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92_SB2073
LRB9213473NTpkB
1 AN ACT relating to education.
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 Sections 18-8.05 and 24-2 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 $4,560 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 or the average of the
33 attendance data for the 3 preceding school years, whichever
34 is greater. The Average Daily Attendance figures utilized in
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1 subsection (H) shall be the requisite attendance data for the
2 school year immediately preceding the school year for which
3 general State aid is being calculated.
4 (D) Available Local Resources.
5 (1) For purposes of calculating general State aid
6 pursuant to subsection (E), a representation of Available
7 Local Resources per pupil, as that term is defined and
8 determined in this subsection, shall be utilized. Available
9 Local Resources per pupil shall include a calculated dollar
10 amount representing local school district revenues from local
11 property taxes and from Corporate Personal Property
12 Replacement Taxes, expressed on the basis of pupils in
13 Average Daily Attendance.
14 (2) In determining a school district's revenue from
15 local property taxes, the State Board of Education shall
16 utilize the equalized assessed valuation of all taxable
17 property of each school district as of September 30 of the
18 previous year. The equalized assessed valuation utilized
19 shall be obtained and determined as provided in subsection
20 (G).
21 (3) For school districts maintaining grades kindergarten
22 through 12, local property tax revenues per pupil shall be
23 calculated as the product of the applicable equalized
24 assessed valuation for the district multiplied by 3.00%, and
25 divided by the district's Average Daily Attendance figure.
26 For school districts maintaining grades kindergarten through
27 8, local property tax revenues per pupil shall be calculated
28 as the product of the applicable equalized assessed valuation
29 for the district multiplied by 2.30%, and divided by the
30 district's Average Daily Attendance figure. For school
31 districts maintaining grades 9 through 12, local property tax
32 revenues per pupil shall be the applicable equalized assessed
33 valuation of the district multiplied by 1.05%, and divided by
34 the district's Average Daily Attendance figure.
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1 (4) The Corporate Personal Property Replacement Taxes
2 paid to each school district during the calendar year 2 years
3 before the calendar year in which a school year begins,
4 divided by the Average Daily Attendance figure for that
5 district, shall be added to the local property tax revenues
6 per pupil as derived by the application of the immediately
7 preceding paragraph (3). The sum of these per pupil figures
8 for each school district shall constitute Available Local
9 Resources as that term is utilized in subsection (E) in the
10 calculation of general State aid.
11 (E) Computation of General State Aid.
12 (1) For each school year, the amount of general State
13 aid allotted to a school district shall be computed by the
14 State Board of Education as provided in this subsection.
15 (2) For any school district for which Available Local
16 Resources per pupil is less than the product of 0.93 times
17 the Foundation Level, general State aid for that district
18 shall be calculated as an amount equal to the Foundation
19 Level minus Available Local Resources, multiplied by the
20 Average Daily Attendance of the school district.
21 (3) For any school district for which Available Local
22 Resources per pupil is equal to or greater than the product
23 of 0.93 times the Foundation Level and less than the product
24 of 1.75 times the Foundation Level, the general State aid per
25 pupil shall be a decimal proportion of the Foundation Level
26 derived using a linear algorithm. Under this linear
27 algorithm, the calculated general State aid per pupil shall
28 decline in direct linear fashion from 0.07 times the
29 Foundation Level for a school district with Available Local
30 Resources equal to the product of 0.93 times the Foundation
31 Level, to 0.05 times the Foundation Level for a school
32 district with Available Local Resources equal to the product
33 of 1.75 times the Foundation Level. The allocation of
34 general State aid for school districts subject to this
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1 paragraph 3 shall be the calculated general State aid per
2 pupil figure multiplied by the Average Daily Attendance of
3 the school district.
4 (4) For any school district for which Available Local
5 Resources per pupil equals or exceeds the product of 1.75
6 times the Foundation Level, the general State aid for the
7 school district shall be calculated as the product of $218
8 multiplied by the Average Daily Attendance of the school
9 district.
10 (5) The amount of general State aid allocated to a
11 school district for the 1999-2000 school year meeting the
12 requirements set forth in paragraph (4) of subsection (G)
13 shall be increased by an amount equal to the general State
14 aid that would have been received by the district for the
15 1998-1999 school year by utilizing the Extension Limitation
16 Equalized Assessed Valuation as calculated in paragraph (4)
17 of subsection (G) less the general State aid allotted for the
18 1998-1999 school year. This amount shall be deemed a one
19 time increase, and shall not affect any future general State
20 aid allocations.
21 (F) Compilation of Average Daily Attendance.
22 (1) Each school district shall, by July 1 of each year,
23 submit to the State Board of Education, on forms prescribed
24 by the State Board of Education, attendance figures for the
25 school year that began in the preceding calendar year. The
26 attendance information so transmitted shall identify the
27 average daily attendance figures for each month of the school
28 year, except that any days of attendance in August shall be
29 added to the month of September and any days of attendance in
30 June shall be added to the month of May.
31 Except as otherwise provided in this Section, days of
32 attendance by pupils shall be counted only for sessions of
33 not less than 5 clock hours of school work per day under
34 direct supervision of: (i) teachers, or (ii) non-teaching
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1 personnel or volunteer personnel when engaging in
2 non-teaching duties and supervising in those instances
3 specified in subsection (a) of Section 10-22.34 and paragraph
4 10 of Section 34-18, with pupils of legal school age and in
5 kindergarten and grades 1 through 12.
