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91_SB0291enr SB291 Enrolled LRB9100133NTsb 1 AN ACT relating to education, amending named Acts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Finance Act is amended by changing 5 Section 8a as follows: 6 (30 ILCS 105/8a) (from Ch. 127, par. 144a) 7 Sec. 8a. Common School Fund; transfers to Common School 8 Fund and Education Assistance Fund. 9 (a) Except as provided in subsection (b) of this Section 10 and except as otherwise provided in this subsection (a) with 11 respect to amounts transferred from the General Revenue Fund 12 to the Common School Fund for distribution therefrom for the 13 benefit of the Teachers' Retirement System of the State of 14 Illinois and the Public School Teachers' Pension and 15 Retirement Fund of Chicago: 16 (1) With respect to all school districts, for each 17 fiscal year other than fiscal year 1994, on or before the 18 eleventh and twenty-first days of each of the months of 19 August through the following July, at a time or times 20 designated by the Governor, the State Treasurer and the 21 State Comptroller shall transfer from the General Revenue 22 Fund to the Common School Fund and Education Assistance 23 Fund, as appropriate, 1/24 or so much thereof as may be 24 necessary of the amount appropriated to the State Board 25 of Education for distribution to all school districts 26 from such Common School Fund and Education Assistance 27 Fund, for the fiscal year, including interest on the 28 School Fund proportionate for that distribution for such 29 year. 30 (2) With respect to all school districts, but for 31 fiscal year 1994 only, on the 11th day of August, 1993 SB291 Enrolled -2- LRB9100133NTsb 1 and on or before the 11th and 21st days of each of the 2 months of October, 1993 through July, 1994 at a time or 3 times designated by the Governor, the State Treasurer and 4 the State Comptroller shall transfer from the General 5 Revenue Fund to the Common School Fund 1/24 or so much 6 thereof as may be necessary of the amount appropriated to 7 the State Board of Education for distribution to all 8 school districts from such Common School Fund, for fiscal 9 year 1994, including interest on the School Fund 10 proportionate for that distribution for such year; and on 11 or before the 21st day of August, 1993 at a time or times 12 designated by the Governor, the State Treasurer and the 13 State Comptroller shall transfer from the General Revenue 14 Fund to the Common School Fund 3/24 or so much thereof as 15 may be necessary of the amount appropriated to the State 16 Board of Education for distribution to all school 17 districts from the Common School Fund, for fiscal year 18 1994, including interest proportionate for that 19 distribution on the School Fund for such fiscal year. 20 The amounts of the payments made in July of each year: 21 (i) shall be considered an outstanding liability as of the 22 30th day of June immediately preceding those July payments, 23 within the meaning of Section 25 of this Act; (ii) shall be 24 payable from the appropriation for the fiscal year that ended 25 on that 30th day of June; and (iii) shall be considered 26 payments for claims covering the school year that commenced 27 during the immediately preceding calendar year. 28 Notwithstanding the foregoing provisions of this 29 subsection, as soon as may be after the 10th and 20th days of 30 each of the months of August through May, 1/24, and on or as 31 soon as may be after the 10th and 20th days of June, 1/12 of 32 the annual amount appropriated to the State Board of 33 Education for distribution and payment during that fiscal 34 year from the Common School Fund to and for the benefit of SB291 Enrolled -3- LRB9100133NTsb 1 the Teachers' Retirement System of the State of Illinois 2 (until the end of State fiscal year 1995) and the Public 3 School Teachers' Pension and Retirement Fund of Chicago as 4 provided by the Illinois Pension Code and Section 18-7 of the 5 School Code, or so much thereof as may be necessary, shall be 6 transferred by the State Treasurer and the State Comptroller 7 from the General Revenue Fund to the Common School Fund to 8 permit semi-monthly payments from the Common School Fund to 9 and for the benefit of such teacher retirement systems as 10 required by Section 18-7 of the School Code. 11 Notwithstanding the other provisions of this Section, on 12 or as soon as may be after the 15th day of each month, 13 beginning in July of 1995, 1/12 of the annual amount 14 appropriated for that fiscal year from the Common School Fund 15 to the Teachers' Retirement System of the State of Illinois 16 (other than amounts appropriated under Section 1.1 of the 17 State Pension Funds Continuing Appropriation Act), or so much 18 thereof as may be necessary, shall be transferred by the 19 State Treasurer and the State Comptroller from the General 20 Revenue Fund to the Common School Fund to permit monthly 21 payments from the Common School Fund to that retirement 22 system in accordance with Section 16-158 of the Illinois 23 Pension Code and Section 18-7 of the School Code. Amounts 24 appropriated to the Teachers' Retirement System of the State 25 of Illinois under Section 1.1 of the State Pension Funds 26 Continuing Appropriation Act shall be transferred by the 27 State Treasurer and the State Comptroller from the General 28 Revenue Fund to the Common School Fund as necessary to 29 provide for the payment of vouchers drawn against those 30 appropriations. 31 The Governor may notify the State Treasurer and the State 32 Comptroller to transfer, at a time designated by the 33 Governor, such additional amount as may be necessary to 34 effect advance distribution to school districts of amounts SB291 Enrolled -4- LRB9100133NTsb 1 that otherwise would be payable in the next month pursuant to 2 Sections 18-8 through 18-10 of the School Code. The State 3 Treasurer and the State Comptroller shall thereupon transfer 4 such additional amount. The aggregate amount transferred from 5 the General Revenue Fund to the Common School Fund in the 6 eleven months beginning August 1 of any fiscal year shall not 7 be in excess of the amount necessary for payment of claims 8 certified by the State Superintendent of Education pursuant 9 to the appropriation of the Common School Fund for that 10 fiscal year. Notwithstanding the provisions of the first 11 paragraph in this section, no transfer to effect an advance 12 distribution shall be made in any month except on 13 notification, as provided above, by the Governor. 14 The State Comptroller and State Treasurer shall transfer 15 from the General Revenue Fund to the Common School Fund and 16 the Education Assistance Fund such amounts as may be required 17 to honor the vouchers presented by the State Board of 18 Education pursuant to Sections 18-3,18-4.2,18-4.3, 18-5, 19 18-6 and 18-7 of the School Code. 20 The State Comptroller shall report all transfers provided 21 for in this Act to the President of the Senate, Minority 22 Leader of the Senate, Speaker of the House, and Minority 23 Leader of the House. 24 (b) On or before the 11th and 21st days of each of the 25 months of June, 1982 through July, 1983, at a time or times 26 designated by the Governor, the State Treasurer and the State 27 Comptroller shall transfer from the General Revenue Fund to 28 the Common School Fund 1/24 or so much thereof as may be 29 necessary of the amount appropriated to the State Board of 30 Education for distribution from such Common School Fund, for 31 that same fiscal year, including interest on the School Fund 32 for such year. The amounts of the payments in the months of 33 July, 1982 and July, 1983 shall be considered an outstanding 34 liability as of the 30th day of June immediately preceding SB291 Enrolled -5- LRB9100133NTsb 1 such July payment, within the meaning of Section 25 of this 2 Act, and shall be payable from the appropriation for the 3 fiscal year which ended on such 30th day of June, and such 4 July payments shall be considered payments for claims 5 covering school years 1981-1982 and 1982-1983 respectively. 6 In the event the Governor makes notification to effect 7 advanced distribution under the provisions of subsection (a) 8 of this Section, the aggregate amount transferred from the 9 General Revenue Fund to the Common School Fund in the 12 10 months beginning August 1, 1981 or the 12 months beginning 11 August 1, 1982 shall not be in excess of the amount necessary 12 for payment of claims certified by the State Superintendent 13 of Education pursuant to the appropriation of the Common 14 School Fund for the fiscal years commencing on the first of 15 July of the years 1981 and 1982. 16 (Source: P.A. 90-372, eff. 7-1-98; 90-587, eff. 7-1-98.) 17 Section 10. The School Code is amended by changing 18 Sections 2-3.83, 10-19, 14A-5, 18-8.05, 27A-9 and 29-5 as 19 follows: 20 (105 ILCS 5/2-3.83) (from Ch. 122, par. 2-3.83) 21 Sec. 2-3.83. Individual transition plan model pilot 22 program. 23 (a) The General Assembly finds that transition services 24 for special education students in secondary schools are 25 needed for the increasing numbers of students exiting school 26 programs. Therefore, to ensure coordinated and timely 27 delivery of services, the State shall establish a model pilot 28 program to provide such services. Local school districts, 29 using joint agreements and regional service delivery systems 30 for special and vocational education selected by the 31 Governor's Planning Council on Developmental Disabilities, 32 shall have the primary responsibility to convene transition SB291 Enrolled -6- LRB9100133NTsb 1 planning meetings for these students who will require 2 post-school adult services. 3 (b) For purposes of this Section: 4 (1) "Post-secondary Service Provider" means a 5 provider of services for adults who have any 6 developmental disability as defined in Section 1-106 of 7 the Mental Health and Developmental Disabilities Code or 8 who are disabled as defined in the Disabled Persons 9 Rehabilitation Act. 10 (2) "Individual Education Plan" means a written 11 statement for an exceptional child that provides at least 12 a statement of: the child's present levels of educational 13 performance, annual goals and short-term instructional 14 objectives; specific special education and related 15 services; the extent of participation in the regular 16 education program; the projected dates for initiation of 17 services; anticipated duration of services; appropriate 18 objective criteria and evaluation procedures; and a 19 schedule for annual determination of short-term 20 objectives. 21 (3) "Individual Transition Plan" (ITP) means a 22 multi-agency informal assessment of a student's needs for 23 post-secondary adult services including but not limited 24 to employment, post-secondary education or training and 25 residential independent living. 