SB 744 — STATE BOARD OF EDUCATION-TECH

A certified copy of the resolution must be sent to SB744 Enrolled -5- LRB093 03065 NHT 03082 b the State Superintendent of Education.

The resolution shall still take effect even though a copy of the resolution has not been sent to the State Superintendent of Education in a timely manner.

No classification under this subsection (h) by a district shall affect the total amount or timing of money the district is entitled to receive under this Code.

No classification under this subsection (h) by a district shall in any way relieve the district from or affect any requirements that otherwise would apply with respect to the block grant as provided in this Section, including any accounting of funds by source, reporting expenditures by original source and purpose, reporting requirements, or requirements of provision of services.

(Source:

P.A.

91-711, eff.

7-1-00;

92-568, eff.

6-26-02;

92-651, eff.

7-11-02.) (105 ILCS 5/2-3.47) (from Ch.

1A-1)2-3.47) Sec.

1A-1.2-3.47.

__________d_______________Comprehensive membersEducational andPlan. terms.

(a) The termState Board of eachEducation membershall ofanalyze the Statecurrent Boardand ofanticipated Educationproblems whoand isdeficiencies, inpresent officeand onfuture theminimum effectiveneeds dateand requirements and immediate and future objectives and goals of thiselementary amendatoryand Actsecondary education in the State of 1996Illinois, and shall terminatedesign onand Januaryprepare 1,a 1997Comprehensive orEducational whenPlan allfor the development, expansion, integration, coordination, and improved and efficient utilization of the newpersonnel, membersfacilities, initiallyrevenues, tocurricula beand appointedstandards underof thiselementary amendatoryand Actsecondary ofeducation 1996for arethe appointedpublic byschools in the Governorareas asof providedteaching in(including subsectionpreparation, (b),certification, whichevercompensation, lastclassification, occurs.performance rating and tenure), administration, program content and enrichment, student academic achievement, class size, transportation, educational finance and budgetary and accounting procedure, and educational policy and resource planning.

(b)In Beginningformulating onthe JanuaryComprehensive 1,Educational 1997Plan orfor whenelementary alland ofsecondary theSB744 newEnrolled members-6- initiallyLRB093 to03065 beNHT appointed03082 underb thiseducation, subsectionpre-school arethrough appointedgrade by12, thein Governor,this whicheverState, last occurs, and thereafter, the State Board of Education shall consistgive consideration to disabled, ------- occupational, career and other specialized areas of 9elementary members,and whosecondary education, and further shall beconsider appointedthe byproblems, requirements and objectives of private elementary and secondary schools within the GovernorState withas the advicesame relate to the present and consentfuture ofproblems, thedeficiencies, Senateneeds, fromrequirements, aobjectives patternand goals of regionalthe representationpublic asschool follows:system of Illinois.

2As appointeesan shallintegral bepart selectedof fromthe amongComprehensive thoseEducational countiesPlan, the State Board of Education shall develop an annual budget for education for the entire State otherwhich thandetails Cookthe Countyrequired, total revenues from all sources and the 5estimated countiestotal contiguousexpenditures tofor Cookall County;purposes under the Comprehensive Educational Plan.

2The appointeesbudgets shall bespecify selectedthe amount of revenue projected from Cookeach County,source oneand the amount of whomexpenditure shallestimated befor aeach residentpurpose offor the Cityfiscal ofyear, Chicagoand shall specifically relate and oneidentify ofsuch whomprojected shallrevenues beand aestimated residentexpenditures ofto thatthe partparticular ofproblem, Cookdeficiency, Countyneed, whichrequirement, liesobjective outsideor goal set forth in the cityComprehensive limitsEducational ofPlan Chicago;to which such revenues for expenditures are attributable.

2The appointeesState Board of Education shall beprepare selectedand fromsubmit amongto the 5General countiesAssembly ofand the StateGovernor thatdrafts areof contiguousproposed legislation to Cookimplement County;the Comprehensive Educational Plan;

shall engage in a continuing study, analysis and 3evaluation membersof shallthe beComprehensive selectedEducational asPlan members-at-large.so designed and prepared;

Atand noshall from time mayto moretime thanas 5required memberswith ofrespect to such annual budgets, and as the State Board beof fromEducation oneshall politicaldetermine party.with respect to any proposed amendments or modifications of any Comprehensive Educational Plan enacted by the General Assembly, submit its drafts or recommendations for proposed legislation to the General Assembly and the Governor.

Party membership is defined as having voted in the primary of the party in the last primary before SB744 Engrossed -2- LRB093 03065 NHT 03082 b appointment.

The 9 members initially appointed pursuant to this amendatory Act of 1996 shall draw lots to determine 3 of their number who shall serve until the second Wednesday of January, 2003, 3 of their number who shall serve until the second Wednesday of January, 2001, and 3 of their number who shall serve until the second Wednesday of January, 1999.

Upon expiration of the terms of the members initially appointed under this amendatory Act of 1996, their respective successors shall be appointed for terms of 6 years, from the second Wednesday in January of each odd numbered year and until their respective successors are appointed and qualified.

Vacancies in terms shall be filled by appointment by the Governor with the advice and consent of the Senate for the extent of the unexpired term.

If a vacancy in membership occurs at a time when the Senate is not in session, the Governor shall make a temporary appointment until the next meeting of the Senate, when the Governor shall appoint a person to fill that membership for the remainder of its term.

If the Senate is not in session when appointments for a full term are made, the appointments shall be made as in the case of vacancies.

89-610,89-397, eff.

8-6-96.)8-20-95;

90-372, eff.

7-1-98.) SB744 Enrolled -7- LRB093 03065 NHT 03082 b (105 ILCS 5/2-3.61) (from Ch.

122, par.

2-3.61) Sec.

2-3.61.

Summer school grants;_ -------a--- remedial _____t____.

From moneys appropriated for such purposes, the State Board of Education shall provide summer school grants to qualifying school districts applying for such grants to be used by such districts, in strict accordance with the provisions of this Section, solely for the purpose of enabling s-------------------"--------------------o------------- -----r----------------------S----------------- students who,_ as determined by the school district in accordance with criteria established by the State Board of Education, _ are in need of remedial education in order to qualify for academic advancement to attend summer school without having to pay tuition, fees or instructional material expenses.

A qualifying district receiving a summer school grant pursuant to this Section shall use the grant moneys so received solely for the purpose of employing certificated personnel to provide instruction and to furnish necessary transportation, text books and other instructional materials for students who are -i---------------------t--------------- in need of remedial education within the meaning of this Section and who attend the summer school program of the district.

All applications for grants under this Section shall be made on forms which the State Board of Education shall provide, and shall be filed by the school districts making application for such grants with the State Board of Education prior to the beginning of a program.

The State Board of Education shall adopt rules regarding the procedure by which application may be made for such grants, and shall establish standards by which to evaluate the summer school programs proposed by applicant school districts for students who are ------ -----r---------------------n---- in need of remedial education within the meaning of this Section and for the payment of all grants awarded pursuant to this Section.

SB744 Enrolled -8- LRB093 03065 NHT 03082 b (Source:

P.A.

86-184.) (105 ILCS 5/2-3.62) (from Ch.

122, par.

2-3.62) Sec.

2-3.62.

Educational Service Centers.

(a) A regional network of educational service centers shall be established by the State Board of Education to coordinate and combine existing services in a manner which is practical and efficient and to provide new services to schools as provided in this Section.

Services to be made available by such centers shall include the planning, implementation and evaluation of:

(1) ________ ---c----------------------d------------- -r---------------------r----------------------r------------- -n----------------------i----------------- (2) computer technology education including the evaluation, use and application of state-of-the-art technology in computer software as provided in Section 2-3.43;

(3) mathematics, science and reading resources for teachers including continuing education, inservice training and staff development.

The centers may provide training, technical assistance, coordination and planning in other program areas such as school improvement, school accountability, career guidance, early childhood education, alcohol/drug education and prevention, family life - sex education, electronic transmission of data from school districts to the State, alternative education and regional special education, and telecommunications systems that provide distance learning.

Such telecommunications systems may be obtained through the Department of Central Management Services pursuant to Section 405-270 of the Department of Central Management Services Law (20 ILCS 405/405-270).

The programs and services of educational service centers may be offered to private school SB744 Enrolled -9- LRB093 03065 NHT 03082 b teachers and private school students within each service center area provided public schools have already been afforded adequate access to such programs and services.

The State Board of Education shall promulgate rules and regulations necessary to implement this Section.

The rules shall include detailed standards which delineate the scope and specific content of programs to be provided by each Educational Service Center, as well as the specific planning, implementation and evaluation services to be provided by each Center relative to its programs.

The Board shall also provide the standards by which it will evaluate the programs provided by each Center.

(b) Centers serving Class 1 county school units shall be governed by an 11-member board, 3 members of which shall be public school teachers nominated by the local bargaining representatives to the appropriate regional superintendent for appointment and no more than 3 members of which shall be from each of the following categories, including but not limited to superintendents, regional superintendents, school board members and a representative of an institution of higher education.

