State of Illinois
92nd General Assembly
Legislation

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[ House Amendment 002 ][ Senate Amendment 001 ]


92_SB0284enr

 
SB284 Enrolled                                 LRB9207721NTmb

 1        AN ACT relating to schools.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  School  Code  is  amended  by changing
 5    Section 18-8.05 as follows:

 6        (105 ILCS 5/18-8.05)
 7        Sec. 18-8.05.  Basis for apportionment of  general  State
 8    financial  aid  and  supplemental  general  State  aid to the
 9    common schools for the 1998-1999 and subsequent school years.

10    (A)  General Provisions.
11        (1)  The  provisions  of  this  Section  apply   to   the
12    1998-1999 and subsequent school years.  The system of general
13    State  financial aid provided for in this Section is designed
14    to assure that, through a combination of State financial  aid
15    and  required local resources, the financial support provided
16    each pupil in Average Daily Attendance equals  or  exceeds  a
17    prescribed per pupil Foundation Level.  This formula approach
18    imputes  a  level  of per pupil Available Local Resources and
19    provides for the basis to calculate  a  per  pupil  level  of
20    general  State  financial  aid  that, when added to Available
21    Local Resources, equals or exceeds the Foundation Level.  The
22    amount of per pupil general State financial  aid  for  school
23    districts,   in   general,  varies  in  inverse  relation  to
24    Available Local Resources.  Per pupil amounts are based  upon
25    each  school district's Average Daily Attendance as that term
26    is defined in this Section.
27        (2)  In addition to general State financial  aid,  school
28    districts  with  specified levels or concentrations of pupils
29    from  low  income  households   are   eligible   to   receive
30    supplemental  general  State financial aid grants as provided
31    pursuant to subsection (H). The supplemental State aid grants
 
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 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
 
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 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
 
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 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.
 
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 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 1.05%, 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
 
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 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
 
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 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        (5)  The amount of  general  State  aid  allocated  to  a
 7    school  district  for  the  1999-2000 school year meeting the
 8    requirements set forth in paragraph  (4)  of  subsection  (G)
 9    shall  be  increased  by an amount equal to the general State
10    aid that would have been received by  the  district  for  the
11    1998-1999  school  year by utilizing the Extension Limitation
12    Equalized Assessed Valuation as calculated in  paragraph  (4)
13    of subsection (G) less the general State aid allotted for the
14    1998-1999  school  year.   This  amount shall be deemed a one
15    time increase, and shall not affect any future general  State
16    aid allocations.

17    (F)  Compilation of Average Daily Attendance.
18        (1)  Each  school district shall, by July 1 of each year,
19    submit to the State Board of Education, on  forms  prescribed
20    by  the  State Board of Education, attendance figures for the
21    school year that began in the preceding calendar  year.   The
22    attendance  information  so  transmitted  shall  identify the
23    average daily attendance figures for each month of the school
24    year, except that any days of attendance in August  shall  be
25    added to the month of September and any days of attendance in
26    June shall be added to the month of May.
27        Except  as  otherwise  provided  in this Section, days of
28    attendance by pupils shall be counted only  for  sessions  of
29    not  less  than  5  clock  hours of school work per day under
30    direct supervision of: (i)  teachers,  or  (ii)  non-teaching
31    personnel   or   volunteer   personnel   when   engaging   in
32    non-teaching   duties  and  supervising  in  those  instances
33    specified in subsection (a) of Section 10-22.34 and paragraph
34    10 of Section 34-18, with pupils of legal school age  and  in
 
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 1    kindergarten and grades 1 through 12.
 2        Days  of attendance by tuition pupils shall be accredited
 3    only to the districts that pay the tuition  to  a  recognized
 4    school.
 5        (2)  Days  of  attendance  by pupils of less than 5 clock
 6    hours of school shall be subject to the following  provisions
 7    in the compilation of Average Daily Attendance.
 8             (a)  Pupils  regularly  enrolled  in a public school
 9        for only a part of the school day may be counted  on  the
10        basis  of  1/6 day for every class hour of instruction of
11        40 minutes or more attended pursuant to such enrollment.
12             (b)  Days of attendance may be  less  than  5  clock
13        hours  on the opening and closing of the school term, and
14        upon the first day of pupil attendance, if preceded by  a
15        day  or  days  utilized  as  an  institute  or  teachers'
16        workshop.
17             (c)  A  session  of  4  or  more  clock hours may be
18        counted as a day of attendance upon certification by  the
19        regional   superintendent,  and  approved  by  the  State
20        Superintendent  of  Education  to  the  extent  that  the
21        district has been forced to use daily multiple sessions.
22             (d)  A session of 3  or  more  clock  hours  may  be
23        counted  as a day of attendance (1) when the remainder of
24        the school day or at least 2 hours in the evening of that
25        day is utilized for an in-service  training  program  for
26        teachers,  up  to  a maximum of 5 days per school year of
27        which a maximum of 4 days of such 5 days may be used  for
28        parent-teacher  conferences, provided a district conducts
29        an in-service training program  for  teachers  which  has
30        been  approved  by the State Superintendent of Education;
31        or, in lieu of 4 such days, 2 full days may be  used,  in
32        which  event  each  such  day  may be counted as a day of
33        attendance; and  (2)  when  days  in  addition  to  those
34        provided  in  item (1) are scheduled by a school pursuant
 