6 Days of attendance by tuition pupils shall be accredited
7 only to the districts that pay the tuition to a recognized
8 school.
9 (2) Days of attendance by pupils of less than 5 clock
10 hours of school shall be subject to the following provisions
11 in the compilation of Average Daily Attendance.
12 (a) Pupils regularly enrolled in a public school
13 for only a part of the school day may be counted on the
14 basis of 1/6 day for every class hour of instruction of
15 40 minutes or more attended pursuant to such enrollment,
16 unless a pupil is enrolled in a block-schedule format of
17 80 minutes or more of instruction, in which case the
18 pupil may be counted on the basis of the proportion of
19 minutes of school work completed each day to the minimum
20 number of minutes that school work is required to be held
21 that day.
22 (b) Days of attendance may be less than 5 clock
23 hours on the opening and closing of the school term, and
24 upon the first day of pupil attendance, if preceded by a
25 day or days utilized as an institute or teachers'
26 workshop.
27 (c) A session of 4 or more clock hours may be
28 counted as a day of attendance upon certification by the
29 regional superintendent, and approved by the State
30 Superintendent of Education to the extent that the
31 district has been forced to use daily multiple sessions.
32 (d) A session of 3 or more clock hours may be
33 counted as a day of attendance (1) when the remainder of
34 the school day or at least 2 hours in the evening of that
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1 day is utilized for an in-service training program for
2 teachers, up to a maximum of 5 days per school year of
3 which a maximum of 4 days of such 5 days may be used for
4 parent-teacher conferences, provided a district conducts
5 an in-service training program for teachers which has
6 been approved by the State Superintendent of Education;
7 or, in lieu of 4 such days, 2 full days may be used, in
8 which event each such day may be counted as a day of
9 attendance; and (2) when days in addition to those
10 provided in item (1) are scheduled by a school pursuant
11 to its school improvement plan adopted under Article 34
12 or its revised or amended school improvement plan adopted
13 under Article 2, provided that (i) such sessions of 3 or
14 more clock hours are scheduled to occur at regular
15 intervals, (ii) the remainder of the school days in which
16 such sessions occur are utilized for in-service training
17 programs or other staff development activities for
18 teachers, and (iii) a sufficient number of minutes of
19 school work under the direct supervision of teachers are
20 added to the school days between such regularly scheduled
21 sessions to accumulate not less than the number of
22 minutes by which such sessions of 3 or more clock hours
23 fall short of 5 clock hours. Any full days used for the
24 purposes of this paragraph shall not be considered for
25 computing average daily attendance. Days scheduled for
26 in-service training programs, staff development
27 activities, or parent-teacher conferences may be
28 scheduled separately for different grade levels and
29 different attendance centers of the district.
30 (e) A session of not less than one clock hour of
31 teaching hospitalized or homebound pupils on-site or by
32 telephone to the classroom may be counted as 1/2 day of
33 attendance, however these pupils must receive 4 or more
34 clock hours of instruction to be counted for a full day
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1 of attendance.
2 (f) A session of at least 4 clock hours may be
3 counted as a day of attendance for first grade pupils,
4 and pupils in full day kindergartens, and a session of 2
5 or more hours may be counted as 1/2 day of attendance by
6 pupils in kindergartens which provide only 1/2 day of
7 attendance.
8 (g) For children with disabilities who are below
9 the age of 6 years and who cannot attend 2 or more clock
10 hours because of their disability or immaturity, a
11 session of not less than one clock hour may be counted as
12 1/2 day of attendance; however for such children whose
13 educational needs so require a session of 4 or more clock
14 hours may be counted as a full day of attendance.
15 (h) A recognized kindergarten which provides for
16 only 1/2 day of attendance by each pupil shall not have
17 more than 1/2 day of attendance counted in any one day.
18 However, kindergartens may count 2 1/2 days of attendance
19 in any 5 consecutive school days. When a pupil attends
20 such a kindergarten for 2 half days on any one school
21 day, the pupil shall have the following day as a day
22 absent from school, unless the school district obtains
23 permission in writing from the State Superintendent of
24 Education. Attendance at kindergartens which provide for
25 a full day of attendance by each pupil shall be counted
26 the same as attendance by first grade pupils. Only the
27 first year of attendance in one kindergarten shall be
28 counted, except in case of children who entered the
29 kindergarten in their fifth year whose educational
30 development requires a second year of kindergarten as
31 determined under the rules and regulations of the State
32 Board of Education.
33 (i) On the days when the Prairie State Achievement
34 Examination is administered under subsection (c) of
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1 Section 2-3.64 of this Code, the day of attendance for a
2 pupil who is taking the examination or whose school day
3 must be shortened to accommodate required testing
4 procedures may be less than 5 clock hours, provided that
5 a sufficient number of minutes of school work in excess
6 of 5 clock hours are completed on other school days to
7 compensate for the loss of school work on the examination
8 days. If such pupils are required to miss one or more
9 entire days of attendance in order to accommodate
10 required testing procedures, those days may be counted
11 toward the pupils' 176 days of actual attendance required
12 under Section 10-19 of this Code; however, the school
13 district may not count these pupils in the district's
14 Average Daily Attendance computation for those days.
15 (G) Equalized Assessed Valuation Data.