26 (4) "Developmental Disability" means a disability 27 which is attributable to: (a) mental retardation, 28 cerebral palsy, epilepsy or autism; or to (b) any other 29 condition which results in impairment similar to that 30 caused by mental retardation and which requires services 31 similar to those required by mentally retarded persons. 32 Such disability must originate before the age of 18 33 years, be expected to continue indefinitely, and 34 constitute a substantial handicap. SB291 Enrolled -7- LRB9100133NTsb 1 (5) "Exceptional Characteristic" means any 2 disabling or exceptional characteristic which interferes 3 with a student's education including, but not limited to, 4 a determination that the student is severely or 5 profoundly mentally disabled, trainably mentally 6 disabled, deaf-blind, or has some other health 7 impairment. 8 (c) The model pilot program required by this Section 9 shall be established and administered by the Governor's 10 Planning Council on Developmental Disabilities in conjunction 11 with the case coordination pilot projects established by the 12 Department of Human Services pursuant to Section 4.1 of the 13 Community Services Act, as amended. 14 (d) The model pilot program shall include the following 15 features: 16 (1) Written notice shall be sent to the student 17 and, when appropriate, his or her parent or guardian 18 giving the opportunity to consent to having the student's 19 name and relevant information shared with the local case 20 coordination unit and other appropriate State or local 21 agencies for purposes of inviting participants to the 22 individual transition plan meeting. 23 (2) Meetings to develop and modify, as needed, an 24 Individual Transition Plan shall be conducted annually 25 for all students with a developmental disability in the 26 pilot program area who are age 16 or older and who are 27 receiving special education services for 50% or more of 28 their public school program. These meetings shall be 29 convened by the local school district and conducted in 30 conjunction with any other regularly scheduled meetings 31 such as the student's annual individual educational plan 32 meeting. The Governor's Planning Council on 33 Developmental Disabilities shall cooperate with and may 34 enter into any necessary written agreements with the SB291 Enrolled -8- LRB9100133NTsb 1 Department of Human Services and the State Board of 2 Education to identify the target group of students for 3 transition planning and the appropriate case coordination 4 unit to serve these individuals. 5 (3) The ITP meetings shall be co-chaired by the 6 individual education plan coordinator and the case 7 coordinator. The ITP meeting shall include but not be 8 limited to discussion of the following: the student's 9 projected date of exit from the public schools; his 10 projected post-school goals in the areas of employment, 11 residential living arrangement and post-secondary 12 education or training; specific school or post-school 13 services needed during the following year to achieve the 14 student's goals, including but not limited to vocational 15 evaluation, vocational education, work experience or 16 vocational training, placement assistance, independent 17 living skills training, recreational or leisure training, 18 income support, medical needs and transportation; and 19 referrals and linkage to needed services, including a 20 proposed time frame for services and the responsible 21 agency or provider. The individual transition plan shall 22 be signed by participants in the ITP discussion, 23 including but not limited to the student's parents or 24 guardian, the student (where appropriate), 25 multi-disciplinary team representatives from the public 26 schools, the case coordinator and any other individuals 27 who have participated in the ITP meeting at the 28 discretion of the individual education plan coordinator, 29 the developmental disability case coordinator or the 30 parents or guardian. 31 (4) At least 10 days prior to the ITP meeting, the 32 parents or guardian of the student shall be notified in 33 writing of the time and place of the meeting by the local 34 school district. The ITP discussion shall be documented SB291 Enrolled -9- LRB9100133NTsb 1 by the assigned case coordinator, and an individual 2 student file shall be maintained by each case 3 coordination unit. One year following a student's exit 4 from public school the case coordinator shall conduct a 5 follow up interview with the student. 6 (5) Determinations with respect to individual 7 transition plans made under this Section shall not be 8 subject to any due process requirements prescribed in 9 Section 14-8.02 of this Code. 10 (e) (Blank).The State Board of Education shall submit a11report to the General Assembly by June 30 of each year which12summarizes the projected number of secondary special13education students that will be exiting public schools after14the following school year. The report shall include a15description of the students' exceptional characteristics,16location in the State and other information necessary for the17State to plan for services for these students. The report18shall not contain any information which identifies any19individual.20 (Source: P.A. 88-380; 89-397, eff. 8-20-95; 89-507, eff. 21 7-1-97; 89-626, eff. 8-9-96.) 22 (105 ILCS 5/10-19) (from Ch. 122, par. 10-19) 23 Sec. 10-19. Length of school term - experimental 24 programs. Each school board shall annually prepare a calendar 25 for the school term, specifying the opening and closing dates 26 and providing a minimum term of at least 185 days to insure 27 176 days of actual pupil attendance, computable under Section 28 18-8.0518-8, except that for the 1980-1981 school year only 29 175 days of actual pupil attendance shall be required because 30 of the closing of schools pursuant to Section 24-2 on January 31 29, 1981 upon the appointment by the President of that day as 32 a day of thanksgiving for the freedom of the Americans who 33 had been held hostage in Iran. Any days allowed by law for SB291 Enrolled -10- LRB9100133NTsb 1 teachers' institute but not used as such or used as parental 2 institutes as provided in Section 10-22.18d shall increase 3 the minimum term by the school days not so used. Except as 4 provided in Section 10-19.1, the board may not extend the 5 school term beyond such closing date unless that extension of 6 term is necessary to provide the minimum number of computable 7 days. In case of such necessary extension school employees 8 shall be paid for such additional time on the basis of their 9 regular contracts. A school board may specify a closing date 10 earlier than that set on the annual calendar when the schools 11 of the district have provided the minimum number of 12 computable days under this Section. Nothing in this Section 13 prevents the board from employing superintendents of schools, 14 principals and other nonteaching personnel for a period of 12 15 months, or in the case of superintendents for a period in 16 accordance with Section 10-23.8, or prevents the board from 17 employing other personnel before or after the regular school 18 term with payment of salary proportionate to that received 19 for comparable work during the school term. 20 A school board may make such changes in its calendar for 21 the school term as may be required by any changes in the 22 legal school holidays prescribed in Section 24-2. A school 23 board may make changes in its calendar for the school term as 24 may be necessary to reflect the utilization of teachers' 25 institute days as parental institute days as provided in 26 Section 10-22.18d. 27 With the prior approval of the State Board of Education 28 and subject to review by the State Board of Education every 3 29 years, any school board may, by resolution of its board and 30 in agreement with affected exclusive collective bargaining 31 agents, establish experimental educational programs, 32 including but not limited to programs for self-directed 33 learning or outside of formal class periods, which programs 34 when so approved shall be considered to comply with the SB291 Enrolled -11- LRB9100133NTsb 1 requirements of this Section as respects numbers of days of 2 actual pupil attendance and with the other requirements of 3 this Act as respects courses of instruction. 4 (Source: P.A. 86-1250; 87-183.) 5 (105 ILCS 5/14A-5) (from Ch. 122, par. 14A-5) 6 Sec. 14A-5. Reimbursement for services and materials. 7 Pursuant to regulations of the State Board of Education 8 proposed programs for gifted children may be submitted to the 9 Council by a school district, 2 or more cooperating school 10 districts, a county, or 2 or more cooperating counties. Such 11 proposals shall include a statement of the qualifications and 12 duties of the personnel required in the fields of diagnostic, 13 counseling and consultative services and the educational 14 materials necessary. 15 Upon receipt of such proposals the Council shall evaluate 16 them and if found to contribute to the development of a State 17 plan to increase the service of the public school in the 18 field of education of gifted children the Council shall 19 recommend the acceptance thereof to the State Superintendent 20 of Education, who may approve the same. Upon the approval of 21 the district's program, which shall be offered during the 22 regular school term and may include optional summer school, 23 the district shall be entitled to reimbursement for the 24 services and materials required therefor by the method 25 described in either (a) or (b) as follows: 26 (a) The number of pupils in average daily attendance in 27 the district's program, multiplied by one of the following 28 factors: 29 The factors for school districts having different 30 assessed valuations per pupil in average daily attendance for 31 the prior year shall be: 32 1. in districts with $20,000 or more; 33 1.2 in districts with $16,000 but less than $20,000; SB291 Enrolled -12- LRB9100133NTsb 1 1.3 in districts with $12,000 but less than $16,000; 2 1.4 in districts with $9,000 but less than $12,000; 3 1.5 in districts with less than $9,000. 4 In no case shall the claim for reimbursement of any 5 district exceed the actual cost of such program to the 6 district nor shall the number of pupils for whom 7 reimbursement is claimed exceed 5% of the number of pupils in 8 average daily attendance in the district for the prior year. 9 (b) For each professional worker, who meets the 10 established standards for his position, employed in the 11 district's program at the annual rate of $5,000. 12 On or before July 10, annually, the president and the 13 secretary of the district shall certify to the regional 14 superintendent upon forms prescribed by the State 15 Superintendent of Education the district's claim for 16 reimbursement for the school year ended on June 30 next 17 preceding. The regional superintendent shall check all such 18 claims to ascertain compliance with the prescribed standards 19 and upon his approval shall certify not later than July 25 to 20 the State Superintendent of Education the regional report of 21 claims for reimbursements. The State Superintendent of 22 Education shall check and upon approval shall transmit by 23 September 15 to the State Comptroller the vouchers showing 24 the amounts due for district reimbursement claims. 