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 1        to its school improvement plan adopted under  Article  34
 2        or its revised or amended school improvement plan adopted
 3        under  Article 2, provided that (i) such sessions of 3 or
 4        more clock  hours  are  scheduled  to  occur  at  regular
 5        intervals, (ii) the remainder of the school days in which
 6        such  sessions occur are utilized for in-service training
 7        programs  or  other  staff  development  activities   for
 8        teachers,  and  (iii)  a  sufficient number of minutes of
 9        school work under the direct supervision of teachers  are
10        added to the school days between such regularly scheduled
11        sessions  to  accumulate  not  less  than  the  number of
12        minutes by which such sessions of 3 or more  clock  hours
13        fall  short  of 5 clock hours. Any full days used for the
14        purposes of this paragraph shall not  be  considered  for
15        computing  average  daily attendance.  Days scheduled for
16        in-service   training   programs,    staff    development
17        activities,   or   parent-teacher   conferences   may  be
18        scheduled  separately  for  different  grade  levels  and
19        different attendance centers of the district.
20             (e)  A session of not less than one  clock  hour  of
21        teaching  hospitalized  or homebound pupils on-site or by
22        telephone to the classroom may be counted as 1/2  day  of
23        attendance,  however  these pupils must receive 4 or more
24        clock hours of instruction to be counted for a  full  day
25        of attendance.
26             (f)  A  session  of  at  least  4 clock hours may be
27        counted as a day of attendance for  first  grade  pupils,
28        and  pupils in full day kindergartens, and a session of 2
29        or more hours may be counted as 1/2 day of attendance  by
30        pupils  in  kindergartens  which  provide only 1/2 day of
31        attendance.
32             (g)  For children with disabilities  who  are  below
33        the  age of 6 years and who cannot attend 2 or more clock
34        hours  because  of  their  disability  or  immaturity,  a
 
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 1        session of not less than one clock hour may be counted as
 2        1/2 day of attendance; however for  such  children  whose
 3        educational needs so require a session of 4 or more clock
 4        hours may be counted as a full day of attendance.
 5             (h)  A  recognized  kindergarten  which provides for
 6        only 1/2 day of attendance by each pupil shall  not  have
 7        more  than  1/2 day of attendance counted in any one day.
 8        However, kindergartens may count 2 1/2 days of attendance
 9        in any 5 consecutive school days.  When a  pupil  attends
10        such  a  kindergarten  for  2 half days on any one school
11        day, the pupil shall have the  following  day  as  a  day
12        absent  from  school,  unless the school district obtains
13        permission in writing from the  State  Superintendent  of
14        Education.  Attendance at kindergartens which provide for
15        a  full  day of attendance by each pupil shall be counted
16        the same as attendance by first grade pupils.   Only  the
17        first  year  of  attendance  in one kindergarten shall be
18        counted, except in  case  of  children  who  entered  the
19        kindergarten   in  their  fifth  year  whose  educational
20        development requires a second  year  of  kindergarten  as
21        determined  under  the rules and regulations of the State
22        Board of Education.

23    (G)  Equalized Assessed Valuation Data.
24        (1)  For purposes of the calculation of  Available  Local
25    Resources  required  pursuant  to  subsection  (D), the State
26    Board of  Education  shall  secure  from  the  Department  of
27    Revenue  the value as equalized or assessed by the Department
28    of Revenue of all taxable property of every school  district,
29    together  with  (i) the applicable tax rate used in extending
30    taxes for the funds of the district as of September 30 of the
31    previous year and (ii)  the  limiting  rate  for  all  school
32    districts  subject  to  property tax extension limitations as
33    imposed under the Property Tax Extension Limitation Law.
34        This equalized assessed valuation, as adjusted further by
 
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 1    the requirements of this subsection, shall be utilized in the
 2    calculation of Available Local Resources.
 3        (2)  The equalized assessed valuation  in  paragraph  (1)
 4    shall be adjusted, as applicable, in the following manner:
 5             (a)  For the purposes of calculating State aid under
 6        this  Section,  with  respect  to  any  part  of a school
 7        district within a redevelopment project area  in  respect
 8        to   which  a  municipality  has  adopted  tax  increment
 9        allocation  financing  pursuant  to  the  Tax   Increment
10        Allocation  Redevelopment Act, Sections 11-74.4-1 through
11        11-74.4-11  of  the  Illinois  Municipal  Code   or   the
12        Industrial  Jobs Recovery Law, Sections 11-74.6-1 through
13        11-74.6-50 of the Illinois Municipal Code, no part of the
14        current equalized assessed  valuation  of  real  property
15        located in any such project area which is attributable to
16        an  increase  above  the total initial equalized assessed
17        valuation of such property shall be used as part  of  the
18        equalized  assessed valuation of the district, until such
19        time as all redevelopment project costs have  been  paid,
20        as  provided  in  Section  11-74.4-8 of the Tax Increment
21        Allocation Redevelopment Act or in Section 11-74.6-35  of
22        the Industrial Jobs Recovery Law.  For the purpose of the
23        equalized  assessed  valuation of the district, the total
24        initial  equalized  assessed  valuation  or  the  current
25        equalized assessed valuation, whichever is  lower,  shall
26        be  used  until  such  time  as all redevelopment project
27        costs have been paid.
28             (b)  The real property equalized assessed  valuation
29        for  a  school  district shall be adjusted by subtracting
30        from the real property value as equalized or assessed  by
31        the  Department  of  Revenue  for  the district an amount
32        computed by dividing the amount of any abatement of taxes
33        under Section 18-170 of the Property Tax  Code  by  3.00%
34        for  a  district  maintaining grades kindergarten through
 