16 (1) For purposes of the calculation of Available Local
17 Resources required pursuant to subsection (D), the State
18 Board of Education shall secure from the Department of
19 Revenue the value as equalized or assessed by the Department
20 of Revenue of all taxable property of every school district,
21 together with (i) the applicable tax rate used in extending
22 taxes for the funds of the district as of September 30 of the
23 previous year and (ii) the limiting rate for all school
24 districts subject to property tax extension limitations as
25 imposed under the Property Tax Extension Limitation Law.
26 This equalized assessed valuation, as adjusted further by
27 the requirements of this subsection, shall be utilized in the
28 calculation of Available Local Resources.
29 (2) The equalized assessed valuation in paragraph (1)
30 shall be adjusted, as applicable, in the following manner:
31 (a) For the purposes of calculating State aid under
32 this Section, with respect to any part of a school
33 district within a redevelopment project area in respect
34 to which a municipality has adopted tax increment
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1 allocation financing pursuant to the Tax Increment
2 Allocation Redevelopment Act, Sections 11-74.4-1 through
3 11-74.4-11 of the Illinois Municipal Code or the
4 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
5 11-74.6-50 of the Illinois Municipal Code, no part of the
6 current equalized assessed valuation of real property
7 located in any such project area which is attributable to
8 an increase above the total initial equalized assessed
9 valuation of such property shall be used as part of the
10 equalized assessed valuation of the district, until such
11 time as all redevelopment project costs have been paid,
12 as provided in Section 11-74.4-8 of the Tax Increment
13 Allocation Redevelopment Act or in Section 11-74.6-35 of
14 the Industrial Jobs Recovery Law. For the purpose of the
15 equalized assessed valuation of the district, the total
16 initial equalized assessed valuation or the current
17 equalized assessed valuation, whichever is lower, shall
18 be used until such time as all redevelopment project
19 costs have been paid.
20 (b) The real property equalized assessed valuation
21 for a school district shall be adjusted by subtracting
22 from the real property value as equalized or assessed by
23 the Department of Revenue for the district an amount
24 computed by dividing the amount of any abatement of taxes
25 under Section 18-170 of the Property Tax Code by 3.00%
26 for a district maintaining grades kindergarten through
27 12, by 2.30% for a district maintaining grades
28 kindergarten through 8, or by 1.05% for a district
29 maintaining grades 9 through 12 and adjusted by an amount
30 computed by dividing the amount of any abatement of taxes
31 under subsection (a) of Section 18-165 of the Property
32 Tax Code by the same percentage rates for district type
33 as specified in this subparagraph (b).
34 (3) For the 1999-2000 school year and each school year
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1 thereafter, if a school district meets all of the criteria of
2 this subsection (G)(3), the school district's Available Local
3 Resources shall be calculated under subsection (D) using the
4 district's Extension Limitation Equalized Assessed Valuation
5 as calculated under this subsection (G)(3).
6 For purposes of this subsection (G)(3) the following
7 terms shall have the following meanings:
8 "Budget Year": The school year for which general
9 State aid is calculated and awarded under subsection (E).
10 "Base Tax Year": The property tax levy year used to
11 calculate the Budget Year allocation of general State
12 aid.
13 "Preceding Tax Year": The property tax levy year
14 immediately preceding the Base Tax Year.
15 "Base Tax Year's Tax Extension": The product of the
16 equalized assessed valuation utilized by the County Clerk
17 in the Base Tax Year multiplied by the limiting rate as
18 calculated by the County Clerk and defined in the
19 Property Tax Extension Limitation Law.
20 "Preceding Tax Year's Tax Extension": The product of
21 the equalized assessed valuation utilized by the County
22 Clerk in the Preceding Tax Year multiplied by the
23 Operating Tax Rate as defined in subsection (A).
24 "Extension Limitation Ratio": A numerical ratio,
25 certified by the County Clerk, in which the numerator is
26 the Base Tax Year's Tax Extension and the denominator is
27 the Preceding Tax Year's Tax Extension.
28 "Operating Tax Rate": The operating tax rate as
29 defined in subsection (A).
30 If a school district is subject to property tax extension
31 limitations as imposed under the Property Tax Extension
32 Limitation Law, the State Board of Education shall calculate
33 the Extension Limitation Equalized Assessed Valuation of that
34 district. For the 1999-2000 school year, the Extension
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1 Limitation Equalized Assessed Valuation of a school district
2 as calculated by the State Board of Education shall be equal
3 to the product of the district's 1996 Equalized Assessed
4 Valuation and the district's Extension Limitation Ratio. For
5 the 2000-2001 school year and each school year thereafter,
6 the Extension Limitation Equalized Assessed Valuation of a
7 school district as calculated by the State Board of Education
8 shall be equal to the product of the Equalized Assessed
9 Valuation last used in the calculation of general State aid
10 and the district's Extension Limitation Ratio. If the
11 Extension Limitation Equalized Assessed Valuation of a school
12 district as calculated under this subsection (G)(3) is less
13 than the district's equalized assessed valuation as
14 calculated pursuant to subsections (G)(1) and (G)(2), then
15 for purposes of calculating the district's general State aid
16 for the Budget Year pursuant to subsection (E), that
17 Extension Limitation Equalized Assessed Valuation shall be
18 utilized to calculate the district's Available Local
19 Resources under subsection (D).
20 (4) For the purposes of calculating general State aid
21 for the 1999-2000 school year only, if a school district
22 experienced a triennial reassessment on the equalized
23 assessed valuation used in calculating its general State
24 financial aid apportionment for the 1998-1999 school year,
25 the State Board of Education shall calculate the Extension
26 Limitation Equalized Assessed Valuation that would have been
27 used to calculate the district's 1998-1999 general State aid.
