
18    in order to fully implement this provision annually prior
19    to the opening of school.
20        (c) Each attendance center shall be provided by the
21    school district a distribution of noncategorical funds and
22    other categorical funds to which an attendance center is
23    entitled under law in order that the general State aid and
24    supplemental general State aid provided by application of
25    this subsection supplements rather than supplants the
26    noncategorical funds and other categorical funds provided

 

 

09900HB2781ham001- 46 -LRB099 07673 SXM 32138 a

1    by the school district to the attendance centers.
2        (d) Any funds made available under this subsection that
3    by reason of the provisions of this subsection are not
4    required to be allocated and provided to attendance centers
5    may be used and appropriated by the board of the district
6    for any lawful school purpose.
7        (e) Funds received by an attendance center pursuant to
8    this subsection shall be used by the attendance center at
9    the discretion of the principal and local school council
10    for programs to improve educational opportunities at
11    qualifying schools through the following programs and
12    services: early childhood education, reduced class size or
13    improved adult to student classroom ratio, enrichment
14    programs, remedial assistance, attendance improvement, and
15    other educationally beneficial expenditures which
16    supplement the regular and basic programs as determined by
17    the State Board of Education. Funds provided shall not be
18    expended for any political or lobbying purposes as defined
19    by board rule.
20        (f) Each district subject to the provisions of this
21    subdivision (H)(4) shall submit an acceptable plan to meet
22    the educational needs of disadvantaged children, in
23    compliance with the requirements of this paragraph, to the
24    State Board of Education prior to July 15 of each year.
25    This plan shall be consistent with the decisions of local
26    school councils concerning the school expenditure plans

 

 

09900HB2781ham001- 47 -LRB099 07673 SXM 32138 a

1    developed in accordance with part 4 of Section 34-2.3. The
2    State Board shall approve or reject the plan within 60 days
3    after its submission. If the plan is rejected, the district
4    shall give written notice of intent to modify the plan
5    within 15 days of the notification of rejection and then
6    submit a modified plan within 30 days after the date of the
7    written notice of intent to modify. Districts may amend
8    approved plans pursuant to rules promulgated by the State
9    Board of Education.
10        Upon notification by the State Board of Education that
11    the district has not submitted a plan prior to July 15 or a
12    modified plan within the time period specified herein, the
13    State aid funds affected by that plan or modified plan
14    shall be withheld by the State Board of Education until a
15    plan or modified plan is submitted.
16        If the district fails to distribute State aid to
17    attendance centers in accordance with an approved plan, the
18    plan for the following year shall allocate funds, in
19    addition to the funds otherwise required by this
20    subsection, to those attendance centers which were
21    underfunded during the previous year in amounts equal to
22    such underfunding.
23        For purposes of determining compliance with this
24    subsection in relation to the requirements of attendance
25    center funding, each district subject to the provisions of
26    this subsection shall submit as a separate document by

 

 

09900HB2781ham001- 48 -LRB099 07673 SXM 32138 a

1    December 1 of each year a report of expenditure data for
2    the prior year in addition to any modification of its
3    current plan. If it is determined that there has been a
4    failure to comply with the expenditure provisions of this
5    subsection regarding contravention or supplanting, the
6    State Superintendent of Education shall, within 60 days of
7    receipt of the report, notify the district and any affected
8    local school council. The district shall within 45 days of
9    receipt of that notification inform the State
10    Superintendent of Education of the remedial or corrective
11    action to be taken, whether by amendment of the current
12    plan, if feasible, or by adjustment in the plan for the
13    following year. Failure to provide the expenditure report
14    or the notification of remedial or corrective action in a
15    timely manner shall result in a withholding of the affected
16    funds.
17        The State Board of Education shall promulgate rules and
18    regulations to implement the provisions of this
19    subsection. No funds shall be released under this
20    subdivision (H)(4) to any district that has not submitted a
21    plan that has been approved by the State Board of
22    Education.
 
23(I) (Blank).
 
24(J) (Blank).
 

 

 

09900HB2781ham001- 49 -LRB099 07673 SXM 32138 a

1(K) Grants to Laboratory and Alternative Schools.
2    In calculating the amount to be paid to the governing board
3of a public university that operates a laboratory school under
4this Section or to any alternative school that is operated by a
5regional superintendent of schools, the State Board of
6Education shall require by rule such reporting requirements as
7it deems necessary.
8    As used in this Section, "laboratory school" means a public
9school which is created and operated by a public university and
10approved by the State Board of Education. The governing board
11of a public university which receives funds from the State
12Board under this subsection (K) may not increase the number of
13students enrolled in its laboratory school from a single
14district, if that district is already sending 50 or more
15students, except under a mutual agreement between the school
16board of a student's district of residence and the university
17which operates the laboratory school. A laboratory school may
18not have more than 1,000 students, excluding students with
19disabilities in a special education program.
20    As used in this Section, "alternative school" means a
21public school which is created and operated by a Regional
22Superintendent of Schools and approved by the State Board of
23Education. Such alternative schools may offer courses of
24instruction for which credit is given in regular school
25programs, courses to prepare students for the high school