25 Reimbursement shall be paid in the manner provided above in 26 this paragraph through September 15, 1979. Thereafter, 27 estimated payments equal to 1/4 of the district's approved 28 program amount shall be made by the State Comptroller on 29 November 15, February 15, and May 15 upon submission of 30 vouchers by the State Superintendent of Education. A final 31 claim shall be filed with the regional superintendent on or 32 before July 10 for approval and transmittal to the State 33 Superintendent of Education on or before July 20. Claims 34 received by the State Superintendent of Education after July SB291 Enrolled -13- LRB9100133NTsb 1 20 shall not be honored. Upon receipt of the final claim the 2 State Superintendent shall verify its accuracy and make a 3 final adjusted payment on September 20. 4 If the amount appropriated for such reimbursement for any 5 year is insufficient it shall be apportioned on the basis of 6 the claims approved. 7 When any school district eligible for reimbursement under 8 this Section operates a school for a full year in accordance 9 with Section 10-19.1 of this Act such reimbursement shall be 10 increased by 1/185 of the amount or rate paid hereunder for 11 each day such school is operated in excess of 185 days per 12 calendar year. 13 For purposes of calculating claims for reimbursement 14 under this Section for any school year beginning July 1, 1997 151980, or thereafter, the equalized assessed valuation for a 16 school district used to compute reimbursement shall be 17 computed in the same manner as it is computed under paragraph 18 (2) of subsection (G) of Section 18-8.05.determined by19adding to the real property equalized assessed valuation for20the district an amount computed by dividing the amount of21money received by the district under the provisions of "An22Act in relation to the abolition of ad valorem personal23property tax and the replacement of revenues lost thereby,24and amending and repealing certain Acts and parts of Acts in25connection therewith", certified August 14, 1979, as amended,26by the total tax rate for the district. For purposes of this27subsection, 1976 tax rates shall be used for school districts28in the county of Cook, and 1977 tax rates shall be used in29all other counties. For the 1980-81 school year, for purposes30of computing claims for reimbursement, there shall be added31to the amount derived by the above computation 2/3 of the32positive difference between the 1978 corporate personal33property equalized assessed valuation and the amount of money34received by the district under the provisions of "An Act inSB291 Enrolled -14- LRB9100133NTsb 1relation to the abolition of ad valorem personal property tax2and the replacement of revenues lost thereby, and amending3and repealing certain Acts and parts of Acts in connection4therewith", certified August 14, 1979, as amended, divided by5the total tax rate for the district; and for the 1981-826school year 1/3 of the positive difference shall be added.7 (Source: P.A. 89-235, eff. 8-4-95; 90-463, eff. 8-17-97.) 8 (105 ILCS 5/18-8.05) 9 Sec. 18-8.05. Basis for apportionment of general State 10 financial aid and supplemental general State aid to the 11 common schools for the 1998-1999 and subsequent school years. 12 (A) General Provisions. 13 (1) The provisions of this Section apply to the 14 1998-1999 and subsequent school years. The system of general 15 State financial aid provided for in this Section is designed 16 to assure that, through a combination of State financial aid 17 and required local resources, the financial support provided 18 each pupil in Average Daily Attendance equals or exceeds a 19 prescribed per pupil Foundation Level. This formula approach 20 imputes a level of per pupil Available Local Resources and 21 provides for the basis to calculate a per pupil level of 22 general State financial aid that, when added to Available 23 Local Resources, equals or exceeds the Foundation Level. The 24 amount of per pupil general State financial aid for school 25 districts, in general, varies in inverse relation to 26 Available Local Resources. Per pupil amounts are based upon 27 each school district's Average Daily Attendance as that term 28 is defined in this Section. 29 (2) In addition to general State financial aid, school 30 districts with specified levels or concentrations of pupils 31 from low income households are eligible to receive 32 supplemental general State financial aid grants as provided 33 pursuant to subsection (H). The supplemental State aid grants SB291 Enrolled -15- LRB9100133NTsb 1 provided for school districts under subsection (H) shall be 2 appropriated for distribution to school districts as part of 3 the same line item in which the general State financial aid 4 of school districts is appropriated under this Section. 5 (3) To receive financial assistance under this Section, 6 school districts are required to file claims with the State 7 Board of Education, subject to the following requirements: 8 (a) Any school district which fails for any given 9 school year to maintain school as required by law, or to 10 maintain a recognized school is not eligible to file for 11 such school year any claim upon the Common School Fund. 12 In case of nonrecognition of one or more attendance 13 centers in a school district otherwise operating 14 recognized schools, the claim of the district shall be 15 reduced in the proportion which the Average Daily 16 Attendance in the attendance center or centers bear to 17 the Average Daily Attendance in the school district. A 18 "recognized school" means any public school which meets 19 the standards as established for recognition by the State 20 Board of Education. A school district or attendance 21 center not having recognition status at the end of a 22 school term is entitled to receive State aid payments due 23 upon a legal claim which was filed while it was 24 recognized. 25 (b) School district claims filed under this Section 26 are subject to Sections 18-9, 18-10, and 18-12, except as 27 otherwise provided in this Section. 28 (c) If a school district operates a full year 29 school under Section 10-19.1, the general State aid to 30 the school district shall be determined by the State 31 Board of Education in accordance with this Section as 32 near as may be applicable. 33 (d) (Blank). 34 (4) Except as provided in subsections (H) and (L), the SB291 Enrolled -16- LRB9100133NTsb 1 board of any district receiving any of the grants provided 2 for in this Section may apply those funds to any fund so 3 received for which that board is authorized to make 4 expenditures by law. 5 School districts are not required to exert a minimum 6 Operating Tax Rate in order to qualify for assistance under 7 this Section. 8 (5) As used in this Section the following terms, when 9 capitalized, shall have the meaning ascribed herein: 10 (a) "Average Daily Attendance": A count of pupil 11 attendance in school, averaged as provided for in 12 subsection (C) and utilized in deriving per pupil 13 financial support levels. 14 (b) "Available Local Resources": A computation of 15 local financial support, calculated on the basis of 16 Average Daily Attendance and derived as provided pursuant 17 to subsection (D). 18 (c) "Corporate Personal Property Replacement 19 Taxes": Funds paid to local school districts pursuant to 20 "An Act in relation to the abolition of ad valorem 21 personal property tax and the replacement of revenues 22 lost thereby, and amending and repealing certain Acts and 23 parts of Acts in connection therewith", certified August 24 14, 1979, as amended (Public Act 81-1st S.S.-1). 25 (d) "Foundation Level": A prescribed level of per 26 pupil financial support as provided for in subsection 27 (B). 28 (e) "Operating Tax Rate": All school district 29 property taxes extended for all purposes, except Bond and 30 Interest, Summer School, Rent, Capital Improvement, and 31 Vocational Education Building purposes. 32 (B) Foundation Level. 33 (1) The Foundation Level is a figure established by the 34 State representing the minimum level of per pupil financial SB291 Enrolled -17- LRB9100133NTsb 1 support that should be available to provide for the basic 2 education of each pupil in Average Daily Attendance. As set 3 forth in this Section, each school district is assumed to 4 exert a sufficient local taxing effort such that, in 5 combination with the aggregate of general State financial aid 6 provided the district, an aggregate of State and local 7 resources are available to meet the basic education needs of 8 pupils in the district. 9 (2) For the 1998-1999 school year, the Foundation Level 10 of support is $4,225. For the 1999-2000 school year, the 11 Foundation Level of support is $4,325. For the 2000-2001 12 school year, the Foundation Level of support is $4,425. 13 (3) For the 2001-2002 school year and each school year 14 thereafter, the Foundation Level of support is $4,425 or such 15 greater amount as may be established by law by the General 16 Assembly. 17 (C) Average Daily Attendance. 18 (1) For purposes of calculating general State aid 19 pursuant to subsection (E), an Average Daily Attendance 20 figure shall be utilized. The Average Daily Attendance 21 figure for formula calculation purposes shall be the monthly 22 average of the actual number of pupils in attendance of each 23 school district, as further averaged for the best 3 months of 24 pupil attendance for each school district. In compiling the 25 figures for the number of pupils in attendance, school 26 districts and the State Board of Education shall, for 27 purposes of general State aid funding, conform attendance 28 figures to the requirements of subsection (F). 29 (2) The Average Daily Attendance figures utilized in 30 subsection (E) shall be the requisite attendance data for the 31 school year immediately preceding the school year for which 32 general State aid is being calculated. 33 (D) Available Local Resources. SB291 Enrolled -18- LRB9100133NTsb 1 (1) For purposes of calculating general State aid 2 pursuant to subsection (E), a representation of Available 3 Local Resources per pupil, as that term is defined and 4 determined in this subsection, shall be utilized. Available 5 Local Resources per pupil shall include a calculated dollar 6 amount representing local school district revenues from local 7 property taxes and from Corporate Personal Property 8 Replacement Taxes, expressed on the basis of pupils in 9 Average Daily Attendance. 