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90_HB0448enr
105 ILCS 5/14-1.09.2 new
Amends the School Code. Specifies types of services that
are included in the school social work services that may be
provided by qualified specialists who hold Type 73 School
Service Personnel Certificates endorsed for school social
work. Effective immediately.
LRB9001698THcw
HB0448 Enrolled LRB9001698THcw
1 AN ACT to amend the School Code by adding Section
2 14-1.09.2 and changing Section 18-8.05 and by changing
3 Section 34-3.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The School Code is amended by adding Section
7 14-1.09.2 and changing Section 18-8.05 and by changing
8 Section 34-3 as follows:
9 (105 ILCS 5/14-1.09.2 new)
10 Sec. 14-1.09.02. School Social Work Services. In the
11 public schools, social work services may be provided by
12 qualified specialists who hold Type 73 School Service
13 Personnel Certificates endorsed for school social work issued
14 by the State Teacher Certification Board.
15 School social work services may include, but are not
16 limited to:
17 (1) Identifying students in need of special education
18 services by conducting a social-developmental study in a case
19 study evaluation;
20 (2) Developing and implementing comprehensive
21 interventions with students, parents, and teachers that will
22 enhance student adjustment to, and performance in, the school
23 setting;
24 (3) Consulting and collaborating with teachers and other
25 school personnel regarding behavior management and
26 intervention plans and inclusion in support of special
27 education students in regular classroom settings;
28 (4) Counseling with students, parents, and teachers in
29 accordance with the rules and regulations governing provision
30 of related services, provided that parent permission must be
31 obtained in writing before a student participates in a group
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1 counseling session;
2 (5) Acting as a liaison between the public schools and
3 community resources;
4 (6) Developing and implementing school-based prevention
5 programs including mediation and violence prevention;
6 (7) Providing crisis intervention within the school
7 setting;
8 (8) Supervising school social work interns enrolled in
9 school social work programs that meet the standards
10 established by the State Board of Education; and
11 (9) Providing parent education and counseling as
12 appropriate in relation to the child's educational
13 assessment.
14 Nothing in this Section prohibits other certified
15 professionals from providing any of the services listed in
16 this Section.
17 (105 ILCS 5/18-8.05)
18 Sec. 18-8.05. Basis for apportionment of general State
19 financial aid and supplemental general State aid to the
20 common schools for the 1998-1999 and subsequent school years.
21 (A) General Provisions.
22 (1) The provisions of this Section apply to the
23 1998-1999 and subsequent school years. The system of general
24 State financial aid provided for in this Section is designed
25 to assure that, through a combination of State financial aid
26 and required local resources, the financial support provided
27 each pupil in Average Daily Attendance equals or exceeds a
28 prescribed per pupil Foundation Level. This formula approach
29 imputes a level of per pupil Available Local Resources and
30 provides for the basis to calculate a per pupil level of
31 general State financial aid that, when added to Available
32 Local Resources, equals or exceeds the Foundation Level. The
33 amount of per pupil general State financial aid for school
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1 districts, in general, varies in inverse relation to
2 Available Local Resources. Per pupil amounts are based upon
3 each school district's Average Daily Attendance as that term
4 is defined in this Section.
5 (2) In addition to general State financial aid, school
6 districts with specified levels or concentrations of pupils
7 from low income households are eligible to receive
8 supplemental general State financial aid grants as provided
9 pursuant to subsection (H). The supplemental State aid grants
10 provided for school districts under subsection (H) shall be
11 appropriated for distribution to school districts as part of
12 the same line item in which the general State financial aid
13 of school districts is appropriated under this Section.
14 (3) To receive financial assistance under this Section,
15 school districts are required to file claims with the State
16 Board of Education, subject to the following requirements:
17 (a) Any school district which fails for any given
18 school year to maintain school as required by law, or to
19 maintain a recognized school is not eligible to file for
20 such school year any claim upon the Common School Fund.
21 In case of nonrecognition of one or more attendance
22 centers in a school district otherwise operating
23 recognized schools, the claim of the district shall be
24 reduced in the proportion which the Average Daily
25 Attendance in the attendance center or centers bear to
26 the Average Daily Attendance in the school district. A
27 "recognized school" means any public school which meets
28 the standards as established for recognition by the State
29 Board of Education. A school district or attendance
30 center not having recognition status at the end of a
31 school term is entitled to receive State aid payments due
32 upon a legal claim which was filed while it was
33 recognized.
34 (b) School district claims filed under this Section
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1 are subject to Sections 18-9, 18-10, and 18-12, except as
2 otherwise provided in this Section.
3 (c) If a school district operates a full year
4 school under Section 10-19.1, the general State aid to
5 the school district shall be determined by the State
6 Board of Education in accordance with this Section as
7 near as may be applicable.
8 (d) (Blank).
9 (4) Except as provided in subsections (H) and (L), the
10 board of any district receiving any of the grants provided
11 for in this Section may apply those funds to any fund so
12 received for which that board is authorized to make
13 expenditures by law.
14 School districts are not required to exert a minimum
15 Operating Tax Rate in order to qualify for assistance under
16 this Section.
17 (5) As used in this Section the following terms, when
18 capitalized, shall have the meaning ascribed herein:
19 (a) "Average Daily Attendance": A count of pupil
20 attendance in school, averaged as provided for in
21 subsection (C) and utilized in deriving per pupil
22 financial support levels.
23 (b) "Available Local Resources": A computation of
24 local financial support, calculated on the basis of
25 Average Daily Attendance and derived as provided pursuant
26 to subsection (D).
27 (c) "Corporate Personal Property Replacement
28 Taxes": Funds paid to local school districts pursuant to
29 "An Act in relation to the abolition of ad valorem
30 personal property tax and the replacement of revenues
31 lost thereby, and amending and repealing certain Acts and
32 parts of Acts in connection therewith", certified August
33 14, 1979, as amended (Public Act 81-1st S.S.-1).