The members of the board shall be appointed by the regional superintendents whose school districts are served by the educational service center.

The composition of the board will reflect the revisions of this amendatory Act of 1989 as the terms of office of current members expire.

(c) The centers shall be of sufficient size and number to assure delivery of services to all local school districts in the State.

(d) From monies appropriated for this program the State Board of Education shall provide grants to qualifying Educational Service Centers applying for such grants in accordance with rules and regulations promulgated by the State Board of Education to implement this Section.

SB744 Enrolled -10- LRB093 03065 NHT 03082 b (e) The governing authority of each of the 18 regional educational service centers shall appoint a family life - sex education advisory board consisting of 2 parents, 2 teachers, 2 school administrators, 2 school board members, 2 health care professionals, one library system representative, and the director of the regional educational service center who shall serve as chairperson of the advisory board so appointed.

Members of the family life - sex education advisory boards shall serve without compensation.

Each of the advisory boards appointed pursuant to this subsection shall develop a plan for regional teacher-parent family life - sex education training sessions and shall file a written report of such plan with the governing board of their regional educational service center.

The directors of each of the regional educational service centers shall thereupon meet, review each of the reports submitted by the advisory boards and combine those reports into a single written report which they shall file with the Citizens Council on School Problems prior to the end of the regular school term of the 1987-1988 school year.

(f) The 14 educational service centers serving Class I county school units shall be disbanded on the first Monday of August, 1995, and their statutory responsibilities and programs shall be assumed by the regional offices of education, subject to rules and regulations developed by the State Board of Education.

The regional superintendents of schools elected by the voters residing in all Class I counties shall serve as the chief administrators for these programs and services.

By rule of the State Board of Education, the 10 educational service regions of lowest population shall provide such services under cooperative agreements with larger regions.

(Source:

P.A.

91-239, eff.

1-1-00.) SB744 Enrolled -11- LRB093 03065 NHT 03082 b (105 ILCS 5/2-3.131 new) _e_______________________t____________________n_____________ _____e_____________________t______________________w_____________ _____l_____________________a______________________r_____________ _____a_____________________o______________________p_____________ _____s_____________________a______________________o_____________ _______t____________________d_____________________l_____________ _____p_____________________e______________________,_____________ ______o____________________a_______________________t____________ _____t______________________s______________________a____________ _____e_____________________t_______________________t____________ _____f_____________________o______________________u_____________ _____l_____________________t______ (105 ILCS 5/18-8.05) Sec.

18-8.05.

Basis for apportionment of general State financial aid and supplemental general State aid to the common schools for the 1998-1999 and subsequent school years.

(A) General Provisions.

(1) The provisions of this Section apply to the 1998-1999 and subsequent school years.

The system of general State financial aid provided for in this Section is designed to assure that, through a combination of State financial aid and required local resources, the financial support provided each pupil in Average Daily Attendance equals or exceeds a prescribed per pupil Foundation Level.

This formula approach imputes a level of per pupil Available Local Resources and provides for the basis to calculate a per pupil level of general State financial aid that, when added to Available Local Resources, equals or exceeds the Foundation Level.

The amount of per pupil general State financial aid for school districts, in general, varies in inverse relation to Available Local Resources.

Per pupil amounts are based upon each school district's Average Daily Attendance as that term SB744 Enrolled -12- LRB093 03065 NHT 03082 b is defined in this Section.

(2) In addition to general State financial aid, school districts with specified levels or concentrations of pupils from low income households are eligible to receive supplemental general State financial aid grants as provided pursuant to subsection (H).

The supplemental State aid grants provided for school districts under subsection (H) shall be appropriated for distribution to school districts as part of the same line item in which the general State financial aid of school districts is appropriated under this Section.

(3) To receive financial assistance under this Section, school districts are required to file claims with the State Board of Education, subject to the following requirements:

(a) Any school district which fails for any given school year to maintain school as required by law, or to maintain a recognized school is not eligible to file for such school year any claim upon the Common School Fund.

In case of nonrecognition of one or more attendance centers in a school district otherwise operating recognized schools, the claim of the district shall be reduced in the proportion which the Average Daily Attendance in the attendance center or centers bear to the Average Daily Attendance in the school district.

A "recognized school" means any public school which meets the standards as established for recognition by the State Board of Education.

A school district or attendance center not having recognition status at the end of a school term is entitled to receive State aid payments due upon a legal claim which was filed while it was recognized.

(b) School district claims filed under this Section are subject to Sections 18-9, 18-10, and 18-12, except as otherwise provided in this Section.

(c) If a school district operates a full year SB744 Enrolled -13- LRB093 03065 NHT 03082 b school under Section 10-19.1, the general State aid to the school district shall be determined by the State Board of Education in accordance with this Section as near as may be applicable.

(d) (Blank).

(4) Except as provided in subsections (H) and (L), the board of any district receiving any of the grants provided for in this Section may apply those funds to any fund so received for which that board is authorized to make expenditures by law.

School districts are not required to exert a minimum Operating Tax Rate in order to qualify for assistance under this Section.

(5) As used in this Section the following terms, when capitalized, shall have the meaning ascribed herein:

(a) "Average Daily Attendance":

A count of pupil attendance in school, averaged as provided for in subsection (C) and utilized in deriving per pupil financial support levels.

(b) "Available Local Resources":

A computation of local financial support, calculated on the basis of Average Daily Attendance and derived as provided pursuant to subsection (D).

(c) "Corporate Personal Property Replacement Taxes":

Funds paid to local school districts pursuant to "An Act in relation to the abolition of ad valorem personal property tax and the replacement of revenues lost thereby, and amending and repealing certain Acts and parts of Acts in connection therewith", certified August 14, 1979, as amended (Public Act 81-1st S.S.-1).

(d) "Foundation Level":

A prescribed level of per pupil financial support as provided for in subsection (B).

(e) "Operating Tax Rate":

All school district SB744 Enrolled -14- LRB093 03065 NHT 03082 b property taxes extended for all purposes, except Bond and Interest, Summer School, Rent, Capital Improvement, and Vocational Education Building purposes.

(B) Foundation Level.

(1) The Foundation Level is a figure established by the State representing the minimum level of per pupil financial support that should be available to provide for the basic education of each pupil in Average Daily Attendance.

As set forth in this Section, each school district is assumed to exert a sufficient local taxing effort such that, in combination with the aggregate of general State financial aid provided the district, an aggregate of State and local resources are available to meet the basic education needs of pupils in the district.

(2) For the 1998-1999 school year, the Foundation Level of support is $4,225.

For the 1999-2000 school year, the Foundation Level of support is $4,325.

For the 2000-2001 school year, the Foundation Level of support is $4,425.

(3) For the 2001-2002 school year and ____-_____________ ____ --------------------t----------, the Foundation Level of support is $4,560 -----u----------------------a------------- -----l---------------------G----------------.

_4_____________________0______________________h_____________ _____a______________________L_____________________4_____________ _____e_____________________s_______________________t____________ _____b____ (C) Average Daily Attendance.

(1) For purposes of calculating general State aid pursuant to subsection (E), an Average Daily Attendance figure shall be utilized.

The Average Daily Attendance figure for formula calculation purposes shall be the monthly average of the actual number of pupils in attendance of each school district, as further averaged for the best 3 months of SB744 Enrolled -15- LRB093 03065 NHT 03082 b pupil attendance for each school district.

In compiling the figures for the number of pupils in attendance, school districts and the State Board of Education shall, for purposes of general State aid funding, conform attendance figures to the requirements of subsection (F).

(2) The Average Daily Attendance figures utilized in subsection (E) shall be the requisite attendance data for the school year immediately preceding the school year for which general State aid is being calculated or the average of the attendance data for the 3 preceding school years, whichever is greater.

The Average Daily Attendance figures utilized in subsection (H) shall be the requisite attendance data for the school year immediately preceding the school year for which general State aid is being calculated.

(D) Available Local Resources.

(1) For purposes of calculating general State aid pursuant to subsection (E), a representation of Available Local Resources per pupil, as that term is defined and determined in this subsection, shall be utilized.

Available Local Resources per pupil shall include a calculated dollar amount representing local school district revenues from local property taxes and from Corporate Personal Property Replacement Taxes, expressed on the basis of pupils in Average Daily Attendance.

(2) In determining a school district's revenue from local property taxes, the State Board of Education shall utilize the equalized assessed valuation of all taxable property of each school district as of September 30 of the previous year.

The equalized assessed valuation utilized shall be obtained and determined as provided in subsection (G).

(3) For school districts maintaining grades kindergarten through 12, local property tax revenues per pupil shall be calculated as the product of the applicable equalized SB744 Enrolled -16- LRB093 03065 NHT 03082 b assessed valuation for the district multiplied by 3.00%, and divided by the district's Average Daily Attendance figure.

For school districts maintaining grades kindergarten through 8, local property tax revenues per pupil shall be calculated as the product of the applicable equalized assessed valuation for the district multiplied by 2.30%, and divided by the district's Average Daily Attendance figure.

For school districts maintaining grades 9 through 12, local property tax revenues per pupil shall be the applicable equalized assessed valuation of the district multiplied by 1.05%, and divided by the district's Average Daily Attendance figure.