10 (2) In determining a school district's revenue from 11 local property taxes, the State Board of Education shall 12 utilize the equalized assessed valuation of all taxable 13 property of each school district as of September 30 of the 14 previous year. The equalized assessed valuation utilized 15 shall be obtained and determined as provided in subsection 16 (G). 17 (3) For school districts maintaining grades kindergarten 18 through 12, local property tax revenues per pupil shall be 19 calculated as the product of the applicable equalized 20 assessed valuation for the district multiplied by 3.00%, and 21 divided by the district's Average Daily Attendance figure. 22 For school districts maintaining grades kindergarten through 23 8, local property tax revenues per pupil shall be calculated 24 as the product of the applicable equalized assessed valuation 25 for the district multiplied by 2.30%, and divided by the 26 district's Average Daily Attendance figure. For school 27 districts maintaining grades 9 through 12, local property tax 28 revenues per pupil shall be the applicable equalized assessed 29 valuation of the district multiplied by 1.20%, and divided by 30 the district's Average Daily Attendance figure. 31 (4) The Corporate Personal Property Replacement Taxes 32 paid to each school district during the calendar year 2 years 33 before the calendar year in which a school year begins, 34 divided by the Average Daily Attendance figure for that SB291 Enrolled -19- LRB9100133NTsb 1 district, shall be added to the local property tax revenues 2 per pupil as derived by the application of the immediately 3 preceding paragraph (3). The sum of these per pupil figures 4 for each school district shall constitute Available Local 5 Resources as that term is utilized in subsection (E) in the 6 calculation of general State aid. 7 (E) Computation of General State Aid. 8 (1) For each school year, the amount of general State 9 aid allotted to a school district shall be computed by the 10 State Board of Education as provided in this subsection. 11 (2) For any school district for which Available Local 12 Resources per pupil is less than the product of 0.93 times 13 the Foundation Level, general State aid for that district 14 shall be calculated as an amount equal to the Foundation 15 Level minus Available Local Resources, multiplied by the 16 Average Daily Attendance of the school district. 17 (3) For any school district for which Available Local 18 Resources per pupil is equal to or greater than the product 19 of 0.93 times the Foundation Level and less than the product 20 of 1.75 times the Foundation Level, the general State aid per 21 pupil shall be a decimal proportion of the Foundation Level 22 derived using a linear algorithm. Under this linear 23 algorithm, the calculated general State aid per pupil shall 24 decline in direct linear fashion from 0.07 times the 25 Foundation Level for a school district with Available Local 26 Resources equal to the product of 0.93 times the Foundation 27 Level, to 0.05 times the Foundation Level for a school 28 district with Available Local Resources equal to the product 29 of 1.75 times the Foundation Level. The allocation of 30 general State aid for school districts subject to this 31 paragraph 3 shall be the calculated general State aid per 32 pupil figure multiplied by the Average Daily Attendance of 33 the school district. 34 (4) For any school district for which Available Local SB291 Enrolled -20- LRB9100133NTsb 1 Resources per pupil equals or exceeds the product of 1.75 2 times the Foundation Level, the general State aid for the 3 school district shall be calculated as the product of $218 4 multiplied by the Average Daily Attendance of the school 5 district. 6 (F) Compilation of Average Daily Attendance. 7 (1) Each school district shall, by July 1 of each year, 8 submit to the State Board of Education, on forms prescribed 9 by the State Board of Education, attendance figures for the 10 school year that began in the preceding calendar year. The 11 attendance information so transmitted shall identify the 12 average daily attendance figures for each month of the school 13 year, except that any days of attendance in August shall be 14 added to the month of September and any days of attendance in 15 June shall be added to the month of May. 16 Except as otherwise provided in this Section, days of 17 attendance by pupils shall be counted only for sessions of 18 not less than 5 clock hours of school work per day under 19 direct supervision of: (i) teachers, or (ii) non-teaching 20 personnel or volunteer personnel when engaging in 21 non-teaching duties and supervising in those instances 22 specified in subsection (a) of Section 10-22.34 and paragraph 23 10 of Section 34-18, with pupils of legal school age and in 24 kindergarten and grades 1 through 12. 25 Days of attendance by tuition pupils shall be accredited 26 only to the districts that pay the tuition to a recognized 27 school. 28 (2) Days of attendance by pupils of less than 5 clock 29 hours of school shall be subject to the following provisions 30 in the compilation of Average Daily Attendance. 31 (a) Pupils regularly enrolled in a public school 32 for only a part of the school day may be counted on the 33 basis of 1/6 day for every class hour of instruction of 34 40 minutes or more attended pursuant to such enrollment. SB291 Enrolled -21- LRB9100133NTsb 1 (b) Days of attendance may be less than 5 clock 2 hours on the opening and closing of the school term, and 3 upon the first day of pupil attendance, if preceded by a 4 day or days utilized as an institute or teachers' 5 workshop. 6 (c) A session of 4 or more clock hours may be 7 counted as a day of attendance upon certification by the 8 regional superintendent, and approved by the State 9 Superintendent of Education to the extent that the 10 district has been forced to use daily multiple sessions. 11 (d) A session of 3 or more clock hours may be 12 counted as a day of attendance (1) when the remainder of 13 the school day or at least 2 hours in the evening of that 14 day is utilized for an in-service training program for 15 teachers, up to a maximum of 5 days per school year of 16 which a maximum of 4 days of such 5 days may be used for 17 parent-teacher conferences, provided a district conducts 18 an in-service training program for teachers which has 19 been approved by the State Superintendent of Education; 20 or, in lieu of 4 such days, 2 full days may be used, in 21 which event each such day may be counted as a day of 22 attendance; and (2) when days in addition to those 23 provided in item (1) are scheduled by a school pursuant 24 to its school improvement plan adopted under Article 34 25 or its revised or amended school improvement plan adopted 26 under Article 2, provided that (i) such sessions of 3 or 27 more clock hours are scheduled to occur at regular 28 intervals, (ii) the remainder of the school days in which 29 such sessions occur are utilized for in-service training 30 programs or other staff development activities for 31 teachers, and (iii) a sufficient number of minutes of 32 school work under the direct supervision of teachers are 33 added to the school days between such regularly scheduled 34 sessions to accumulate not less than the number of SB291 Enrolled -22- LRB9100133NTsb 1 minutes by which such sessions of 3 or more clock hours 2 fall short of 5 clock hours. Any full days used for the 3 purposes of this paragraph shall not be considered for 4 computing average daily attendance. Days scheduled for 5 in-service training programs, staff development 6 activities, or parent-teacher conferences may be 7 scheduled separately for different grade levels and 8 different attendance centers of the district. 9 (e) A session of not less than one clock hour of 10 teachingofhospitalized or homebound pupils on-site or 11 by telephone to the classroom may be counted as 1/2 day 12 of attendance, however these pupils must receive 4 or 13 more clock hours of instruction to be counted for a full 14 day of attendance. 15 (f) A session of at least 4 clock hours may be 16 counted as a day of attendance for first grade pupils, 17 and pupils in full day kindergartens, and a session of 2 18 or more hours may be counted as 1/2 day of attendance by 19 pupils in kindergartens which provide only 1/2 day of 20 attendance. 21 (g) For children with disabilities who are below 22 the age of 6 years and who cannot attend 2 or more clock 23 hours because of their disability or immaturity, a 24 session of not less than one clock hour may be counted as 25 1/2 day of attendance; however for such children whose 26 educational needs so require a session of 4 or more clock 27 hours may be counted as a full day of attendance. 28 (h) A recognized kindergarten which provides for 29 only 1/2 day of attendance by each pupil shall not have 30 more than 1/2 day of attendance counted in any one1day. 31 However, kindergartens may count 2 1/2 days of attendance 32 in any 5 consecutive school days. When a pupil attends 33 such a kindergarten for 2 half days on any one school 34 day, the pupil shall have the following day as a day SB291 Enrolled -23- LRB9100133NTsb 1 absent from school, unless the school district obtains 2 permission in writing from the State Superintendent of 3 Education. Attendance at kindergartens which provide for 4 a full day of attendance by each pupil shall be counted 5 the same as attendance by first grade pupils. Only the 6 first year of attendance in one kindergarten shall be 7 counted, except in case of children who entered the 8 kindergarten in their fifth year whose educational 9 development requires a second year of kindergarten as 10 determined under the rules and regulations of the State 11 Board of Education. 12 (G) Equalized Assessed Valuation Data. 13 (1) For purposes of the calculation of Available Local 14 Resources required pursuant to subsection (D), the State 15 Board of Education shall secure from the Department of 16 Revenue the value as equalized or assessed by the Department 17 of Revenue of all taxable property of every school district 18 together with the applicable tax rate used in extending taxes 19 for the funds of the district as of September 30 of the 20 previous year. 21 This equalized assessed valuation, as adjusted further by 22 the requirements of this subsection, shall be utilized in the 23 calculation of Available Local Resources. 