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 1        12,  by  2.30%  for   a   district   maintaining   grades
 2        kindergarten  through  8,  or  by  1.05%  for  a district
 3        maintaining grades 9 through 12 and adjusted by an amount
 4        computed by dividing the amount of any abatement of taxes
 5        under subsection (a) of Section 18-165  of  the  Property
 6        Tax  Code  by the same percentage rates for district type
 7        as specified in this subparagraph (b).
 8        (3)  For the 1999-2000 school year and each  school  year
 9    thereafter, if a school district meets all of the criteria of
10    this subsection (G)(3), the school district's Available Local
11    Resources  shall be calculated under subsection (D) using the
12    district's Extension Limitation Equalized Assessed  Valuation
13    as calculated under this subsection (G)(3).
14        For  purposes  of  this  subsection  (G)(3) the following
15    terms shall have the following meanings:
16             "Budget Year":  The school year  for  which  general
17        State aid is calculated and awarded under subsection (E).
18             "Base  Tax Year": The property tax levy year used to
19        calculate the Budget Year  allocation  of  general  State
20        aid.
21             "Preceding  Tax  Year":  The  property tax levy year
22        immediately preceding the Base Tax Year.
23             "Base Tax Year's Tax Extension": The product of  the
24        equalized assessed valuation utilized by the County Clerk
25        in  the  Base Tax Year multiplied by the limiting rate as
26        calculated  by  the  County  Clerk  and  defined  in  the
27        Property Tax Extension Limitation Law.
28             "Preceding Tax Year's Tax Extension": The product of
29        the equalized assessed valuation utilized by  the  County
30        Clerk  in  the  Preceding  Tax  Year  multiplied  by  the
31        Operating Tax Rate as defined in subsection (A).
32             "Extension  Limitation  Ratio":  A  numerical ratio,
33        certified by the County Clerk, in which the numerator  is
34        the  Base Tax Year's Tax Extension and the denominator is
 
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 1        the Preceding Tax Year's Tax Extension.
 2             "Operating Tax Rate":  The  operating  tax  rate  as
 3        defined in subsection (A).
 4        If a school district is subject to property tax extension
 5    limitations  as  imposed  under  the  Property  Tax Extension
 6    Limitation Law, and if the Available Local Resources of  that
 7    school  district  as  calculated  pursuant  to subsection (D)
 8    using the Base Tax Year are less than  the  product  of  1.75
 9    times  the  Foundation  Level  for the Budget Year, the State
10    Board of Education shall calculate the  Extension  Limitation
11    Equalized  Assessed  Valuation  of  that  district.   For the
12    1999-2000 school year,  the  Extension  Limitation  Equalized
13    Assessed  Valuation of a school district as calculated by the
14    State Board of Education shall be equal to the product of the
15    district's  1996  Equalized  Assessed   Valuation   and   the
16    district's  Extension  Limitation  Ratio.   For the 2000-2001
17    school year and each school year  thereafter,  the  Extension
18    Limitation  Equalized Assessed Valuation of a school district
19    as calculated by the State Board of Education shall be  equal
20    to  the  product  of the last calculated Extension Limitation
21    Equalized Assessed Valuation  and  the  district's  Extension
22    Limitation  Ratio.  If  the  Extension  Limitation  Equalized
23    Assessed  Valuation  of a school district as calculated under
24    this subsection (G)(3) is less than the district's  equalized
25    assessed  valuation  as  calculated  pursuant  to subsections
26    (G)(1) and (G)(2),  then  for  purposes  of  calculating  the
27    district's  general State aid for the Budget Year pursuant to
28    subsection (E), that Extension Limitation Equalized  Assessed
29    Valuation  shall  be  utilized  to  calculate  the district's
30    Available Local Resources under subsection (D).
31        (4)  For the purposes of calculating  general  State  aid
32    for  the  1999-2000  school  year  only, if a school district
33    experienced  a  triennial  reassessment  on   the   equalized
34    assessed  valuation  used  in  calculating  its general State
 