(4) The Corporate Personal Property Replacement Taxes paid to each school district during the calendar year 2 years before the calendar year in which a school year begins, divided by the Average Daily Attendance figure for that district, shall be added to the local property tax revenues per pupil as derived by the application of the immediately preceding paragraph (3).

The sum of these per pupil figures for each school district shall constitute Available Local Resources as that term is utilized in subsection (E) in the calculation of general State aid.

(E) Computation of General State Aid.

(1) For each school year, the amount of general State aid allotted to a school district shall be computed by the State Board of Education as provided in this subsection.

(2) For any school district for which Available Local Resources per pupil is less than the product of 0.93 times the Foundation Level, general State aid for that district shall be calculated as an amount equal to the Foundation Level minus Available Local Resources, multiplied by the Average Daily Attendance of the school district.

(3) For any school district for which Available Local Resources per pupil is equal to or greater than the product of 0.93 times the Foundation Level and less than the product SB744 Enrolled -17- LRB093 03065 NHT 03082 b of 1.75 times the Foundation Level, the general State aid per pupil shall be a decimal proportion of the Foundation Level derived using a linear algorithm.

Under this linear algorithm, the calculated general State aid per pupil shall decline in direct linear fashion from 0.07 times the Foundation Level for a school district with Available Local Resources equal to the product of 0.93 times the Foundation Level, to 0.05 times the Foundation Level for a school district with Available Local Resources equal to the product of 1.75 times the Foundation Level.

The allocation of general State aid for school districts subject to this paragraph 3 shall be the calculated general State aid per pupil figure multiplied by the Average Daily Attendance of the school district.

(4) For any school district for which Available Local Resources per pupil equals or exceeds the product of 1.75 times the Foundation Level, the general State aid for the school district shall be calculated as the product of $218 multiplied by the Average Daily Attendance of the school district.

(5) The amount of general State aid allocated to a school district for the 1999-2000 school year meeting the requirements set forth in paragraph (4) of subsection (G) shall be increased by an amount equal to the general State aid that would have been received by the district for the 1998-1999 school year by utilizing the Extension Limitation Equalized Assessed Valuation as calculated in paragraph (4) of subsection (G) less the general State aid allotted for the 1998-1999 school year.

This amount shall be deemed a one time increase, and shall not affect any future general State aid allocations.

(F) Compilation of Average Daily Attendance.

(1) Each school district shall, by July 1 of each year, submit to the State Board of Education, on forms prescribed SB744 Enrolled -18- LRB093 03065 NHT 03082 b by the State Board of Education, attendance figures for the school year that began in the preceding calendar year.

The attendance information so transmitted shall identify the average daily attendance figures for each month of the school year.

Beginning with the general State aid claim form for the 2002-2003 school year, districts shall calculate Average Daily Attendance as provided in subdivisions (a), (b), and (c) of this paragraph (1).

(a) In districts that do not hold year-round classes, days of attendance in August shall be added to the month of September and any days of attendance in June shall be added to the month of May.

(b) In districts in which all buildings hold year-round classes, days of attendance in July and August shall be added to the month of September and any days of attendance in June shall be added to the month of May.

(c) In districts in which some buildings, but not all, hold year-round classes, for the non-year-round buildings, days of attendance in August shall be added to the month of September and any days of attendance in June shall be added to the month of May.

The average daily attendance for the year-round buildings shall be computed as provided in subdivision (b) of this paragraph (1).

To calculate the Average Daily Attendance for the district, the average daily attendance for the year-round buildings shall be multiplied by the days in session for the non-year-round buildings for each month and added to the monthly attendance of the non-year-round buildings.

Except as otherwise provided in this Section, days of attendance by pupils shall be counted only for sessions of not less than 5 clock hours of school work per day under direct supervision of:

(i) teachers, or (ii) non-teaching personnel or volunteer personnel when engaging in non-teaching duties and supervising in those instances SB744 Enrolled -19- LRB093 03065 NHT 03082 b specified in subsection (a) of Section 10-22.34 and paragraph 10 of Section 34-18, with pupils of legal school age and in kindergarten and grades 1 through 12.

Days of attendance by tuition pupils shall be accredited only to the districts that pay the tuition to a recognized school.

(2) Days of attendance by pupils of less than 5 clock hours of school shall be subject to the following provisions in the compilation of Average Daily Attendance.

(a) Pupils regularly enrolled in a public school for only a part of the school day may be counted on the basis of 1/6 day for every class hour of instruction of 40 minutes or more attended pursuant to such enrollment, unless a pupil is enrolled in a block-schedule format of 80 minutes or more of instruction, in which case the pupil may be counted on the basis of the proportion of minutes of school work completed each day to the minimum number of minutes that school work is required to be held that day.

(b) Days of attendance may be less than 5 clock hours on the opening and closing of the school term, and upon the first day of pupil attendance, if preceded by a day or days utilized as an institute or teachers' workshop.

(c) A session of 4 or more clock hours may be counted as a day of attendance upon certification by the regional superintendent, and approved by the State Superintendent of Education to the extent that the district has been forced to use daily multiple sessions.

(d) A session of 3 or more clock hours may be counted as a day of attendance (1) when the remainder of the school day or at least 2 hours in the evening of that day is utilized for an in-service training program for teachers, up to a maximum of 5 days per school year of SB744 Enrolled -20- LRB093 03065 NHT 03082 b which a maximum of 4 days of such 5 days may be used for parent-teacher conferences, provided a district conducts an in-service training program for teachers which has been approved by the State Superintendent of Education;

or, in lieu of 4 such days, 2 full days may be used, in which event each such day may be counted as a day of attendance;

and (2) when days in addition to those provided in item (1) are scheduled by a school pursuant to its school improvement plan adopted under Article 34 or its revised or amended school improvement plan adopted under Article 2, provided that (i) such sessions of 3 or more clock hours are scheduled to occur at regular intervals, (ii) the remainder of the school days in which such sessions occur are utilized for in-service training programs or other staff development activities for teachers, and (iii) a sufficient number of minutes of school work under the direct supervision of teachers are added to the school days between such regularly scheduled sessions to accumulate not less than the number of minutes by which such sessions of 3 or more clock hours fall short of 5 clock hours.

Any full days used for the purposes of this paragraph shall not be considered for computing average daily attendance.

Days scheduled for in-service training programs, staff development activities, or parent-teacher conferences may be scheduled separately for different grade levels and different attendance centers of the district.

(e) A session of not less than one clock hour of teaching hospitalized or homebound pupils on-site or by telephone to the classroom may be counted as 1/2 day of attendance, however these pupils must receive 4 or more clock hours of instruction to be counted for a full day of attendance.

(f) A session of at least 4 clock hours may be SB744 Enrolled -21- LRB093 03065 NHT 03082 b counted as a day of attendance for first grade pupils, and pupils in full day kindergartens, and a session of 2 or more hours may be counted as 1/2 day of attendance by pupils in kindergartens which provide only 1/2 day of attendance.

(g) For children with disabilities who are below the age of 6 years and who cannot attend 2 or more clock hours because of their disability or immaturity, a session of not less than one clock hour may be counted as 1/2 day of attendance;

however for such children whose educational needs so require a session of 4 or more clock hours may be counted as a full day of attendance.

(h) A recognized kindergarten which provides for only 1/2 day of attendance by each pupil shall not have more than 1/2 day of attendance counted in any one day.

However, kindergartens may count 2 1/2 days of attendance in any 5 consecutive school days.

When a pupil attends such a kindergarten for 2 half days on any one school day, the pupil shall have the following day as a day absent from school, unless the school district obtains permission in writing from the State Superintendent of Education.

Attendance at kindergartens which provide for a full day of attendance by each pupil shall be counted the same as attendance by first grade pupils.

Only the first year of attendance in one kindergarten shall be counted, except in case of children who entered the kindergarten in their fifth year whose educational development requires a second year of kindergarten as determined under the rules and regulations of the State Board of Education.

(G) Equalized Assessed Valuation Data.

(1) For purposes of the calculation of Available Local Resources required pursuant to subsection (D), the State Board of Education shall secure from the Department of SB744 Enrolled -22- LRB093 03065 NHT 03082 b Revenue the value as equalized or assessed by the Department of Revenue of all taxable property of every school district, together with (i) the applicable tax rate used in extending taxes for the funds of the district as of September 30 of the previous year and (ii) the limiting rate for all school districts subject to property tax extension limitations as imposed under the Property Tax Extension Limitation Law.

This equalized assessed valuation, as adjusted further by the requirements of this subsection, shall be utilized in the calculation of Available Local Resources.

(2) The equalized assessed valuation in paragraph (1) shall be adjusted, as applicable, in the following manner:

(a) For the purposes of calculating State aid under this Section, with respect to any part of a school district within a redevelopment project area in respect to which a municipality has adopted tax increment allocation financing pursuant to the Tax Increment Allocation Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 of the Illinois Municipal Code or the Industrial Jobs Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code, no part of the current equalized assessed valuation of real property located in any such project area which is attributable to an increase above the total initial equalized assessed valuation of such property shall be used as part of the equalized assessed valuation of the district, until such time as all redevelopment project costs have been paid, as provided in Section 11-74.4-8 of the Tax Increment Allocation Redevelopment Act or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.