24 (2) The equalized assessed valuation in paragraph (1) 25 shall be adjusted, as applicable, in the following manner: 26 (a) For the purposes of calculating State aid under 27 this Section, with respect to any part of a school 28 district within a redevelopment project area in respect 29 to which a municipality has adopted tax increment 30 allocation financing pursuant to the Tax Increment 31 Allocation Redevelopment Act, Sections 11-74.4-1 through 32 11-74.4-11 of the Illinois Municipal Code or the 33 Industrial Jobs Recovery Law, Sections 11-74.6-1 through 34 11-74.6-50 of the Illinois Municipal Code, no part of the SB291 Enrolled -24- LRB9100133NTsb 1 current equalized assessed valuation of real property 2 located in any such project area which is attributable to 3 an increase above the total initial equalized assessed 4 valuation of such property shall be used as part of the 5 equalized assessed valuation of the district, until such 6 time as all redevelopment project costs have been paid, 7 as provided in Section 11-74.4-8 of the Tax Increment 8 Allocation Redevelopment Act or in Section 11-74.6-35 of 9 the 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 13 be used until such time as all redevelopment project 14 costs have been paid. 15 (b) The real property equalized assessed valuation 16 for a school district shall be adjusted by subtracting 17 from the real property value as equalized or assessed by 18 the Department of Revenue for the district an amount 19 computed by dividing the amount of any abatement of taxes 20 under Section 18-170 of the Property Tax Code by 3.00% 21 for a district maintaining grades kindergarten through 12 22 ,orby 2.30% for a district maintaining grades 23 kindergarten through 8, or by 1.20% for a district 24 maintaining grades 9 through 12 and adjusted by an amount 25 computed by dividing the amount of any abatement of taxes 26 under subsection (a) of Section 18-165 of the Property 27 Tax Code by the same percentage rates for district type 28 as specified in this subparagraph (b)(c). 29 (H) Supplemental General State Aid. 30 (1) In addition to the general State aid a school 31 district is allotted pursuant to subsection (E), qualifying 32 school districts shall receive a grant, paid in conjunction 33 with a district's payments of general State aid, for 34 supplemental general State aid based upon the concentration SB291 Enrolled -25- LRB9100133NTsb 1 level of children from low-income households within the 2 school district. Supplemental State aid grants provided for 3 school districts under this subsection shall be appropriated 4 for distribution to school districts as part of the same line 5 item in which the general State financial aid of school 6 districts is appropriated under this Section. For purposes of 7 this subsection, the term "Low-Income Concentration Level" 8 shall be the low-income eligible pupil count from the most 9 recently available federal census divided by the Average 10 Daily Attendance of the school district. 11 (2) Supplemental general State aid pursuant to this 12 subsection shall be provided as follows: 13 (a) For any school district with a Low Income 14 Concentration Level of at least 20% and less than 35%, 15 the grant for any school year shall be $800 multiplied by 16 the low income eligible pupil count. 17 (b) For any school district with a Low Income 18 Concentration Level of at least 35% and less than 50%, 19 the grant for the 1998-1999 school year shall be $1,100 20 multiplied by the low income eligible pupil count. 21 (c) For any school district with a Low Income 22 Concentration Level of at least 50% and less than 60%, 23 the grant for the 1998-99 school year shall be $1,500 24 multiplied by the low income eligible pupil count. 25 (d) For any school district with a Low Income 26 Concentration Level of 60% or more, the grant for the 27 1998-99 school year shall be $1,900 multiplied by the low 28 income eligible pupil count. 29 (e) For the 1999-2000 school year, the per pupil 30 amount specified in subparagraphs (b), (c), and (d), 31 immediately above shall be increased by $100 to $1,200, 32 $1,600, and $2,000, respectively. 33 (f) For the 2000-2001 school year, the per pupil 34 amounts specified in subparagraphs (b), (c) and (d) SB291 Enrolled -26- LRB9100133NTsb 1 immediately above shall be increased to $1,230, $1,640, 2 and $2,050, respectively. 3 (3) School districts with an Average Daily Attendance of 4 more than 1,000 and less than 50,000 that qualify for 5 supplemental general State aid pursuant to this subsection 6 shall submit a plan to the State Board of Education prior to 7 October 30 of each year for the use of the funds resulting 8 from this grant of supplemental general State aid for the 9 improvement of instruction in which priority is given to 10 meeting the education needs of disadvantaged children. Such 11 plan shall be submitted in accordance with rules and 12 regulations promulgated by the State Board of Education. 13 (4) School districts with an Average Daily Attendance of 14 50,000 or more that qualify for supplemental general State 15 aid pursuant to this subsection shall be required to 16 distribute from funds available pursuant to this Section, no 17 less than $261,000,000 in accordance with the following 18 requirements: 19 (a) The required amounts shall be distributed to 20 the attendance centers within the district in proportion 21 to the number of pupils enrolled at each attendance 22 center who are eligible to receive free or reduced-price 23 lunches or breakfasts under the federal Child Nutrition 24 Act of 1966 and under the National School Lunch Act 25 during the immediately preceding school year. 26 (b) The distribution of these portions of 27 supplemental and general State aid among attendance 28 centers according to these requirements shall not be 29 compensated for or contravened by adjustments of the 30 total of other funds appropriated to any attendance 31 centers, and the Board of Education shall utilize funding 32 from one or several sources in order to fully implement 33 this provision annually prior to the opening of school. 34 (c) Each attendance center shall be provided by the SB291 Enrolled -27- LRB9100133NTsb 1 school district a distribution of noncategorical funds 2 and other categorical funds to which an attendance center 3 is entitled under law in order that the general State aid 4 and supplemental general State aid provided by 5 application of this subsection supplements rather than 6 supplants the noncategorical funds and other categorical 7 funds provided by the school district to the attendance 8 centers. 9 (d) Any funds made available under this subsection 10 that by reason of the provisions of this subsection are 11 not required to be allocated and provided to attendance 12 centers may be used and appropriated by the board of the 13 district for any lawful school purpose. 14 (e) Funds received by an attendance center pursuant 15 to this subsection shall be used by the attendance center 16 at the discretion of the principal and local school 17 council for programs to improve educational opportunities 18 at qualifying schools through the following programs and 19 services: early childhood education, reduced class size 20 or improved adult to student classroom ratio, enrichment 21 programs, remedial assistance, attendance improvement, 22 and other educationally beneficial expenditures which 23 supplement the regular and basic programs as determined 24 by the State Board of Education. Funds provided shall 25 not be expended for any political or lobbying purposes as 26 defined by board rule. 27 (f) Each district subject to the provisions of this 28 subdivision (H)(4) shall submit an acceptable plan to 29 meet the educational needs of disadvantaged children, in 30 compliance with the requirements of this paragraph, to 31 the State Board of Education prior to July 15 of each 32 year. This plan shall be consistent with the decisions of 33 local school councils concerning the school expenditure 34 plans developed in accordance with part 4 of Section SB291 Enrolled -28- LRB9100133NTsb 1 34-2.3. The State Board shall approve or reject the plan 2 within 60 days after its submission. If the plan is 3 rejected, the district shall give written notice of 4 intent to modify the plan within 15 days of the 5 notification of rejection and then submit a modified plan 6 within 30 days after the date of the written notice of 7 intent to modify. Districts may amend approved plans 8 pursuant to rules promulgated by the State Board of 9 Education. 10 Upon notification by the State Board of Education 11 that the district has not submitted a plan prior to July 12 15 or a modified plan within the time period specified 13 herein, the State aid funds affected by that plan or 14 modified plan shall be withheld by the State Board of 15 Education until a 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, 18 the 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 26 of this subsection shall submit as a separate document by 27 December 1 of each year a report of expenditure data for 28 the prior year in addition to any modification of its 29 current plan. If it is determined that there has been a 30 failure to comply with the expenditure provisions of this 31 subsection regarding contravention or supplanting, the 32 State Superintendent of Education shall, within 60 days 33 of receipt of the report, notify the district and any 34 affected local school council. The district shall within SB291 Enrolled -29- LRB9100133NTsb 1 45 days of receipt of that notification inform the State 2 Superintendent of Education of the remedial or corrective 3 action to be taken, whether by amendment of the current 4 plan, if feasible, or by adjustment in the plan for the 5 following year. Failure to provide the expenditure 6 report or the notification of remedial or corrective 7 action in a timely manner shall result in a withholding 8 of the affected funds. 9 The State Board of Education shall promulgate rules 10 and regulations to implement the provisions of this 11 subsection. No funds shall be released under this 12 subdivision (H)(4) to any district that has not submitted 13 a plan that has been approved by the State Board of 14 Education. 15 (I) General State Aid for Newly Configured School Districts. 16 (1) For a new school district formed by combining 17 property included totally within 2 or more previously 18 existing school districts, for its first year of existence 19 the general State aid and supplemental general State aid 20 calculated under this Section shall be computed for the new 21 district and for the previously existing districts for which 22 property is totally included within the new district. If the 23 computation on the basis of the previously existing districts 24 is greater, a supplementary payment equal to the difference 25 shall be made for the first 4 years of existence of the new 26 district. 27 (2) For a school district which annexes all of the 28 territory of one or more entire other school districts, for 29 the first year during which the change of boundaries 30 attributable to such annexation becomes effective for all 31 purposes as determined under Section 7-9 or 7A-8, the general 32 State aid and supplemental general State aid calculated under 33 this Section shall be computed for the annexing district as 34 constituted after the annexation and for the annexing and SB291 Enrolled -30- LRB9100133NTsb 1 each annexed district as constituted prior to the annexation; 2 and if the computation on the basis of the annexing and 3 annexed districts as constituted prior to the annexation is 4 greater, a supplementary payment equal to the difference 5 shall be made for the first 4 years of existence of the 6 annexing school district as constituted upon such annexation. 