|
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4272 Introduced 8/12/2015, by Rep. Christian L. Mitchell - Cynthia Soto - Arthur Turner - Elizabeth Hernandez - Kelly M. Cassidy, et al. SYNOPSIS AS INTRODUCED:
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| New Act | | 40 ILCS 5/1-103.3 | | 40 ILCS 5/16-158 | from Ch. 108 1/2, par. 16-158 | 105 ILCS 5/2-3.28 | from Ch. 122, par. 2-3.28 | 105 ILCS 5/2-3.84a new | | 105 ILCS 5/18-8.05 | | 30 ILCS 805/8.39 new | |
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Creates the Fund Education First Act. Beginning with fiscal year 2017, requires the General
Assembly
to appropriate for the general State aid formula under the School Code an amount that is equal to or
exceeds the sum of: (i) the total amount appropriated for the general State aid formula
during the fiscal year immediately
preceding the fiscal year for which the appropriation is being made; and
(ii) 55% of total new general
funds available for spending
from estimated growth in revenues and funds available because of
budgeted program growth and decline
in the fiscal year for which the
appropriation is being made; but in no event shall the sum be less than a certain percentage required under the Act. Requires a continuing
appropriation if the General Assembly fails to make sufficient appropriations to fund the general State aid formula. Amends the Illinois Pension Code. In the Downstate Teacher Article, changes the funding goal to 100% and shifts certain costs accruing after July 1, 2016 to local employers. Amends the School
Code to make changes concerning a system for
accounting for revenues and expenditures and general State aid. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | PENSION IMPACT NOTE ACT MAY APPLY | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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| 1 | | AN ACT concerning education.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 1. Short title. This Act may be cited as the Fund |
| 5 | | Education First Act.
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| 6 | | Section 5. Educational appropriations. Beginning with |
| 7 | | fiscal year 2017 and
in
each fiscal year
thereafter, subject to |
| 8 | | the provisions of Section 10 of this Act, the General
Assembly
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| 9 | | shall appropriate for the general State aid formula set forth |
| 10 | | in subsection (E) of
Section 18-8.05 of the School Code an |
| 11 | | amount that is equal to or
exceeds the sum of: (i) the total |
| 12 | | amount appropriated for the general State aid formula set forth |
| 13 | | in subsection (E) of
Section 18-8.05 of the School Code
during |
| 14 | | the fiscal year immediately
preceding the fiscal year for which |
| 15 | | the appropriation is being made; and
(ii) 55% of total new |
| 16 | | general
funds available for spending
from estimated growth in |
| 17 | | revenues and funds available because of
budgeted program growth |
| 18 | | and decline
in the fiscal year for which the
appropriation is |
| 19 | | being made; but in no event shall the sum be less than the |
| 20 | | percentage required under Section 10 of this Act. The |
| 21 | | Commission on Government Forecasting and Accountability shall |
| 22 | | certify
the amount of total new general funds available for |
| 23 | | spending.
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| 1 | | Section 10. State and federal funding. State funding for |
| 2 | | the general State aid formula set forth in subsection (E) of
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| 3 | | Section 18-8.05 of the School Code shall be
appropriated |
| 4 | | pursuant to Section 5 of this Act so that the sum of
State
and |
| 5 | | federal spending
represents no less than 51% of the total |
| 6 | | revenues available from local, State, and
federal sources for |
| 7 | | elementary and secondary education programs for the
current |
| 8 | | fiscal year, as estimated by the State Superintendent of |
| 9 | | Education.
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| 10 | | Section 15. Continuing appropriation. If the General
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| 11 | | Assembly fails to make appropriations to
the State Board of |
| 12 | | Education in fiscal year 2017 or in any fiscal
year thereafter |
| 13 | | sufficient to fund the general State aid formula set
forth in |
| 14 | | subsection (E) of
Section 18-8.05 of the School Code, this Act |
| 15 | | shall
constitute a continuing appropriation of all amounts |
| 16 | | necessary for that
purpose.
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| 17 | | Section 20. Governor's budget. Beginning with fiscal year |
| 18 | | 2017 and in each
fiscal year
thereafter, the Governor shall |
| 19 | | include in his or her annual budget an allocation
for |
| 20 | | elementary and secondary education that conforms
to the |
| 21 | | provisions of this Act.
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| 22 | | Section 80. The Illinois Pension Code is amended by |
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| 1 | | changing Sections 1-103.3 and 16-158 as follows:
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| 2 | | (40 ILCS 5/1-103.3)
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| 3 | | Sec. 1-103.3. Application of 1994 amendment; funding |
| 4 | | standard; certification of State contributions paid and |
| 5 | | proportionate share.
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| 6 | | (a) The provisions of Public Act 88-593 this amendatory Act |
| 7 | | of 1994 that change the method of
calculating, certifying, and |
| 8 | | paying the required State contributions to the
retirement |
| 9 | | systems established under Articles 2, 14, 15, 16, and 18 shall
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| 10 | | first apply to the State contributions required for State |
| 11 | | fiscal year 1996.
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| 12 | | (b) (Blank) The General Assembly declares that a funding |
| 13 | | ratio (the ratio of a
retirement system's total assets to its |
| 14 | | total actuarial liabilities) of 90% is
an appropriate goal for |
| 15 | | State-funded retirement systems in Illinois, and it
finds that |
| 16 | | a funding ratio of 90% is now the generally-recognized norm
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| 17 | | throughout the nation for public employee retirement systems |
| 18 | | that are
considered to be financially secure and funded in an |
| 19 | | appropriate and
responsible manner.
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| 20 | | (c) Every 5 years, beginning in 1999, the Commission on |
| 21 | | Government Forecasting and Accountability, in consultation |
| 22 | | with the affected retirement systems and the
Governor's Office |
| 23 | | of Management and Budget (formerly
Bureau
of the Budget), shall |
| 24 | | consider and determine whether the funding goals 90% funding |
| 25 | | ratio
adopted in Articles 2, 14, 15, 16, and 18 of this Code |
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| 1 | | continue subsection (b) continues to represent an appropriate |
| 2 | | funding goals goal for
those State-funded retirement systems in |
| 3 | | Illinois, and it shall report its findings
and recommendations |
| 4 | | on this subject to the Governor and the General Assembly.
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| 5 | | (Source: P.A. 93-1067, eff. 1-15-05.)
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| 6 | | (40 ILCS 5/16-158)
(from Ch. 108 1/2, par. 16-158)
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| 7 | | (Text of Section WITHOUT the changes made by P.A. 98-599, |
| 8 | | which has been held unconstitutional)
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| 9 | | Sec. 16-158. Contributions by State and other employing |
| 10 | | units.
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| 11 | | (a) The State shall make contributions to the System by |
| 12 | | means of
appropriations from the Common School Fund and other |
| 13 | | State funds of amounts
which, together with other employer |
| 14 | | contributions, employee contributions,
investment income, and |
| 15 | | other income, will be sufficient to meet the cost of
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| 16 | | maintaining and administering the System on a 100% 90% funded |
| 17 | | basis in accordance
with actuarial recommendations by the end |
| 18 | | of State fiscal year 2066.
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| 19 | | Beginning with State fiscal year 2017, the State's required |
| 20 | | contributions to the System under subsection (b-3) shall be |
| 21 | | limited to the amounts required to amortize the total cost of |
| 22 | | the benefits of the System arising before July 1, 2016. The |
| 23 | | State shall also pay any employer contributions required from |
| 24 | | the State as the actual employer of participants under this |
| 25 | | Article. |
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| 1 | | The Board shall determine the amount of State and employer |
| 2 | | contributions required for
each fiscal year on the basis of the |
| 3 | | actuarial tables and other assumptions
adopted by the Board and |
| 4 | | the recommendations of the actuary, using the formulas provided |
| 5 | | in this Section formula
in subsection (b-3).
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| 6 | | (a-1) Annually, on or before November 15 through until |
| 7 | | November 15, 2011, the Board shall certify to the
Governor the |
| 8 | | amount of the required State contribution for the coming fiscal
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| 9 | | year. The certification under this subsection (a-1) shall |
| 10 | | include a copy of the actuarial recommendations
upon which it |
| 11 | | is based and shall specifically identify the System's projected |
| 12 | | State normal cost for that fiscal year.
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| 13 | | On or before May 1, 2004, the Board shall recalculate and |
| 14 | | recertify to
the Governor the amount of the required State |
| 15 | | contribution to the System for
State fiscal year 2005, taking |
| 16 | | into account the amounts appropriated to and
received by the |
| 17 | | System under subsection (d) of Section 7.2 of the General
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| 18 | | Obligation Bond Act.
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| 19 | | On or before July 1, 2005, the Board shall recalculate and |
| 20 | | recertify
to the Governor the amount of the required State
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| 21 | | contribution to the System for State fiscal year 2006, taking |
| 22 | | into account the changes in required State contributions made |
| 23 | | by this amendatory Act of the 94th General Assembly.
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| 24 | | On or before April 1, 2011, the Board shall recalculate and |
| 25 | | recertify to the Governor the amount of the required State |
| 26 | | contribution to the System for State fiscal year 2011, applying |
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| 1 | | the changes made by Public Act 96-889 to the System's assets |
| 2 | | and liabilities as of June 30, 2009 as though Public Act 96-889 |
| 3 | | was approved on that date. |
| 4 | | On or before July 1, 2016, the Board shall, if necessary, |
| 5 | | recalculate and recertify
to the Governor the amount of the |
| 6 | | required State
contribution to the System for State fiscal year |
| 7 | | 2017, taking into account the changes in required State |
| 8 | | contributions made by this amendatory Act of the 99th General |
| 9 | | Assembly. |
| 10 | | (a-5) On or before November 1 of each year, beginning |
| 11 | | November 1, 2012, the Board shall submit to the State Actuary, |
| 12 | | the Governor, and the General Assembly a proposed certification |
| 13 | | of the amount of the required State contribution to the System |
| 14 | | for the next fiscal year, along with all of the actuarial |
| 15 | | assumptions, calculations, and data upon which that proposed |
| 16 | | certification is based. On or before January 1 of each year, |
| 17 | | beginning January 1, 2013, the State Actuary shall issue a |
| 18 | | preliminary report concerning the proposed certification and |
| 19 | | identifying, if necessary, recommended changes in actuarial |
| 20 | | assumptions that the Board must consider before finalizing its |
| 21 | | certification of the required State contributions. On or before |
| 22 | | January 15, 2013 and each January 15 thereafter, the Board |
| 23 | | shall certify to the Governor and the General Assembly the |
| 24 | | amount of the required State contribution for the next fiscal |
| 25 | | year. The certification shall include a copy of the actuarial
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| 26 | | recommendations upon which it is based and shall specifically |
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| 1 | | identify the System's projected State normal cost for that |
| 2 | | fiscal year. The Board's certification must note any deviations |
| 3 | | from the State Actuary's recommended changes, the reason or |
| 4 | | reasons for not following the State Actuary's recommended |
| 5 | | changes, and the fiscal impact of not following the State |
| 6 | | Actuary's recommended changes on the required State |
| 7 | | contribution. |
| 8 | | (a-10) Before July 1, 2016 and on or before each January 15 |
| 9 | | thereafter, the Board shall certify to the State Board of |
| 10 | | Education and the State Comptroller the predicted amount to be |
| 11 | | saved by the State in the next State fiscal year by the |
| 12 | | shifting of costs from the State to the actual employers under |
| 13 | | this amendatory Act of the 99th General Assembly. |
| 14 | | (b) Through State fiscal year 1995, the State contributions |
| 15 | | shall be
paid to the System in accordance with Section 18-7 of |
| 16 | | the School Code.
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| 17 | | (b-1) Beginning in State fiscal year 1996, on the 15th day |
| 18 | | of each month,
or as soon thereafter as may be practicable, the |
| 19 | | Board shall submit vouchers
for payment of State contributions |
| 20 | | to the System, in a total monthly amount of
one-twelfth of the |
| 21 | | required annual State contribution certified under
subsection |
| 22 | | (a-1).