For the purpose of the equalized assessed valuation of the district, the total initial equalized assessed valuation or the current equalized assessed valuation, whichever is lower, shall be used until such time as all redevelopment project SB744 Enrolled -23- LRB093 03065 NHT 03082 b costs have been paid.

(b) The real property equalized assessed valuation for a school district shall be adjusted by subtracting from the real property value as equalized or assessed by the Department of Revenue for the district an amount computed by dividing the amount of any abatement of taxes under Section 18-170 of the Property Tax Code by 3.00% for a district maintaining grades kindergarten through 12, by 2.30% for a district maintaining grades kindergarten through 8, or by 1.05% for a district maintaining grades 9 through 12 and adjusted by an amount computed by dividing the amount of any abatement of taxes under subsection (a) of Section 18-165 of the Property Tax Code by the same percentage rates for district type as specified in this subparagraph (b).

(3) For the 1999-2000 school year and each school year thereafter, if a school district meets all of the criteria of this subsection (G)(3), the school district's Available Local Resources shall be calculated under subsection (D) using the district's Extension Limitation Equalized Assessed Valuation as calculated under this subsection (G)(3).

For purposes of this subsection (G)(3) the following terms shall have the following meanings:

"Budget Year":

The school year for which general State aid is calculated and awarded under subsection (E).

"Base Tax Year":

The property tax levy year used to calculate the Budget Year allocation of general State aid.

"Preceding Tax Year":

The property tax levy year immediately preceding the Base Tax Year.

"Base Tax Year's Tax Extension":

The product of the equalized assessed valuation utilized by the County Clerk in the Base Tax Year multiplied by the limiting rate as calculated by the County Clerk and defined in the SB744 Enrolled -24- LRB093 03065 NHT 03082 b Property Tax Extension Limitation Law.

"Preceding Tax Year's Tax Extension":

The product of the equalized assessed valuation utilized by the County Clerk in the Preceding Tax Year multiplied by the Operating Tax Rate as defined in subsection (A).

"Extension Limitation Ratio":

A numerical ratio, certified by the County Clerk, in which the numerator is the Base Tax Year's Tax Extension and the denominator is the Preceding Tax Year's Tax Extension.

"Operating Tax Rate":

The operating tax rate as defined in subsection (A).

If a school district is subject to property tax extension limitations as imposed under the Property Tax Extension Limitation Law, the State Board of Education shall calculate the Extension Limitation Equalized Assessed Valuation of that district.

For the 1999-2000 school year, the Extension Limitation Equalized Assessed Valuation of a school district as calculated by the State Board of Education shall be equal to the product of the district's 1996 Equalized Assessed Valuation and the district's Extension Limitation Ratio.

For the 2000-2001 school year and each school year thereafter, the Extension Limitation Equalized Assessed Valuation of a school district as calculated by the State Board of Education shall be equal to the product of the Equalized Assessed Valuation last used in the calculation of general State aid and the district's Extension Limitation Ratio.

If the Extension Limitation Equalized Assessed Valuation of a school district as calculated under this subsection (G)(3) is less than the district's equalized assessed valuation as calculated pursuant to subsections (G)(1) and (G)(2), then for purposes of calculating the district's general State aid for the Budget Year pursuant to subsection (E), that Extension Limitation Equalized Assessed Valuation shall be utilized to calculate the district's Available Local SB744 Enrolled -25- LRB093 03065 NHT 03082 b Resources under subsection (D).

(4) For the purposes of calculating general State aid for the 1999-2000 school year only, if a school district experienced a triennial reassessment on the equalized assessed valuation used in calculating its general State financial aid apportionment for the 1998-1999 school year, the State Board of Education shall calculate the Extension Limitation Equalized Assessed Valuation that would have been used to calculate the district's 1998-1999 general State aid.

This amount shall equal the product of the equalized assessed valuation used to calculate general State aid for the 1997-1998 school year and the district's Extension Limitation Ratio.

If the Extension Limitation Equalized Assessed Valuation of the school district as calculated under this paragraph (4) is less than the district's equalized assessed valuation utilized in calculating the district's 1998-1999 general State aid allocation, then for purposes of calculating the district's general State aid pursuant to paragraph (5) of subsection (E), that Extension Limitation Equalized Assessed Valuation shall be utilized to calculate the district's Available Local Resources.

(5) For school districts having a majority of their equalized assessed valuation in any county except Cook, DuPage, Kane, Lake, McHenry, or Will, if the amount of general State aid allocated to the school district for the 1999-2000 school year under the provisions of subsection (E), (H), and (J) of this Section is less than the amount of general State aid allocated to the district for the 1998-1999 school year under these subsections, then the general State aid of the district for the 1999-2000 school year only shall be increased by the difference between these amounts.

The total payments made under this paragraph (5) shall not exceed $14,000,000.

Claims shall be prorated if they exceed $14,000,000.

SB744 Enrolled -26- LRB093 03065 NHT 03082 b (H) Supplemental General State Aid.

(1) In addition to the general State aid a school district is allotted pursuant to subsection (E), qualifying school districts shall receive a grant, paid in conjunction with a district's payments of general State aid, for supplemental general State aid based upon the concentration level of children from low-income households within the school district.

Supplemental State aid grants provided for school districts under this subsection shall be appropriated for distribution to school districts as part of the same line item in which the general State financial aid of school districts is appropriated under this Section.

________ _____p_____________________s______________________S_____________ _____e______________________a______________________t____________ _____t______________________g______________________s____________ _____a_____________________l______________________t_____________ _____t_____________________t_______________________r____________ _____a_____________________l______________________r_____________ _____a______________________b_____________________e_____________ ______a_____________________B_____________________a_____________ _____a_____________________c______________________s__ _1_____________________(______________________t_____________ _______p___________________3___________________ For purposes of this subsection ___, the term "Low-Income Concentration Level" shall be the low-income eligible pupil count from the most recently available federal census divided by the Average Daily Attendance of the school district.

If, however, (i) the percentage decrease from the 2 most recent federal censuses in the low-income eligible pupil count of a high school district with fewer than 400 students exceeds by 75% or more the percentage change in the total low-income eligible pupil count of contiguous elementary school districts, whose boundaries are coterminous with the high school district, or (ii) a high school district within 2 counties and serving 5 SB744 Enrolled -27- LRB093 03065 NHT 03082 b elementary school districts, whose boundaries are coterminous with the high school district, has a percentage decrease from the 2 most recent federal censuses in the low-income eligible pupil count and there is a percentage increase in the total low-income eligible pupil count of a majority of the elementary school districts in excess of 50% from the 2 most recent federal censuses, then the high school district's low-income eligible pupil count from the earlier federal census shall be the number used as the low-income eligible pupil count for the high school district, for purposes of this subsection (H).

The changes made to this paragraph (1) by Public Act 92-28 shall apply to supplemental general State aid grants f_______________s______________________-_____________ ______t________ paid in fiscal year 1999 o__ -----n------------- ---- thereafter and to any State aid payments made in fiscal year 1994 through fiscal year 1998 pursuant to subsection 1(n) of Section 18-8 of this Code (which was repealed on July 1, 1998), and any high school district that is affected by Public Act 92-28 is entitled to a recomputation of its supplemental general State aid grant or State aid paid in any of those fiscal years.

This recomputation shall not be affected by any other funding.

_1______________________(_____________________h_____________ _____l_____________________o______________________r_____________ ______s____________________e______________________C_____________ _____"______________________f_____________________e_____________ _____b_______________________o______________________i___________ _____d_____________________d______________________e_____________ ______S____________________e_______________________a____________ _____a_____________________h______________________o_____________ _____a_____________________r______________________n_____________ _____l_______________________p____________________e_____________ _____r_____________________e______________________2_____________ _____d_____________________f______________________n_____________ SB744 Enrolled -28- LRB093 03065 NHT 03082 b _____i_____________________c_______________________f____________ _____a_____________________t______________________n_____________ _____l___________ (2) Supplemental general State aid pursuant to this subsection (H) shall be provided as follows for the 1998-1999, 1999-2000, and 2000-2001 school years only:

(a) For any school district with a Low Income Concentration Level of at least 20% and less than 35%, the grant for any school year shall be $800 multiplied by the low income eligible pupil count.

(b) For any school district with a Low Income Concentration Level of at least 35% and less than 50%, the grant for the 1998-1999 school year shall be $1,100 multiplied by the low income eligible pupil count.

(c) For any school district with a Low Income Concentration Level of at least 50% and less than 60%, the grant for the 1998-99 school year shall be $1,500 multiplied by the low income eligible pupil count.

(d) For any school district with a Low Income Concentration Level of 60% or more, the grant for the 1998-99 school year shall be $1,900 multiplied by the low income eligible pupil count.

(e) For the 1999-2000 school year, the per pupil amount specified in subparagraphs (b), (c), and (d) immediately above shall be increased to $1,243, $1,600, and $2,000, respectively.