7 (3) For 2 or more school districts which annex all of 8 the territory of one or more entire other school districts, 9 and for 2 or more community unit districts which result upon 10 the division (pursuant to petition under Section 11A-2) of 11 one or more other unit school districts into 2 or more parts 12 and which together include all of the parts into which such 13 other unit school district or districts are so divided, for 14 the first year during which the change of boundaries 15 attributable to such annexation or division becomes effective 16 for all purposes as determined under Section 7-9 or 11A-10, 17 as the case may be, the general State aid and supplemental 18 general State aid calculated under this Section shall be 19 computed for each annexing or resulting district as 20 constituted after the annexation or division and for each 21 annexing and annexed district, or for each resulting and 22 divided district, as constituted prior to the annexation or 23 division; and if the aggregate of the general State aid and 24 supplemental general State aid as so computed for the 25 annexing or resulting districts as constituted after the 26 annexation or division is less than the aggregate of the 27 general State aid and supplemental general State aid as so 28 computed for the annexing and annexed districts, or for the 29 resulting and divided districts, as constituted prior to the 30 annexation or division, then a supplementary payment equal to 31 the difference shall be made and allocated between or among 32 the annexing or resulting districts, as constituted upon such 33 annexation or division, for the first 4 years of their 34 existence. The total difference payment shall be allocated SB291 Enrolled -31- LRB9100133NTsb 1 between or among the annexing or resulting districts in the 2 same ratio as the pupil enrollment from that portion of the 3 annexed or divided district or districts which is annexed to 4 or included in each such annexing or resulting district bears 5 to the total pupil enrollment from the entire annexed or 6 divided district or districts, as such pupil enrollment is 7 determined for the school year last ending prior to the date 8 when the change of boundaries attributable to the annexation 9 or division becomes effective for all purposes. The amount 10 of the total difference payment and the amount thereof to be 11 allocated to the annexing or resulting districts shall be 12 computed by the State Board of Education on the basis of 13 pupil enrollment and other data which shall be certified to 14 the State Board of Education, on forms which it shall provide 15 for that purpose, by the regional superintendent of schools 16 for each educational service region in which the annexing and 17 annexed districts, or resulting and divided districts are 18 located. 19 (3.5) Claims for financial assistance under this 20 subsection (I) shall not be recomputed except as expressly 21 provided under this Section. 22 (4) Any supplementary payment made under this subsection 23 (I) shall be treated as separate from all other payments made 24 pursuant to this Section. 25 (J) Supplementary Grants in Aid. 26 (1) Notwithstanding any other provisions of this 27 Section, the amount of the aggregate general State aid in 28 combination with supplemental general State aid under this 29 Section for which each school district is eligible shall be 30 no less than the amount of the aggregate general State aid 31 entitlement that was received by the district under Section 32 18-8 (exclusive of amounts received under subsections 5(p) 33 and 5(p-5) of that Section) for the 1997-98 school year, 34 pursuant to the provisions of that Section as it was then in SB291 Enrolled -32- LRB9100133NTsb 1 effect. If a school district qualifies to receive a 2 supplementary payment made under this subsection (J), the 3 amount of the aggregate general State aid in combination with 4 supplemental general State aid under this Section which that 5 district is eligible to receive for each school year shall be 6 no less than the amount of the aggregate general State aid 7 entitlement that was received by the district under Section 8 18-8 (exclusive of amounts received under subsections 5(p) 9 and 5(p-5) of that Section) for the 1997-1998 school year, 10 pursuant to the provisions of that Section as it was then in 11 effect. 12 (2) If, as provided in paragraph (1) of this subsection 13 (J), a school district is to receive aggregate general State 14 aid in combination with supplemental general State aid under 15 this Section for the 1998-99 school year and any subsequent 16 school year that in any such school year is less than the 17 amount of the aggregate general State aid entitlement that 18 the district received for the 1997-98 school year, the school 19 district shall also receive, from a separate appropriation 20 made for purposes of this subsection (J), a supplementary 21 payment that is equal to the amount of the difference in the 22 aggregate State aid figures as described in paragraph (1). 23 (3) (Blank). 24 (K) Grants to Laboratory and Alternative Schools. 25 In calculating the amount to be paid to the governing 26 board of a public university that operates a laboratory 27 school under this Section or to any alternative school that 28 is operated by a regional superintendent of schools, the 29 State Board of Education shall require by rule such reporting 30 requirements as it deems necessary. 31 As used in this Section, "laboratory school" means a 32 public school which is created and operated by a public 33 university and approved by the State Board of Education. The 34 governing board of a public university which receives funds SB291 Enrolled -33- LRB9100133NTsb 1 from the State Board under this subsection (K) may not 2 increase the number of students enrolled in its laboratory 3 school from a single district, if that district is already 4 sending 50 or more students, except under a mutual agreement 5 between the school board of a student's district of residence 6 and the university which operates the laboratory school. A 7 laboratory school may not have more than 1,000 students, 8 excluding students with disabilities in a special education 9 program. 10 As used in this Section, "alternative school" means a 11 public school which is created and operated by a Regional 12 Superintendent of Schools and approved by the State Board of 13 Education. Such alternative schools may offer courses of 14 instruction for which credit is given in regular school 15 programs, courses to prepare students for the high school 16 equivalency testing program or vocational and occupational 17 training. A regional superintendent of schools may contract 18 with a school district or a public community college district 19 to operate an alternative school. An alternative school 20 serving more than one educational service region may be 21 established by the regional superintendents of schools of the 22 affected educational service regions. An alternative school 23 serving more than one educational service region may be 24 operated under such terms as the regional superintendents of 25 schools of those educational service regions may agree. 26 Each laboratory and alternative school shall file, on 27 forms provided by the State Superintendent of Education, an 28 annual State aid claim which states the Average Daily 29 Attendance of the school's students by month. The best 3 30 months' Average Daily Attendance shall be computed for each 31 school. The general State aid entitlement shall be computed 32 by multiplying the applicable Average Daily Attendance by the 33 Foundation Level as determined under this Section. 34 (L) Payments, Additional Grants in Aid and Other SB291 Enrolled -34- LRB9100133NTsb 1 Requirements. 2 (1) For a school district operating under the financial 3 supervision of an Authority created under Article 34A, the 4 general State aid otherwise payable to that district under 5 this Section, but not the supplemental general State aid, 6 shall be reduced by an amount equal to the budget for the 7 operations of the Authority as certified by the Authority to 8 the State Board of Education, and an amount equal to such 9 reduction shall be paid to the Authority created for such 10 district for its operating expenses in the manner provided in 11 Section 18-11. The remainder of general State school aid for 12 any such district shall be paid in accordance with Article 13 34A when that Article provides for a disposition other than 14 that provided by this Article. 15 (2) (Blank).Impaction. Impaction payments shall be16made as provided for in Section 18-4.2.17 (3) Summer school. Summer school payments shall be made 18 as provided in Section 18-4.3. 19 (M) Education Funding Advisory Board. 20 The Education Funding Advisory Board, hereinafter in this 21 subsection (M) referred to as the "Board", is hereby created. 22 The Board shall consist of 5 members who are appointed by the 23 Governor, by and with the advice and consent of the Senate. 24 The members appointed shall include representatives of 25 education, business, and the general public. One of the 26 members so appointed shall be designated by the Governor at 27 the time the appointment is made as the chairperson of the 28 Board. The initial members of the Board may be appointed any 29 time after the effective date of this amendatory Act of 1997. 30 The regular term of each member of the Board shall be for 4 31 years from the third Monday of January of the year in which 32 the term of the member's appointment is to commence, except 33 that of the 5 initial members appointed to serve on the 34 Board, the member who is appointed as the chairperson shall SB291 Enrolled -35- LRB9100133NTsb 1 serve for a term that commences on the date of his or her 2 appointment and expires on the third Monday of January, 2002, 3 and the remaining 4 members, by lots drawn at the first 4 meeting of the Board that is held after all 5 members are 5 appointed, shall determine 2 of their number to serve for 6 terms that commence on the date of their respective 7 appointments and expire on the third Monday of January, 2001, 8 and 2 of their number to serve for terms that commence on the 9 date of their respective appointments and expire on the third 10 Monday of January, 2000. All members appointed to serve on 11 the Board shall serve until their respective successors are 12 appointed and confirmed. Vacancies shall be filled in the 13 same manner as original appointments. If a vacancy in 14 membership occurs at a time when the Senate is not in 15 session, the Governor shall make a temporary appointment 16 until the next meeting of the Senate, when he or she shall 17 appoint, by and with the advice and consent of the Senate, a 18 person to fill that membership for the unexpired term. If 19 the Senate is not in session when the initial appointments 20 are made, those appointments shall be made as in the case of 21 vacancies. 