28 This amount shall equal the product of the equalized assessed
29 valuation used to calculate general State aid for the
30 1997-1998 school year and the district's Extension Limitation
31 Ratio. If the Extension Limitation Equalized Assessed
32 Valuation of the school district as calculated under this
33 paragraph (4) is less than the district's equalized assessed
34 valuation utilized in calculating the district's 1998-1999
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1 general State aid allocation, then for purposes of
2 calculating the district's general State aid pursuant to
3 paragraph (5) of subsection (E), that Extension Limitation
4 Equalized Assessed Valuation shall be utilized to calculate
5 the district's Available Local Resources.
6 (5) For school districts having a majority of their
7 equalized assessed valuation in any county except Cook,
8 DuPage, Kane, Lake, McHenry, or Will, if the amount of
9 general State aid allocated to the school district for the
10 1999-2000 school year under the provisions of subsection (E),
11 (H), and (J) of this Section is less than the amount of
12 general State aid allocated to the district for the 1998-1999
13 school year under these subsections, then the general State
14 aid of the district for the 1999-2000 school year only shall
15 be increased by the difference between these amounts. The
16 total payments made under this paragraph (5) shall not exceed
17 $14,000,000. Claims shall be prorated if they exceed
18 $14,000,000.
19 (H) Supplemental General State Aid.
20 (1) In addition to the general State aid a school
21 district is allotted pursuant to subsection (E), qualifying
22 school districts shall receive a grant, paid in conjunction
23 with a district's payments of general State aid, for
24 supplemental general State aid based upon the concentration
25 level of children from low-income households within the
26 school district. Supplemental State aid grants provided for
27 school districts under this subsection shall be appropriated
28 for distribution to school districts as part of the same line
29 item in which the general State financial aid of school
30 districts is appropriated under this Section. For purposes of
31 this subsection, the term "Low-Income Concentration Level"
32 shall be the low-income eligible pupil count from the most
33 recently available federal census divided by the Average
34 Daily Attendance of the school district. If, however, (i) the
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1 percentage decrease from the 2 most recent federal censuses
2 in the low-income eligible pupil count of a high school
3 district with fewer than 400 students exceeds by 75% or more
4 the percentage change in the total low-income eligible pupil
5 count of contiguous elementary school districts, whose
6 boundaries are coterminous with the high school district, or
7 (ii) a high school district within 2 counties and serving 5
8 elementary school districts, whose boundaries are coterminous
9 with the high school district, has a percentage decrease from
10 the 2 most recent federal censuses in the low-income eligible
11 pupil count and there is a percentage increase in the total
12 low-income eligible pupil count of a majority of the
13 elementary school districts in excess of 50% from the 2 most
14 recent federal censuses, then the high school district's
15 low-income eligible pupil count from the earlier federal
16 census shall be the number used as the low-income eligible
17 pupil count for the high school district, for purposes of
18 this subsection (H). The changes made to this paragraph (1)
19 by Public Act 92-28 this amendatory Act of the 92nd General
20 Assembly shall apply to supplemental general State aid grants
21 paid in fiscal year 1999 and in each fiscal year thereafter
22 and to any State aid payments made in fiscal year 1994
23 through fiscal year 1998 pursuant to subsection 1(n) of
24 Section 18-8 of this Code (which was repealed on July 1,
25 1998), and any high school district that is affected by
26 Public Act 92-28 this amendatory Act of the 92nd General
27 Assembly is entitled to a recomputation of its supplemental
28 general State aid grant or State aid paid in any of those
29 fiscal years. This recomputation shall not be affected by
30 any other funding.
31 (2) Supplemental general State aid pursuant to this
32 subsection (H) shall be provided as follows for the
33 1998-1999, 1999-2000, and 2000-2001 school years only:
34 (a) For any school district with a Low Income
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1 Concentration Level of at least 20% and less than 35%,
2 the grant for any school year shall be $800 multiplied by
3 the low income eligible pupil count.
4 (b) For any school district with a Low Income
5 Concentration Level of at least 35% and less than 50%,
6 the grant for the 1998-1999 school year shall be $1,100
7 multiplied by the low income eligible pupil count.
8 (c) For any school district with a Low Income
9 Concentration Level of at least 50% and less than 60%,
10 the grant for the 1998-99 school year shall be $1,500
11 multiplied by the low income eligible pupil count.
12 (d) For any school district with a Low Income
13 Concentration Level of 60% or more, the grant for the
14 1998-99 school year shall be $1,900 multiplied by the low
15 income eligible pupil count.
16 (e) For the 1999-2000 school year, the per pupil
17 amount specified in subparagraphs (b), (c), and (d)
18 immediately above shall be increased to $1,243, $1,600,
19 and $2,000, respectively.
20 (f) For the 2000-2001 school year, the per pupil
21 amounts specified in subparagraphs (b), (c), and (d)
22 immediately above shall be $1,273, $1,640, and $2,050,
23 respectively.
24 (2.5) Supplemental general State aid pursuant to this
25 subsection (H) shall be provided as follows for the 2001-2002
26 school year and each school year thereafter:
27 (a) For any school district with a Low Income
28 Concentration Level of less than 10%, the grant for each
29 school year shall be $355 multiplied by the low income
30 eligible pupil count.