From the
effective date of this amendatory Act of the |
| 23 | | 93rd General Assembly
through June 30, 2004, the Board shall |
| 24 | | not submit vouchers for the
remainder of fiscal year 2004 in |
| 25 | | excess of the fiscal year 2004
certified contribution amount |
| 26 | | determined under this Section
after taking into consideration |
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| 1 | | the transfer to the System
under subsection (a) of Section |
| 2 | | 6z-61 of the State Finance Act.
These vouchers shall be paid by |
| 3 | | the State Comptroller and
Treasurer by warrants drawn on the |
| 4 | | funds appropriated to the System for that
fiscal year.
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| 5 | | If in any month the amount remaining unexpended from all |
| 6 | | other appropriations
to the System for the applicable fiscal |
| 7 | | year (including the appropriations to
the System under Section |
| 8 | | 8.12 of the State Finance Act and Section 1 of the
State |
| 9 | | Pension Funds Continuing Appropriation Act) is less than the |
| 10 | | amount
lawfully vouchered under this subsection, the |
| 11 | | difference shall be paid from the
Common School Fund under the |
| 12 | | continuing appropriation authority provided in
Section 1.1 of |
| 13 | | the State Pension Funds Continuing Appropriation Act.
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| 14 | | (b-2) Allocations from the Common School Fund apportioned |
| 15 | | to school
districts not coming under this System shall not be |
| 16 | | diminished or affected by
the provisions of this Article.
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| 17 | | (b-3) For State fiscal years 2017 through 2066, the minimum |
| 18 | | contribution to the System to be made by the State under this |
| 19 | | subsection (b-3) for each fiscal year shall be an amount |
| 20 | | determined by the Board to be sufficient to amortize the |
| 21 | | unfunded accrued liability that is attributable to benefits |
| 22 | | that accrued before July 1, 2016 as a level percentage of |
| 23 | | payroll over the years remaining to and including fiscal year |
| 24 | | 2066, determined under the projected unit credit actuarial cost |
| 25 | | method. |
| 26 | | For State fiscal year 2066 and thereafter, the minimum |
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| 1 | | contribution to the System to be made by the State under this |
| 2 | | subsection (b-3) for each fiscal year shall be an amount |
| 3 | | determined by the Board to be sufficient to amortize, over a |
| 4 | | 30-year rolling amortization period, any unfunded liability |
| 5 | | arising on or after July 1, 2065 that is attributable to |
| 6 | | benefits that accrued before July 1, 2016. |
| 7 | | For State fiscal years 2012 through 2016 2045, the minimum |
| 8 | | contribution
to the System to be made by the State for each |
| 9 | | fiscal year shall be an amount
determined by the System to be |
| 10 | | sufficient to bring the total assets of the
System up to 90% of |
| 11 | | the total actuarial liabilities of the System by the end of
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| 12 | | State fiscal year 2045. In making these determinations, the |
| 13 | | required State
contribution shall be calculated each year as a |
| 14 | | level percentage of payroll
over the years remaining to and |
| 15 | | including fiscal year 2045 and shall be
determined under the |
| 16 | | projected unit credit actuarial cost method.
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| 17 | | For State fiscal years 1996 through 2005, the State |
| 18 | | contribution to the
System, as a percentage of the applicable |
| 19 | | employee payroll, shall be increased
in equal annual increments |
| 20 | | so that by State fiscal year 2011, the State is
contributing at |
| 21 | | the rate required under this Section; except that in the
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| 22 | | following specified State fiscal years, the State contribution |
| 23 | | to the System
shall not be less than the following indicated |
| 24 | | percentages of the applicable
employee payroll, even if the |
| 25 | | indicated percentage will produce a State
contribution in |
| 26 | | excess of the amount otherwise required under this subsection
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| 1 | | and subsection (a), and notwithstanding any contrary |
| 2 | | certification made under
subsection (a-1) before the effective |
| 3 | | date of this amendatory Act of 1998:
10.02% in FY 1999;
10.77% |
| 4 | | in FY 2000;
11.47% in FY 2001;
12.16% in FY 2002;
12.86% in FY |
| 5 | | 2003; and
13.56% in FY 2004.
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| 6 | | Notwithstanding any other provision of this Article, the |
| 7 | | total required State
contribution for State fiscal year 2006 is |
| 8 | | $534,627,700.
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| 9 | | Notwithstanding any other provision of this Article, the |
| 10 | | total required State
contribution for State fiscal year 2007 is |
| 11 | | $738,014,500.
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| 12 | | For each of State fiscal years 2008 through 2009, the State |
| 13 | | contribution to
the System, as a percentage of the applicable |
| 14 | | employee payroll, shall be
increased in equal annual increments |
| 15 | | from the required State contribution for State fiscal year |
| 16 | | 2007, so that by State fiscal year 2011, the
State is |
| 17 | | contributing at the rate otherwise required under this Section.
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| 18 | | Notwithstanding any other provision of this Article, the |
| 19 | | total required State contribution for State fiscal year 2010 is |
| 20 | | $2,089,268,000 and shall be made from the proceeds of bonds |
| 21 | | sold in fiscal year 2010 pursuant to Section 7.2 of the General |
| 22 | | Obligation Bond Act, less (i) the pro rata share of bond sale |
| 23 | | expenses determined by the System's share of total bond |
| 24 | | proceeds, (ii) any amounts received from the Common School Fund |
| 25 | | in fiscal year 2010, and (iii) any reduction in bond proceeds |
| 26 | | due to the issuance of discounted bonds, if applicable. |
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| 1 | | Notwithstanding any other provision of this Article, the
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| 2 | | total required State contribution for State fiscal year 2011 is
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| 3 | | the amount recertified by the System on or before April 1, 2011 |
| 4 | | pursuant to subsection (a-1) of this Section and shall be made |
| 5 | | from the proceeds of bonds
sold in fiscal year 2011 pursuant to |
| 6 | | Section 7.2 of the General
Obligation Bond Act, less (i) the |
| 7 | | pro rata share of bond sale
expenses determined by the System's |
| 8 | | share of total bond
proceeds, (ii) any amounts received from |
| 9 | | the Common School Fund
in fiscal year 2011, and (iii) any |
| 10 | | reduction in bond proceeds
due to the issuance of discounted |
| 11 | | bonds, if applicable. This amount shall include, in addition to |
| 12 | | the amount certified by the System, an amount necessary to meet |
| 13 | | employer contributions required by the State as an employer |
| 14 | | under paragraph (e) of this Section, which may also be used by |
| 15 | | the System for contributions required by paragraph (a) of |
| 16 | | Section 16-127. |
| 17 | | Beginning in State fiscal year 2046, the minimum State |
| 18 | | contribution for
each fiscal year shall be the amount needed to |
| 19 | | maintain the total assets of
the System at 90% of the total |
| 20 | | actuarial liabilities of the System.
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| 21 | | Amounts received by the System pursuant to Section 25 of |
| 22 | | the Budget Stabilization Act or Section 8.12 of the State |
| 23 | | Finance Act in any fiscal year do not reduce and do not |
| 24 | | constitute payment of any portion of the minimum State |
| 25 | | contribution required under this Article in that fiscal year. |
| 26 | | Such amounts shall not reduce, and shall not be included in the |
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| 1 | | calculation of, the required State contributions under this |
| 2 | | Article in any future year until the System has reached a |
| 3 | | funding ratio of at least 100% 90%. A reference in this Article |
| 4 | | to the "required State contribution" or any substantially |
| 5 | | similar term does not include or apply to any amounts payable |
| 6 | | to the System under Section 25 of the Budget Stabilization Act. |
| 7 | | Notwithstanding any other provision of this Section, the |
| 8 | | required State
contribution for State fiscal year 2005 and for |
| 9 | | fiscal year 2008 and each fiscal year thereafter through State |
| 10 | | fiscal year 2016, as
calculated under this Section and
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| 11 | | certified under subsection (a-1), shall not exceed an amount |
| 12 | | equal to (i) the
amount of the required State contribution that |
| 13 | | would have been calculated under
this Section for that fiscal |
| 14 | | year if the System had not received any payments
under |
| 15 | | subsection (d) of Section 7.2 of the General Obligation Bond |
| 16 | | Act, minus
(ii) the portion of the State's total debt service |
| 17 | | payments for that fiscal
year on the bonds issued in fiscal |
| 18 | | year 2003 for the purposes of that Section 7.2, as determined
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| 19 | | and certified by the Comptroller, that is the same as the |
| 20 | | System's portion of
the total moneys distributed under |
| 21 | | subsection (d) of Section 7.2 of the General
Obligation Bond |
| 22 | | Act. In determining this maximum for State fiscal years 2008 |
| 23 | | through 2010, however, the amount referred to in item (i) shall |
| 24 | | be increased, as a percentage of the applicable employee |
| 25 | | payroll, in equal increments calculated from the sum of the |
| 26 | | required State contribution for State fiscal year 2007 plus the |
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| 1 | | applicable portion of the State's total debt service payments |
| 2 | | for fiscal year 2007 on the bonds issued in fiscal year 2003 |
| 3 | | for the purposes of Section 7.2 of the General
Obligation Bond |
| 4 | | Act, so that, by State fiscal year 2011, the
State is |
| 5 | | contributing at the rate otherwise required under this Section.
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| 6 | | (b-10) Subject to the limitations provided in subsection |
| 7 | | (b-15), beginning with State fiscal year 2017, the minimum |
| 8 | | required contribution of each employer under this Article shall |
| 9 | | be sufficient to produce an annual amount equal to: |
| 10 | | (i) the employer's normal cost for that fiscal year; |
| 11 | | plus |
| 12 | | (ii) the amount required for that fiscal year to |
| 13 | | amortize that employer's portion of the unfunded accrued |
| 14 | | liability associated with the cost of benefits accrued on |
| 15 | | or after July 1, 2016 as a level percentage of payroll over |
| 16 | | a 30-year rolling amortization period, as determined for |
| 17 | | each employer by the Board. |
| 18 | | Each employer under this Article shall make these |
| 19 | | contributions in the amounts determined and the manner |
| 20 | | prescribed from time to time by the Board. |
| 21 | | (b-15) The System shall determine the employer's normal |
| 22 | | cost under item (i) of subsection (b-10) as a percentage of |
| 23 | | projected payroll applicable to all employers, based on |
| 24 | | actuarial assumptions applicable to the System as a whole. |
| 25 | | The System shall determine the employer's portion of the |
| 26 | | unfunded accrued liability under item (ii) of subsection (b-10) |
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| 1 | | separately for each employer, as a percentage of that |
| 2 | | employer's projected payroll, based on the liabilities |
| 3 | | attributable to that employer and the actuarial assumptions |
| 4 | | applicable to the System as a whole. |
| 5 | | For use in determining the employer's contribution for |
| 6 | | unfunded accrued liability under item (ii), the System shall |
| 7 | | maintain a separate account for each employer. The separate |
| 8 | | account shall be maintained in such form and detail as the |
| 9 | | System determines to be appropriate. The separate account shall |
| 10 | | reflect the following items to the extent that they are |
| 11 | | attributable to that employer and arise on or after July 1, |
| 12 | | 2016: employer contributions, State contributions under |
| 13 | | subsection (b-20), employee contributions, investment returns, |
| 14 | | payments of benefits, and that employer's proportionate share |
| 15 | | of the System's administrative expenses. |
| 16 | | In the event that the Board determines that there is a |
| 17 | | deficiency or surplus in the account of an employer with |
| 18 | | respect to the projected liabilities attributable to that |
| 19 | | employer arising on or after July 1, 2016, the Board shall |
| 20 | | determine the employer's contribution rate under item (ii) of |
| 21 | | subsection (b-10) so as to address that deficiency or surplus |
| 22 | | over a reasonable period of time as determined by the Board. |
| 23 | | (c) Payment of the required State contributions and of all |
| 24 | | pensions,
retirement annuities, death benefits, refunds, and |
| 25 | | other benefits granted
under or assumed by this System, and all |
| 26 | | expenses in connection with the
administration and operation |
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| 1 | | thereof, are obligations of the State.