22 The Education Funding Advisory Board shall be deemed 23 established, and the initial members appointed by the 24 Governor to serve as members of the Board shall take office, 25 on the date that the Governor makes his or her appointment of 26 the fifth initial member of the Board, whether those initial 27 members are then serving pursuant to appointment and 28 confirmation or pursuant to temporary appointments that are 29 made by the Governor as in the case of vacancies. 30 The State Board of Education shall provide such staff 31 assistance to the Education Funding Advisory Board as is 32 reasonably required for the proper performance by the Board 33 of its responsibilities. 34 For school years after the 2000-2001 school year, the SB291 Enrolled -36- LRB9100133NTsb 1 Education Funding Advisory Board, in consultation with the 2 State Board of Education, shall make recommendations as 3 provided in this subsection (M) to the General Assembly for 4 the foundation level under subdivision (B)(3) of this Section 5 and for the supplemental general State aid grant level under 6 subsection (H) of this Section for districts with high 7 concentrations of children from poverty. The recommended 8 foundation level shall be determined based on a methodology 9 which incorporates the basic education expenditures of 10 low-spending schools exhibiting high academic performance. 11 The Education Funding Advisory Board shall make such 12 recommendations to the General Assembly on January 1 of odd 13 numbered years, beginning January 1, 2001. 14 (N) General State Aid Adjustment Grant. 15 (1) Any school district subject to property tax 16 extension limitations as imposed under the provisions of the 17 Property Tax Extension Limitation Law shall be entitled to 18 receive, subject to the qualifications and requirements of 19 this subsection, a general State aid adjustment grant. 20 Eligibility for this grant shall be determined on an annual 21 basis and claims for grant payments shall be paid subject to 22 appropriations made specific to this subsection. For 23 purposes of this subsection the following terms shall have 24 the following meanings: 25 "Budget Year": The school year for which general State 26 aid is calculated and awarded under subsection (E). 27 "Current Year": The school year immediately preceding 28 the Budget Year. 29 "Base Tax Year": The property tax levy year used to 30 calculate the Budget Year allocation of general State aid. 31 "Preceding Tax Year": The property tax levy year 32 immediately preceding the Base Tax Year. 33 "Extension Limitation Ratio": A numerical ratio, 34 certified by a school district's County Clerk, in which the SB291 Enrolled -37- LRB9100133NTsb 1 numerator is the Base Tax Year's tax extension amount 2 resulting from the Limiting Rate and the denominator is the 3 Preceding Tax Year's tax extension amount resulting from the 4 Limiting Rate. 5 "Limiting Rate": The limiting rate as defined in the 6 Property Tax Extension Limitation Law. 7 "Preliminary Tax Rate": The tax rate for all purposes 8 except bond and interest that would have been used to extend 9 those taxes absent the provisions of the Property Tax 10 Extension Limitation Law. 11 (2) To qualify for a general State aid adjustment grant, 12 a school district must meet all of the following eligibility 13 criteria for each Budget Year for which a grant is claimed: 14 (a) (Blank). 15 (b) The Preliminary Tax Rate of the school district 16 for the Base Tax Year was reduced by the Clerk of the 17 County as a result of the requirements of the Property 18 Tax Extension Limitation Law. 19 (c) The Available Local Resources per pupil of the 20 school district as calculated pursuant to subsection (D) 21 using the Base Tax Year are less than the product of 1.75 22 times the Foundation Level for the Budget Year. 23 (d) The school district has filed a proper and 24 timely claim for a general State aid adjustment grant as 25 required under this subsection. 26 (3) A claim for grant assistance under this subsection 27 shall be filed with the State Board of Education on or before 28 April 1 of the Current Year for a grant for the Budget Year. 29 The claim shall be made on forms prescribed by the State 30 Board of Education and must be accompanied by a written 31 statement from the Clerk of the County, certifying: 32 (a) That the school district had its Preliminary 33 Tax Rate for the Base Tax Year reduced as a result of the 34 Property Tax Extension Limitation Law. SB291 Enrolled -38- LRB9100133NTsb 1 (b) (Blank). 2 (c) The Extension Limitation Ratio as that term is 3 defined in this subsection. 4 (4) On or before August 1 of the Budget Year the State 5 Board of Education shall calculate, for all school districts 6 meeting the other requirements of this subsection, the amount 7 of the general State aid adjustment grant, if any, that the 8 school districts are eligible to receive in the Budget Year. 9 The amount of the general State aid adjustment grant shall be 10 calculated as follows: 11 (a) Determine the school district's general State 12 aid grant for the Budget Year as provided in accordance 13 with the provisions of subsection (E). 14 (b) Determine the school district's adjusted level 15 of general State aid by utilizing in the calculation of 16 Available Local Resources the equalized assessed 17 valuation that was used to calculate the general State 18 aid for the preceding fiscal year multiplied by the 19 Extension Limitation Ratio. 20 (c) Subtract the sum derived in subparagraph (a) 21 from the sum derived in subparagraph (b). If the result 22 is a positive number, that amount shall be the general 23 State aid adjustment grant that the district is eligible 24 to receive. 25 (5) The State Board of Education shall in the Current 26 Year, based upon claims filed in the Current Year, recommend 27 to the General Assembly an appropriation amount for the 28 general State aid adjustment grants to be made in the Budget 29 Year. 30 (6) Claims for general State aid adjustment grants shall 31 be paid in a lump sum on or before January 1 of the Budget 32 Year only from appropriations made by the General Assembly 33 expressly for claims under this subsection. No such claims 34 may be paid from amounts appropriated for any other purpose SB291 Enrolled -39- LRB9100133NTsb 1 provided for under this Section. In the event that the 2 appropriation for claims under this subsection is 3 insufficient to meet all Budget Year claims for a general 4 State aid adjustment grant, the appropriation available shall 5 be proportionately prorated by the State Board of Education 6 amongst all districts filing for and entitled to payments. 7 (7) The State Board of Education shall promulgate the 8 required claim forms and rules necessary to implement the 9 provisions of this subsection. 10 (O) References. 11 (1) References in other laws to the various subdivisions 12 of Section 18-8 as that Section existed before its repeal and 13 replacement by this Section 18-8.05 shall be deemed to refer 14 to the corresponding provisions of this Section 18-8.05, to 15 the extent that those references remain applicable. 16 (2) References in other laws to State Chapter 1 funds 17 shall be deemed to refer to the supplemental general State 18 aid provided under subsection (H) of this Section. 19 (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566; 20 90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff. 21 7-30-98; revised 9-16-98.) 22 (105 ILCS 5/27A-9) 23 Sec. 27A-9. Term of charter; renewal. 24 (a) A charter may be granted for a period not less than 25 3 and not more than 5 school years. A charter may be renewed 26 in incremental periods not to exceed 5 school years. 27 (b) A charter school renewal proposal submitted to the 28 local school board shall contain: 29 (1) A report on the progress of the charter school 30 in achieving the goals, objectives, pupil performance 31 standards, content standards, and other terms of the 32 initial approved charter proposal; and 33 (2) A financial statement that discloses the costs SB291 Enrolled -40- LRB9100133NTsb 1 of administration, instruction, and other spending 2 categories for the charter school that is understandable 3 to the general public and that will allow comparison of 4 those costs to other schools or other comparable 5 organizations, in a format required by the State Board. 6 (c) A charter may be revoked or not renewed if the local 7 school board clearly demonstrates that the charter school did 8 any of the following, or otherwise failed to comply with the 9 requirements of this law: 10 (1) Committed a material violation of any of the 11 conditions, standards, or procedures set forth in the 12 charter. 13 (2) Failed to meet or make reasonable progress 14 toward achievement of the content standards or pupil 15 performance standards identified in the charter. 16 (3) Failed to meet generally accepted standards of 17 fiscal management. 18 (4) Violated any provision of law from which the 19 charter school was not exempted. 20 (d) (Blank). 21 (e) Notice of a local school board's decision to deny, 22 revoke or not to renew a charter shall be provided to the 23 State Board. The State Board may reverse a local board's 24 decision if the State Board finds that the charter school or 25 charter school proposal (i) is in compliance with this 26 Article, and (ii) is in the best interests of the students it 27 is designed to serve. Final decisions of the State Board 28 shall be subject to judicial review under the Administrative 29 Review Law. 30 (f) Notwithstanding other provisions of this Article, if 31 the State Board on appeal reverses a local board's decision, 32 the State Board shall act as the authorized chartering entity 33 for the charter school. The State Board shall approve and 34 certify the charter and shall perform all functions under SB291 Enrolled -41- LRB9100133NTsb 1 this Article otherwise performed by the local school board. 2 The State Board shall report the aggregate number of charter 3 school pupils resident in a school district to that district 4 and shall notify the district of the amount of funding to be 5 paid by the State Board to the charter school enrolling such 6 students. The State Board shall require the charter school 7 to maintain accurate records of daily attendance that shall 8 be deemed sufficient to file claims under Section 18-8.05 9 notwithstanding any other requirements of that Section 10 regarding hours of instruction and teacher certification. 11 The State Board shall withhold from funds otherwise due the 12 district the funds authorized by this Article to be paid to 13 the charter school and shall pay such amounts to the charter 14 school. 