(f) For the 2000-2001 school year, the per pupil amounts specified in subparagraphs (b), (c), and (d) immediately above shall be $1,273, $1,640, and $2,050, respectively.

(2.5) Supplemental general State aid pursuant to this subsection (H) shall be provided as follows for the 2002-2003 school year a--------------l-----------------:

(a) For any school district with a Low Income SB744 Enrolled -29- LRB093 03065 NHT 03082 b Concentration Level of less than 10%, the grant for each school year shall be $355 multiplied by the low income eligible pupil count.

(b) For any school district with a Low Income Concentration Level of at least 10% and less than 20%, the grant for each school year shall be $675 multiplied by the low income eligible pupil count.

(c) For any school district with a Low Income Concentration Level of at least 20% and less than 35%, the grant for each school year shall be $1,330 multiplied by the low income eligible pupil count.

(d) For any school district with a Low Income Concentration Level of at least 35% and less than 50%, the grant for each school year shall be $1,362 multiplied by the low income eligible pupil count.

(e) For any school district with a Low Income Concentration Level of at least 50% and less than 60%, the grant for each school year shall be $1,680 multiplied by the low income eligible pupil count.

(f) For any school district with a Low Income Concentration Level of 60% or more, the grant for each school year shall be $2,080 multiplied by the low income eligible pupil count.

_2_____________________t_______________________s____________ _____a_____________________a_______________________(____________ _____d_____________________e______________________a_____________ _____l__________________ _________________h______________________a_____________ _o______________________1_____________________n_____________ _c_____________________e______________________h_____________ _l____________________ _________________o________________________L___________ _o_____________________r______________________r_____________ _c_____________________2________________________p___________ SB744 Enrolled -30- LRB093 03065 NHT 03082 b _2_____________________r______________________C_____________ _e_____________________b______________________i_____________ _o_____ _o_____________________o______________________t_____________ ______t_____________________t_____________________y_____________ _____2_____________________,______________________o_____________ _____g_____________________0______________________l_____________ _____h_____________________e______________________s_____________ ______t____________________h______________________a_____________ _____3___ _o_____________________o______________________t_____________ _____e_____________________e______________________-_____________ _______a___________________d______________________l_____________ _____r_____________________g______________________l_____________ _____c_____________________t_______________________w____________ _____c_____________________t______________________h_____________ _____l_____________________0______________________l_____________ ______b______________________t______________________d___________ _____2_____________________d______________________5_____________ _____h_____________________n______________________c_____________ _____c_____________________h______________________w_____________ _____c_____________________n______________________t_____________ _____l_____________________2______________________,_____________ _______b___________________a______________________e_____________ _____2_____________________d______________________7_____________ _____e_____________________t______________________u_____________ _____c_____________________t_______________________w____________ _____c_____________________t______________________h_____________ _____l_______ (3) School districts with an Average Daily Attendance of more than 1,000 and less than 50,000 that qualify for supplemental general State aid pursuant to this subsection shall submit a plan to the State Board of Education prior to October 30 of each year for the use of the funds resulting SB744 Enrolled -31- LRB093 03065 NHT 03082 b from this grant of supplemental general State aid for the improvement of instruction in which priority is given to meeting the education needs of disadvantaged children.

Such plan shall be submitted in accordance with rules and regulations promulgated by the State Board of Education.

(4) School districts with an Average Daily Attendance of 50,000 or more that qualify for supplemental general State aid pursuant to this subsection shall be required to distribute from funds available pursuant to this Section, no less than $261,000,000 in accordance with the following requirements:

(a) The required amounts shall be distributed to the attendance centers within the district in proportion to the number of pupils enrolled at each attendance center who are eligible to receive free or reduced-price lunches or breakfasts under the federal Child Nutrition Act of 1966 and under the National School Lunch Act during the immediately preceding school year.

(b) The distribution of these portions of supplemental and general State aid among attendance centers according to these requirements shall not be compensated for or contravened by adjustments of the total of other funds appropriated to any attendance centers, and the Board of Education shall utilize funding from one or several sources in order to fully implement this provision annually prior to the opening of school.

(c) Each attendance center shall be provided by the school district a distribution of noncategorical funds and other categorical funds to which an attendance center is entitled under law in order that the general State aid and supplemental general State aid provided by application of this subsection supplements rather than supplants the noncategorical funds and other categorical funds provided by the school district to the attendance SB744 Enrolled -32- LRB093 03065 NHT 03082 b centers.

(d) Any funds made available under this subsection that by reason of the provisions of this subsection are not required to be allocated and provided to attendance centers may be used and appropriated by the board of the district for any lawful school purpose.

(e) Funds received by an attendance center pursuant to this subsection shall be used by the attendance center at the discretion of the principal and local school council for programs to improve educational opportunities at qualifying schools through the following programs and services:

early childhood education, reduced class size or improved adult to student classroom ratio, enrichment programs, remedial assistance, attendance improvement, and other educationally beneficial expenditures which supplement the regular and basic programs as determined by the State Board of Education.

Funds provided shall not be expended for any political or lobbying purposes as defined by board rule.

(f) Each district subject to the provisions of this subdivision (H)(4) shall submit an acceptable plan to meet the educational needs of disadvantaged children, in compliance with the requirements of this paragraph, to the State Board of Education prior to July 15 of each year.

This plan shall be consistent with the decisions of local school councils concerning the school expenditure plans developed in accordance with part 4 of Section 34-2.3.

The State Board shall approve or reject the plan within 60 days after its submission.

If the plan is rejected, the district shall give written notice of intent to modify the plan within 15 days of the notification of rejection and then submit a modified plan within 30 days after the date of the written notice of intent to modify.

Districts may amend approved plans SB744 Enrolled -33- LRB093 03065 NHT 03082 b pursuant to rules promulgated by the State Board of Education.

Upon notification by the State Board of Education that the district has not submitted a plan prior to July 15 or a modified plan within the time period specified herein, the State aid funds affected by that plan or modified plan shall be withheld by the State Board of Education until a plan or modified plan is submitted.

If the district fails to distribute State aid to attendance centers in accordance with an approved plan, the plan for the following year shall allocate funds, in addition to the funds otherwise required by this subsection, to those attendance centers which were underfunded during the previous year in amounts equal to such underfunding.

For purposes of determining compliance with this subsection in relation to the requirements of attendance center funding, each district subject to the provisions of this subsection shall submit as a separate document by December 1 of each year a report of expenditure data for the prior year in addition to any modification of its current plan.

If it is determined that there has been a failure to comply with the expenditure provisions of this subsection regarding contravention or supplanting, the State Superintendent of Education shall, within 60 days of receipt of the report, notify the district and any affected local school council.

The district shall within 45 days of receipt of that notification inform the State Superintendent of Education of the remedial or corrective action to be taken, whether by amendment of the current plan, if feasible, or by adjustment in the plan for the following year.

Failure to provide the expenditure report or the notification of remedial or corrective action in a timely manner shall result in a withholding SB744 Enrolled -34- LRB093 03065 NHT 03082 b of the affected funds.

The State Board of Education shall promulgate rules and regulations to implement the provisions of this subsection.

No funds shall be released under this subdivision (H)(4) to any district that has not submitted a plan that has been approved by the State Board of Education.

(I) General State Aid for Newly Configured School Districts.

(1) For a new school district formed by combining property included totally within 2 or more previously existing school districts, for its first year of existence the general State aid and supplemental general State aid calculated under this Section shall be computed for the new district and for the previously existing districts for which property is totally included within the new district.

If the computation on the basis of the previously existing districts is greater, a supplementary payment equal to the difference shall be made for the first 4 years of existence of the new district.

(2) For a school district which annexes all of the territory of one or more entire other school districts, for the first year during which the change of boundaries attributable to such annexation becomes effective for all purposes as determined under Section 7-9 or 7A-8, the general State aid and supplemental general State aid calculated under this Section shall be computed for the annexing district as constituted after the annexation and for the annexing and each annexed district as constituted prior to the annexation;

and if the computation on the basis of the annexing and annexed districts as constituted prior to the annexation is greater, a supplementary payment equal to the difference shall be made for the first 4 years of existence of the annexing school district as constituted upon such annexation.

(3) For 2 or more school districts which annex all of SB744 Enrolled -35- LRB093 03065 NHT 03082 b the territory of one or more entire other school districts, and for 2 or more community unit districts which result upon the division (pursuant to petition under Section 11A-2) of one or more other unit school districts into 2 or more parts and which together include all of the parts into which such other unit school district or districts are so divided, for the first year during which the change of boundaries attributable to such annexation or division becomes effective for all purposes as determined under Section 7-9 or 11A-10, as the case may be, the general State aid and supplemental general State aid calculated under this Section shall be computed for each annexing or resulting district as constituted after the annexation or division and for each annexing and annexed district, or for each resulting and divided district, as constituted prior to the annexation or division;

and if the aggregate of the general State aid and supplemental general State aid as so computed for the annexing or resulting districts as constituted after the annexation or division is less than the aggregate of the general State aid and supplemental general State aid as so computed for the annexing and annexed districts, or for the resulting and divided districts, as constituted prior to the annexation or division, then a supplementary payment equal to the difference shall be made and allocated between or among the annexing or resulting districts, as constituted upon such annexation or division, for the first 4 years of their existence.