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| 2 | | If members are paid from special trust or federal funds |
| 3 | | which are
administered by the employing unit, whether school |
| 4 | | district or other
unit, the employing unit shall pay to the |
| 5 | | System from such
funds the full accruing retirement costs based |
| 6 | | upon that
service, which, beginning July 1, 2014, shall be at a |
| 7 | | rate, expressed as a percentage of salary, equal to the total |
| 8 | | minimum contribution
to the System to be made by the State for |
| 9 | | that fiscal year, including both normal cost and unfunded |
| 10 | | liability components, expressed as a percentage of payroll, as |
| 11 | | determined by the System under subsection (b-3) of this |
| 12 | | Section. Employer contributions, based on
salary paid to |
| 13 | | members from federal funds, may be forwarded by the |
| 14 | | distributing
agency of the State of Illinois to the System |
| 15 | | prior to allocation, in an
amount determined in accordance with |
| 16 | | guidelines established by such
agency and the System. Any |
| 17 | | contribution for fiscal year 2015 collected as a result of the |
| 18 | | change made by this amendatory Act of the 98th General Assembly |
| 19 | | shall be considered a State contribution under subsection (b-3) |
| 20 | | of this Section.
|
| 21 | | (d) Effective July 1, 1986, any employer of a teacher as |
| 22 | | defined in
paragraph (8) of Section 16-106 shall pay the |
| 23 | | employer's normal cost
of benefits based upon the teacher's |
| 24 | | service, in addition to
employee contributions, as determined |
| 25 | | by the System. Such employer
contributions shall be forwarded |
| 26 | | monthly in accordance with guidelines
established by the |
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| 1 | | System.
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| 2 | | However, with respect to benefits granted under Section |
| 3 | | 16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) |
| 4 | | of Section 16-106, the
employer's contribution shall be 12% |
| 5 | | (rather than 20%) of the member's
highest annual salary rate |
| 6 | | for each year of creditable service granted, and
the employer |
| 7 | | shall also pay the required employee contribution on behalf of
|
| 8 | | the teacher. For the purposes of Sections 16-133.4 and |
| 9 | | 16-133.5, a teacher
as defined in paragraph (8) of Section |
| 10 | | 16-106 who is serving in that capacity
while on leave of |
| 11 | | absence from another employer under this Article shall not
be |
| 12 | | considered an employee of the employer from which the teacher |
| 13 | | is on leave.
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| 14 | | (e) Beginning July 1, 1998, every employer of a teacher
|
| 15 | | shall pay to the System an employer contribution computed as |
| 16 | | follows:
|
| 17 | | (1) Beginning July 1, 1998 through June 30, 1999, the |
| 18 | | employer
contribution shall be equal to 0.3% of each |
| 19 | | teacher's salary.
|
| 20 | | (2) Beginning July 1, 1999 and thereafter, the employer
|
| 21 | | contribution shall be equal to 0.58% of each teacher's |
| 22 | | salary.
|
| 23 | | The school district or other employing unit may pay these |
| 24 | | employer
contributions out of any source of funding available |
| 25 | | for that purpose and
shall forward the contributions to the |
| 26 | | System on the schedule established
for the payment of member |
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| 1 | | contributions.
|
| 2 | | These employer contributions are intended to offset a |
| 3 | | portion of the cost
to the System of the increases in |
| 4 | | retirement benefits resulting from this
amendatory Act of 1998.
|
| 5 | | Each employer of teachers is entitled to a credit against |
| 6 | | the contributions
required under this subsection (e) with |
| 7 | | respect to salaries paid to teachers
for the period January 1, |
| 8 | | 2002 through June 30, 2003, equal to the amount paid
by that |
| 9 | | employer under subsection (a-5) of Section 6.6 of the State |
| 10 | | Employees
Group Insurance Act of 1971 with respect to salaries |
| 11 | | paid to teachers for that
period.
|
| 12 | | The additional 1% employee contribution required under |
| 13 | | Section 16-152 by
this amendatory Act of 1998 is the |
| 14 | | responsibility of the teacher and not the
teacher's employer, |
| 15 | | unless the employer agrees, through collective bargaining
or |
| 16 | | otherwise, to make the contribution on behalf of the teacher.
|
| 17 | | If an employer is required by a contract in effect on May |
| 18 | | 1, 1998 between the
employer and an employee organization to |
| 19 | | pay, on behalf of all its full-time
employees
covered by this |
| 20 | | Article, all mandatory employee contributions required under
|
| 21 | | this Article, then the employer shall be excused from paying |
| 22 | | the employer
contribution required under this subsection (e) |
| 23 | | for the balance of the term
of that contract. The employer and |
| 24 | | the employee organization shall jointly
certify to the System |
| 25 | | the existence of the contractual requirement, in such
form as |
| 26 | | the System may prescribe. This exclusion shall cease upon the
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| 1 | | termination, extension, or renewal of the contract at any time |
| 2 | | after May 1,
1998.
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| 3 | | (f) If the amount of a teacher's salary for any school year |
| 4 | | used to determine final average salary exceeds the member's |
| 5 | | annual full-time salary rate with the same employer for the |
| 6 | | previous school year by more than 6%, the teacher's employer |
| 7 | | shall pay to the System, in addition to all other payments |
| 8 | | required under this Section and in accordance with guidelines |
| 9 | | established by the System, the present value of the increase in |
| 10 | | benefits resulting from the portion of the increase in salary |
| 11 | | that is in excess of 6%. This present value shall be computed |
| 12 | | by the System on the basis of the actuarial assumptions and |
| 13 | | tables used in the most recent actuarial valuation of the |
| 14 | | System that is available at the time of the computation. If a |
| 15 | | teacher's salary for the 2005-2006 school year is used to |
| 16 | | determine final average salary under this subsection (f), then |
| 17 | | the changes made to this subsection (f) by Public Act 94-1057 |
| 18 | | shall apply in calculating whether the increase in his or her |
| 19 | | salary is in excess of 6%. For the purposes of this Section, |
| 20 | | change in employment under Section 10-21.12 of the School Code |
| 21 | | on or after June 1, 2005 shall constitute a change in employer. |
| 22 | | The System may require the employer to provide any pertinent |
| 23 | | information or documentation.
The changes made to this |
| 24 | | subsection (f) by this amendatory Act of the 94th General |
| 25 | | Assembly apply without regard to whether the teacher was in |
| 26 | | service on or after its effective date.
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| 1 | | Whenever it determines that a payment is or may be required |
| 2 | | under this subsection, the System shall calculate the amount of |
| 3 | | the payment and bill the employer for that amount. The bill |
| 4 | | shall specify the calculations used to determine the amount |
| 5 | | due. If the employer disputes the amount of the bill, it may, |
| 6 | | within 30 days after receipt of the bill, apply to the System |
| 7 | | in writing for a recalculation. The application must specify in |
| 8 | | detail the grounds of the dispute and, if the employer asserts |
| 9 | | that the calculation is subject to subsection (g) or (h) of |
| 10 | | this Section, must include an affidavit setting forth and |
| 11 | | attesting to all facts within the employer's knowledge that are |
| 12 | | pertinent to the applicability of that subsection. Upon |
| 13 | | receiving a timely application for recalculation, the System |
| 14 | | shall review the application and, if appropriate, recalculate |
| 15 | | the amount due.
|
| 16 | | The employer contributions required under this subsection |
| 17 | | (f) may be paid in the form of a lump sum within 90 days after |
| 18 | | receipt of the bill. If the employer contributions are not paid |
| 19 | | within 90 days after receipt of the bill, then interest will be |
| 20 | | charged at a rate equal to the System's annual actuarially |
| 21 | | assumed rate of return on investment compounded annually from |
| 22 | | the 91st day after receipt of the bill. Payments must be |
| 23 | | concluded within 3 years after the employer's receipt of the |
| 24 | | bill.
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| 25 | | (g) This subsection (g) applies only to payments made or |
| 26 | | salary increases given on or after June 1, 2005 but before July |
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| 1 | | 1, 2011. The changes made by Public Act 94-1057 shall not |
| 2 | | require the System to refund any payments received before
July |
| 3 | | 31, 2006 (the effective date of Public Act 94-1057). |
| 4 | | When assessing payment for any amount due under subsection |
| 5 | | (f), the System shall exclude salary increases paid to teachers |
| 6 | | under contracts or collective bargaining agreements entered |
| 7 | | into, amended, or renewed before June 1, 2005.
|
| 8 | | When assessing payment for any amount due under subsection |
| 9 | | (f), the System shall exclude salary increases paid to a |
| 10 | | teacher at a time when the teacher is 10 or more years from |
| 11 | | retirement eligibility under Section 16-132 or 16-133.2.
|
| 12 | | When assessing payment for any amount due under subsection |
| 13 | | (f), the System shall exclude salary increases resulting from |
| 14 | | overload work, including summer school, when the school |
| 15 | | district has certified to the System, and the System has |
| 16 | | approved the certification, that (i) the overload work is for |
| 17 | | the sole purpose of classroom instruction in excess of the |
| 18 | | standard number of classes for a full-time teacher in a school |
| 19 | | district during a school year and (ii) the salary increases are |
| 20 | | equal to or less than the rate of pay for classroom instruction |
| 21 | | computed on the teacher's current salary and work schedule.
|
| 22 | | When assessing payment for any amount due under subsection |
| 23 | | (f), the System shall exclude a salary increase resulting from |
| 24 | | a promotion (i) for which the employee is required to hold a |
| 25 | | certificate or supervisory endorsement issued by the State |
| 26 | | Teacher Certification Board that is a different certification |
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| 1 | | or supervisory endorsement than is required for the teacher's |
| 2 | | previous position and (ii) to a position that has existed and |
| 3 | | been filled by a member for no less than one complete academic |
| 4 | | year and the salary increase from the promotion is an increase |
| 5 | | that results in an amount no greater than the lesser of the |
| 6 | | average salary paid for other similar positions in the district |
| 7 | | requiring the same certification or the amount stipulated in |
| 8 | | the collective bargaining agreement for a similar position |
| 9 | | requiring the same certification.
|
| 10 | | When assessing payment for any amount due under subsection |
| 11 | | (f), the System shall exclude any payment to the teacher from |
| 12 | | the State of Illinois or the State Board of Education over |
| 13 | | which the employer does not have discretion, notwithstanding |
| 14 | | that the payment is included in the computation of final |
| 15 | | average salary.
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| 16 | | (h) When assessing payment for any amount due under |
| 17 | | subsection (f), the System shall exclude any salary increase |
| 18 | | described in subsection (g) of this Section given on or after |
| 19 | | July 1, 2011 but before July 1, 2014 under a contract or |
| 20 | | collective bargaining agreement entered into, amended, or |
| 21 | | renewed on or after June 1, 2005 but before July 1, 2011. |
| 22 | | Notwithstanding any other provision of this Section, any |
| 23 | | payments made or salary increases given after June 30, 2014 |
| 24 | | shall be used in assessing payment for any amount due under |
| 25 | | subsection (f) of this Section.
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| 26 | | (i) The System shall prepare a report and file copies of |
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| 1 | | the report with the Governor and the General Assembly by |
| 2 | | January 1, 2007 that contains all of the following information: |
| 3 | | (1) The number of recalculations required by the |
| 4 | | changes made to this Section by Public Act 94-1057 for each |
| 5 | | employer. |
| 6 | | (2) The dollar amount by which each employer's |
| 7 | | contribution to the System was changed due to |
| 8 | | recalculations required by Public Act 94-1057. |
| 9 | | (3) The total amount the System received from each |
| 10 | | employer as a result of the changes made to this Section by |
| 11 | | Public Act 94-4. |
| 12 | | (4) The increase in the required State contribution |
| 13 | | resulting from the changes made to this Section by Public |
| 14 | | Act 94-1057.