34 (d) "Foundation Level": A prescribed level of per
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1 pupil financial support as provided for in subsection
2 (B).
3 (e) "Operating Tax Rate": All school district
4 property taxes extended for all purposes, except Bond and
5 Interest, Summer School, Rent, Capital Improvement, and
6 Vocational Education Building purposes.
7 (B) Foundation Level.
8 (1) The Foundation Level is a figure established by the
9 State representing the minimum level of per pupil financial
10 support that should be available to provide for the basic
11 education of each pupil in Average Daily Attendance. As set
12 forth in this Section, each school district is assumed to
13 exert a sufficient local taxing effort such that, in
14 combination with the aggregate of general State financial aid
15 provided the district, an aggregate of State and local
16 resources are available to meet the basic education needs of
17 pupils in the district.
18 (2) For the 1998-1999 school year, the Foundation Level
19 of support is $4,225. For the 1999-2000 school year, the
20 Foundation Level of support is $4,325. For the 2000-2001
21 school year, the Foundation Level of support is $4,425.
22 (3) For the 2001-2002 school year and each school year
23 thereafter, the Foundation Level of support is $4,425 or such
24 greater amount as may be established by law by the General
25 Assembly.
26 (C) Average Daily Attendance.
27 (1) For purposes of calculating general State aid
28 pursuant to subsection (E), an Average Daily Attendance
29 figure shall be utilized. The Average Daily Attendance
30 figure for formula calculation purposes shall be the monthly
31 average of the actual number of pupils in attendance of each
32 school district, as further averaged for the best 3 months of
33 pupil attendance for each school district. In compiling the
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1 figures for the number of pupils in attendance, school
2 districts and the State Board of Education shall, for
3 purposes of general State aid funding, conform attendance
4 figures to the requirements of subsection (F).
5 (2) The Average Daily Attendance figures utilized in
6 subsection (E) shall be the requisite attendance data for the
7 school year immediately preceding the school year for which
8 general State aid is being calculated.
9 (D) Available Local Resources.
10 (1) For purposes of calculating general State aid
11 pursuant to subsection (E), a representation of Available
12 Local Resources per pupil, as that term is defined and
13 determined in this subsection, shall be utilized. Available
14 Local Resources per pupil shall include a calculated dollar
15 amount representing local school district revenues from local
16 property taxes and from Corporate Personal Property
17 Replacement Taxes, expressed on the basis of pupils in
18 Average Daily Attendance.
19 (2) In determining a school district's revenue from
20 local property taxes, the State Board of Education shall
21 utilize the equalized assessed valuation of all taxable
22 property of each school district as of September 30 of the
23 previous year. The equalized assessed valuation utilized
24 shall be obtained and determined as provided in subsection
25 (G).
26 (3) For school districts maintaining grades kindergarten
27 through 12, local property tax revenues per pupil shall be
28 calculated as the product of the applicable equalized
29 assessed valuation for the district multiplied by 3.00%, and
30 divided by the district's Average Daily Attendance figure.
31 For school districts maintaining grades kindergarten through
32 8, local property tax revenues per pupil shall be calculated
33 as the product of the applicable equalized assessed valuation
34 for the district multiplied by 2.30%, and divided by the
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1 district's Average Daily Attendance figure. For school
2 districts maintaining grades 9 through 12, local property tax
3 revenues per pupil shall be the applicable equalized assessed
4 valuation of the district multiplied by 1.20%, and divided by
5 the district's Average Daily Attendance figure.
6 (4) The Corporate Personal Property Replacement Taxes
7 paid to each school district during the calendar year 2 years
8 before the calendar year in which a school year begins,
9 divided by the Average Daily Attendance figure for that
10 district, shall be added to the local property tax revenues
11 per pupil as derived by the application of the immediately
12 preceding paragraph (3). The sum of these per pupil figures
13 for each school district shall constitute Available Local
14 Resources as that term is utilized in subsection (E) in the
15 calculation of general State aid.
16 (E) Computation of General State Aid.
17 (1) For each school year, the amount of general State
18 aid allotted to a school district shall be computed by the
19 State Board of Education as provided in this subsection.
20 (2) For any school district for which Available Local
21 Resources per pupil is less than the product of 0.93 times
22 the Foundation Level, general State aid for that district
23 shall be calculated as an amount equal to the Foundation
24 Level minus Available Local Resources, multiplied by the
25 Average Daily Attendance of the school district.
26 (3) For any school district for which Available Local
27 Resources per pupil is equal to or greater than the product
28 of 0.93 times the Foundation Level and less than the product
29 of 1.75 times the Foundation Level, the general State aid per
30 pupil shall be a decimal proportion of the Foundation Level
31 derived using a linear algorithm. Under this linear
32 algorithm, the calculated general State aid per pupil shall
33 decline in direct linear fashion from 0.07 times the
34 Foundation Level for a school district with Available Local
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1 Resources equal to the product of 0.93 times the Foundation
2 Level, to 0.05 times the Foundation Level for a school
3 district with Available Local Resources equal to the product
4 of 1.75 times the Foundation Level. The allocation of
5 general State aid for school districts subject to this
6 paragraph 3 shall be the calculated general State aid per
7 pupil figure multiplied by the Average Daily Attendance of
8 the school district.
9 (4) For any school district for which Available Local
10 Resources per pupil equals or exceeds the product of 1.75
11 times the Foundation Level, the general State aid for the
12 school district shall be calculated as the product of $218
13 multiplied by the Average Daily Attendance of the school
14 district.
15 (F) Compilation of Average Daily Attendance.