The total difference payment shall be allocated between or among the annexing or resulting districts in the same ratio as the pupil enrollment from that portion of the annexed or divided district or districts which is annexed to or included in each such annexing or resulting district bears to the total pupil enrollment from the entire annexed or divided district or districts, as such pupil enrollment is determined for the school year last ending prior to the date SB744 Enrolled -36- LRB093 03065 NHT 03082 b when the change of boundaries attributable to the annexation or division becomes effective for all purposes.

The amount of the total difference payment and the amount thereof to be allocated to the annexing or resulting districts shall be computed by the State Board of Education on the basis of pupil enrollment and other data which shall be certified to the State Board of Education, on forms which it shall provide for that purpose, by the regional superintendent of schools for each educational service region in which the annexing and annexed districts, or resulting and divided districts are located.

(3.5) Claims for financial assistance under this subsection (I) shall not be recomputed except as expressly provided under this Section.

(4) Any supplementary payment made under this subsection (I) shall be treated as separate from all other payments made pursuant to this Section.

(J) Supplementary Grants in Aid.

(1) Notwithstanding any other provisions of this Section, the amount of the aggregate general State aid in combination with supplemental general State aid under this Section for which each school district is eligible shall be no less than the amount of the aggregate general State aid entitlement that was received by the district under Section 18-8 (exclusive of amounts received under subsections 5(p) and 5(p-5) of that Section) for the 1997-98 school year, pursuant to the provisions of that Section as it was then in effect.

If a school district qualifies to receive a supplementary payment made under this subsection (J), the amount of the aggregate general State aid in combination with supplemental general State aid under this Section which that district is eligible to receive for each school year shall be no less than the amount of the aggregate general State aid entitlement that was received by the district under Section SB744 Enrolled -37- LRB093 03065 NHT 03082 b 18-8 (exclusive of amounts received under subsections 5(p) and 5(p-5) of that Section) for the 1997-1998 school year, pursuant to the provisions of that Section as it was then in effect.

(2) If, as provided in paragraph (1) of this subsection (J), a school district is to receive aggregate general State aid in combination with supplemental general State aid under this Section for the 1998-99 school year and any subsequent school year that in any such school year is less than the amount of the aggregate general State aid entitlement that the district received for the 1997-98 school year, the school district shall also receive, from a separate appropriation made for purposes of this subsection (J), a supplementary payment that is equal to the amount of the difference in the aggregate State aid figures as described in paragraph (1).

(3) (Blank).

(K) Grants to Laboratory and Alternative Schools.

In calculating the amount to be paid to the governing board of a public university that operates a laboratory school under this Section or to any alternative school that is operated by a regional superintendent of schools, the State Board of Education shall require by rule such reporting requirements as it deems necessary.

As used in this Section, "laboratory school" means a public school which is created and operated by a public university and approved by the State Board of Education.

The governing board of a public university which receives funds from the State Board under this subsection (K) may not increase the number of students enrolled in its laboratory school from a single district, if that district is already sending 50 or more students, except under a mutual agreement between the school board of a student's district of residence and the university which operates the laboratory school.

A laboratory school may not have more than 1,000 students, SB744 Enrolled -38- LRB093 03065 NHT 03082 b excluding students with disabilities in a special education program.

As used in this Section, "alternative school" means a public school which is created and operated by a Regional Superintendent of Schools and approved by the State Board of Education.

Such alternative schools may offer courses of instruction for which credit is given in regular school programs, courses to prepare students for the high school equivalency testing program or vocational and occupational training.

A regional superintendent of schools may contract with a school district or a public community college district to operate an alternative school.

An alternative school serving more than one educational service region may be established by the regional superintendents of schools of the affected educational service regions.

An alternative school serving more than one educational service region may be operated under such terms as the regional superintendents of schools of those educational service regions may agree.

Each laboratory and alternative school shall file, on forms provided by the State Superintendent of Education, an annual State aid claim which states the Average Daily Attendance of the school's students by month.

The best 3 months' Average Daily Attendance shall be computed for each school.

The general State aid entitlement shall be computed by multiplying the applicable Average Daily Attendance by the Foundation Level as determined under this Section.

(L) Payments, Additional Grants in Aid and Other Requirements.

(1) For a school district operating under the financial supervision of an Authority created under Article 34A, the general State aid otherwise payable to that district under this Section, but not the supplemental general State aid, shall be reduced by an amount equal to the budget for the operations of the Authority as certified by the Authority to SB744 Enrolled -39- LRB093 03065 NHT 03082 b the State Board of Education, and an amount equal to such reduction shall be paid to the Authority created for such district for its operating expenses in the manner provided in Section 18-11.

The remainder of general State school aid for any such district shall be paid in accordance with Article 34A when that Article provides for a disposition other than that provided by this Article.

(2) (Blank).

(3) Summer school.

Summer school payments shall be made as provided in Section 18-4.3.

(M) Education Funding Advisory Board.

The Education Funding Advisory Board, hereinafter in this subsection (M) referred to as the "Board", is hereby created.

The Board shall consist of 5 members who are appointed by the Governor, by and with the advice and consent of the Senate.

The members appointed shall include representatives of education, business, and the general public.

One of the members so appointed shall be designated by the Governor at the time the appointment is made as the chairperson of the Board.

The initial members of the Board may be appointed any time after the effective date of this amendatory Act of 1997.

The regular term of each member of the Board shall be for 4 years from the third Monday of January of the year in which the term of the member's appointment is to commence, except that of the 5 initial members appointed to serve on the Board, the member who is appointed as the chairperson shall serve for a term that commences on the date of his or her appointment and expires on the third Monday of January, 2002, and the remaining 4 members, by lots drawn at the first meeting of the Board that is held after all 5 members are appointed, shall determine 2 of their number to serve for terms that commence on the date of their respective appointments and expire on the third Monday of January, 2001, and 2 of their number to serve for terms that commence on the SB744 Enrolled -40- LRB093 03065 NHT 03082 b date of their respective appointments and expire on the third Monday of January, 2000.

All members appointed to serve on the Board shall serve until their respective successors are appointed and confirmed.

Vacancies shall be filled in the same manner as original appointments.

If a vacancy in membership occurs at a time when the Senate is not in session, the Governor shall make a temporary appointment until the next meeting of the Senate, when he or she shall appoint, by and with the advice and consent of the Senate, a person to fill that membership for the unexpired term.

If the Senate is not in session when the initial appointments are made, those appointments shall be made as in the case of vacancies.

The Education Funding Advisory Board shall be deemed established, and the initial members appointed by the Governor to serve as members of the Board shall take office, on the date that the Governor makes his or her appointment of the fifth initial member of the Board, whether those initial members are then serving pursuant to appointment and confirmation or pursuant to temporary appointments that are made by the Governor as in the case of vacancies.

The State Board of Education shall provide such staff assistance to the Education Funding Advisory Board as is reasonably required for the proper performance by the Board of its responsibilities.

For school years after the 2000-2001 school year, the Education Funding Advisory Board, in consultation with the State Board of Education, shall make recommendations as provided in this subsection (M) to the General Assembly for the foundation level under subdivision (B)(3) of this Section and for the supplemental general State aid grant level under subsection (H) of this Section for districts with high concentrations of children from poverty.

The recommended foundation level shall be determined based on a methodology SB744 Enrolled -41- LRB093 03065 NHT 03082 b which incorporates the basic education expenditures of low-spending schools exhibiting high academic performance.

The Education Funding Advisory Board shall make such recommendations to the General Assembly on January 1 of odd numbered years, beginning January 1, 2001.

(N) (Blank).

(O) References.

(1) References in other laws to the various subdivisions of Section 18-8 as that Section existed before its repeal and replacement by this Section 18-8.05 shall be deemed to refer to the corresponding provisions of this Section 18-8.05, to the extent that those references remain applicable.

(2) References in other laws to State Chapter 1 funds shall be deemed to refer to the supplemental general State aid provided under subsection (H) of this Section.

(Source:

P.A.

91-24, eff.

7-1-99;

91-93, eff.

7-9-99;

91-96, eff.

7-9-99;

91-111, eff.

7-14-99;

91-357, eff.

7-29-99;

91-533, eff.

8-13-99;

92-7, eff.

6-29-01;

92-16, eff.

6-28-01;

92-28, eff.

7-1-01;

92-29, eff.

7-1-01;

92-269, eff.

8-7-01;

92-604, eff.

7-1-02;

92-636, eff.

7-11-02;

92-651, eff.

7-11-02;

revised 7-26-02.) (105 ILCS 5/27A-11.5) Sec.

27A-11.5.

State financing.

The State Board of Education shall make the following funds available to school districts and charter schools:

(1) From a separate appropriation made to the State Board for purposes of this subdivision (1), the State Board shall make transition impact aid available to school districts that approve a new charter school or that have funds withheld by the State Board to fund a new charter school that is chartered by the State Board.