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| 15 | | (j) For purposes of determining the required State |
| 16 | | contribution to the System, the value of the System's assets |
| 17 | | shall be equal to the actuarial value of the System's assets, |
| 18 | | which shall be calculated as follows: |
| 19 | | As of June 30, 2008, the actuarial value of the System's |
| 20 | | assets shall be equal to the market value of the assets as of |
| 21 | | that date. In determining the actuarial value of the System's |
| 22 | | assets for fiscal years after June 30, 2008, any actuarial |
| 23 | | gains or losses from investment return incurred in a fiscal |
| 24 | | year shall be recognized in equal annual amounts over the |
| 25 | | 5-year period following that fiscal year. |
| 26 | | (k) For purposes of determining the required State |
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| 1 | | contribution to the system for a particular year, the actuarial |
| 2 | | value of assets shall be assumed to earn a rate of return equal |
| 3 | | to the system's actuarially assumed rate of return. |
| 4 | | (Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11; |
| 5 | | 96-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-694, eff. |
| 6 | | 6-18-12; 97-813, eff. 7-13-12; 98-674, eff. 6-30-14.)
|
| 7 | | Section 85. The School Code is amended by changing Sections |
| 8 | | 2-3.28 and 18-8.05 and by adding Section 2-3.84a as follows:
|
| 9 | | (105 ILCS 5/2-3.28) (from Ch. 122, par. 2-3.28)
|
| 10 | | Sec. 2-3.28. Rules and regulations of budget and accounting |
| 11 | | systems. To prescribe rules and regulations defining what shall |
| 12 | | constitute a
budget and accounting system required under this |
| 13 | | Act. The rules and
regulations shall prescribe the minimum |
| 14 | | extent of verification, the type
of audit, the extent of the |
| 15 | | audit report and shall require compliance
with statutory |
| 16 | | requirements and standards and such requirements as the
State |
| 17 | | Board of Education deems
necessary for an adequate
budget and |
| 18 | | accounting system. For the 2016-2017 school year and |
| 19 | | thereafter, the rules and regulations shall prescribe a system |
| 20 | | for accounting for revenues and expenditures at the individual |
| 21 | | school level that includes without limitation the following: |
| 22 | | (1) accounting for expenditures for school |
| 23 | | administration, regular instruction, special education |
| 24 | | instruction, instructional programs for children of |
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| 1 | | limited English-speaking ability, instructional support |
| 2 | | services, and pupil support services; |
| 3 | | (2) salary expenditures reflecting actual staff |
| 4 | | salaries at each school; |
| 5 | | (3) accounting for operations, including |
| 6 | | non-instructional pupil services, facilities, and business |
| 7 | | services; and |
| 8 | | (4) such other requirements as the State Board of |
| 9 | | Education deems necessary to provide for a uniform and |
| 10 | | transparent system of accounting at the school level.
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| 11 | | (Source: P.A. 81-1508.)
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| 12 | | (105 ILCS 5/2-3.84a new) |
| 13 | | Sec. 2-3.84a. Additional appropriation for general State |
| 14 | | aid. The predicted cost-shifting savings certified to the State |
| 15 | | Board of Education by the Board of Trustees of the Teachers' |
| 16 | | Retirement System of the State of Illinois under subsection |
| 17 | | (a-10) of Section 16-158 of the Illinois Pension Code shall be |
| 18 | | included in the State Board of Education's budget as a separate |
| 19 | | line item appropriation from the General Revenue Fund to the |
| 20 | | State Board of Education for additional general State aid under |
| 21 | | subsection (E) of Section 18-8.05 of the School Code and must |
| 22 | | be appropriated as such. This appropriated amount for general |
| 23 | | State aid must supplement, not supplant, funds appropriated |
| 24 | | from the Common School Fund for general State aid. On a |
| 25 | | continuing monthly basis, the State Board of Education shall |
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| 1 | | prepare and submit vouchers for 1/12 of the amount |
| 2 | | appropriated. The State Comptroller shall cause his or her |
| 3 | | warrants to be drawn for the amount due and payable to the |
| 4 | | State Board of Education.
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| 5 | | (105 ILCS 5/18-8.05)
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| 6 | | Sec. 18-8.05. Basis for apportionment of general State |
| 7 | | financial aid and
supplemental general State aid to the common |
| 8 | | schools for the 1998-1999 and
subsequent school years.
|
| 9 | | (A) General Provisions. |
| 10 | | (1) The provisions of this Section apply to the 1998-1999 |
| 11 | | and subsequent
school years. The system of general State |
| 12 | | financial aid provided for in this
Section
is designed to |
| 13 | | assure that, through a combination of State financial aid and
|
| 14 | | required local resources, the financial support provided each |
| 15 | | pupil in Average
Daily Attendance equals or exceeds a
|
| 16 | | prescribed per pupil Foundation Level. This formula approach |
| 17 | | imputes a level
of per pupil Available Local Resources and |
| 18 | | provides for the basis to calculate
a per pupil level of |
| 19 | | general State financial aid that, when added to Available
Local |
| 20 | | Resources, equals or exceeds the Foundation Level. The
amount |
| 21 | | of per pupil general State financial aid for school districts, |
| 22 | | in
general, varies in inverse
relation to Available Local |
| 23 | | Resources. Per pupil amounts are based upon
each school |
| 24 | | district's Average Daily Attendance as that term is defined in |
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| 1 | | this
Section. |
| 2 | | (2) In addition to general State financial aid, school |
| 3 | | districts with
specified levels or concentrations of pupils |
| 4 | | from low income households are
eligible to receive supplemental |
| 5 | | general State financial aid grants as provided
pursuant to |
| 6 | | subsection (H).
The supplemental State aid grants provided for |
| 7 | | school districts under
subsection (H) shall be appropriated for |
| 8 | | distribution to school districts as
part of the same line item |
| 9 | | in which the general State financial aid of school
districts is |
| 10 | | appropriated under this Section. |
| 11 | | (3) To receive financial assistance under this Section, |
| 12 | | school districts
are required to file claims with the State |
| 13 | | Board of Education, subject to the
following requirements: |
| 14 | | (a) Any school district which fails for any given |
| 15 | | school year to maintain
school as required by law, or to |
| 16 | | maintain a recognized school is not
eligible to file for |
| 17 | | such school year any claim upon the Common School
Fund. In |
| 18 | | case of nonrecognition of one or more attendance centers in |
| 19 | | a
school district otherwise operating recognized schools, |
| 20 | | the claim of the
district shall be reduced in the |
| 21 | | proportion which the Average Daily
Attendance in the |
| 22 | | attendance center or centers bear to the Average Daily
|
| 23 | | Attendance in the school district. A "recognized school" |
| 24 | | means any
public school which meets the standards as |
| 25 | | established for recognition
by the State Board of |
| 26 | | Education. A school district or attendance center
not |
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| 1 | | having recognition status at the end of a school term is |
| 2 | | entitled to
receive State aid payments due upon a legal |
| 3 | | claim which was filed while
it was recognized. |
| 4 | | (b) School district claims filed under this Section are |
| 5 | | subject to
Sections 18-9 and 18-12, except as otherwise |
| 6 | | provided in this
Section. |
| 7 | | (c) If a school district operates a full year school |
| 8 | | under Section
10-19.1, the general State aid to the school |
| 9 | | district shall be determined
by the State Board of |
| 10 | | Education in accordance with this Section as near as
may be |
| 11 | | applicable. |
| 12 | | (d) (Blank). |
| 13 | | (4) Except as provided in subsections (H) and (L), the |
| 14 | | board of any district
receiving any of the grants provided for |
| 15 | | in this Section may apply those funds
to any fund so received |
| 16 | | for which that board is authorized to make expenditures
by law. |
| 17 | | School districts are not required to exert a minimum |
| 18 | | Operating Tax Rate in
order to qualify for assistance under |
| 19 | | this Section. |
| 20 | | (5) As used in this Section the following terms, when |
| 21 | | capitalized, shall
have the meaning ascribed herein: |
| 22 | | (a) "Average Daily Attendance": A count of pupil |
| 23 | | attendance in school,
averaged as provided for in |
| 24 | | subsection (C) and utilized in deriving per pupil
financial |
| 25 | | support levels. |
| 26 | | (b) "Available Local Resources": A computation of |
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| 1 | | local financial
support, calculated on the basis of Average |
| 2 | | Daily Attendance and derived as
provided pursuant to |
| 3 | | subsection (D). |
| 4 | | (c) "Corporate Personal Property Replacement Taxes": |
| 5 | | Funds paid to local
school districts pursuant to "An Act in |
| 6 | | relation to the abolition of ad valorem
personal property |
| 7 | | tax and the replacement of revenues lost thereby, and
|
| 8 | | amending and repealing certain Acts and parts of Acts in |
| 9 | | connection therewith",
certified August 14, 1979, as |
| 10 | | amended (Public Act 81-1st S.S.-1). |
| 11 | | (d) "Foundation Level": A prescribed level of per pupil |
| 12 | | financial support
as provided for in subsection (B). |
| 13 | | (e) "Operating Tax Rate": All school district property |
| 14 | | taxes extended for
all purposes, except Bond and
Interest, |
| 15 | | Summer School, Rent, Capital Improvement, and Vocational |
| 16 | | Education
Building purposes.
|
| 17 | | (B) Foundation Level. |
| 18 | | (1) The Foundation Level is a figure established by the |
| 19 | | State representing
the minimum level of per pupil financial |
| 20 | | support that should be available to
provide for the basic |
| 21 | | education of each pupil in
Average Daily Attendance. As set |
| 22 | | forth in this Section, each school district
is assumed to exert
|
| 23 | | a sufficient local taxing effort such that, in combination with |
| 24 | | the aggregate
of general State
financial aid provided the |
| 25 | | district, an aggregate of State and local resources
are |
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| 1 | | available to meet
the basic education needs of pupils in the |
| 2 | | district. |
| 3 | | (2) For the 1998-1999 school year, the Foundation Level of |
| 4 | | support is
$4,225. For the 1999-2000 school year, the |
| 5 | | Foundation Level of support is
$4,325. For the 2000-2001 school |
| 6 | | year, the Foundation Level of support is
$4,425. For the |
| 7 | | 2001-2002 school year and 2002-2003 school year, the
Foundation |
| 8 | | Level of support is $4,560. For the 2003-2004 school year, the |
| 9 | | Foundation Level of support is $4,810. For the 2004-2005 school |
| 10 | | year, the Foundation Level of support is $4,964.
For the |
| 11 | | 2005-2006 school year,
the Foundation Level of support is |
| 12 | | $5,164. For the 2006-2007 school year, the Foundation Level of |
| 13 | | support is $5,334. For the 2007-2008 school year, the |
| 14 | | Foundation Level of support is $5,734. For the 2008-2009 school |
| 15 | | year, the Foundation Level of support is $5,959. |
| 16 | | (3) For the 2009-2010 school year and each school year |
| 17 | | thereafter,
the Foundation Level of support is $6,119 or such |
| 18 | | greater amount as
may be available under the Fund Education |
| 19 | | First Act or as established by law by the General Assembly. If |
| 20 | | the total amount appropriated for general State aid under |
| 21 | | subsection (E) of this Section in a particular fiscal year is |
| 22 | | sufficient to fund a greater Foundation Level of support than |
| 23 | | specified in this paragraph (3), then the Foundation Level |
| 24 | | shall be set by the State Board of Education, for that fiscal |
| 25 | | year only, at a higher amount.