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 1    financial aid apportionment for the  1998-1999  school  year,
 2    the  State  Board  of Education shall calculate the Extension
 3    Limitation Equalized Assessed Valuation that would have  been
 4    used to calculate the district's 1998-1999 general State aid.
 5    This amount shall equal the product of the equalized assessed
 6    valuation  used  to  calculate  general  State  aid  for  the
 7    1997-1998 school year and the district's Extension Limitation
 8    Ratio.    If  the  Extension  Limitation  Equalized  Assessed
 9    Valuation of the school district  as  calculated  under  this
10    paragraph  (4) is less than the district's equalized assessed
11    valuation utilized in calculating  the  district's  1998-1999
12    general   State   aid   allocation,   then  for  purposes  of
13    calculating the district's  general  State  aid  pursuant  to
14    paragraph  (5)  of  subsection (E), that Extension Limitation
15    Equalized Assessed Valuation shall be utilized  to  calculate
16    the district's Available Local Resources.
17        (5)  For  school  districts  having  a  majority of their
18    equalized assessed  valuation  in  any  county  except  Cook,
19    DuPage,  Kane,  Lake,  McHenry,  or  Will,  if  the amount of
20    general State aid allocated to the school  district  for  the
21    1999-2000 school year under the provisions of subsection (E),
22    (H),  and  (J)  of  this  Section  is less than the amount of
23    general State aid allocated to the district for the 1998-1999
24    school year under these subsections, then the  general  State
25    aid  of the district for the 1999-2000 school year only shall
26    be increased by the difference between  these  amounts.   The
27    total payments made under this paragraph (5) shall not exceed
28    $14,000,000.    Claims  shall  be  prorated  if  they  exceed
29    $14,000,000.

30    (H)  Supplemental General State Aid.
31        (1)  In addition  to  the  general  State  aid  a  school
32    district  is  allotted pursuant to subsection (E), qualifying
33    school districts shall receive a grant, paid  in  conjunction
34    with   a  district's  payments  of  general  State  aid,  for
 
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 1    supplemental general State aid based upon  the  concentration
 2    level  of  children  from  low-income  households  within the
 3    school district. Supplemental State aid grants  provided  for
 4    school  districts under this subsection shall be appropriated
 5    for distribution to school districts as part of the same line
 6    item in which the  general  State  financial  aid  of  school
 7    districts is appropriated under this Section. For purposes of
 8    this  subsection,  the  term "Low-Income Concentration Level"
 9    shall be the low-income eligible pupil count  from  the  most
10    recently  available  federal  census  divided  by the Average
11    Daily Attendance of the school district. If, however, (i) the
12    percentage decrease from the 2 most recent  federal  censuses
13    in  the  low-income  eligible  pupil  count  of a high school
14    district with fewer than 400 students exceeds by 75% or  more
15    the  percentage change in the total low-income eligible pupil
16    count  of  contiguous  elementary  school  districts,   whose
17    boundaries  are coterminous with the high school district, or
18    (ii) a high school district within 2 counties and  serving  5
19    elementary school districts, whose boundaries are coterminous
20    with the high school district, has a percentage decrease from
21    the 2 most recent federal censuses in the low-income eligible
22    pupil  count  and there is a percentage increase in the total
23    low-income  eligible  pupil  count  of  a  majority  of   the
24    elementary  school districts in excess of 50% from the 2 most
25    recent federal censuses,  then  the  high  school  district's
26    low-income  eligible  pupil  count  from  the earlier federal
27    census shall be the number used as  the  low-income  eligible
28    pupil  count  for  the  high school district, for purposes of
29    this subsection (H).  The changes made to this paragraph  (1)
30    by  this  amendatory  Act  of the 92nd General Assembly shall
31    apply to supplemental general State aid grants paid in fiscal
32    year 1999 and in each fiscal year thereafter and to any State
33    aid payments made in fiscal year  1994  through  fiscal  year
34    1998 pursuant to subsection 1(n) of Section 18-8 of this Code
 
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 1    (which  was  repealed  on  July 1, 1998), and any high school
 2    district that is affected by this amendatory Act of the  92nd
 3    General  Assembly  is  entitled  to  a  recomputation  of its
 4    supplemental general State aid grant or State aid paid in any
 5    of those fiscal  years.   This  recomputation  shall  not  be
 6    affected by any other funding.
 7        (2)  Supplemental  general  State  aid  pursuant  to this
 8    subsection shall be provided as follows:
 9             (a)  For any  school  district  with  a  Low  Income
10        Concentration  Level  of  at least 20% and less than 35%,
11        the grant for any school year shall be $800 multiplied by
12        the low income eligible pupil count.
13             (b)  For any  school  district  with  a  Low  Income
14        Concentration  Level  of  at least 35% and less than 50%,
15        the grant for the 1998-1999 school year shall  be  $1,100
16        multiplied by the low income eligible pupil count.
17             (c)  For  any  school  district  with  a  Low Income
18        Concentration Level of at least 50% and  less  than  60%,
19        the  grant  for  the  1998-99 school year shall be $1,500
20        multiplied by the low income eligible pupil count.
21             (d)  For any  school  district  with  a  Low  Income
22        Concentration  Level  of  60%  or more, the grant for the
23        1998-99 school year shall be $1,900 multiplied by the low
24        income eligible pupil count.
25             (e)  For the 1999-2000 school year,  the  per  pupil
26        amount  specified  in  subparagraphs  (b),  (c),  and (d)
27        immediately above shall be increased to  $1,243,  $1,600,
28        and $2,000, respectively.
29             (f)  For  the  2000-2001  school year, the per pupil
30        amounts specified in  subparagraphs  (b),  (c),  and  (d)
31        immediately  above  shall  be $1,273, $1,640, and $2,050,
32        respectively.
33        (3)  School districts with an Average Daily Attendance of
34    more than  1,000  and  less  than  50,000  that  qualify  for
 