31 (b) For any school district with a Low Income
32 Concentration Level of at least 10% and less than 20%,
33 the grant for each school year shall be $675 multiplied
34 by the low income eligible pupil count.
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1 (c) For any school district with a Low Income
2 Concentration Level of at least 20% and less than 35%,
3 the grant for each school year shall be $1,190 multiplied
4 by the low income eligible pupil count.
5 (d) For any school district with a Low Income
6 Concentration Level of at least 35% and less than 50%,
7 the grant for each school year shall be $1,333 multiplied
8 by the low income eligible pupil count.
9 (e) For any school district with a Low Income
10 Concentration Level of at least 50% and less than 60%,
11 the grant for each school year shall be $1,680 multiplied
12 by the low income eligible pupil count.
13 (f) For any school district with a Low Income
14 Concentration Level of 60% or more, the grant for each
15 school year shall be $2,080 multiplied by the low income
16 eligible pupil count.
17 (3) School districts with an Average Daily Attendance of
18 more than 1,000 and less than 50,000 that qualify for
19 supplemental general State aid pursuant to this subsection
20 shall submit a plan to the State Board of Education prior to
21 October 30 of each year for the use of the funds resulting
22 from this grant of supplemental general State aid for the
23 improvement of instruction in which priority is given to
24 meeting the education needs of disadvantaged children. Such
25 plan shall be submitted in accordance with rules and
26 regulations promulgated by the State Board of Education.
27 (4) School districts with an Average Daily Attendance of
28 50,000 or more that qualify for supplemental general State
29 aid pursuant to this subsection shall be required to
30 distribute from funds available pursuant to this Section, no
31 less than $261,000,000 in accordance with the following
32 requirements:
33 (a) The required amounts shall be distributed to
34 the attendance centers within the district in proportion
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1 to the number of pupils enrolled at each attendance
2 center who are eligible to receive free or reduced-price
3 lunches or breakfasts under the federal Child Nutrition
4 Act of 1966 and under the National School Lunch Act
5 during the immediately preceding school year.
6 (b) The distribution of these portions of
7 supplemental and general State aid among attendance
8 centers according to these requirements shall not be
9 compensated for or contravened by adjustments of the
10 total of other funds appropriated to any attendance
11 centers, and the Board of Education shall utilize funding
12 from one or several sources in order to fully implement
13 this provision annually prior to the opening of school.
14 (c) Each attendance center shall be provided by the
15 school district a distribution of noncategorical funds
16 and other categorical funds to which an attendance center
17 is entitled under law in order that the general State aid
18 and supplemental general State aid provided by
19 application of this subsection supplements rather than
20 supplants the noncategorical funds and other categorical
21 funds provided by the school district to the attendance
22 centers.
23 (d) Any funds made available under this subsection
24 that by reason of the provisions of this subsection are
25 not required to be allocated and provided to attendance
26 centers may be used and appropriated by the board of the
27 district for any lawful school purpose.
28 (e) Funds received by an attendance center pursuant
29 to this subsection shall be used by the attendance center
30 at the discretion of the principal and local school
31 council for programs to improve educational opportunities
32 at qualifying schools through the following programs and
33 services: early childhood education, reduced class size
34 or improved adult to student classroom ratio, enrichment
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1 programs, remedial assistance, attendance improvement,
2 and other educationally beneficial expenditures which
3 supplement the regular and basic programs as determined
4 by the State Board of Education. Funds provided shall not
5 be expended for any political or lobbying purposes as
6 defined by board rule.
7 (f) Each district subject to the provisions of this
8 subdivision (H)(4) shall submit an acceptable plan to
9 meet the educational needs of disadvantaged children, in
10 compliance with the requirements of this paragraph, to
11 the State Board of Education prior to July 15 of each
12 year. This plan shall be consistent with the decisions of
13 local school councils concerning the school expenditure
14 plans developed in accordance with part 4 of Section
15 34-2.3. The State Board shall approve or reject the plan
16 within 60 days after its submission. If the plan is
17 rejected, the district shall give written notice of
18 intent to modify the plan within 15 days of the
19 notification of rejection and then submit a modified plan
20 within 30 days after the date of the written notice of
21 intent to modify. Districts may amend approved plans
22 pursuant to rules promulgated by the State Board of
23 Education.
24 Upon notification by the State Board of Education
25 that the district has not submitted a plan prior to July
26 15 or a modified plan within the time period specified
27 herein, the State aid funds affected by that plan or
28 modified plan shall be withheld by the State Board of
29 Education until a plan or modified plan is submitted.
30 If the district fails to distribute State aid to
31 attendance centers in accordance with an approved plan,
32 the plan for the following year shall allocate funds, in
33 addition to the funds otherwise required by this
34 subsection, to those attendance centers which were
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1 underfunded during the previous year in amounts equal to
2 such underfunding.
3 For purposes of determining compliance with this
4 subsection in relation to the requirements of attendance
5 center funding, each district subject to the provisions
6 of this subsection shall submit as a separate document by
7 December 1 of each year a report of expenditure data for
8 the prior year in addition to any modification of its
9 current plan. If it is determined that there has been a
10 failure to comply with the expenditure provisions of this
11 subsection regarding contravention or supplanting, the
12 State Superintendent of Education shall, within 60 days
13 of receipt of the report, notify the district and any
14 affected local school council. The district shall within
15 45 days of receipt of that notification inform the State
16 Superintendent of Education of the remedial or corrective
17 action to be taken, whether by amendment of the current
18 plan, if feasible, or by adjustment in the plan for the
19 following year. Failure to provide the expenditure
20 report or the notification of remedial or corrective
21 action in a timely manner shall result in a withholding
22 of the affected funds.