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| 1 | | (C) Average Daily Attendance. |
| 2 | | (1) For purposes of calculating general State aid pursuant |
| 3 | | to subsection
(E), an Average Daily Attendance figure shall be |
| 4 | | utilized. The Average Daily
Attendance figure for formula
|
| 5 | | calculation purposes shall be the monthly average of the actual |
| 6 | | number of
pupils in attendance of
each school district, as |
| 7 | | further averaged for the best 3 months of pupil
attendance for |
| 8 | | each
school district. In compiling the figures for the number |
| 9 | | of pupils in
attendance, school districts
and the State Board |
| 10 | | of Education shall, for purposes of general State aid
funding, |
| 11 | | conform
attendance figures to the requirements of subsection |
| 12 | | (F). |
| 13 | | (2) The Average Daily Attendance figures utilized in |
| 14 | | subsection (E) shall be
the requisite attendance data for the |
| 15 | | school year immediately preceding
the
school year for which |
| 16 | | general State aid is being calculated
or the average of the |
| 17 | | attendance data for the 3 preceding school
years, whichever is |
| 18 | | greater. The Average Daily Attendance figures
utilized in |
| 19 | | subsection (H) shall be the requisite attendance data for the
|
| 20 | | school year immediately preceding the school year for which |
| 21 | | general
State aid is being calculated.
|
| 22 | | (D) Available Local Resources. |
| 23 | | (1) For purposes of calculating general State aid pursuant |
| 24 | | to subsection
(E), a representation of Available Local |
| 25 | | Resources per pupil, as that term is
defined and determined in |
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| 1 | | this subsection, shall be utilized. Available Local
Resources |
| 2 | | per pupil shall include a calculated
dollar amount representing |
| 3 | | local school district revenues from local property
taxes and |
| 4 | | from
Corporate Personal Property Replacement Taxes, expressed |
| 5 | | on the basis of pupils
in Average
Daily Attendance. Calculation |
| 6 | | of Available Local Resources shall exclude any tax amnesty |
| 7 | | funds received as a result of Public Act 93-26. |
| 8 | | (2) In determining a school district's revenue from local |
| 9 | | property taxes,
the State Board of Education shall utilize the |
| 10 | | equalized assessed valuation of
all taxable property of each |
| 11 | | school
district as of September 30 of the previous year. The |
| 12 | | equalized assessed
valuation utilized shall
be obtained and |
| 13 | | determined as provided in subsection (G). |
| 14 | | (3) For school districts maintaining grades kindergarten |
| 15 | | through 12, local
property tax
revenues per pupil shall be |
| 16 | | calculated as the product of the applicable
equalized assessed
|
| 17 | | valuation for the district multiplied by 3.00%, and divided by |
| 18 | | the district's
Average Daily
Attendance figure. For school |
| 19 | | districts maintaining grades kindergarten
through 8, local
|
| 20 | | property tax revenues per pupil shall be calculated as the |
| 21 | | product of the
applicable equalized
assessed valuation for the |
| 22 | | district multiplied by 2.30%, and divided by the
district's |
| 23 | | Average
Daily Attendance figure. For school districts |
| 24 | | maintaining grades 9 through 12,
local property
tax revenues |
| 25 | | per pupil shall be the applicable equalized assessed valuation |
| 26 | | of
the district
multiplied by 1.05%, and divided by the |
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| 1 | | district's Average Daily
Attendance
figure. |
| 2 | | For partial elementary unit districts created pursuant to |
| 3 | | Article 11E of this Code, local property tax revenues per pupil |
| 4 | | shall be calculated as the product of the equalized assessed |
| 5 | | valuation for property within the partial elementary unit |
| 6 | | district for elementary purposes, as defined in Article 11E of |
| 7 | | this Code, multiplied by 2.06% and divided by the district's |
| 8 | | Average Daily Attendance figure, plus the product of the |
| 9 | | equalized assessed valuation for property within the partial |
| 10 | | elementary unit district for high school purposes, as defined |
| 11 | | in Article 11E of this Code, multiplied by 0.94% and divided by |
| 12 | | the district's Average Daily Attendance figure.
|
| 13 | | (4) The Corporate Personal Property Replacement Taxes paid |
| 14 | | to each school
district during the calendar year one year |
| 15 | | before the calendar year in which a
school year begins, divided |
| 16 | | by the Average Daily Attendance figure for that
district, shall |
| 17 | | be added to the local property tax revenues per pupil as
|
| 18 | | derived by the application of the immediately preceding |
| 19 | | paragraph (3). The sum
of these per pupil figures for each |
| 20 | | school district shall constitute Available
Local Resources as |
| 21 | | that term is utilized in subsection (E) in the calculation
of |
| 22 | | general State aid.
|
| 23 | | (E) Computation of General State Aid. |
| 24 | | (1) For each school year, the amount of general State aid |
| 25 | | allotted to a
school district shall be computed by the State |
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| 1 | | Board of Education as provided
in this subsection. |
| 2 | | (2) For any school district for which Available Local |
| 3 | | Resources per pupil
is less than the product of 0.93 times the |
| 4 | | Foundation Level, general State aid
for that district shall be |
| 5 | | calculated as an amount equal to the Foundation
Level minus |
| 6 | | Available Local Resources, multiplied by the Average Daily
|
| 7 | | Attendance of the school district. |
| 8 | | (3) For any school district for which Available Local |
| 9 | | Resources per pupil
is equal to or greater than the product of |
| 10 | | 0.93 times the Foundation Level and
less than the product of |
| 11 | | 1.75 times the Foundation Level, the general State aid
per |
| 12 | | pupil shall be a decimal proportion of the Foundation Level |
| 13 | | derived using a
linear algorithm. Under this linear algorithm, |
| 14 | | the calculated general State
aid per pupil shall decline in |
| 15 | | direct linear fashion from 0.07 times the
Foundation Level for |
| 16 | | a school district with Available Local Resources equal to
the |
| 17 | | product of 0.93 times the Foundation Level, to 0.05 times the |
| 18 | | Foundation
Level for a school district with Available Local |
| 19 | | Resources equal to the product
of 1.75 times the Foundation |
| 20 | | Level. The allocation of general
State aid for school districts |
| 21 | | subject to this paragraph 3 shall be the
calculated general |
| 22 | | State aid
per pupil figure multiplied by the Average Daily |
| 23 | | Attendance of the school
district. |
| 24 | | (4) For any school district for which Available Local |
| 25 | | Resources per pupil
equals or exceeds the product of 1.75 times |
| 26 | | the Foundation Level, the general
State aid for the school |
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| 1 | | district shall be calculated as the product of $218
multiplied |
| 2 | | by the Average Daily Attendance of the school
district. |
| 3 | | (5) The amount of general State aid allocated to a school |
| 4 | | district for
the 1999-2000 school year meeting the requirements |
| 5 | | set forth in paragraph (4)
of subsection
(G) shall be increased |
| 6 | | by an amount equal to the general State aid that
would have |
| 7 | | been received by the district for the 1998-1999 school year by
|
| 8 | | utilizing the Extension Limitation Equalized Assessed |
| 9 | | Valuation as calculated
in paragraph (4) of subsection (G) less |
| 10 | | the general State aid allotted for the
1998-1999
school year. |
| 11 | | This amount shall be deemed a one time increase, and shall not
|
| 12 | | affect any future general State aid allocations.
|
| 13 | | (F) Compilation of Average Daily Attendance. |
| 14 | | (1) Each school district shall, by July 1 of each year, |
| 15 | | submit to the State
Board of Education, on forms prescribed by |
| 16 | | the State Board of Education,
attendance figures for the school |
| 17 | | year that began in the preceding calendar
year. The attendance |
| 18 | | information so transmitted shall identify the average
daily |
| 19 | | attendance figures for each month of the school year. Beginning |
| 20 | | with
the general State aid claim form for the 2002-2003 school
|
| 21 | | year, districts shall calculate Average Daily Attendance as |
| 22 | | provided in
subdivisions (a), (b), and (c) of this paragraph |
| 23 | | (1). |
| 24 | | (a) In districts that do not hold year-round classes,
|
| 25 | | days of attendance in August shall be added to the month of |
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| 1 | | September and any
days of attendance in June shall be added |
| 2 | | to the month of May. |
| 3 | | (b) In districts in which all buildings hold year-round |
| 4 | | classes,
days of attendance in July and August shall be |
| 5 | | added to the month
of September and any days of attendance |
| 6 | | in June shall be added to
the month of May. |
| 7 | | (c) In districts in which some buildings, but not all, |
| 8 | | hold
year-round classes, for the non-year-round buildings, |
| 9 | | days of
attendance in August shall be added to the month of |
| 10 | | September
and any days of attendance in June shall be added |
| 11 | | to the month of
May. The average daily attendance for the |
| 12 | | year-round buildings
shall be computed as provided in |
| 13 | | subdivision (b) of this paragraph
(1). To calculate the |
| 14 | | Average Daily Attendance for the district, the
average |
| 15 | | daily attendance for the year-round buildings shall be
|
| 16 | | multiplied by the days in session for the non-year-round |
| 17 | | buildings
for each month and added to the monthly |
| 18 | | attendance of the
non-year-round buildings. |
| 19 | | Except as otherwise provided in this Section, days of
|
| 20 | | attendance by pupils shall be counted only for sessions of not |
| 21 | | less than
5 clock hours of school work per day under direct |
| 22 | | supervision of: (i)
teachers, or (ii) non-teaching personnel or |
| 23 | | volunteer personnel when engaging
in non-teaching duties and |
| 24 | | supervising in those instances specified in
subsection (a) of |
| 25 | | Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils |
| 26 | | of legal school age and in kindergarten and grades 1 through |
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| 1 | | 12. |
| 2 | | Days of attendance by tuition pupils shall be accredited |
| 3 | | only to the
districts that pay the tuition to a recognized |
| 4 | | school. |
| 5 | | (2) Days of attendance by pupils of less than 5 clock hours |
| 6 | | of school
shall be subject to the following provisions in the |
| 7 | | compilation of Average
Daily Attendance. |
| 8 | | (a) Pupils regularly enrolled in a public school for |
| 9 | | only a part of
the school day may be counted on the basis |
| 10 | | of 1/6 day for every class hour
of instruction of 40 |
| 11 | | minutes or more attended pursuant to such enrollment,
|
| 12 | | unless a pupil is
enrolled in a block-schedule format of 80 |
| 13 | | minutes or more of instruction,
in which case the pupil may |
| 14 | | be counted on the basis of the proportion of
minutes of |
| 15 | | school work completed each day to the minimum number of
|
| 16 | | minutes that school work is required to be held that day. |
| 17 | | (b) (Blank). |
| 18 | | (c) A session of 4 or more clock hours may be counted |
| 19 | | as a day of
attendance upon certification by the regional |
| 20 | | superintendent, and
approved by the State Superintendent |
| 21 | | of Education to the extent that the
district has been |
| 22 | | forced to use daily multiple sessions. |
| 23 | | (d) A session of 3 or more clock hours may be counted |
| 24 | | as a day of
attendance (1) when the remainder of the school |
| 25 | | day or at least
2 hours in the evening of that day is |
| 26 | | utilized for an
in-service training program for teachers, |
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| 1 | | up to a maximum of 5 days per
school year, provided a |
| 2 | | district conducts an in-service
training program for |
| 3 | | teachers in accordance with Section 10-22.39 of this Code; |
| 4 | | or, in lieu of 4 such days, 2 full days may
be used, in |
| 5 | | which event each such day
may be counted as a day required |
| 6 | | for a legal school calendar pursuant to Section 10-19 of |
| 7 | | this Code; (1.5) when, of the 5 days allowed under item |
| 8 | | (1), a maximum of 4 days are used for parent-teacher |
| 9 | | conferences, or, in lieu of 4 such days, 2 full days are |
| 10 | | used, in which case each such day may be counted as a |
| 11 | | calendar day required under Section 10-19 of this Code, |
| 12 | | provided that the full-day, parent-teacher conference |
| 13 | | consists of (i) a minimum of 5 clock hours of |
| 14 | | parent-teacher conferences, (ii) both a minimum of 2 clock |
| 15 | | hours of parent-teacher conferences held in the evening |
| 16 | | following a full day of student attendance, as specified in |
| 17 | | subsection (F)(1)(c), and a minimum of 3 clock hours of |
| 18 | | parent-teacher conferences held on the day immediately |
| 19 | | following evening parent-teacher conferences, or (iii) |
| 20 | | multiple parent-teacher conferences held in the evenings |
| 21 | | following full days of student attendance, as specified in |
| 22 | | subsection (F)(1)(c), in which the time used for the |
| 23 | | parent-teacher conferences is equivalent to a minimum of 5 |
| 24 | | clock hours; and (2) when days in
addition to
those |
| 25 | | provided in items (1) and (1.5) are scheduled by a school |
| 26 | | pursuant to its school
improvement plan adopted under |
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| 1 | | Article 34 or its revised or amended school
improvement |
| 2 | | plan adopted under Article 2, provided that (i) such |
| 3 | | sessions of
3 or more clock hours are scheduled to occur at |
| 4 | | regular intervals, (ii) the
remainder of the school days in |
| 5 | | which such sessions occur are utilized
for in-service |
| 6 | | training programs or other staff development activities |
| 7 | | for
teachers, and (iii) a sufficient number of minutes of |
| 8 | | school work under the
direct supervision of teachers are |
| 9 | | added to the school days between such
regularly scheduled |
| 10 | | sessions to accumulate not less than the number of minutes
|
| 11 | | by which such sessions of 3 or more clock hours fall short |
| 12 | | of 5 clock hours.