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 1    supplemental  general  State  aid pursuant to this subsection
 2    shall submit a plan to the State Board of Education prior  to
 3    October  30  of  each year for the use of the funds resulting
 4    from this grant of supplemental general  State  aid  for  the
 5    improvement  of  instruction  in  which  priority is given to
 6    meeting the education needs of disadvantaged children.   Such
 7    plan   shall  be  submitted  in  accordance  with  rules  and
 8    regulations promulgated by the State Board of Education.
 9        (4)  School districts with an Average Daily Attendance of
10    50,000 or more that qualify for  supplemental  general  State
11    aid   pursuant  to  this  subsection  shall  be  required  to
12    distribute from funds available pursuant to this Section,  no
13    less  than  $261,000,000  in  accordance  with  the following
14    requirements:
15             (a)  The required amounts shall  be  distributed  to
16        the  attendance centers within the district in proportion
17        to the number  of  pupils  enrolled  at  each  attendance
18        center  who are eligible to receive free or reduced-price
19        lunches or breakfasts under the federal  Child  Nutrition
20        Act  of  1966  and  under  the  National School Lunch Act
21        during the immediately preceding school year.
22             (b)  The   distribution   of   these   portions   of
23        supplemental  and  general  State  aid  among  attendance
24        centers according to  these  requirements  shall  not  be
25        compensated  for  or  contravened  by  adjustments of the
26        total of  other  funds  appropriated  to  any  attendance
27        centers, and the Board of Education shall utilize funding
28        from  one  or several sources in order to fully implement
29        this provision annually prior to the opening of school.
30             (c)  Each attendance center shall be provided by the
31        school district a distribution  of  noncategorical  funds
32        and other categorical funds to which an attendance center
33        is entitled under law in order that the general State aid
34        and   supplemental   general   State   aid   provided  by
 
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 1        application of this subsection  supplements  rather  than
 2        supplants  the noncategorical funds and other categorical
 3        funds provided by the school district to  the  attendance
 4        centers.
 5             (d)  Any  funds made available under this subsection
 6        that by reason of the provisions of this  subsection  are
 7        not  required  to be allocated and provided to attendance
 8        centers may be used and appropriated by the board of  the
 9        district for any lawful school purpose.
10             (e)  Funds received by an attendance center pursuant
11        to this subsection shall be used by the attendance center
12        at  the  discretion  of  the  principal  and local school
13        council for programs to improve educational opportunities
14        at qualifying schools through the following programs  and
15        services:  early  childhood education, reduced class size
16        or improved adult to student classroom ratio,  enrichment
17        programs,  remedial  assistance,  attendance improvement,
18        and other  educationally  beneficial  expenditures  which
19        supplement  the  regular and basic programs as determined
20        by the State Board of Education.   Funds  provided  shall
21        not be expended for any political or lobbying purposes as
22        defined by board rule.
23             (f)  Each district subject to the provisions of this
24        subdivision  (H)(4)  shall  submit  an acceptable plan to
25        meet the educational needs of disadvantaged children,  in
26        compliance  with  the  requirements of this paragraph, to
27        the State Board of Education prior to  July  15  of  each
28        year. This plan shall be consistent with the decisions of
29        local  school  councils concerning the school expenditure
30        plans developed in accordance  with  part  4  of  Section
31        34-2.3.  The State Board shall approve or reject the plan
32        within  60  days  after  its  submission.  If the plan is
33        rejected, the  district  shall  give  written  notice  of
34        intent   to  modify  the  plan  within  15  days  of  the
 