 

 

09900HB2781ham001- 50 -LRB099 07673 SXM 32138 a

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

 

 

09900HB2781ham001- 51 -LRB099 07673 SXM 32138 a

1of Education, and an amount equal to such reduction shall be
2paid to the Authority created for such district for its
3operating expenses in the manner provided in Section 18-11. The
4remainder of general State school aid for any such district
5shall be paid in accordance with Article 34A when that Article
6provides for a disposition other than that provided by this
7Article.
8    (2) (Blank).
9    (3) Summer school. Summer school payments shall be made as
10provided in Section 18-4.3.
 
11(M) Education Funding Advisory Board.
12    The Education Funding Advisory Board, hereinafter in this
13subsection (M) referred to as the "Board", is hereby created.
14The Board shall consist of 5 members who are appointed by the
15Governor, by and with the advice and consent of the Senate. The
16members appointed shall include representatives of education,
17business, and the general public. One of the members so
18appointed shall be designated by the Governor at the time the
19appointment is made as the chairperson of the Board. The
20initial members of the Board may be appointed any time after
21the effective date of this amendatory Act of 1997. The regular
22term of each member of the Board shall be for 4 years from the
23third Monday of January of the year in which the term of the
24member's appointment is to commence, except that of the 5
25initial members appointed to serve on the Board, the member who

 

 

09900HB2781ham001- 52 -LRB099 07673 SXM 32138 a

1is appointed as the chairperson shall serve for a term that
2commences on the date of his or her appointment and expires on
3the third Monday of January, 2002, and the remaining 4 members,
4by lots drawn at the first meeting of the Board that is held
5after all 5 members are appointed, shall determine 2 of their
6number to serve for terms that commence on the date of their
7respective appointments and expire on the third Monday of
8January, 2001, and 2 of their number to serve for terms that
9commence on the date of their respective appointments and
10expire on the third Monday of January, 2000. All members
11appointed to serve on the Board shall serve until their
12respective successors are appointed and confirmed. Vacancies
13shall be filled in the same manner as original appointments. If
14a vacancy in membership occurs at a time when the Senate is not
15in session, the Governor shall make a temporary appointment
16until the next meeting of the Senate, when he or she shall
17appoint, by and with the advice and consent of the Senate, a
18person to fill that membership for the unexpired term. If the
19Senate is not in session when the initial appointments are
20made, those appointments shall be made as in the case of
21vacancies.
22    The Education Funding Advisory Board shall be deemed
23established, and the initial members appointed by the Governor
24to serve as members of the Board shall take office, on the date
25that the Governor makes his or her appointment of the fifth
26initial member of the Board, whether those initial members are

 

 

09900HB2781ham001- 53 -LRB099 07673 SXM 32138 a

1then serving pursuant to appointment and confirmation or
2pursuant to temporary appointments that are made by the
3Governor as in the case of vacancies.
4    The State Board of Education shall provide such staff
5assistance to the Education Funding Advisory Board as is
6reasonably required for the proper performance by the Board of
7its responsibilities.
8    For school years after the 2000-2001 school year, the
9Education Funding Advisory Board, in consultation with the
10State Board of Education, shall make recommendations as
11provided in this subsection (M) to the General Assembly for the
12foundation level under subdivision (B)(3) of this Section and
13for the supplemental general State aid grant level under
14subsection (H) of this Section for districts with high
15concentrations of children from poverty. The recommended
16foundation level shall be determined based on a methodology
17which incorporates the basic education expenditures of
18low-spending schools exhibiting high academic performance. The
19Education Funding Advisory Board shall make such
20recommendations to the General Assembly on January 1 of odd
21numbered years, beginning January 1, 2001.
 
22(N) (Blank).
 
23(O) References.
24    (1) References in other laws to the various subdivisions of

 

 

09900HB2781ham001- 54 -LRB099 07673 SXM 32138 a

1Section 18-8 as that Section existed before its repeal and
2replacement by this Section 18-8.05 shall be deemed to refer to
3the corresponding provisions of this Section 18-8.05, to the
4extent that those references remain applicable.
5    (2) References in other laws to State Chapter 1 funds shall
6be deemed to refer to the supplemental general State aid
7provided under subsection (H) of this Section.
 
8(P) Public Act 93-838 and Public Act 93-808 make inconsistent
9changes to this Section. Under Section 6 of the Statute on
10Statutes there is an irreconcilable conflict between Public Act
1193-808 and Public Act 93-838. Public Act 93-838, being the last
12acted upon, is controlling. The text of Public Act 93-838 is
13the law regardless of the text of Public Act 93-808.
14(Source: P.A. 97-339, eff. 8-12-11; 97-351, eff. 8-12-11;
1597-742, eff. 6-30-13; 97-813, eff. 7-13-12; 98-972, eff.
168-15-14.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".