16 (1) Each school district shall, by July 1 of each year,
17 submit to the State Board of Education, on forms prescribed
18 by the State Board of Education, attendance figures for the
19 school year that began in the preceding calendar year. The
20 attendance information so transmitted shall identify the
21 average daily attendance figures for each month of the school
22 year, except that any days of attendance in August shall be
23 added to the month of September and any days of attendance in
24 June shall be added to the month of May.
25 Except as otherwise provided in this Section, days of
26 attendance by pupils shall be counted only for sessions of
27 not less than 5 clock hours of school work per day under
28 direct supervision of: (i) teachers, or (ii) non-teaching
29 personnel or volunteer personnel when engaging in
30 non-teaching duties and supervising in those instances
31 specified in subsection (a) of Section 10-22.34 and paragraph
32 10 of Section 34-18, with pupils of legal school age and in
33 kindergarten and grades 1 through 12.
34 Days of attendance by tuition pupils shall be accredited
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1 only to the districts that pay the tuition to a recognized
2 school.
3 (2) Days of attendance by pupils of less than 5 clock
4 hours of school shall be subject to the following provisions
5 in the compilation of Average Daily Attendance.
6 (a) Pupils regularly enrolled in a public school
7 for only a part of the school day may be counted on the
8 basis of 1/6 day for every class hour of instruction of
9 40 minutes or more attended pursuant to such enrollment.
10 (b) Days of attendance may be less than 5 clock
11 hours on the opening and closing of the school term, and
12 upon the first day of pupil attendance, if preceded by a
13 day or days utilized as an institute or teachers'
14 workshop.
15 (c) A session of 4 or more clock hours may be
16 counted as a day of attendance upon certification by the
17 regional superintendent, and approved by the State
18 Superintendent of Education to the extent that the
19 district has been forced to use daily multiple sessions.
20 (d) A session of 3 or more clock hours may be
21 counted as a day of attendance (1) when the remainder of
22 the school day or at least 2 hours in the evening of that
23 day is utilized for an in-service training program for
24 teachers, up to a maximum of 5 days per school year of
25 which a maximum of 4 days of such 5 days may be used for
26 parent-teacher conferences, provided a district conducts
27 an in-service training program for teachers which has
28 been approved by the State Superintendent of Education;
29 or, in lieu of 4 such days, 2 full days may be used, in
30 which event each such day may be counted as a day of
31 attendance; and (2) when days in addition to those
32 provided in item (1) are scheduled by a school pursuant
33 to its school improvement plan adopted under Article 34
34 or its revised or amended school improvement plan adopted
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1 under Article 2, provided that (i) such sessions of 3 or
2 more clock hours are scheduled to occur at regular
3 intervals, (ii) the remainder of the school days in which
4 such sessions occur are utilized for in-service training
5 programs or other staff development activities for
6 teachers, and (iii) a sufficient number of minutes of
7 school work under the direct supervision of teachers are
8 added to the school days between such regularly scheduled
9 sessions to accumulate not less than the number of
10 minutes by which such sessions of 3 or more clock hours
11 fall short of 5 clock hours. Any full days used for the
12 purposes of this paragraph shall not be considered for
13 computing average daily attendance. Days scheduled for
14 in-service training programs, staff development
15 activities, or parent-teacher conferences may be
16 scheduled separately for different grade levels and
17 different attendance centers of the district.
18 (e) A session of not less than one clock hour of
19 teaching of hospitalized or homebound pupils on-site or
20 by telephone to the classroom may be counted as 1/2 day
21 of attendance, however these pupils must receive 4 or
22 more clock hours of instruction to be counted for a full
23 day of attendance.
24 (f) A session of at least 4 clock hours may be
25 counted as a day of attendance for first grade pupils,
26 and pupils in full day kindergartens, and a session of 2
27 or more hours may be counted as 1/2 day of attendance by
28 pupils in kindergartens which provide only 1/2 day of
29 attendance.
30 (g) For children with disabilities who are below
31 the age of 6 years and who cannot attend 2 or more clock
32 hours because of their disability or immaturity, a
33 session of not less than one clock hour may be counted as
34 1/2 day of attendance; however for such children whose
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1 educational needs so require a session of 4 or more clock
2 hours may be counted as a full day of attendance.
3 (h) A recognized kindergarten which provides for
4 only 1/2 day of attendance by each pupil shall not have
5 more than 1/2 day of attendance counted in any one 1 day.
6 However, kindergartens may count 2 1/2 days of attendance
7 in any 5 consecutive school days. When a pupil attends
8 such a kindergarten for 2 half days on any one school
9 day, the pupil shall have the following day as a day
10 absent from school, unless the school district obtains
11 permission in writing from the State Superintendent of
12 Education. Attendance at kindergartens which provide for
13 a full day of attendance by each pupil shall be counted
14 the same as attendance by first grade pupils. Only the
15 first year of attendance in one kindergarten shall be
16 counted, except in case of children who entered the
17 kindergarten in their fifth year whose educational
18 development requires a second year of kindergarten as
19 determined under the rules and regulations of the State
20 Board of Education.
21 (G) Equalized Assessed Valuation Data.
22 (1) For purposes of the calculation of Available Local
23 Resources required pursuant to subsection (D), the State
24 Board of Education shall secure from the Department of
25 Revenue the value as equalized or assessed by the Department
26 of Revenue of all taxable property of every school district
27 together with the applicable tax rate used in extending taxes
28 for the funds of the district as of September 30 of the
29 previous year.
30 This equalized assessed valuation, as adjusted further by
31 the requirements of this subsection, shall be utilized in the
32 calculation of Available Local Resources.