Any full days used for the purposes of |
| 13 | | this paragraph shall not be considered
for
computing |
| 14 | | average daily attendance. Days scheduled for in-service |
| 15 | | training
programs, staff development activities, or |
| 16 | | parent-teacher conferences may be
scheduled separately for |
| 17 | | different
grade levels and different attendance centers of |
| 18 | | the district. |
| 19 | | (e) A session of not less than one clock hour of |
| 20 | | teaching
hospitalized or homebound pupils on-site or by |
| 21 | | telephone to the classroom may
be counted as 1/2 day of |
| 22 | | attendance, however these pupils must receive 4 or
more |
| 23 | | clock hours of instruction to be counted for a full day of |
| 24 | | attendance. |
| 25 | | (f) A session of at least 4 clock hours may be counted |
| 26 | | as a day of
attendance for first grade pupils, and pupils |
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| 1 | | in full day kindergartens,
and a session of 2 or more hours |
| 2 | | may be counted as 1/2 day of attendance by
pupils in |
| 3 | | kindergartens which provide only 1/2 day of attendance. |
| 4 | | (g) For children with disabilities who are below the |
| 5 | | age of 6 years and
who
cannot attend 2 or more clock hours |
| 6 | | because of their disability or
immaturity, a session of not |
| 7 | | less than one clock hour may be counted as 1/2 day
of |
| 8 | | attendance; however for such children whose educational |
| 9 | | needs so require
a session of 4 or more clock hours may be |
| 10 | | counted as a full day of attendance. |
| 11 | | (h) A recognized kindergarten which provides for only |
| 12 | | 1/2 day of
attendance by each pupil shall not have more |
| 13 | | than 1/2 day of attendance
counted in any one day. However, |
| 14 | | kindergartens may count 2 1/2 days
of
attendance in any 5 |
| 15 | | consecutive school days. When a pupil attends such a
|
| 16 | | kindergarten for 2 half days on any one school day, the |
| 17 | | pupil shall have
the following day as a day absent from |
| 18 | | school, unless the school district
obtains permission in |
| 19 | | writing from the State Superintendent of Education.
|
| 20 | | Attendance at kindergartens which provide for a full day of |
| 21 | | attendance by
each pupil shall be counted the same as |
| 22 | | attendance by first grade pupils.
Only the first year of |
| 23 | | attendance in one kindergarten shall be counted,
except in |
| 24 | | case of children who entered the kindergarten in their |
| 25 | | fifth year
whose educational development requires a second |
| 26 | | year of kindergarten as
determined under the rules and |
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| 1 | | regulations of the State Board of Education. |
| 2 | | (i) On the days when the assessment that includes a |
| 3 | | college and career ready determination is
administered |
| 4 | | under subsection (c) of Section 2-3.64a-5 of this Code, the |
| 5 | | day
of attendance for a pupil whose school
day must be |
| 6 | | shortened to accommodate required testing procedures may
|
| 7 | | be less than 5 clock hours and shall be counted towards the |
| 8 | | 176 days of actual pupil attendance required under Section |
| 9 | | 10-19 of this Code, provided that a sufficient number of |
| 10 | | minutes
of school work in excess of 5 clock hours are first |
| 11 | | completed on other school
days to compensate for the loss |
| 12 | | of school work on the examination days. |
| 13 | | (j) Pupils enrolled in a remote educational program |
| 14 | | established under Section 10-29 of this Code may be counted |
| 15 | | on the basis of one-fifth day of attendance for every clock |
| 16 | | hour of instruction attended in the remote educational |
| 17 | | program, provided that, in any month, the school district |
| 18 | | may not claim for a student enrolled in a remote |
| 19 | | educational program more days of attendance than the |
| 20 | | maximum number of days of attendance the district can claim |
| 21 | | (i) for students enrolled in a building holding year-round |
| 22 | | classes if the student is classified as participating in |
| 23 | | the remote educational program on a year-round schedule or |
| 24 | | (ii) for students enrolled in a building not holding |
| 25 | | year-round classes if the student is not classified as |
| 26 | | participating in the remote educational program on a |
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| 1 | | year-round schedule.
|
| 2 | | (G) Equalized Assessed Valuation Data. |
| 3 | | (1) For purposes of the calculation of Available Local |
| 4 | | Resources required
pursuant to subsection (D), the
State Board |
| 5 | | of Education shall secure from the Department of
Revenue the |
| 6 | | value as equalized or assessed by the Department of Revenue of
|
| 7 | | all taxable property of every school district, together with |
| 8 | | (i) the applicable
tax rate used in extending taxes for the |
| 9 | | funds of the district as of
September 30 of the previous year
|
| 10 | | and (ii) the limiting rate for all school
districts subject to |
| 11 | | property tax extension limitations as imposed under the
|
| 12 | | Property Tax Extension Limitation Law.
|
| 13 | | The Department of Revenue shall add to the equalized |
| 14 | | assessed value of all
taxable
property of each school district |
| 15 | | situated entirely or partially within a county
that is or was |
| 16 | | subject to the
provisions of Section 15-176 or 15-177 of the |
| 17 | | Property Tax Code (a)
an amount equal to the total amount by |
| 18 | | which the
homestead exemption allowed under Section 15-176 or |
| 19 | | 15-177 of the Property Tax Code for
real
property situated in |
| 20 | | that school district exceeds the total amount that would
have |
| 21 | | been
allowed in that school district if the maximum reduction |
| 22 | | under Section 15-176
was
(i) $4,500 in Cook County or $3,500 in |
| 23 | | all other counties in tax year 2003 or (ii) $5,000 in all |
| 24 | | counties in tax year 2004 and thereafter and (b) an amount |
| 25 | | equal to the aggregate amount for the taxable year of all |
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| 1 | | additional exemptions under Section 15-175 of the Property Tax |
| 2 | | Code for owners with a household income of $30,000 or less. The |
| 3 | | county clerk of any county that is or was subject to the |
| 4 | | provisions of Section 15-176 or 15-177 of the Property Tax Code |
| 5 | | shall
annually calculate and certify to the Department of |
| 6 | | Revenue for each school
district all
homestead exemption |
| 7 | | amounts under Section 15-176 or 15-177 of the Property Tax Code |
| 8 | | and all amounts of additional exemptions under Section 15-175 |
| 9 | | of the Property Tax Code for owners with a household income of |
| 10 | | $30,000 or less. It is the intent of this paragraph that if the |
| 11 | | general homestead exemption for a parcel of property is |
| 12 | | determined under Section 15-176 or 15-177 of the Property Tax |
| 13 | | Code rather than Section 15-175, then the calculation of |
| 14 | | Available Local Resources shall not be affected by the |
| 15 | | difference, if any, between the amount of the general homestead |
| 16 | | exemption allowed for that parcel of property under Section |
| 17 | | 15-176 or 15-177 of the Property Tax Code and the amount that |
| 18 | | would have been allowed had the general homestead exemption for |
| 19 | | that parcel of property been determined under Section 15-175 of |
| 20 | | the Property Tax Code. It is further the intent of this |
| 21 | | paragraph that if additional exemptions are allowed under |
| 22 | | Section 15-175 of the Property Tax Code for owners with a |
| 23 | | household income of less than $30,000, then the calculation of |
| 24 | | Available Local Resources shall not be affected by the |
| 25 | | difference, if any, because of those additional exemptions. |
| 26 | | This equalized assessed valuation, as adjusted further by |
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| 1 | | the requirements of
this subsection, shall be utilized in the |
| 2 | | calculation of Available Local
Resources. |
| 3 | | (2) The equalized assessed valuation in paragraph (1) shall |
| 4 | | be adjusted, as
applicable, in the following manner: |
| 5 | | (a) For the purposes of calculating State aid under |
| 6 | | this Section,
with respect to any part of a school district |
| 7 | | within a redevelopment
project area in respect to which a |
| 8 | | municipality has adopted tax
increment allocation |
| 9 | | financing pursuant to the Tax Increment Allocation
|
| 10 | | Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 |
| 11 | | of the Illinois
Municipal Code or the Industrial Jobs |
| 12 | | Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the |
| 13 | | Illinois Municipal Code, no part of the current equalized
|
| 14 | | assessed valuation of real property located in any such |
| 15 | | project area which is
attributable to an increase above the |
| 16 | | total initial equalized assessed
valuation of such |
| 17 | | property shall be used as part of the equalized assessed
|
| 18 | | valuation of the district, until such time as all
|
| 19 | | redevelopment project costs have been paid, as provided in |
| 20 | | Section 11-74.4-8
of the Tax Increment Allocation |
| 21 | | Redevelopment Act or in Section 11-74.6-35 of
the |
| 22 | | Industrial Jobs Recovery Law. For the purpose of
the |
| 23 | | equalized assessed valuation of the
district, the total |
| 24 | | initial equalized assessed valuation or the current
|
| 25 | | equalized assessed valuation, whichever is lower, shall be |
| 26 | | used until
such time as all redevelopment project costs |
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| 1 | | have been paid. |
| 2 | | (b) The real property equalized assessed valuation for |
| 3 | | a school district
shall be adjusted by subtracting from the |
| 4 | | real property
value as equalized or assessed by the |
| 5 | | Department of Revenue for the
district an amount computed |
| 6 | | by dividing the amount of any abatement of
taxes under |
| 7 | | Section 18-170 of the Property Tax Code by 3.00% for a |
| 8 | | district
maintaining grades kindergarten through 12, by |
| 9 | | 2.30% for a district
maintaining grades kindergarten |
| 10 | | through 8, or by 1.05% for a
district
maintaining grades 9 |
| 11 | | through 12 and adjusted by an amount computed by dividing
|
| 12 | | the amount of any abatement of taxes under subsection (a) |
| 13 | | of Section 18-165 of
the Property Tax Code by the same |
| 14 | | percentage rates for district type as
specified in this |
| 15 | | subparagraph (b). |
| 16 | | (3) For the 1999-2000 school year and each school year |
| 17 | | thereafter, if a
school district meets all of the criteria of |
| 18 | | this subsection (G)(3), the school
district's Available Local |
| 19 | | Resources shall be calculated under subsection (D)
using the |
| 20 | | district's Extension Limitation Equalized Assessed Valuation |
| 21 | | as
calculated under this
subsection (G)(3). |
| 22 | | For purposes of this subsection (G)(3) the following terms |
| 23 | | shall have
the following meanings: |
| 24 | | "Budget Year": The school year for which general State |
| 25 | | aid is calculated
and
awarded under subsection (E). |
| 26 | | "Base Tax Year": The property tax levy year used to |
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| 1 | | calculate the Budget
Year
allocation of general State aid. |
| 2 | | "Preceding Tax Year": The property tax levy year |
| 3 | | immediately preceding the
Base Tax Year. |
| 4 | | "Base Tax Year's Tax Extension": The product of the |
| 5 | | equalized assessed
valuation utilized by the County Clerk |
| 6 | | in the Base Tax Year multiplied by the
limiting rate as |
| 7 | | calculated by the County Clerk and defined in the Property |
| 8 | | Tax
Extension Limitation Law. |
| 9 | | "Preceding Tax Year's Tax Extension": The product of |
| 10 | | the equalized assessed
valuation utilized by the County |
| 11 | | Clerk in the Preceding Tax Year multiplied by
the Operating |
| 12 | | Tax Rate as defined in subsection (A). |
| 13 | | "Extension Limitation Ratio": A numerical ratio, |
| 14 | | certified by the
County Clerk, in which the numerator is |
| 15 | | the Base Tax Year's Tax
Extension and the denominator is |
| 16 | | the Preceding Tax Year's Tax Extension. |
| 17 | | "Operating Tax Rate": The operating tax rate as defined |
| 18 | | in subsection (A). |
| 19 | | If a school district is subject to property tax extension |
| 20 | | limitations as
imposed under
the Property Tax Extension |
| 21 | | Limitation Law, the State Board of Education shall
calculate |
| 22 | | the Extension
Limitation
Equalized Assessed Valuation of that |
| 23 | | district. For the 1999-2000 school
year, the
Extension |
| 24 | | Limitation Equalized Assessed Valuation of a school district as
|
| 25 | | calculated by the State Board of Education shall be equal to |
| 26 | | the product of the
district's 1996 Equalized Assessed Valuation |
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| 1 | | and the district's Extension
Limitation Ratio. Except as |
| 2 | | otherwise provided in this paragraph for a school district that |
| 3 | | has approved or does approve an increase in its limiting rate, |
| 4 | | for the 2000-2001 school year and each school year
thereafter,
|
| 5 | | the Extension Limitation Equalized Assessed Valuation of a |
| 6 | | school district as
calculated by the State Board of Education |
| 7 | | shall be equal to the product of
the Equalized Assessed |
| 8 | | Valuation last used in the calculation of general State
aid and |
| 9 | | the
district's Extension Limitation Ratio. If the Extension |
| 10 | | Limitation
Equalized
Assessed Valuation of a school district as |
| 11 | | calculated under
this subsection (G)(3) is less than the |
| 12 | | district's equalized assessed valuation
as calculated pursuant |
| 13 | | to subsections (G)(1) and (G)(2), then for purposes of
|
| 14 | | calculating the district's general State aid for the Budget |
| 15 | | Year pursuant to
subsection (E), that Extension
Limitation |
| 16 | | Equalized Assessed Valuation shall be utilized to calculate the
|
| 17 | | district's Available Local Resources
under subsection (D). For |
| 18 | | the 2009-2010 school year and each school year thereafter, if a |
| 19 | | school district has approved or does approve an increase in its |
| 20 | | limiting rate, pursuant to Section 18-190 of the Property Tax |
| 21 | | Code, affecting the Base Tax Year, the Extension Limitation |
| 22 | | Equalized Assessed Valuation of the school district, as |
| 23 | | calculated by the State Board of Education, shall be equal to |
| 24 | | the product of the Equalized Assessed Valuation last used in |
| 25 | | the calculation of general State aid times an amount equal to |
| 26 | | one plus the percentage increase, if any, in the Consumer Price |
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| 1 | | Index for all Urban Consumers for all items published by the |
| 2 | | United States Department of Labor for the 12-month calendar |
| 3 | | year preceding the Base Tax Year, plus the Equalized Assessed |
| 4 | | Valuation of new property, annexed property, and recovered tax |
| 5 | | increment value and minus the Equalized Assessed Valuation of |
| 6 | | disconnected property. New property and recovered tax |
| 7 | | increment value shall have the meanings set forth in the |
| 8 | | Property Tax Extension Limitation Law. |
| 9 | | Partial elementary unit districts created in accordance |
| 10 | | with Article 11E of this Code shall not be eligible for the |
| 11 | | adjustment in this subsection (G)(3) until the fifth year |
| 12 | | following the effective date of the reorganization.