15 (Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98.) 16 (105 ILCS 5/29-5) (from Ch. 122, par. 29-5) 17 Sec. 29-5. Reimbursement by State for transportation. 18 Any school district, maintaining a school, transporting 19 resident pupils to another school district's vocational 20 program, offered through a joint agreement approved by the 21 State Board of Education, as provided in Section 10-22.22 or 22 transporting its resident pupils to a school which meets the 23 standards for recognition as established by the State Board 24 of Education which provides transportation meeting the 25 standards of safety, comfort, convenience, efficiency and 26 operation prescribed by the State Board of Education for 27 resident pupils in kindergarten or any of grades 1 through 12 28 who: (a) reside at least 1 1/2 miles as measured by the 29 customary route of travel, from the school attended; or (b) 30 reside in areas where conditions are such that walking 31 constitutes a hazard to the safety of the child when 32 determined under Section 29-3; and (c) are transported to the 33 school attended from pick-up points at the beginning of the SB291 Enrolled -42- LRB9100133NTsb 1 school day and back again at the close of the school day or 2 transported to and from their assigned attendance centers 3 during the school day, shall be reimbursed by the State as 4 hereinafter provided in this Section. 5 The State will pay the cost of transporting eligible 6 pupils less the assessed valuation in a dual school district 7 maintaining secondary grades 9 to 12 inclusive times a 8 qualifying rate of .05%; in elementary school districts 9 maintaining grades K to 8 times a qualifying rate of .06%; in 10 unit districts maintaining grades K to 12 times a qualifying 11 rate of .07%. To be eligible to receive reimbursement in 12 excess of 4/5 of the cost to transport eligible pupils, a 13 school district shall have a Transportation Fund tax rate of 14 at least .12%. If a school district does not have a .12% 15 Transportation Fund tax rate, the amount of its claim in 16 excess of 4/5 of the cost of transporting pupils shall be 17 reduced by the sum arrived at by subtracting the 18 Transportation Fund tax rate from .12% and multiplying that 19 amount by the districts equalized or assessed valuation, 20 provided, that in no case shall said reduction result in 21 reimbursement of less than 4/5 of the cost to transport 22 eligible pupils. 23 The minimum amount to be received by a district is $16 24 times the number of eligible pupils transported. 25 Any such district transporting resident pupils during the 26 school day to an area vocational school or another school 27 district's vocational program more than 1 1/2 miles from the 28 school attended, as provided in Sections 10-22.20a and 29 10-22.22, shall be reimbursed by the State for 4/5 of the 30 cost of transporting eligible pupils. 31 School day means that period of time which the pupil is 32 required to be in attendance for instructional purposes. 33 If a pupil is at a location within the school district 34 other than his residence for child care purposes at the time SB291 Enrolled -43- LRB9100133NTsb 1 for transportation to school, that location may be considered 2 for purposes of determining the 1 1/2 miles from the school 3 attended. 4 Claims for reimbursement that include children who attend 5 any school other than a public school shall show the number 6 of such children transported. 7 Claims for reimbursement under this Section shall not be 8 paid for the transportation of pupils for whom transportation 9 costs are claimed for payment under other Sections of this 10 Act. 11 The allowable direct cost of transporting pupils for 12 regular, vocational, and special education pupil 13 transportation shall be limited to the sum of the cost of 14 physical examinations required for employment as a school bus 15 driver; the salaries of full or part-time drivers and school 16 bus maintenance personnel; employee benefits excluding 17 Illinois municipal retirement payments, social security 18 payments, unemployment insurance payments and workers' 19 compensation insurance premiums; expenditures to independent 20 carriers who operate school buses; payments to other school 21 districts for pupil transportation services; pre-approved 22 contractual expenditures for computerized bus scheduling; the 23 cost of gasoline, oil, tires, and other supplies necessary 24 for the operation of school buses; the cost of converting 25 buses' gasoline engines to more fuel efficient engines or to 26 engines which use alternative energy sources; the cost of 27 travel to meetings and workshops conducted by the regional 28 superintendent or the State Superintendent of Education 29 pursuant to the standards established by the Secretary of 30 State under Section 6-106 of the Illinois Vehicle Code to 31 improve the driving skills of school bus drivers; the cost of 32 maintenance of school buses including parts and materials 33 used; expenditures for leasing transportation vehicles, 34 except interest and service charges; the cost of insurance SB291 Enrolled -44- LRB9100133NTsb 1 and licenses for transportation vehicles; expenditures for 2 the rental of transportation equipment; plus a depreciation 3 allowance of 20% for 5 years for school buses and vehicles 4 approved for transporting pupils to and from school and a 5 depreciation allowance of 10% for 10 years for other 6 transportation equipment so used. In addition to the above 7 allowable costs school districts shall also claim all 8 transportation supervisory salary costs, including Illinois 9 municipal retirement payments, and all transportation related 10 building and building maintenance costs without limitation. 11 Special education allowable costs shall also include 12 expenditures for the salaries of attendants or aides for that 13 portion of the time they assist special education pupils 14 while in transit and expenditures for parents and public 15 carriers for transporting special education pupils when 16 pre-approved by the State Superintendent of Education. 17 Indirect costs shall be included in the reimbursement 18 claim for districts which own and operate their own school 19 buses. Such indirect costs shall include administrative 20 costs, or any costs attributable to transporting pupils from 21 their attendance centers to another school building for 22 instructional purposes. No school district which owns and 23 operates its own school buses may claim reimbursement for 24 indirect costs which exceed 5% of the total allowable direct 25 costs for pupil transportation. 26 The State Board of Education shall prescribe uniform 27 regulations for determining the above standards and shall 28 prescribe forms of cost accounting and standards of 29 determining reasonable depreciation. Such depreciation shall 30 include the cost of equipping school buses with the safety 31 features required by law or by the rules, regulations and 32 standards promulgated by the State Board of Education, and 33 the Department of Transportation for the safety and 34 construction of school buses provided, however, any equipment SB291 Enrolled -45- LRB9100133NTsb 1 cost reimbursed by the Department of Transportation for 2 equipping school buses with such safety equipment shall be 3 deducted from the allowable cost in the computation of 4 reimbursement under this Section in the same percentage as 5 the cost of the equipment is depreciated. 6 On or before July 10, annually, the board clerk or the 7 secretary of the district shall certify to the regional 8 superintendent of schools upon forms prescribed by the State 9 Superintendent of Education the district's claim for 10 reimbursement for the school year ended on June 30 next 11 preceding. The regional superintendent of schools shall 12 check all transportation claims to ascertain compliance with 13 the prescribed standards and upon his approval shall certify 14 not later than July 25 to the State Superintendent of 15 Education the regional report of claims for reimbursements. 16 The State Superintendent of Education shall check and approve 17 the claims and prepare the vouchers showing the amounts due 18 for district reimbursement claims. Beginning with the 1977 19 fiscal year, the State Superintendent of Education shall 20 prepare and transmit the first 3 vouchers to the Comptroller 21 on the 30th day of September, December and March, 22 respectively, and the final voucher, no later than June 15. 23 If the amount appropriated for transportation 24 reimbursement is insufficient to fund total claims for any 25 fiscal year, the State Board of Education shall reduce each 26 school district's allowable costs and flat grant amount 27 proportionately to make total adjusted claims equal the total 28 amount appropriated. 29 For purposes of calculating claims for reimbursement 30 under this Section for any school year beginning July 1, 1998 311980, or thereafter, the equalized assessed valuation for a 32 school district used to compute reimbursement shall be 33 computed in the same manner as it is computed under paragraph 34 (2) of subsection (G) of Section 18-8.05.determined bySB291 Enrolled -46- LRB9100133NTsb 1adding to the real property equalized assessed valuation for2the district an amount computed by dividing the amount of3money received by the district under the provisions of "An4Act in relation to the abolition of ad valorem personal5property tax and the replacement of revenues lost thereby,6and amending and repealing certain Acts and parts of Acts in7connection therewith", certified August 14, 1979, as amended,8by the total tax rate for the district. For purposes of this9subsection, 1976 tax rates shall be used for school districts10in the county of Cook, and 1977 tax rates shall be used in11all other counties. For the purposes of calculating claims12for reimbursement under this Section for any school year13beginning July 1, 1986, or thereafter, the real property14equalized assessed valuation for a school district used to15compute reimbursement shall be determined by subtracting from16the real property value as equalized or assessed by the17Department of Revenue for the district an amount computed by18dividing the amount of any abatement of taxes under Section1918-170 of the Property Tax Code by the maximum operating tax20rates specified in subsection 5(c) of Section 18-8.21 All reimbursements received from the State shall be 22 deposited into the district's transportation fund or into the 23 fund from which the allowable expenditures were made. 24 (Source: P.A. 88-612, eff. 7-1-95; 88-641, eff. 9-9-94; 25 88-670, eff. 12-2-94; 89-235, eff. 8-4-95.) 26 (105 ILCS 5/18-4.2 rep.) 27 Section 15. The School Code is amended by repealing 28 Section 18-4.2. 29 Section 99. Effective date. This Act takes effect upon 30 becoming law.