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 1        notification of rejection and then submit a modified plan
 2        within 30 days after the date of the  written  notice  of
 3        intent  to  modify.    Districts may amend approved plans
 4        pursuant to rules  promulgated  by  the  State  Board  of
 5        Education.
 6             Upon  notification  by  the State Board of Education
 7        that the district has not submitted a plan prior to  July
 8        15  or  a  modified plan within the time period specified
 9        herein, the State aid funds  affected  by  that  plan  or
10        modified  plan  shall  be  withheld by the State Board of
11        Education until a plan or modified plan is submitted.
12             If the district fails to  distribute  State  aid  to
13        attendance  centers  in accordance with an approved plan,
14        the plan for the following year shall allocate funds,  in
15        addition   to   the  funds  otherwise  required  by  this
16        subsection,  to  those  attendance  centers  which   were
17        underfunded  during the previous year in amounts equal to
18        such underfunding.
19             For purposes of  determining  compliance  with  this
20        subsection  in relation to the requirements of attendance
21        center funding, each district subject to  the  provisions
22        of this subsection shall submit as a separate document by
23        December  1 of each year a report of expenditure data for
24        the prior year in addition to  any  modification  of  its
25        current  plan.  If it is determined that there has been a
26        failure to comply with the expenditure provisions of this
27        subsection regarding contravention  or  supplanting,  the
28        State  Superintendent  of Education shall, within 60 days
29        of receipt of the report, notify  the  district  and  any
30        affected local school council.  The district shall within
31        45  days of receipt of that notification inform the State
32        Superintendent of Education of the remedial or corrective
33        action to be taken, whether  by amendment of the  current
34        plan,  if  feasible, or by adjustment in the plan for the
 
SB284 Enrolled              -20-               LRB9207721NTmb
 1        following  year.   Failure  to  provide  the  expenditure
 2        report or the  notification  of  remedial  or  corrective
 3        action  in  a timely manner shall result in a withholding
 4        of the affected funds.
 5             The State Board of Education shall promulgate  rules
 6        and  regulations  to  implement  the  provisions  of this
 7        subsection.   No  funds  shall  be  released  under  this
 8        subdivision (H)(4) to any district that has not submitted
 9        a plan that has been  approved  by  the  State  Board  of
10        Education.

11    (I)  General State Aid for Newly Configured School Districts.
12        (1)  For  a  new  school  district  formed  by  combining
13    property   included  totally  within  2  or  more  previously
14    existing school districts, for its first  year  of  existence
15    the  general  State  aid  and  supplemental general State aid
16    calculated under this Section shall be computed for  the  new
17    district  and for the previously existing districts for which
18    property is totally included within the new district.  If the
19    computation on the basis of the previously existing districts
20    is greater, a supplementary payment equal to  the  difference
21    shall  be  made for the first 4 years of existence of the new
22    district.
23        (2)  For a school  district  which  annexes  all  of  the
24    territory  of  one or more entire other school districts, for
25    the  first  year  during  which  the  change  of   boundaries
26    attributable  to  such  annexation  becomes effective for all
27    purposes as determined under Section 7-9 or 7A-8, the general
28    State aid and supplemental general State aid calculated under
29    this Section shall be computed for the annexing  district  as
30    constituted  after  the  annexation  and for the annexing and
31    each annexed district as constituted prior to the annexation;
32    and if the computation on  the  basis  of  the  annexing  and
33    annexed  districts  as constituted prior to the annexation is
34    greater, a supplementary  payment  equal  to  the  difference
 
SB284 Enrolled              -21-               LRB9207721NTmb
 1    shall  be  made  for  the  first  4 years of existence of the
 2    annexing school district as constituted upon such annexation.
 3        (3)  For 2 or more school districts which  annex  all  of
 4    the  territory  of one or more entire other school districts,
 5    and for 2 or more community unit districts which result  upon
 6    the  division  (pursuant  to petition under Section 11A-2) of
 7    one or more other unit school districts into 2 or more  parts
 8    and  which  together include all of the parts into which such
 9    other unit school district or districts are so  divided,  for
10    the   first  year  during  which  the  change  of  boundaries
11    attributable to such annexation or division becomes effective
12    for all purposes as determined under Section 7-9  or  11A-10,
13    as  the  case  may be, the general State aid and supplemental
14    general State aid calculated  under  this  Section  shall  be
15    computed   for   each   annexing  or  resulting  district  as
16    constituted after the annexation or  division  and  for  each
17    annexing  and  annexed  district,  or  for each resulting and
18    divided district, as constituted prior to the  annexation  or
19    division;  and  if the aggregate of the general State aid and
20    supplemental  general  State  aid  as  so  computed  for  the
21    annexing or resulting  districts  as  constituted  after  the
22    annexation  or  division  is  less  than the aggregate of the
23    general State aid and supplemental general State  aid  as  so
24    computed  for  the annexing and annexed districts, or for the
25    resulting and divided districts, as constituted prior to  the
26    annexation or division, then a supplementary payment equal to
27    the  difference  shall be made and allocated between or among
28    the annexing or resulting districts, as constituted upon such
29    annexation or division,  for  the  first  4  years  of  their
30    existence.   The  total difference payment shall be allocated
31    between or among the annexing or resulting districts  in  the
32    same  ratio  as the pupil enrollment from that portion of the
33    annexed or divided district or districts which is annexed  to
34    or included in each such annexing or resulting district bears
 
SB284 Enrolled              -22-               LRB9207721NTmb
 1    to  the  total  pupil  enrollment  from the entire annexed or
 2    divided district or districts, as such  pupil  enrollment  is
 3    determined  for the school year last ending prior to the date
 4    when the change of boundaries attributable to the  annexation
 5    or  division  becomes effective for all purposes.  The amount
 6    of the total difference payment and the amount thereof to  be
 7    allocated  to  the  annexing  or resulting districts shall be
 8    computed by the State Board of  Education  on  the  basis  of
 9    pupil  enrollment  and other data which shall be certified to
10    the State Board of Education, on forms which it shall provide
11    for that purpose, by the regional superintendent  of  schools
12    for each educational service region in which the annexing and
13    annexed  districts,  or  resulting  and divided districts are
14    located.
15        (3.5)  Claims  for  financial   assistance   under   this
16    subsection  (I)  shall  not be recomputed except as expressly
17    provided under this Section.
18        (4)  Any supplementary payment made under this subsection
19    (I) shall be treated as separate from all other payments made
20    pursuant to this Section.