33 (2) The equalized assessed valuation in paragraph (1)
34 shall be adjusted, as applicable, in the following manner:
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1 (a) For the purposes of calculating State aid under
2 this Section, with respect to any part of a school
3 district within a redevelopment project area in respect
4 to which a municipality has adopted tax increment
5 allocation financing pursuant to the Tax Increment
6 Allocation Redevelopment Act, Sections 11-74.4-1 through
7 11-74.4-11 of the Illinois Municipal Code or the
8 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
9 11-74.6-50 of the Illinois Municipal Code, no part of the
10 current equalized assessed valuation of real property
11 located in any such project area which is attributable to
12 an increase above the total initial equalized assessed
13 valuation of such property shall be used as part of the
14 equalized assessed valuation of the district, until such
15 time as all redevelopment project costs have been paid,
16 as provided in Section 11-74.4-8 of the Tax Increment
17 Allocation Redevelopment Act or in Section 11-74.6-35 of
18 the Industrial Jobs Recovery Law. For the purpose of the
19 equalized assessed valuation of the district, the total
20 initial equalized assessed valuation or the current
21 equalized assessed valuation, whichever is lower, shall
22 be used until such time as all redevelopment project
23 costs have been paid.
24 (b) The real property equalized assessed valuation
25 for a school district shall be adjusted by subtracting
26 from the real property value as equalized or assessed by
27 the Department of Revenue for the district an amount
28 computed by dividing the amount of any abatement of taxes
29 under Section 18-170 of the Property Tax Code by 3.00%
30 for a district maintaining grades kindergarten through
31 12, or by 2.30% for a district maintaining grades
32 kindergarten through 8, or by 1.20% for a district
33 maintaining grades 9 through 12 and adjusted by an amount
34 computed by dividing the amount of any abatement of taxes
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1 under subsection (a) of Section 18-165 of the Property
2 Tax Code by the same percentage rates for district type
3 as specified in this subparagraph (b) (c).
4 (H) Supplemental General State Aid.
5 (1) In addition to the general State aid a school
6 district is allotted pursuant to subsection (E), qualifying
7 school districts shall receive a grant, paid in conjunction
8 with a district's payments of general State aid, for
9 supplemental general State aid based upon the concentration
10 level of children from low-income households within the
11 school district. Supplemental State aid grants provided for
12 school districts under this subsection shall be appropriated
13 for distribution to school districts as part of the same line
14 item in which the general State financial aid of school
15 districts is appropriated under this Section. For purposes of
16 this subsection, the term "Low-Income Concentration Level"
17 shall be the low-income eligible pupil count from the most
18 recently available federal census divided by the Average
19 Daily Attendance of the school district. If, however, the
20 percentage decrease from the 2 most recent federal censuses
21 in the low-income eligible pupil count of a high school
22 district with fewer than 400 students exceeds by 75% or more
23 the percentage change in the total low-income eligible pupil
24 count of contiguous elementary school districts, whose
25 boundaries are coterminous with the high school district, the
26 high school district's low-income eligible pupil count from
27 the earlier federal census shall be the number used as the
28 low-income eligible pupil count for the high school district,
29 for purposes of this subsection (H).
30 (2) Supplemental general State aid pursuant to this
31 subsection shall be provided as follows:
32 (a) For any school district with a Low Income
33 Concentration Level of at least 20% and less than 35%,
34 the grant for any school year shall be $800 multiplied by
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1 the low income eligible pupil count.
2 (b) For any school district with a Low Income
3 Concentration Level of at least 35% and less than 50%,
4 the grant for the 1998-1999 school year shall be $1,100
5 multiplied by the low income eligible pupil count.
6 (c) For any school district with a Low Income
7 Concentration Level of at least 50% and less than 60%,
8 the grant for the 1998-99 school year shall be $1,500
9 multiplied by the low income eligible pupil count.
10 (d) For any school district with a Low Income
11 Concentration Level of 60% or more, the grant for the
12 1998-99 school year shall be $1,900 multiplied by the low
13 income eligible pupil count.
14 (e) For the 1999-2000 school year, the per pupil
15 amount specified in subparagraphs (b), (c), and (d),
16 immediately above shall be increased by $100 to $1,200,
17 $1,600, and $2,000, respectively.
18 (f) For the 2000-2001 school year, the per pupil
19 amounts specified in subparagraphs (b), (c) and (d)
20 immediately above shall be increased to $1,230, $1,640,
21 and $2,050, respectively.
22 (3) School districts with an Average Daily Attendance of
23 more than 1,000 and less than 50,000 that qualify for
24 supplemental general State aid pursuant to this subsection
25 shall submit a plan to the State Board of Education prior to
26 October 30 of each year for the use of the funds resulting
27 from this grant of supplemental general State aid for the
28 improvement of instruction in which priority is given to
29 meeting the education needs of disadvantaged children. Such
30 plan shall be submitted in accordance with rules and
31 regulations promulgated by the State Board of Education.
32 (4) School districts with an Average Daily Attendance of
33 50,000 or more that qualify for supplemental general State
34 aid pursuant to this subsection shall be required to
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1 distribute from funds available pursuant to this Section, no
2 less than $261,000,000 in accordance with the following
3 requirements:
4 (a) The required amounts shall be distributed to
5 the attendance centers within the district in proportion
6 to the number of pupils enrolled at each attendance
7 center who are eligible to receive free or reduced-price
8 lunches or breakfasts under the federal Child Nutrition
9 Act of 1966 and under the National School Lunch Act
10 during the immediately preceding school year.
11 (b) The distribution of these portions of
12 supplemental and general State aid among attendance
13 centers according to these requirements shall not be
14 compensated for or contravened by adjustments of the
15 total of other funds appropriated to any attendance
16 centers, and the Board of Education shall utilize funding
17 from one or several sources in order to fully implement
18 this provision annually prior to the opening of school.