|
| 13 | | (3.5) For the 2010-2011 school year and each school year |
| 14 | | thereafter, if a school district's boundaries span multiple |
| 15 | | counties, then the Department of Revenue shall send to the |
| 16 | | State Board of Education, for the purpose of calculating |
| 17 | | general State aid, the limiting rate and individual rates by |
| 18 | | purpose for the county that contains the majority of the school |
| 19 | | district's Equalized Assessed Valuation. |
| 20 | | (4) For the purposes of calculating general State aid for |
| 21 | | the 1999-2000
school year only, if a school district |
| 22 | | experienced a triennial reassessment on
the equalized assessed |
| 23 | | valuation used in calculating its general State
financial aid |
| 24 | | apportionment for the 1998-1999 school year, the State Board of
|
| 25 | | Education shall calculate the Extension Limitation Equalized |
| 26 | | Assessed Valuation
that would have been used to calculate the |
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| 1 | | district's 1998-1999 general State
aid. This amount shall equal |
| 2 | | the product of the equalized assessed valuation
used to
|
| 3 | | calculate general State aid for the 1997-1998 school year and |
| 4 | | the district's
Extension Limitation Ratio. If the Extension |
| 5 | | Limitation Equalized Assessed
Valuation of the school district |
| 6 | | as calculated under this paragraph (4) is
less than the |
| 7 | | district's equalized assessed valuation utilized in |
| 8 | | calculating
the
district's 1998-1999 general State aid |
| 9 | | allocation, then for purposes of
calculating the district's |
| 10 | | general State aid pursuant to paragraph (5) of
subsection (E),
|
| 11 | | that Extension Limitation Equalized Assessed Valuation shall |
| 12 | | be utilized to
calculate the district's Available Local |
| 13 | | Resources. |
| 14 | | (5) For school districts having a majority of their |
| 15 | | equalized assessed
valuation in any county except Cook, DuPage, |
| 16 | | Kane, Lake, McHenry, or Will, if
the amount of general State |
| 17 | | aid allocated to the school district for the
1999-2000 school |
| 18 | | year under the provisions of subsection (E), (H), and (J) of
|
| 19 | | this Section is less than the amount of general State aid |
| 20 | | allocated to the
district for the 1998-1999 school year under |
| 21 | | these subsections, then the
general
State aid of the district |
| 22 | | for the 1999-2000 school year only shall be increased
by the |
| 23 | | difference between these amounts. The total payments made under |
| 24 | | this
paragraph (5) shall not exceed $14,000,000. Claims shall |
| 25 | | be prorated if they
exceed $14,000,000.
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| 1 | | (H) Supplemental General State Aid. |
| 2 | | (1) In addition to the general State aid a school district |
| 3 | | is allotted
pursuant to subsection (E), qualifying school |
| 4 | | districts shall receive a grant,
paid in conjunction with a |
| 5 | | district's payments of general State aid, for
supplemental |
| 6 | | general State aid based upon the concentration level of |
| 7 | | children
from low-income households within the school |
| 8 | | district.
Supplemental State aid grants provided for school |
| 9 | | districts under this
subsection shall be appropriated for |
| 10 | | distribution to school districts as part
of the same line item |
| 11 | | in which the general State financial aid of school
districts is |
| 12 | | appropriated under this Section.
|
| 13 | | (1.5) This paragraph (1.5) applies only to those school |
| 14 | | years
preceding the 2003-2004 school year.
For purposes of this
|
| 15 | | subsection (H), the term "Low-Income Concentration Level" |
| 16 | | shall be the
low-income
eligible pupil count from the most |
| 17 | | recently available federal census divided by
the Average Daily |
| 18 | | Attendance of the school district.
If, however, (i) the |
| 19 | | percentage decrease from the 2 most recent federal
censuses
in |
| 20 | | the low-income eligible pupil count of a high school district |
| 21 | | with fewer
than 400 students exceeds by 75% or more the |
| 22 | | percentage change in the total
low-income eligible pupil count |
| 23 | | of contiguous elementary school districts,
whose boundaries |
| 24 | | are coterminous with the high school district,
or (ii) a high |
| 25 | | school district within 2 counties and serving 5 elementary
|
| 26 | | school
districts, whose boundaries are coterminous with the |
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| 1 | | high school
district, has a percentage decrease from the 2 most |
| 2 | | recent federal
censuses in the low-income eligible pupil count |
| 3 | | and there is a percentage
increase in the total low-income |
| 4 | | eligible pupil count of a majority of the
elementary school |
| 5 | | districts in excess of 50% from the 2 most recent
federal |
| 6 | | censuses, then
the
high school district's low-income eligible |
| 7 | | pupil count from the earlier federal
census
shall be the number |
| 8 | | used as the low-income eligible pupil count for the high
school |
| 9 | | district, for purposes of this subsection (H).
The changes made |
| 10 | | to this paragraph (1) by Public Act 92-28 shall apply to
|
| 11 | | supplemental general State aid
grants for school years |
| 12 | | preceding the 2003-2004 school year that are paid
in fiscal |
| 13 | | year 1999 or thereafter
and to
any State aid payments made in |
| 14 | | fiscal year 1994 through fiscal year
1998 pursuant to |
| 15 | | subsection 1(n) of Section 18-8 of this Code (which was
|
| 16 | | repealed on July 1, 1998), and any high school district that is |
| 17 | | affected by
Public Act 92-28 is
entitled to a
recomputation of |
| 18 | | its supplemental general State aid grant or State aid
paid in |
| 19 | | any of those fiscal years. This recomputation shall not be
|
| 20 | | affected by any other funding. |
| 21 | | (1.10) This paragraph (1.10) applies to the 2003-2004 |
| 22 | | school year
and each school year thereafter. For purposes of |
| 23 | | this subsection (H), the
term "Low-Income Concentration Level" |
| 24 | | shall, for each fiscal year, be the
low-income eligible
pupil |
| 25 | | count
as of July 1 of the immediately preceding fiscal year
(as |
| 26 | | determined by the Department of Human Services based
on the |
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| 1 | | number of pupils
who are eligible for at least one of the |
| 2 | | following
low income programs: Medicaid, the Children's Health |
| 3 | | Insurance Program, TANF, or Food Stamps,
excluding pupils who |
| 4 | | are eligible for services provided by the Department
of |
| 5 | | Children and Family Services,
averaged over
the 2 immediately |
| 6 | | preceding fiscal years for fiscal year 2004 and over the 3
|
| 7 | | immediately preceding fiscal years for each fiscal year |
| 8 | | thereafter)
divided by the Average Daily Attendance of the |
| 9 | | school district. |
| 10 | | (2) Supplemental general State aid pursuant to this |
| 11 | | subsection (H) shall
be
provided as follows for the 1998-1999, |
| 12 | | 1999-2000, and 2000-2001 school years
only: |
| 13 | | (a) For any school district with a Low Income |
| 14 | | Concentration Level of at
least 20% and less than 35%, the |
| 15 | | grant for any school year
shall be $800
multiplied by the |
| 16 | | low income eligible pupil count. |
| 17 | | (b) For any school district with a Low Income |
| 18 | | Concentration Level of at
least 35% and less than 50%, the |
| 19 | | grant for the 1998-1999 school year shall be
$1,100 |
| 20 | | multiplied by the low income eligible pupil count. |
| 21 | | (c) For any school district with a Low Income |
| 22 | | Concentration Level of at
least 50% and less than 60%, the |
| 23 | | grant for the 1998-99 school year shall be
$1,500 |
| 24 | | multiplied by the low income eligible pupil count. |
| 25 | | (d) For any school district with a Low Income |
| 26 | | Concentration Level of 60%
or more, the grant for the |
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| 1 | | 1998-99 school year shall be $1,900 multiplied by
the low |
| 2 | | income eligible pupil count. |
| 3 | | (e) For the 1999-2000 school year, the per pupil amount |
| 4 | | specified in
subparagraphs (b), (c), and (d) immediately |
| 5 | | above shall be increased to $1,243,
$1,600, and $2,000, |
| 6 | | respectively. |
| 7 | | (f) For the 2000-2001 school year, the per pupil |
| 8 | | amounts specified in
subparagraphs (b), (c), and (d) |
| 9 | | immediately above shall be
$1,273, $1,640, and $2,050, |
| 10 | | respectively. |
| 11 | | (2.5) Supplemental general State aid pursuant to this |
| 12 | | subsection (H)
shall be provided as follows for the 2002-2003 |
| 13 | | school year: |
| 14 | | (a) For any school district with a Low Income |
| 15 | | Concentration Level of less
than 10%, the grant for each |
| 16 | | school year shall be $355 multiplied by the low
income |
| 17 | | eligible pupil count. |
| 18 | | (b) For any school district with a Low Income |
| 19 | | Concentration
Level of at least 10% and less than 20%, the |
| 20 | | grant for each school year shall
be $675
multiplied by the |
| 21 | | low income eligible pupil
count. |
| 22 | | (c) For any school district with a Low Income |
| 23 | | Concentration
Level of at least 20% and less than 35%, the |
| 24 | | grant for each school year shall
be $1,330
multiplied by |
| 25 | | the low income eligible pupil
count. |
| 26 | | (d) For any school district with a Low Income |
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| 1 | | Concentration
Level of at least 35% and less than 50%, the |
| 2 | | grant for each school year shall
be $1,362
multiplied by |
| 3 | | the low income eligible pupil
count. |
| 4 | | (e) For any school district with a Low Income |
| 5 | | Concentration
Level of at least 50% and less than 60%, the |
| 6 | | grant for each school year shall
be $1,680
multiplied by |
| 7 | | the low income eligible pupil
count. |
| 8 | | (f) For any school district with a Low Income |
| 9 | | Concentration
Level of 60% or more, the grant for each |
| 10 | | school year shall be $2,080
multiplied by the low income |
| 11 | | eligible pupil count. |
| 12 | | (2.10) Except as otherwise provided, supplemental general |
| 13 | | State aid
pursuant to this subsection
(H) shall be provided as |
| 14 | | follows for the 2003-2004 school year and each
school year |
| 15 | | thereafter: |
| 16 | | (a) For any school district with a Low Income |
| 17 | | Concentration
Level of 15% or less, the grant for each |
| 18 | | school year
shall be $355 multiplied by the low income |
| 19 | | eligible pupil count. |
| 20 | | (b) For any school district with a Low Income |
| 21 | | Concentration
Level greater than 15%, the grant for each |
| 22 | | school year shall be
$294.25 added to the product of $2,700 |
| 23 | | and the square of the Low
Income Concentration Level, all |
| 24 | | multiplied by the low income
eligible pupil count. |
| 25 | | For the 2003-2004 school year and each school year |
| 26 | | thereafter through the 2008-2009 school year only, the grant |
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| 1 | | shall be no less than the
grant
for
the 2002-2003 school year. |
| 2 | | For the 2009-2010 school year only, the grant shall
be no
less |
| 3 | | than the grant for the 2002-2003 school year multiplied by |
| 4 | | 0.66. For the 2010-2011
school year only, the grant shall be no |
| 5 | | less than the grant for the 2002-2003
school year
multiplied by |
| 6 | | 0.33. Notwithstanding the provisions of this paragraph to the |
| 7 | | contrary, if for any school year supplemental general State aid |
| 8 | | grants are prorated as provided in paragraph (1) of this |
| 9 | | subsection (H), then the grants under this paragraph shall be |
| 10 | | prorated.