21    (J)  Supplementary Grants in Aid.
22        (1)  Notwithstanding  any  other   provisions   of   this
23    Section,  the  amount  of  the aggregate general State aid in
24    combination with supplemental general State  aid  under  this
25    Section  for  which each school district is eligible shall be
26    no less than the amount of the aggregate  general  State  aid
27    entitlement  that  was received by the district under Section
28    18-8 (exclusive of amounts received  under  subsections  5(p)
29    and  5(p-5)  of  that  Section)  for the 1997-98 school year,
30    pursuant to the provisions of that Section as it was then  in
31    effect.   If   a  school  district  qualifies  to  receive  a
32    supplementary payment made under  this  subsection  (J),  the
33    amount of the aggregate general State aid in combination with
34    supplemental general State aid under this Section  which that
 
SB284 Enrolled              -23-               LRB9207721NTmb
 1    district is eligible to receive for each school year shall be
 2    no  less  than  the amount of the aggregate general State aid
 3    entitlement that was received by the district  under  Section
 4    18-8  (exclusive  of  amounts received under subsections 5(p)
 5    and 5(p-5) of that Section) for the  1997-1998  school  year,
 6    pursuant  to the provisions of that Section as it was then in
 7    effect.
 8        (2)  If, as provided in paragraph (1) of this  subsection
 9    (J),  a school district is to receive aggregate general State
10    aid in combination with supplemental general State aid  under
11    this  Section  for the 1998-99 school year and any subsequent
12    school year that in any such school year  is  less  than  the
13    amount  of  the  aggregate general State aid entitlement that
14    the district received for the 1997-98 school year, the school
15    district shall also receive, from  a  separate  appropriation
16    made  for  purposes  of  this subsection (J), a supplementary
17    payment that is equal to the amount of the difference in  the
18    aggregate State aid figures as described in paragraph (1).
19        (3)  (Blank).

20    (K)  Grants to Laboratory and Alternative Schools.
21        In  calculating  the  amount  to be paid to the governing
22    board of a  public  university  that  operates  a  laboratory
23    school  under  this Section or to any alternative school that
24    is operated by a  regional  superintendent  of  schools,  the
25    State Board of Education shall require by rule such reporting
26    requirements as it deems necessary.
27        As  used  in  this  Section,  "laboratory school" means a
28    public school which is  created  and  operated  by  a  public
29    university and approved by the State Board of Education.  The
30    governing  board  of a public university which receives funds
31    from the State  Board  under  this  subsection  (K)  may  not
32    increase  the  number  of students enrolled in its laboratory
33    school from a single district, if that  district  is  already
34    sending  50 or more students, except under a mutual agreement
 
SB284 Enrolled              -24-               LRB9207721NTmb
 1    between the school board of a student's district of residence
 2    and the university which operates the laboratory  school.   A
 3    laboratory  school  may  not  have  more than 1,000 students,
 4    excluding students with disabilities in a  special  education
 5    program.
 6        As  used  in  this  Section, "alternative school" means a
 7    public school which is created and  operated  by  a  Regional
 8    Superintendent  of Schools and approved by the State Board of
 9    Education.  Such alternative schools  may  offer  courses  of
10    instruction  for  which  credit  is  given  in regular school
11    programs, courses to prepare students  for  the  high  school
12    equivalency  testing  program  or vocational and occupational
13    training.   A regional superintendent of schools may contract
14    with a school district or a public community college district
15    to operate an  alternative  school.   An  alternative  school
16    serving  more  than  one  educational  service  region may be
17    established by the regional superintendents of schools of the
18    affected educational service regions.  An alternative  school
19    serving  more  than  one  educational  service  region may be
20    operated under such terms as the regional superintendents  of
21    schools of those educational service regions may agree.
22        Each  laboratory  and  alternative  school shall file, on
23    forms provided by the State Superintendent of  Education,  an
24    annual  State  aid  claim  which  states  the  Average  Daily
25    Attendance  of  the  school's  students by month.  The best 3
26    months' Average Daily Attendance shall be computed  for  each
27    school.  The  general State aid entitlement shall be computed
28    by multiplying the applicable Average Daily Attendance by the
29    Foundation Level as determined under this Section.