19 (c) Each attendance center shall be provided by the
20 school district a distribution of noncategorical funds
21 and other categorical funds to which an attendance center
22 is entitled under law in order that the general State aid
23 and supplemental general State aid provided by
24 application of this subsection supplements rather than
25 supplants the noncategorical funds and other categorical
26 funds provided by the school district to the attendance
27 centers.
28 (d) Any funds made available under this subsection
29 that by reason of the provisions of this subsection are
30 not required to be allocated and provided to attendance
31 centers may be used and appropriated by the board of the
32 district for any lawful school purpose.
33 (e) Funds received by an attendance center pursuant
34 to this subsection shall be used by the attendance center
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1 at the discretion of the principal and local school
2 council for programs to improve educational opportunities
3 at qualifying schools through the following programs and
4 services: early childhood education, reduced class size
5 or improved adult to student classroom ratio, enrichment
6 programs, remedial assistance, attendance improvement,
7 and other educationally beneficial expenditures which
8 supplement the regular and basic programs as determined
9 by the State Board of Education. Funds provided shall
10 not be expended for any political or lobbying purposes as
11 defined by board rule.
12 (f) Each district subject to the provisions of this
13 subdivision (H)(4) shall submit an acceptable plan to
14 meet the educational needs of disadvantaged children, in
15 compliance with the requirements of this paragraph, to
16 the State Board of Education prior to July 15 of each
17 year. This plan shall be consistent with the decisions of
18 local school councils concerning the school expenditure
19 plans developed in accordance with part 4 of Section
20 34-2.3. The State Board shall approve or reject the plan
21 within 60 days after its submission. If the plan is
22 rejected, the district shall give written notice of
23 intent to modify the plan within 15 days of the
24 notification of rejection and then submit a modified plan
25 within 30 days after the date of the written notice of
26 intent to modify. Districts may amend approved plans
27 pursuant to rules promulgated by the State Board of
28 Education.
29 Upon notification by the State Board of Education
30 that the district has not submitted a plan prior to July
31 15 or a modified plan within the time period specified
32 herein, the State aid funds affected by that plan or
33 modified plan shall be withheld by the State Board of
34 Education until a plan or modified plan is submitted.
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1 If the district fails to distribute State aid to
2 attendance centers in accordance with an approved plan,
3 the plan for the following year shall allocate funds, in
4 addition to the funds otherwise required by this
5 subsection, to those attendance centers which were
6 underfunded during the previous year in amounts equal to
7 such underfunding.
8 For purposes of determining compliance with this
9 subsection in relation to the requirements of attendance
10 center funding, each district subject to the provisions
11 of this subsection shall submit as a separate document by
12 December 1 of each year a report of expenditure data for
13 the prior year in addition to any modification of its
14 current plan. If it is determined that there has been a
15 failure to comply with the expenditure provisions of this
16 subsection regarding contravention or supplanting, the
17 State Superintendent of Education shall, within 60 days
18 of receipt of the report, notify the district and any
19 affected local school council. The district shall within
20 45 days of receipt of that notification inform the State
21 Superintendent of Education of the remedial or corrective
22 action to be taken, whether by amendment of the current
23 plan, if feasible, or by adjustment in the plan for the
24 following year. Failure to provide the expenditure
25 report or the notification of remedial or corrective
26 action in a timely manner shall result in a withholding
27 of the affected funds.
28 The State Board of Education shall promulgate rules
29 and regulations to implement the provisions of this
30 subsection. No funds shall be released under this
31 subdivision (H)(4) to any district that has not submitted
32 a plan that has been approved by the State Board of
33 Education.
34 (I) General State Aid for Newly Configured School Districts.
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1 (1) For a new school district formed by combining
2 property included totally within 2 or more previously
3 existing school districts, for its first year of existence
4 the general State aid and supplemental general State aid
5 calculated under this Section shall be computed for the new
6 district and for the previously existing districts for which
7 property is totally included within the new district. If the
8 computation on the basis of the previously existing districts
9 is greater, a supplementary payment equal to the difference
10 shall be made for the first 4 years of existence of the new
11 district.
12 (2) For a school district which annexes all of the
13 territory of one or more entire other school districts, for
14 the first year during which the change of boundaries
15 attributable to such annexation becomes effective for all
16 purposes as determined under Section 7-9 or 7A-8, the general
17 State aid and supplemental general State aid calculated under
18 this Section shall be computed for the annexing district as
19 constituted after the annexation and for the annexing and
20 each annexed district as constituted prior to the annexation;
21 and if the computation on the basis of the annexing and
22 annexed districts as constituted prior to the annexation is
23 greater, a supplementary payment equal to the difference
24 shall be made for the first 4 years of existence of the
25 annexing school district as constituted upon such annexation.