The amount of the aid shall equal 90% of the per capita SB744 Enrolled -42- LRB093 03065 NHT 03082 b funding paid to the charter school during the first year of its initial charter term, 65% of the per capita funding paid to the charter school during the second year of its initial term, and 35% of the per capita funding paid to the charter school during the third year of its initial term.

This transition impact aid shall be paid to the local school board in equal quarterly installments, with the payment of the installment for the first quarter being made by August 1st immediately preceding the first, second, and third years of the initial term.

The district shall file an application for this aid with the State Board in a format designated by the State Board.

If the appropriation is insufficient in any year to pay all approved claims, the impact aid shall be prorated.

H_________f______________________,_____________ _o_____________________s______________________a_____________ _h______________________v_____________________e_____________ _u_____________________u______________________e_____________ _e_____________________t______________________n_____________ _t_____________________o_____________________ Transition impact aid shall be paid beginning in the 1999-2000 school year for charter schools that are in the first, second, or third year of their initial term.

Transition impact aid shall not be paid for any charter school that is proposed and created by one or more boards of education, as authorized under the provisions of Public Act 91-405.

(2) From a separate appropriation made for the purpose of this subdivision (2), the State Board shall make grants to charter schools to pay their start-up costs of acquiring educational materials and supplies, textbooks, furniture, and other equipment needed during their initial term.

The State Board shall annually establish the time and manner of application for these SB744 Enrolled -43- LRB093 03065 NHT 03082 b grants, which shall not exceed $250 per student enrolled in the charter school.

(3) The Charter Schools Revolving Loan Fund is created as a special fund in the State treasury.

Federal funds, such other funds as may be made available for costs associated with the establishment of charter schools in Illinois, and amounts repaid by charter schools that have received a loan from the Charter Schools Revolving Loan Fund shall be deposited into the Charter Schools Revolving Loan Fund, and the moneys in the Charter Schools Revolving Loan Fund shall be appropriated to the State Board and used to provide interest-free loans to charter schools.

These funds shall be used to pay start-up costs of acquiring educational materials and supplies, textbooks, furniture, and other equipment needed in the initial term of the charter school and for acquiring and remodeling a suitable physical plant, within the initial term of the charter school.

Loans shall be limited to one loan per charter school and shall not exceed $250 per student enrolled in the charter school.

A loan shall be repaid by the end of the initial term of the charter school.

The State Board may deduct amounts necessary to repay the loan from funds due to the charter school or may require that the local school board that authorized the charter school deduct such amounts from funds due the charter school and remit these amounts to the State Board, provided that the local school board shall not be responsible for repayment of the loan.

The State Board may use up to 3% of the appropriation to contract with a non-profit entity to administer the loan program.

(4) A charter school may apply for and receive, subject to the same restrictions applicable to school districts, any grant administered by the State Board that SB744 Enrolled -44- LRB093 03065 NHT 03082 b is available for school districts.

(Source:

P.A.

91-407, eff.

8-3-99;

92-16, eff.

6-28-01.) (105 ILCS 5/Art.

14A rep.) Section 5-10.

The School Code is amended by repealing Article 14A.

Article 10 Section 10-5.

The School Code is amended by changing Section 10-22.20 as follows:

(105 ILCS 5/10-22.20) (from Ch.

122, par.

10-22.20) Sec.

10-22.20.

Classes for adults and youths whose schooling has been interrupted;

conditions for State reimbursement;

use of child care facilities.

(a) To establish special classes for the instruction (1) of persons of age 21 years or over, and (2) of persons less than age 21 and not otherwise in attendance in public school, for the purpose of providing adults in the community, and youths whose schooling has been interrupted, with such additional basic education, vocational skill training, and other instruction as may be necessary to increase their qualifications for employment or other means of self-support and their ability to meet their responsibilities as citizens including courses of instruction regularly accepted for graduation from elementary or high schools and for Americanization and General Educational Development Review classes.

The board shall pay the necessary expenses of such classes out of school funds of the district, including costs of student transportation and such facilities or provision for child-care as may be necessary in the judgment of the board to permit maximum utilization of the courses by SB744 Enrolled -45- LRB093 03065 NHT 03082 b students with children, and other special needs of the students directly related to such instruction.

The expenses thus incurred shall be subject to State reimbursement, as provided in this Section.

The board may make a tuition charge for persons taking instruction who are not subject to State reimbursement, such tuition charge not to exceed the per capita cost of such classes.

The cost of such instruction, including the additional expenses herein authorized, incurred for recipients of financial aid under the Illinois Public Aid Code, or for persons for whom education and training aid has been authorized under Section 9-8 of that Code, shall be assumed in its entirety from funds appropriated by the State to the Illinois Community College Board.

(b) The Illinois Community College Board shall establish the standards for the courses of instruction reimbursed under this Section.

The Illinois Community College Board shall supervise the administration of the programs.

The Illinois Community College Board shall determine the cost of instruction in accordance with standards established by the the Illinois Community College Board, including therein other incidental costs as herein authorized, which shall serve as the basis of State reimbursement in accordance with the provisions of this Section.

In the approval of programs and the determination of the cost of instruction, the Illinois Community College Board shall provide for the maximum utilization of federal funds for such programs.

The Illinois Community College Board shall also provide for:

(1) the development of an index of need for program planning and for area funding allocations, as defined by the Illinois Community College Board;

(2) the method for calculating hours of instruction, as defined by the Illinois Community College Board, claimable for reimbursement and a method to phase SB744 Enrolled -46- LRB093 03065 NHT 03082 b in the calculation and for adjusting the calculations in cases where the services of a program are interrupted due to circumstances beyond the control of the program provider;

(3) a plan for the reallocation of funds to increase the amount allocated for grants based upon program performance as set forth in subsection (d) below;

and (4) the development of standards for determining grants based upon performance as set forth in subsection (d) below and a plan for the phased-in implementation of those standards.

For instruction provided by school districts and community college districts beginning July 1, 1996 and thereafter, reimbursement provided by the Illinois Community College Board for classes authorized by this Section shall be provided from funds appropriated for the reimbursement criteria set forth in subsection (c) below.

(c) Upon the annual approval of the Illinois Community College Board, reimbursement shall be first provided for transportation, child care services, and other special needs of the students directly related to instruction and then from the funds remaining an amount equal to the product of the total credit hours or units of instruction approved by the Illinois Community College Board, multiplied by the following:

(1) For adult basic education, the maximum reimbursement per credit hour or per unit of instruction shall be equal to the general state aid per pupil foundation level established in subsection (B) of Section 18-8.05, divided by 60;

(2) The maximum reimbursement per credit hour or per unit of instruction in subparagraph (1) above shall be weighted for students enrolled in classes defined as SB744 Enrolled -47- LRB093 03065 NHT 03082 b vocational skills and approved by the Illinois Community College Board by 1.25;

(3) The maximum reimbursement per credit hour or per unit of instruction in subparagraph (1) above shall be multiplied by .90 for students enrolled in classes defined as adult secondary education programs and approved by the Illinois Community College Board;

(4) _______ -----c--------------------d------------- -a---------------------p----------------------s------------- -1---------------------a-----------------------b------------ -a---------------------S----------------------n------------- -e---------------------i----------------------p------------- -e----------------------P---------------------e------------- -r---------------------p--------------;

and (5) ------------e-----------------------f------------ -a---------------------g----------------------a------------- -o---------------------d----------------------t------------- -f---------------------b----------------------n------------- -r---------------------i-----------------------8------------ -o---------------------1-----------------------f------------ -u---------------------e----------------------9------------- -u----------------------9---------------------5------------- -u---------------------9----------------------9------------- -u----------------------9---------------------9------------- -u----------------------2---------------------o------------- -h----------------------t---------------------a------------- -t---------------------e----------------------a------------- -a---------------------d---------------------- Funding for program years after 1999-2000 shall be determined by the Illinois Community College Board.

(d) Upon its annual approval,- the Illinois Community College Board shall provide grants to eligible programs for supplemental activities to improve or expand services under the Adult Education Act.

Eligible programs shall be SB744 Enrolled -48- LRB093 03065 NHT 03082 b determined based upon performance outcomes of students in the programs as set by the Illinois Community College Board.

(e) Reimbursement under this Section shall not exceed the actual costs of the approved program.

If the amount appropriated to the Illinois Community College Board for reimbursement under this Section is less than the amount required under this Act, the apportionment shall be proportionately reduced.

School districts and community college districts may assess students up to $3.00 per credit hour, for classes other than Adult Basic Education level programs, if needed to meet program costs.

(f) An education plan shall be established for each adult or youth whose schooling has been interrupted and who is participating in the instructional programs provided under this Section.

Each school board and community college shall keep an accurate and detailed account of the students assigned to and receiving instruction under this Section who are subject to State reimbursement and shall submit reports of services provided commencing with fiscal year 1997 as required by the Illinois Community College Board.