30    (L)  Payments,   Additional   Grants   in   Aid   and   Other
31    Requirements.
32        (1)  For a school district operating under the  financial
33    supervision  of  an  Authority created under Article 34A, the
34    general State aid otherwise payable to  that  district  under
 
SB284 Enrolled              -25-               LRB9207721NTmb
 1    this  Section,  but  not  the supplemental general State aid,
 2    shall be reduced by an amount equal to  the  budget  for  the
 3    operations  of the Authority as certified by the Authority to
 4    the State Board of Education, and an  amount  equal  to  such
 5    reduction  shall  be  paid  to the Authority created for such
 6    district for its operating expenses in the manner provided in
 7    Section 18-11.  The remainder of general State school aid for
 8    any such district shall be paid in  accordance  with  Article
 9    34A  when  that Article provides for a disposition other than
10    that provided by this Article.
11        (2)  (Blank).
12        (3)  Summer school.  Summer school payments shall be made
13    as provided in Section 18-4.3.

14    (M)  Education Funding Advisory Board.
15        The Education Funding Advisory Board, hereinafter in this
16    subsection (M) referred to as the "Board", is hereby created.
17    The Board shall consist of 5 members who are appointed by the
18    Governor, by and with the advice and consent of  the  Senate.
19    The   members  appointed  shall  include  representatives  of
20    education, business, and  the  general  public.  One  of  the
21    members  so  appointed shall be designated by the Governor at
22    the time the appointment is made as the  chairperson  of  the
23    Board.  The initial members of the Board may be appointed any
24    time after the effective date of this amendatory Act of 1997.
25    The regular term of each member of the Board shall be  for  4
26    years  from  the third Monday of January of the year in which
27    the term of the member's appointment is to  commence,  except
28    that  of  the  5  initial  members  appointed to serve on the
29    Board, the member who is appointed as the  chairperson  shall
30    serve  for  a  term  that commences on the date of his or her
31    appointment and expires on the third Monday of January, 2002,
32    and the remaining 4 members,  by  lots  drawn  at  the  first
33    meeting  of  the  Board  that is held after all 5 members are
34    appointed, shall determine 2 of their  number  to  serve  for
 
SB284 Enrolled              -26-               LRB9207721NTmb
 1    terms   that   commence  on  the  date  of  their  respective
 2    appointments and expire on the third Monday of January, 2001,
 3    and 2 of their number to serve for terms that commence on the
 4    date of their respective appointments and expire on the third
 5    Monday of January, 2000.  All members appointed to  serve  on
 6    the  Board  shall serve until their respective successors are
 7    appointed and confirmed.  Vacancies shall be  filled  in  the
 8    same  manner  as  original  appointments.   If  a  vacancy in
 9    membership occurs at  a  time  when  the  Senate  is  not  in
10    session,  the  Governor  shall  make  a temporary appointment
11    until the next meeting of the Senate, when he  or  she  shall
12    appoint,  by and with the advice and consent of the Senate, a
13    person to fill that membership for the  unexpired  term.   If
14    the  Senate  is  not in session when the initial appointments
15    are made, those appointments shall be made as in the case  of
16    vacancies.
17        The  Education  Funding  Advisory  Board  shall be deemed
18    established,  and  the  initial  members  appointed  by   the
19    Governor  to serve as members of the Board shall take office,
20    on the date that the Governor makes his or her appointment of
21    the fifth initial member of the Board, whether those  initial
22    members   are   then  serving  pursuant  to  appointment  and
23    confirmation or pursuant to temporary appointments  that  are
24    made by the Governor as in the case of vacancies.
25        The  State  Board  of  Education shall provide such staff
26    assistance to the Education  Funding  Advisory  Board  as  is
27    reasonably  required  for the proper performance by the Board
28    of its responsibilities.
29        For school years after the  2000-2001  school  year,  the
30    Education  Funding  Advisory  Board, in consultation with the
31    State Board  of  Education,  shall  make  recommendations  as
32    provided  in  this subsection (M) to the General Assembly for
33    the foundation level under subdivision (B)(3) of this Section
34    and for the supplemental general State aid grant level  under
 
SB284 Enrolled              -27-               LRB9207721NTmb
 1    subsection  (H)  of  this  Section  for  districts  with high
 2    concentrations of children  from  poverty.   The  recommended
 3    foundation  level  shall be determined based on a methodology
 4    which  incorporates  the  basic  education  expenditures   of
 5    low-spending  schools  exhibiting  high academic performance.
 6    The  Education  Funding  Advisory  Board  shall   make   such
 7    recommendations  to  the General Assembly on January 1 of odd
 8    numbered years, beginning January 1, 2001.

 9    (N)  (Blank).

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;  90-802, eff. 12-15-98; 90-815, eff. 2-11-99; 91-24,
22    eff. 7-1-99; 91-93, eff. 7-9-99; 91-96, eff. 7-9-99;  91-111,
23    eff.  7-14-99;  91-357,  eff.  7-29-99; 91-533, eff. 8-13-99;
24    revised 8-27-99.)

25        Section 99.  Effective date.  This Act  takes  effect  on
26    July 1, 2001.

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