26 (3) For 2 or more school districts which annex all of
27 the territory of one or more entire other school districts,
28 and for 2 or more community unit districts which result upon
29 the division (pursuant to petition under Section 11A-2) of
30 one or more other unit school districts into 2 or more parts
31 and which together include all of the parts into which such
32 other unit school district or districts are so divided, for
33 the first year during which the change of boundaries
34 attributable to such annexation or division becomes effective
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1 for all purposes as determined under Section 7-9 or 11A-10,
2 as the case may be, the general State aid and supplemental
3 general State aid calculated under this Section shall be
4 computed for each annexing or resulting district as
5 constituted after the annexation or division and for each
6 annexing and annexed district, or for each resulting and
7 divided district, as constituted prior to the annexation or
8 division; and if the aggregate of the general State aid and
9 supplemental general State aid as so computed for the
10 annexing or resulting districts as constituted after the
11 annexation or division is less than the aggregate of the
12 general State aid and supplemental general State aid as so
13 computed for the annexing and annexed districts, or for the
14 resulting and divided districts, as constituted prior to the
15 annexation or division, then a supplementary payment equal to
16 the difference shall be made and allocated between or among
17 the annexing or resulting districts, as constituted upon such
18 annexation or division, for the first 4 years of their
19 existence. The total difference payment shall be allocated
20 between or among the annexing or resulting districts in the
21 same ratio as the pupil enrollment from that portion of the
22 annexed or divided district or districts which is annexed to
23 or included in each such annexing or resulting district bears
24 to the total pupil enrollment from the entire annexed or
25 divided district or districts, as such pupil enrollment is
26 determined for the school year last ending prior to the date
27 when the change of boundaries attributable to the annexation
28 or division becomes effective for all purposes. The amount
29 of the total difference payment and the amount thereof to be
30 allocated to the annexing or resulting districts shall be
31 computed by the State Board of Education on the basis of
32 pupil enrollment and other data which shall be certified to
33 the State Board of Education, on forms which it shall provide
34 for that purpose, by the regional superintendent of schools
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1 for each educational service region in which the annexing and
2 annexed districts, or resulting and divided districts are
3 located.
4 (3.5) Claims for financial assistance under this
5 subsection (I) shall not be recomputed except as expressly
6 provided under this Section.
7 (4) Any supplementary payment made under this subsection
8 (I) shall be treated as separate from all other payments made
9 pursuant to this Section.
10 (J) Supplementary Grants in Aid.
11 (1) Notwithstanding any other provisions of this
12 Section, the amount of the aggregate general State aid in
13 combination with supplemental general State aid under this
14 Section for which each school district is eligible shall be
15 no less than the amount of the aggregate general State aid
16 entitlement that was received by the district under Section
17 18-8 (exclusive of amounts received under subsections 5(p)
18 and 5(p-5) of that Section) for the 1997-98 school year,
19 pursuant to the provisions of that Section as it was then in
20 effect. If a school district qualifies to receive a
21 supplementary payment made under this subsection (J), the
22 amount of the aggregate general State aid in combination with
23 supplemental general State aid under this Section which that
24 district is eligible to receive for each school year shall be
25 no less than the amount of the aggregate general State aid
26 entitlement that was received by the district under Section
27 18-8 (exclusive of amounts received under subsections 5(p)
28 and 5(p-5) of that Section) for the 1997-1998 school year,
29 pursuant to the provisions of that Section as it was then in
30 effect.
31 (2) If, as provided in paragraph (1) of this subsection
32 (J), a school district is to receive aggregate general State
33 aid in combination with supplemental general State aid under
34 this Section for the 1998-99 school year and any subsequent
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1 school year that in any such school year is less than the
2 amount of the aggregate general State aid entitlement that
3 the district received for the 1997-98 school year, the school
4 district shall also receive, from a separate appropriation
5 made for purposes of this subsection (J), a supplementary
6 payment that is equal to the amount of the difference in the
7 aggregate State aid figures as described in paragraph (1).
8 (3) (Blank).
9 (K) Grants to Laboratory and Alternative Schools.
10 In calculating the amount to be paid to the governing
11 board of a public university that operates a laboratory
12 school under this Section or to any alternative school that
13 is operated by a regional superintendent of schools, the
14 State Board of Education shall require by rule such reporting
15 requirements as it deems necessary.
16 As used in this Section, "laboratory school" means a
17 public school which is created and operated by a public
18 university and approved by the State Board of Education. The
19 governing board of a public university which receives funds
20 from the State Board under this subsection (K) may not
21 increase the number of students enrolled in its laboratory
22 school from a single district, if that district is already
23 sending 50 or more students, except under a mutual agreement
24 between the school board of a student's district of residence
25 and the university which operates the laboratory school. A
26 laboratory school may not have more than 1,000 students,
27 excluding students with disabilities in a special education
28 program.
29 As used in this Section, "alternative school" means a
30 public school which is created and operated by a Regional
31 Superintendent of Schools and approved by the State Board of
32 Education. Such alternative schools may offer courses of
33 instruction for which credit is given in regular school
34 programs, courses to prepare students for the high school
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1 equivalency testing program or vocational and occupational
2 training. A regional superintendent of schools may contract
3 with a school district or a public community college district
4 to operate an alternative school. An alternative school
5 serving more than one educational service region may be
6 established by the regional superintendents of schools of the
7 affected educational service regions. An alternative school
8 serving more than one educational service region may be
9 operated under such terms as the regional superintendents of
10 schools of those educational service regions may agree.
11 Each laboratory and alternative school shall file, on
12 forms provided by the State Superintendent of Education, an
13 annual State aid claim which states the Average Daily
14 Attendance of the school's students by month. The best 3
15 months' Average Daily Attendance shall be computed for each
16 school. The general State aid entitlement shall be computed
17 by multiplying the applicable Average Daily Attendance by the
18 Foundation Level as determined under this Section.
19 (L) Payments, Additional Grants in Aid and Other
20 Requirements.
21 (1) For a school district operating under the financial
22 supervision of an Authority created under Article 34A, the
23 general State aid otherwise payable to that district under
24 this Section, but not the supplemental general State aid,
25 shall be reduced by an amount equal to the budget for the
26 operations of the Authority as certified by the Authority to
27 the State Board of Education, and an amount equal to such
28 reduction shall be paid to the Authority created for such
29 district for its operating expenses in the manner provided in
30 Section 18-11. The remainder of general State school aid for
31 any such district shall be paid in accordance with Article
32 34A when that Article provides for a disposition other than
33 that provided by this Article.
34 (2) Impaction. Impaction payments shall be made as
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1 provided for in Section 18-4.2.
2 (3) Summer school. Summer school payments shall be made
3 as provided in Section 18-4.3.