For classes authorized under this Section, a credit hour or unit of instruction is equal to 15 hours of direct instruction for students enrolled in approved adult education programs at midterm and making satisfactory progress, in accordance with standards established by the Illinois Community College Board.

(g) Upon proof submitted to the Illinois Department of Human Services of the payment of all claims submitted under this Section, that Department shall apply for federal funds made available therefor and any federal funds so received shall be paid into the General Revenue Fund in the State Treasury.

SB744 Enrolled -49- LRB093 03065 NHT 03082 b School districts or community colleges providing classes under this Section shall submit applications to the Illinois Community College Board for preapproval in accordance with the standards established by the Illinois Community College Board.

Payments shall be made by the Illinois Community College Board based upon approved programs.

Interim expenditure reports may be required by the Illinois Community College Board.

Final claims for the school year shall be submitted to the regional superintendents for transmittal to the Illinois Community College Board.

Final adjusted payments shall be made by September 30.

If a school district or community college district fails to provide, or is providing unsatisfactory or insufficient classes under this Section, the Illinois Community College Board may enter into agreements with public or private educational or other agencies other than the public schools for the establishment of such classes.

(h) If a school district or community college district establishes child-care facilities for the children of participants in classes established under this Section, it may extend the use of these facilities to students who have obtained employment and to other persons in the community whose children require care and supervision while the parent or other person in charge of the children is employed or otherwise absent from the home during all or part of the day.

It may make the facilities available before and after as well as during regular school hours to school age and preschool age children who may benefit thereby, including children who require care and supervision pending the return of their parent or other person in charge of their care from employment or other activity requiring absence from the home.

The Illinois Community College Board shall pay to the board the cost of care in the facilities for any child who is a recipient of financial aid under the Illinois Public Aid SB744 Enrolled -50- LRB093 03065 NHT 03082 b Code.

The board may charge for care of children for whom it cannot make claim under the provisions of this Section.

The charge shall not exceed per capita cost, and to the extent feasible, shall be fixed at a level which will permit utilization by employed parents of low or moderate income.

It may also permit any other State or local governmental agency or private agency providing care for children to purchase care.

After July 1, 1970 when the provisions of Section 10-20.20 become operative in the district, children in a child-care facility shall be transferred to the kindergarten established under that Section for such portion of the day as may be required for the kindergarten program, and only the prorated costs of care and training provided in the Center for the remaining period shall be charged to the Illinois Department of Human Services or other persons or agencies paying for such care.

(i) The provisions of this Section shall also apply to school districts having a population exceeding 500,000.

(j) In addition to claiming reimbursement under this Section, a school district may claim general State aid under Section 18-8.05 for any student under age 21 who is enrolled in courses accepted for graduation from elementary or high school and who otherwise meets the requirements of Section 18-8.05.

(Source:

P.A.

90-14, eff.

7-1-97;

90-548, eff.

1-1-98;

90-802, eff.

12-15-98;

91-830, eff.

7-1-01;

revised 2-17-03.) Section 10-10.

The Adult Education Act is amended by changing Section 3-1 as follows:

(105 ILCS 405/3-1) (from Ch.

122, par.

203-1) Sec.

3-1.

Apportionment for Adult Education Courses.

Any SB744 Enrolled -51- LRB093 03065 NHT 03082 b school district --------i----------------------g------------- maintaining adult education classes for the instruction of persons over 21 years of age and youths under 21 years of age whose schooling has been interrupted shall be entitled to claim an apportionment in accordance with the provisions of Section 10-22.20 of the School Code and Section 2-4 of this Act.

_____________________c_____________________t_____________ _____t______________________i_____________________o_____________ ______o____________________d______________________o_____________ ______b_____________________s_____________________t_____________ _____t_____________________e________________________o___________ _____0_____________________u__________________ Reimbursement as herein provided shall be limited to courses regularly accepted for graduation from elementary or high schools and for Americanization and General Educational Development Review classes which are approved by the Board.

If the amount appropriated for this purpose is less than the amount required under the provisions of this Section, the apportionment for local districts shall be proportionately reduced.

(Source:

P.A.

91-830, eff.

7-1-00.) Section 10-15.

The Public Community College Act is amended by changing Section 2-16.02 and adding Section 2-20 as follows:

(110 ILCS 805/2-16.02) (from Ch.

122, par.

102-16.02) Sec.

2-16.02.

Grants.

Any community college district that maintains a community college recognized by the State Board shall receive, when eligible, grants enumerated in this Section.

Funded semester credit hours or other measures or both as specified by the State Board shall be used to distribute grants to community colleges.

Funded semester credit hours shall be defined, for purposes of this Section, SB744 Enrolled -52- LRB093 03065 NHT 03082 b as the greater of (1) the number of semester credit hours, or equivalent, in all funded instructional categories of students who have been certified as being in attendance at midterm during the respective terms of the base fiscal year or (2) the average of semester credit hours, or equivalent, in all funded instructional categories of students who have been certified as being in attendance at midterm during the respective terms of the base fiscal year and the 2 prior fiscal years.

For purposes of this Section, "base fiscal year" means the fiscal year 2 years prior to the fiscal year for which the grants are appropriated.

Such students shall have been residents of Illinois and shall have been enrolled in courses that are part of instructional program categories approved by the State Board and that are applicable toward an associate degree or certificate.

C _______________a_____________ _____r_____________________h_______________________t____________ _____5______________________p______________________u____________ _____u_____________________h______________________e_____________ _____a_____________________n_______________________c____________ _____t_____________________o______________________"_____________ _____u_____________________h_______________________t____________ _____e_______________________f____________________n_____________ _____i______________________t_____________________o_____________ -----e---------------------o-----------------------t------------ -----v---------------------f----------------------e------------- -----g---------------------o----------------------p------------- -----t---------------------s----------------------c------------- -----t---------------------i----------------------u------- Base operating grants shall be paid based on rates per funded semester credit hour or equivalent calculated by the State Board for funded instructional categories using cost of instruction, enrollment, inflation, and other relevant factors.

A portion of the base operating grant shall be allocated on the basis of non-residential gross square SB744 Enrolled -53- LRB093 03065 NHT 03082 b footage of space maintained by the district.

Equalization grants shall be calculated by the State Board by determining a local revenue factor for each district by:

(A) adding (1) each district's Corporate Personal Property Replacement Fund allocations from the base fiscal year or the average of the base fiscal year and prior year, whichever is less, divided by the applicable statewide average tax rate to (2) the district's most recently audited year's equalized assessed valuation or the average of the most recently audited year and prior year, whichever is less, (B) then dividing by the district's audited full-time equivalent resident students for the base fiscal year or the average for the base fiscal year and the 2 prior fiscal years, whichever is greater, and (C) then multiplying by the applicable statewide average tax rate.

The State Board shall calculate a statewide weighted average threshold by applying the same methodology to the totals of all districts' Corporate Personal Property Tax Replacement Fund allocations, equalized assessed valuations, and audited full-time equivalent district resident students and multiplying by the applicable statewide average tax rate.

The difference between the statewide weighted average threshold and the local revenue factor, multiplied by the number of full-time equivalent resident students, shall determine the amount of equalization funding that each district is eligible to receive.

A percentage factor, as determined by the State Board, may be applied to the statewide threshold as a method for allocating equalization funding.

A minimum equalization grant of an amount per district as determined by the State Board shall be established for any community college district which qualifies for an equalization grant based upon the preceding criteria, but becomes ineligible for equalization funding, or would have received a grant of less than the minimum equalization grant, due to threshold prorations SB744 Enrolled -54- LRB093 03065 NHT 03082 b applied to reduce equalization funding.

A ________l_____________ _____n______________________m_____________________m_____________ _____n_____________________t______________________f_____________ _____t_____________________a______________________S_____________ _____n_____________________r________________________B___________ _____i_____________________f______________________u_____________ _____i_____________________i______________________i_____________ _______t____________________i_____________________d_____________ _____f_____________________u______________________u_____________ _____r_____________________s______________________o_____________ _____a_____________________p______________________m_____________ ------J--------------------i----------------------m------------- -----i---------------------t----------------------p------------- -----t---------------------e----------------------r------------- -----l---------------------,----------------------0------------- -----e---------------------q----------------------u------------- -----n---------------------u----------------------d------------- -----t---------------------l----------------------m------------- -----r---------------------c-----------------------q------------ -----i---------------- The State Board shall distribute such other grants as may be authorized or appropriated by the General Assembly.

Each community college district entitled to State grants under this Section must submit a report of its enrollment to the State Board not later than 30 days following the end of each semester, quarter, or term in a format prescribed by the State Board.

These semester credit hours, or equivalent, shall be certified by each district on forms provided by the State Board.

Each district's certified semester credit hours, or equivalent, are subject to audit pursuant to Section 3-22.1.

The State Board shall certify, prepare, and submit to the State Comptroller during August, November, February, and May of each fiscal year vouchers setting forth an amount equal to SB744 Enrolled -55- LRB093 03065 NHT 03082 b 25% of the grants approved by the State Board for base operating grants and equalization grants.

The State Board shall prepare and submit to the State Comptroller vouchers for payments of other grants as appropriated by the General Assembly.