23 The State Board of Education shall promulgate rules
24 and regulations to implement the provisions of this
25 subsection. No funds shall be released under this
26 subdivision (H)(4) to any district that has not submitted
27 a plan that has been approved by the State Board of
28 Education.
29 (I) General State Aid for Newly Configured School Districts.
30 (1) For a new school district formed by combining
31 property included totally within 2 or more previously
32 existing school districts, for its first year of existence
33 the general State aid and supplemental general State aid
34 calculated under this Section shall be computed for the new
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1 district and for the previously existing districts for which
2 property is totally included within the new district. If the
3 computation on the basis of the previously existing districts
4 is greater, a supplementary payment equal to the difference
5 shall be made for the first 4 years of existence of the new
6 district.
7 (2) For a school district which annexes all of the
8 territory of one or more entire other school districts, for
9 the first year during which the change of boundaries
10 attributable to such annexation becomes effective for all
11 purposes as determined under Section 7-9 or 7A-8, the general
12 State aid and supplemental general State aid calculated under
13 this Section shall be computed for the annexing district as
14 constituted after the annexation and for the annexing and
15 each annexed district as constituted prior to the annexation;
16 and if the computation on the basis of the annexing and
17 annexed districts as constituted prior to the annexation is
18 greater, a supplementary payment equal to the difference
19 shall be made for the first 4 years of existence of the
20 annexing school district as constituted upon such annexation.
21 (3) For 2 or more school districts which annex all of
22 the territory of one or more entire other school districts,
23 and for 2 or more community unit districts which result upon
24 the division (pursuant to petition under Section 11A-2) of
25 one or more other unit school districts into 2 or more parts
26 and which together include all of the parts into which such
27 other unit school district or districts are so divided, for
28 the first year during which the change of boundaries
29 attributable to such annexation or division becomes effective
30 for all purposes as determined under Section 7-9 or 11A-10,
31 as the case may be, the general State aid and supplemental
32 general State aid calculated under this Section shall be
33 computed for each annexing or resulting district as
34 constituted after the annexation or division and for each
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1 annexing and annexed district, or for each resulting and
2 divided district, as constituted prior to the annexation or
3 division; and if the aggregate of the general State aid and
4 supplemental general State aid as so computed for the
5 annexing or resulting districts as constituted after the
6 annexation or division is less than the aggregate of the
7 general State aid and supplemental general State aid as so
8 computed for the annexing and annexed districts, or for the
9 resulting and divided districts, as constituted prior to the
10 annexation or division, then a supplementary payment equal to
11 the difference shall be made and allocated between or among
12 the annexing or resulting districts, as constituted upon such
13 annexation or division, for the first 4 years of their
14 existence. The total difference payment shall be allocated
15 between or among the annexing or resulting districts in the
16 same ratio as the pupil enrollment from that portion of the
17 annexed or divided district or districts which is annexed to
18 or included in each such annexing or resulting district bears
19 to the total pupil enrollment from the entire annexed or
20 divided district or districts, as such pupil enrollment is
21 determined for the school year last ending prior to the date
22 when the change of boundaries attributable to the annexation
23 or division becomes effective for all purposes. The amount
24 of the total difference payment and the amount thereof to be
25 allocated to the annexing or resulting districts shall be
26 computed by the State Board of Education on the basis of
27 pupil enrollment and other data which shall be certified to
28 the State Board of Education, on forms which it shall provide
29 for that purpose, by the regional superintendent of schools
30 for each educational service region in which the annexing and
31 annexed districts, or resulting and divided districts are
32 located.
33 (3.5) Claims for financial assistance under this
34 subsection (I) shall not be recomputed except as expressly
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1 provided under this Section.
2 (4) Any supplementary payment made under this subsection
3 (I) shall be treated as separate from all other payments made
4 pursuant to this Section.
5 (J) Supplementary Grants in Aid.
6 (1) Notwithstanding any other provisions of this
7 Section, the amount of the aggregate general State aid in
8 combination with supplemental general State aid under this
9 Section for which each school district is eligible shall be
10 no less than the amount of the aggregate general State aid
11 entitlement that was received by the district under Section
12 18-8 (exclusive of amounts received under subsections 5(p)
13 and 5(p-5) of that Section) for the 1997-98 school year,
14 pursuant to the provisions of that Section as it was then in
15 effect. If a school district qualifies to receive a
16 supplementary payment made under this subsection (J), the
17 amount of the aggregate general State aid in combination with
18 supplemental general State aid under this Section which that
19 district is eligible to receive for each school year shall be
20 no less than the amount of the aggregate general State aid
21 entitlement that was received by the district under Section
22 18-8 (exclusive of amounts received under subsections 5(p)
23 and 5(p-5) of that Section) for the 1997-1998 school year,
24 pursuant to the provisions of that Section as it was then in
25 effect.
26 (2) If, as provided in paragraph (1) of this subsection
27 (J), a school district is to receive aggregate general State
28 aid in combination with supplemental general State aid under
29 this Section for the 1998-99 school year and any subsequent
30 school year that in any such school year is less than the
31 amount of the aggregate general State aid entitlement that
32 the district received for the 1997-98 school year, the school
33 district shall also receive, from a separate appropriation
34 made for purposes of this subsection (J), a supplementary
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1 payment that is equal to the amount of the difference in the
2 aggregate State aid figures as described in paragraph (1).
