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91_SB0291
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
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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
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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
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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
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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
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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.
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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
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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
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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 a
11 report to the General Assembly by June 30 of each year which
12 summarizes the projected number of secondary special
13 education students that will be exiting public schools after
14 the following school year. The report shall include a
15 description of the students' exceptional characteristics,
16 location in the State and other information necessary for the
17 State to plan for services for these students. The report
18 shall not contain any information which identifies any
19 individual.
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 18-8.05 18-8, 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
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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
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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;
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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
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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
15 1980, 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 by
19 adding to the real property equalized assessed valuation for
20 the district an amount computed by dividing the amount of
21 money received by the district under the provisions of "An
22 Act in relation to the abolition of ad valorem personal
23 property tax and the replacement of revenues lost thereby,
24 and amending and repealing certain Acts and parts of Acts in
25 connection therewith", certified August 14, 1979, as amended,
26 by the total tax rate for the district. For purposes of this
27 subsection, 1976 tax rates shall be used for school districts
28 in the county of Cook, and 1977 tax rates shall be used in
29 all other counties. For the 1980-81 school year, for purposes
30 of computing claims for reimbursement, there shall be added
31 to the amount derived by the above computation 2/3 of the
32 positive difference between the 1978 corporate personal
33 property equalized assessed valuation and the amount of money
34 received by the district under the provisions of "An Act in
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1 relation to the abolition of ad valorem personal property tax
2 and the replacement of revenues lost thereby, and amending
3 and repealing certain Acts and parts of Acts in connection
4 therewith", certified August 14, 1979, as amended, divided by
5 the total tax rate for the district; and for the 1981-82
6 school 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
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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 1.20%, 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
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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 (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.
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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
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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 teaching of hospitalized 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 one 1 day.
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
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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
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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 , or by 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
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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)
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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
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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
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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
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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
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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
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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
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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
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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
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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 be
16 made 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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
31 1980, 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 by
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1 adding to the real property equalized assessed valuation for
2 the district an amount computed by dividing the amount of
3 money received by the district under the provisions of "An
4 Act in relation to the abolition of ad valorem personal
5 property tax and the replacement of revenues lost thereby,
6 and amending and repealing certain Acts and parts of Acts in
7 connection therewith", certified August 14, 1979, as amended,
8 by the total tax rate for the district. For purposes of this
9 subsection, 1976 tax rates shall be used for school districts
10 in the county of Cook, and 1977 tax rates shall be used in
11 all other counties. For the purposes of calculating claims
12 for reimbursement under this Section for any school year
13 beginning July 1, 1986, or thereafter, the real property
14 equalized assessed valuation for a school district used to
15 compute reimbursement shall be determined by subtracting from
16 the real property value as equalized or assessed by the
17 Department of Revenue for the district an amount computed by
18 dividing the amount of any abatement of taxes under Section
19 18-170 of the Property Tax Code by the maximum operating tax
20 rates 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 (105 ILCS 5/29-6.3 rep.)
28 Section 15. The School Code is amended by repealing
29 Sections 18-4.2 and 29-6.3.
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.