4 (M) Education Funding Advisory Board.
5 The Education Funding Advisory Board, hereinafter in this
6 subsection (M) referred to as the "Board", is hereby created.
7 The Board shall consist of 5 members who are appointed by the
8 Governor, by and with the advice and consent of the Senate.
9 The members appointed shall include representatives of
10 education, business, and the general public. One of the
11 members so appointed shall be designated by the Governor at
12 the time the appointment is made as the chairperson of the
13 Board. The initial members of the Board may be appointed any
14 time after the effective date of this amendatory Act of 1997.
15 The regular term of each member of the Board shall be for 4
16 years from the third Monday of January of the year in which
17 the term of the member's appointment is to commence, except
18 that of the 5 initial members appointed to serve on the
19 Board, the member who is appointed as the chairperson shall
20 serve for a term that commences on the date of his or her
21 appointment and expires on the third Monday of January, 2002,
22 and the remaining 4 members, by lots drawn at the first
23 meeting of the Board that is held after all 5 members are
24 appointed, shall determine 2 of their number to serve for
25 terms that commence on the date of their respective
26 appointments and expire on the third Monday of January, 2001,
27 and 2 of their number to serve for terms that commence on the
28 date of their respective appointments and expire on the third
29 Monday of January, 2000. All members appointed to serve on
30 the Board shall serve until their respective successors are
31 appointed and confirmed. Vacancies shall be filled in the
32 same manner as original appointments. If a vacancy in
33 membership occurs at a time when the Senate is not in
34 session, the Governor shall make a temporary appointment
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1 until the next meeting of the Senate, when he or she shall
2 appoint, by and with the advice and consent of the Senate, a
3 person to fill that membership for the unexpired term. If
4 the Senate is not in session when the initial appointments
5 are made, those appointments shall be made as in the case of
6 vacancies.
7 The Education Funding Advisory Board shall be deemed
8 established, and the initial members appointed by the
9 Governor to serve as members of the Board shall take office,
10 on the date that the Governor makes his or her appointment of
11 the fifth initial member of the Board, whether those initial
12 members are then serving pursuant to appointment and
13 confirmation or pursuant to temporary appointments that are
14 made by the Governor as in the case of vacancies.
15 The State Board of Education shall provide such staff
16 assistance to the Education Funding Advisory Board as is
17 reasonably required for the proper performance by the Board
18 of its responsibilities.
19 For school years after the 2000-2001 school year, the
20 Education Funding Advisory Board, in consultation with the
21 State Board of Education, shall make recommendations as
22 provided in this subsection (M) to the General Assembly for
23 the foundation level under subdivision (B)(3) of this Section
24 and for the supplemental general State aid grant level under
25 subsection (H) of this Section for districts with high
26 concentrations of children from poverty. The recommended
27 foundation level shall be determined based on a methodology
28 which incorporates the basic education expenditures of
29 low-spending schools exhibiting high academic performance.
30 The Education Funding Advisory Board shall make such
31 recommendations to the General Assembly on January 1 of odd
32 numbered years, beginning January 1, 2001.
33 (N) General State Aid Adjustment Grant.
34 (1) Any school district subject to property tax
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1 extension limitations as imposed under the provisions of the
2 Property Tax Extension Limitation Law shall be entitled to
3 receive, subject to the qualifications and requirements of
4 this subsection, a general State aid adjustment grant.
5 Eligibility for this grant shall be determined on an annual
6 basis and claims for grant payments shall be paid subject to
7 appropriations made specific to this subsection. For
8 purposes of this subsection the following terms shall have
9 the following meanings:
10 "Budget Year": The school year for which general State
11 aid is calculated and awarded under subsection (E).
12 "Current Year": The school year immediately preceding
13 the Budget Year.
14 "Base Tax Year": The property tax levy year used to
15 calculate the Budget Year allocation of general State aid.
16 "Preceding Tax Year": The property tax levy year
17 immediately preceding the Base Tax Year.
18 "Extension Limitation Ratio": A numerical ratio,
19 certified by a school district's County Clerk, in which the
20 numerator is the Base Tax Year's tax extension amount
21 resulting from the Limiting Rate and the denominator is the
22 Preceding Tax Year's tax extension amount resulting from the
23 Limiting Rate.
24 "Limiting Rate": The limiting rate as defined in the
25 Property Tax Extension Limitation Law.
26 "Preliminary Tax Rate": The tax rate for all purposes
27 except bond and interest that would have been used to extend
28 those taxes absent the provisions of the Property Tax
29 Extension Limitation Law.
30 (2) To qualify for a general State aid adjustment grant,
31 a school district must meet all of the following eligibility
32 criteria for each Budget Year for which a grant is claimed:
33 (a) (Blank).
34 (b) The Preliminary Tax Rate of the school district
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1 for the Base Tax Year was reduced by the Clerk of the
2 County as a result of the requirements of the Property
3 Tax Extension Limitation Law.
4 (c) The Available Local Resources per pupil of the
5 school district as calculated pursuant to subsection (D)
6 using the Base Tax Year are less than the product of 1.75
7 times the Foundation Level for the Budget Year.
8 (d) The school district has filed a proper and
9 timely claim for a general State aid adjustment grant as
10 required under this subsection.
11 (3) A claim for grant assistance under this subsection
12 shall be filed with the State Board of Education on or before
13 April 1 of the Current Year for a grant for the Budget Year.
14 The claim shall be made on forms prescribed by the State
15 Board of Education and must be accompanied by a written
16 statement from the Clerk of the County, certifying:
17 (a) That the school district had its Preliminary
18 Tax Rate for the Base Tax Year reduced as a result of the
19 Property Tax Extension Limitation Law.
20 (b) (Blank).