3 (3) (Blank).
4 (K) Grants to Laboratory and Alternative Schools.
5 In calculating the amount to be paid to the governing
6 board of a public university that operates a laboratory
7 school under this Section or to any alternative school that
8 is operated by a regional superintendent of schools, the
9 State Board of Education shall require by rule such reporting
10 requirements as it deems necessary.
11 As used in this Section, "laboratory school" means a
12 public school which is created and operated by a public
13 university and approved by the State Board of Education. The
14 governing board of a public university which receives funds
15 from the State Board under this subsection (K) may not
16 increase the number of students enrolled in its laboratory
17 school from a single district, if that district is already
18 sending 50 or more students, except under a mutual agreement
19 between the school board of a student's district of residence
20 and the university which operates the laboratory school. A
21 laboratory school may not have more than 1,000 students,
22 excluding students with disabilities in a special education
23 program.
24 As used in this Section, "alternative school" means a
25 public school which is created and operated by a Regional
26 Superintendent of Schools and approved by the State Board of
27 Education. Such alternative schools may offer courses of
28 instruction for which credit is given in regular school
29 programs, courses to prepare students for the high school
30 equivalency testing program or vocational and occupational
31 training. A regional superintendent of schools may contract
32 with a school district or a public community college district
33 to operate an alternative school. An alternative school
34 serving more than one educational service region may be
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1 established by the regional superintendents of schools of the
2 affected educational service regions. An alternative school
3 serving more than one educational service region may be
4 operated under such terms as the regional superintendents of
5 schools of those educational service regions may agree.
6 Each laboratory and alternative school shall file, on
7 forms provided by the State Superintendent of Education, an
8 annual State aid claim which states the Average Daily
9 Attendance of the school's students by month. The best 3
10 months' Average Daily Attendance shall be computed for each
11 school. The general State aid entitlement shall be computed
12 by multiplying the applicable Average Daily Attendance by the
13 Foundation Level as determined under this Section.
14 (L) Payments, Additional Grants in Aid and Other
15 Requirements.
16 (1) For a school district operating under the financial
17 supervision of an Authority created under Article 34A, the
18 general State aid otherwise payable to that district under
19 this Section, but not the supplemental general State aid,
20 shall be reduced by an amount equal to the budget for the
21 operations of the Authority as certified by the Authority to
22 the State Board of Education, and an amount equal to such
23 reduction shall be paid to the Authority created for such
24 district for its operating expenses in the manner provided in
25 Section 18-11. The remainder of general State school aid for
26 any such district shall be paid in accordance with Article
27 34A when that Article provides for a disposition other than
28 that provided by this Article.
29 (2) (Blank).
30 (3) Summer school. Summer school payments shall be made
31 as provided in Section 18-4.3.
32 (M) Education Funding Advisory Board.
33 The Education Funding Advisory Board, hereinafter in this
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1 subsection (M) referred to as the "Board", is hereby created.
2 The Board shall consist of 5 members who are appointed by the
3 Governor, by and with the advice and consent of the Senate.
4 The members appointed shall include representatives of
5 education, business, and the general public. One of the
6 members so appointed shall be designated by the Governor at
7 the time the appointment is made as the chairperson of the
8 Board. The initial members of the Board may be appointed any
9 time after the effective date of this amendatory Act of 1997.
10 The regular term of each member of the Board shall be for 4
11 years from the third Monday of January of the year in which
12 the term of the member's appointment is to commence, except
13 that of the 5 initial members appointed to serve on the
14 Board, the member who is appointed as the chairperson shall
15 serve for a term that commences on the date of his or her
16 appointment and expires on the third Monday of January, 2002,
17 and the remaining 4 members, by lots drawn at the first
18 meeting of the Board that is held after all 5 members are
19 appointed, shall determine 2 of their number to serve for
20 terms that commence on the date of their respective
21 appointments and expire on the third Monday of January, 2001,
22 and 2 of their number to serve for terms that commence on the
23 date of their respective appointments and expire on the third
24 Monday of January, 2000. All members appointed to serve on
25 the Board shall serve until their respective successors are
26 appointed and confirmed. Vacancies shall be filled in the
27 same manner as original appointments. If a vacancy in
28 membership occurs at a time when the Senate is not in
29 session, the Governor shall make a temporary appointment
30 until the next meeting of the Senate, when he or she shall
31 appoint, by and with the advice and consent of the Senate, a
32 person to fill that membership for the unexpired term. If
33 the Senate is not in session when the initial appointments
34 are made, those appointments shall be made as in the case of
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1 vacancies.
2 The Education Funding Advisory Board shall be deemed
3 established, and the initial members appointed by the
4 Governor to serve as members of the Board shall take office,
5 on the date that the Governor makes his or her appointment of
6 the fifth initial member of the Board, whether those initial
7 members are then serving pursuant to appointment and
8 confirmation or pursuant to temporary appointments that are
9 made by the Governor as in the case of vacancies.
10 The State Board of Education shall provide such staff
11 assistance to the Education Funding Advisory Board as is
12 reasonably required for the proper performance by the Board
13 of its responsibilities.
14 For school years after the 2000-2001 school year, the
15 Education Funding Advisory Board, in consultation with the
16 State Board of Education, shall make recommendations as
17 provided in this subsection (M) to the General Assembly for
18 the foundation level under subdivision (B)(3) of this Section
19 and for the supplemental general State aid grant level under
20 subsection (H) of this Section for districts with high
21 concentrations of children from poverty. The recommended
22 foundation level shall be determined based on a methodology
23 which incorporates the basic education expenditures of
24 low-spending schools exhibiting high academic performance.
25 The Education Funding Advisory Board shall make such
26 recommendations to the General Assembly on January 1 of odd
27 numbered years, beginning January 1, 2001.
28 (N) (Blank).
29 (O) References.
30 (1) References in other laws to the various subdivisions
31 of Section 18-8 as that Section existed before its repeal and
32 replacement by this Section 18-8.05 shall be deemed to refer
33 to the corresponding provisions of this Section 18-8.05, to
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1 the extent that those references remain applicable.
2 (2) References in other laws to State Chapter 1 funds
3 shall be deemed to refer to the supplemental general State
4 aid provided under subsection (H) of this Section.
5 (Source: P.A. 91-24, eff. 7-1-99; 91-93, eff. 7-9-99; 91-96,
6 eff. 7-9-99; 91-111, eff. 7-14-99; 91-357, eff. 7-29-99;
7 91-533, eff. 8-13-99; 92-7, eff. 6-29-01; 92-16, eff.
8 6-28-01; 92-28, eff. 7-1-01; 92-29, eff. 7-1-01; 92-269, eff.
9 8-7-01; revised 8-7-01.)
10 (105 ILCS 5/24-2) (from Ch. 122, par. 24-2)
11 Sec. 24-2. Holidays.
12 (a) Teachers shall not be required to teach on
13 Saturdays; nor, except as provided in subsection (b) of this
14 Section, shall teachers or other school employees, other than
15 noncertificated school employees whose presence is necessary
16 because of an emergency or for the continued operation and
17 maintenance of school facilities or property, be required to
18 work on legal school holidays, which are January 1, New
19 Year's Day; the third Monday in January, the Birthday of Dr.
20 Martin Luther King, Jr.; February 12, the Birthday of
21 President Abraham Lincoln; the first Monday in March (to be
22 known as Casimir Pulaski's birthday); Good Friday; the day
23 designated as Memorial Day by federal law; July 4,
24 Independence Day; the first Monday in September, Labor Day;
25 the second Monday in October, Columbus Day; November 11,
26 Veterans' Veteran's Day; the Thursday in November commonly
27 called Thanksgiving Day; and December 25, Christmas Day.
28 School boards may grant special holidays whenever in their
29 judgment such action is advisable, except that no school
30 board or board of education may designate or observe as a
31 special holiday on which teachers or other school employees
32 are not required to work the days on which general elections
33 for members of the Illinois House of Representatives are
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1 held. No deduction shall be made from the time or
2 compensation of a school employee on account of any legal or
3 special holiday.
4 (b) A school board is authorized to hold school on the
5 following legal school holidays or to use the holidays for
6 teachers' institutes, parent-teacher conferences, staff
7 development, or other purposes, provided the person or
8 persons honored by the holiday are recognized through
9 instructional activities conducted on that day or at another
10 time during the school year: the third Monday in January, the
11 Birthday of Dr. Martin Luther King, Jr.; February 12, the
12 Birthday of President Abraham Lincoln; the first Monday in
13 March (to be known as Casimir Pulaski's birthday); the second
14 Monday in October, Columbus Day; and November 11, Veterans'
15 Day.
16 (c) Commemorative holidays, which recognize specified
17 patriotic, civic, cultural or historical persons, activities,
18 or events, are regular school days. Commemorative holidays
19 are: January 28 (to be known as Christa McAuliffe Day and
20 observed as a commemoration of space exploration), February
21 15 (the birthday of Susan B. Anthony), March 29 (Viet Nam War
22 Veterans' Veterans Day), the school day immediately preceding
23 Veterans' Veteran's Day (Korean War Veterans' Veterans Day),
24 October 1 (Recycling Day), December 7 (Pearl Harbor Veterans'
25 Veterans Day) and any day so appointed by the President or
26 Governor. School boards may establish commemorative holidays
27 whenever in their judgment such action is advisable. School
28 boards shall include instruction relative to commemorated
29 persons, activities, or events on the commemorative holiday
30 or at any other time during the school year and at any point
31 in the curriculum when such instruction may be deemed
32 appropriate. The State Board of Education shall prepare and
33 make available to school boards instructional materials
34 relative to commemorated persons, activities, or events which
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1 may be used by school boards in conjunction with any
2 instruction provided pursuant to this subsection (c)
3 paragraph.
4 (d) City of Chicago School District 299 shall observe
5 March 4 of each year as a commemorative holiday. This
6 holiday shall be known as Mayors' Day which shall be a day to
7 commemorate and be reminded of the past Chief Executive
8 Officers of the City of Chicago, and in particular the late
9 Mayor Richard J. Daley and the late Mayor Harold Washington.
10 If March 4 falls on a Saturday or Sunday, Mayors' Day shall
11 be observed on the following Monday.
12 (Source: P.A. 89-610, eff. 8-6-96; 89-622, eff. 8-9-96;
13 90-14, eff. 7-1-97.)
14 Section 99. Effective date. This Act takes effect on
15 July 1, 2002.