21 (c) The Extension Limitation Ratio as that term is
22 defined in this subsection.
23 (4) On or before August 1 of the Budget Year the State
24 Board of Education shall calculate, for all school districts
25 meeting the other requirements of this subsection, the amount
26 of the general State aid adjustment grant, if any, that the
27 school districts are eligible to receive in the Budget Year.
28 The amount of the general State aid adjustment grant shall be
29 calculated as follows:
30 (a) Determine the school district's general State
31 aid grant for the Budget Year as provided in accordance
32 with the provisions of subsection (E).
33 (b) Determine the school district's adjusted level
34 of general State aid by utilizing in the calculation of
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1 Available Local Resources the equalized assessed
2 valuation that was used to calculate the general State
3 aid for the preceding fiscal year multiplied by the
4 Extension Limitation Ratio.
5 (c) Subtract the sum derived in subparagraph (a)
6 from the sum derived in subparagraph (b). If the result
7 is a positive number, that amount shall be the general
8 State aid adjustment grant that the district is eligible
9 to receive.
10 (5) The State Board of Education shall in the Current
11 Year, based upon claims filed in the Current Year, recommend
12 to the General Assembly an appropriation amount for the
13 general State aid adjustment grants to be made in the Budget
14 Year.
15 (6) Claims for general State aid adjustment grants shall
16 be paid in a lump sum on or before January 1 of the Budget
17 Year only from appropriations made by the General Assembly
18 expressly for claims under this subsection. No such claims
19 may be paid from amounts appropriated for any other purpose
20 provided for under this Section. In the event that the
21 appropriation for claims under this subsection is
22 insufficient to meet all Budget Year claims for a general
23 State aid adjustment grant, the appropriation available shall
24 be proportionately prorated by the State Board of Education
25 amongst all districts filing for and entitled to payments.
26 (7) The State Board of Education shall promulgate the
27 required claim forms and rules necessary to implement the
28 provisions of this subsection.
29 (O) References.
30 (1) References in other laws to the various subdivisions
31 of Section 18-8 as that Section existed before its repeal and
32 replacement by this Section 18-8.05 shall be deemed to refer
33 to the corresponding provisions of this Section 18-8.05, to
34 the extent that those references remain applicable.
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1 (2) References in other laws to State Chapter 1 funds
2 shall be deemed to refer to the supplemental general State
3 aid provided under subsection (H) of this Section.
4 (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566;
5 90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff.
6 7-30-98; revised 9-16-98.)
7 (105 ILCS 5/34-3) (from Ch. 122, par. 34-3)
8 Sec. 34-3. Chicago School Reform Board of Trustees; new
9 Chicago Board of Education; members; term; vacancies.
10 (a) Within 30 days after the effective date of this
11 amendatory Act of 1995, the terms of all members of the
12 Chicago Board of Education holding office on that date are
13 abolished and the Mayor shall appoint, without the consent or
14 approval of the City Council, a 5 member Chicago School
15 Reform Board of Trustees which shall take office upon the
16 appointment of the fifth member. The Chicago School Reform
17 Board of Trustees and its members shall serve until, and the
18 terms of all members of the Chicago School Reform Board of
19 Trustees shall expire on, June 30, 1999 or upon the
20 appointment of a new Chicago Board of Education as provided
21 in subsection (b), whichever is later. Any vacancy in the
22 membership of the Trustees shall be filled through
23 appointment by the Mayor, without the consent or approval of
24 the City Council, for the unexpired term. One of the members
25 appointed by the Mayor to the Trustees shall be designated by
26 the Mayor to serve as President of the Trustees. The Mayor
27 shall appoint a full-time, compensated chief executive
28 officer, and his or her compensation as such chief executive
29 officer shall be determined by the Mayor. The Mayor, at his
30 or her discretion, may appoint the President to serve
31 simultaneously as the chief executive officer.
32 (b) Within 30 days before the expiration of the terms of
33 the members of the Chicago Reform Board of Trustees as
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1 provided in subsection (a), a new Chicago Board of Education
2 consisting of 7 members shall be appointed by the Mayor to
3 take office on the later of July 1, 1999 or the appointment
4 of the seventh member. Three of the members initially so
5 appointed under this subsection shall serve for terms ending
6 June 30, 2002, 4 of the members initially so appointed under
7 this subsection shall serve for terms ending June 30, 2003,
8 and each member initially so appointed shall continue to hold
9 office until his or her successor is appointed and qualified.
10 Thereafter at the expiration of the term of any member a
11 successor shall be appointed by the Mayor and shall hold
12 office for a term of 4 years, from July 1 of the year in
13 which the term commences and until a successor is appointed
14 and qualified. Any vacancy in the membership of the Chicago
15 Board of Education shall be filled through appointment by the
16 Mayor for the unexpired term. No appointment to membership
17 on the Chicago Board of Education that is made by the Mayor
18 under this subsection shall require the approval of the City
19 Council, whether the appointment is made for a full term or
20 to fill a vacancy for an unexpired term on the Board. The
21 board shall elect annually from its number a president and,
22 vice-president, and secretary, in such manner and at such
23 time as the board determines by its rules. The officers so
24 elected shall each perform the duties imposed upon their
25 respective office by the rules of the board, provided that
26 (i) the president shall preside at meetings of the board and
27 vote as any other member but have no power of veto, and (ii)
28 the vice president shall perform the duties of the president
29 if that office is vacant or the president is absent or unable
30 to act. The secretary of the Board shall be selected by the
31 Board and shall be an employee of the Board rather than a
32 member of the Board, notwithstanding subsection (d) of
33 Section 34-3.3. The duties of the secretary shall be imposed
34 by the rules of the Board.
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1 (Source: P.A. 89-15, eff. 5-30-95.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.