|
| 11 | | For the 2003-2004 school year only, the grant shall be no |
| 12 | | greater
than the grant received during the 2002-2003 school |
| 13 | | year added to the
product of 0.25 multiplied by the difference |
| 14 | | between the grant amount
calculated under subsection (a) or (b) |
| 15 | | of this paragraph (2.10), whichever
is applicable, and the |
| 16 | | grant received during the 2002-2003 school year.
For the |
| 17 | | 2004-2005 school year only, the grant shall be no greater than
|
| 18 | | the grant received during the 2002-2003 school year added to |
| 19 | | the
product of 0.50 multiplied by the difference between the |
| 20 | | grant amount
calculated under subsection (a) or (b) of this |
| 21 | | paragraph (2.10), whichever
is applicable, and the grant |
| 22 | | received during the 2002-2003 school year.
For the 2005-2006 |
| 23 | | school year only, the grant shall be no greater than
the grant |
| 24 | | received during the 2002-2003 school year added to the
product |
| 25 | | of 0.75 multiplied by the difference between the grant amount
|
| 26 | | calculated under subsection (a) or (b) of this paragraph |
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| 1 | | (2.10), whichever
is applicable, and the grant received during |
| 2 | | the 2002-2003
school year. |
| 3 | | (3) School districts with an Average Daily Attendance of |
| 4 | | more than 1,000
and less than 50,000 that qualify for |
| 5 | | supplemental general State aid pursuant
to this subsection |
| 6 | | shall submit a plan to the State Board of Education prior to
|
| 7 | | October 30 of each year for the use of the funds resulting from |
| 8 | | this grant of
supplemental general State aid for the |
| 9 | | improvement of
instruction in which priority is given to |
| 10 | | meeting the education needs of
disadvantaged children. Such |
| 11 | | plan shall be submitted in accordance with
rules and |
| 12 | | regulations promulgated by the State Board of Education. |
| 13 | | (4) School districts with an Average Daily Attendance of |
| 14 | | 50,000 or more
that qualify for supplemental general State aid |
| 15 | | pursuant to this subsection
shall be required to distribute |
| 16 | | from funds available pursuant to this Section,
no less than |
| 17 | | $261,000,000 in accordance with the following requirements: |
| 18 | | (a) The required amounts shall be distributed to the |
| 19 | | attendance centers
within the district in proportion to the |
| 20 | | number of pupils enrolled at each
attendance center who are |
| 21 | | eligible to receive free or reduced-price lunches or
|
| 22 | | breakfasts under the federal Child Nutrition Act of 1966 |
| 23 | | and under the National
School Lunch Act during the |
| 24 | | immediately preceding school year. |
| 25 | | (b) The distribution of these portions of supplemental |
| 26 | | and general State
aid among attendance centers according to |
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| 1 | | these requirements shall not be
compensated for or |
| 2 | | contravened by adjustments of the total of other funds
|
| 3 | | appropriated to any attendance centers, and the Board of |
| 4 | | Education shall
utilize funding from one or several sources |
| 5 | | in order to fully implement this
provision annually prior |
| 6 | | to the opening of school. |
| 7 | | (c) Each attendance center shall be provided by the
|
| 8 | | school district a distribution of noncategorical funds and |
| 9 | | other
categorical funds to which an attendance center is |
| 10 | | entitled under law in
order that the general State aid and |
| 11 | | supplemental general State aid provided
by application of |
| 12 | | this subsection supplements rather than supplants the
|
| 13 | | noncategorical funds and other categorical funds provided |
| 14 | | by the school
district to the attendance centers. |
| 15 | | (d) Any funds made available under this subsection that |
| 16 | | by reason of the
provisions of this subsection are not
|
| 17 | | required to be allocated and provided to attendance centers |
| 18 | | may be used and
appropriated by the board of the district |
| 19 | | for any lawful school purpose. |
| 20 | | (e) Funds received by an attendance center
pursuant to |
| 21 | | this
subsection shall be used
by the attendance center at |
| 22 | | the discretion
of the principal and local school council |
| 23 | | for programs to improve educational
opportunities at |
| 24 | | qualifying schools through the following programs and
|
| 25 | | services: early childhood education, reduced class size or |
| 26 | | improved adult to
student classroom ratio, enrichment |
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| 1 | | programs, remedial assistance, attendance
improvement, and |
| 2 | | other educationally beneficial expenditures which
|
| 3 | | supplement
the regular and basic programs as determined by |
| 4 | | the State Board of Education.
Funds provided shall not be |
| 5 | | expended for any political or lobbying purposes
as defined |
| 6 | | by board rule. |
| 7 | | (f) Each district subject to the provisions of this |
| 8 | | subdivision (H)(4)
shall submit an
acceptable plan to meet |
| 9 | | the educational needs of disadvantaged children, in
|
| 10 | | compliance with the requirements of this paragraph, to the |
| 11 | | State Board of
Education prior to July 15 of each year. |
| 12 | | This plan shall be consistent with the
decisions of local |
| 13 | | school councils concerning the school expenditure plans
|
| 14 | | developed in accordance with part 4 of Section 34-2.3. The |
| 15 | | State Board shall
approve or reject the plan within 60 days |
| 16 | | after its submission. If the plan is
rejected, the district |
| 17 | | shall give written notice of intent to modify the plan
|
| 18 | | within 15 days of the notification of rejection and then |
| 19 | | submit a modified plan
within 30 days after the date of the |
| 20 | | written notice of intent to modify.
Districts may amend |
| 21 | | approved plans pursuant to rules promulgated by the State
|
| 22 | | Board of Education. |
| 23 | | Upon notification by the State Board of Education that |
| 24 | | the district has
not submitted a plan prior to July 15 or a |
| 25 | | modified plan within the time
period specified herein, the
|
| 26 | | State aid funds affected by that plan or modified plan |
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| 1 | | shall be withheld by the
State Board of Education until a |
| 2 | | plan or modified plan is submitted. |
| 3 | | If the district fails to distribute State aid to |
| 4 | | attendance centers in
accordance with an approved plan, the |
| 5 | | plan for the following year shall
allocate funds, in |
| 6 | | addition to the funds otherwise required by this
|
| 7 | | subsection, to those attendance centers which were |
| 8 | | underfunded during the
previous year in amounts equal to |
| 9 | | such underfunding. |
| 10 | | For purposes of determining compliance with this |
| 11 | | subsection in relation
to the requirements of attendance |
| 12 | | center funding, each district subject to the
provisions of |
| 13 | | this
subsection shall submit as a separate document by |
| 14 | | December 1 of each year a
report of expenditure data for |
| 15 | | the prior year in addition to any
modification of its |
| 16 | | current plan. If it is determined that there has been
a |
| 17 | | failure to comply with the expenditure provisions of this |
| 18 | | subsection
regarding contravention or supplanting, the |
| 19 | | State Superintendent of
Education shall, within 60 days of |
| 20 | | receipt of the report, notify the
district and any affected |
| 21 | | local school council. The district shall within
45 days of |
| 22 | | receipt of that notification inform the State |
| 23 | | Superintendent of
Education of the remedial or corrective |
| 24 | | action to be taken, whether by
amendment of the current |
| 25 | | plan, if feasible, or by adjustment in the plan
for the |
| 26 | | following year. Failure to provide the expenditure report |
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| 1 | | or the
notification of remedial or corrective action in a |
| 2 | | timely manner shall
result in a withholding of the affected |
| 3 | | funds. |
| 4 | | The State Board of Education shall promulgate rules and |
| 5 | | regulations
to implement the provisions of this |
| 6 | | subsection. No funds shall be released
under this |
| 7 | | subdivision (H)(4) to any district that has not submitted a |
| 8 | | plan
that has been approved by the State Board of |
| 9 | | Education.
|
| 10 | | (I) (Blank).
|
| 11 | | (J) (Blank).
|
| 12 | | (K) Grants to Laboratory and Alternative Schools. |
| 13 | | In calculating the amount to be paid to the governing board |
| 14 | | of a public
university that operates a laboratory school under |
| 15 | | this Section or to any
alternative school that is operated by a |
| 16 | | regional superintendent of schools,
the State
Board of |
| 17 | | Education shall require by rule such reporting requirements as |
| 18 | | it
deems necessary. |
| 19 | | As used in this Section, "laboratory school" means a public |
| 20 | | school which is
created and operated by a public university and |
| 21 | | approved by the State Board of
Education. The governing board |
| 22 | | of a public university which receives funds
from the State |
| 23 | | Board under this subsection (K) may not increase the number of
|
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| 1 | | students enrolled in its laboratory
school from a single |
| 2 | | district, if that district is already sending 50 or more
|
| 3 | | students, except under a mutual agreement between the school |
| 4 | | board of a
student's district of residence and the university |
| 5 | | which operates the
laboratory school. A laboratory school may |
| 6 | | not have more than 1,000 students,
excluding students with |
| 7 | | disabilities in a special education program. |
| 8 | | As used in this Section, "alternative school" means a |
| 9 | | public school which is
created and operated by a Regional |
| 10 | | Superintendent of Schools and approved by
the State Board of |
| 11 | | Education. Such alternative schools may offer courses of
|
| 12 | | instruction for which credit is given in regular school |
| 13 | | programs, courses to
prepare students for the high school |
| 14 | | equivalency testing program or vocational
and occupational |
| 15 | | training. A regional superintendent of schools may contract
|
| 16 | | with a school district or a public community college district |
| 17 | | to operate an
alternative school. An alternative school serving |
| 18 | | more than one educational
service region may be established by |
| 19 | | the regional superintendents of schools
of the affected |
| 20 | | educational service regions. An alternative school
serving |
| 21 | | more than one educational service region may be operated under |
| 22 | | such
terms as the regional superintendents of schools of those |
| 23 | | educational service
regions may agree. |
| 24 | | Each laboratory and alternative school shall file, on forms |
| 25 | | provided by the
State Superintendent of Education, an annual |
| 26 | | State aid claim which states the
Average Daily Attendance of |
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| 1 | | the school's students by month. The best 3 months'
Average |
| 2 | | Daily Attendance shall be computed for each school.
The general |
| 3 | | State aid entitlement shall be computed by multiplying the
|
| 4 | | applicable Average Daily Attendance by the Foundation Level as |
| 5 | | determined under
this Section.
|
| 6 | | (L) Payments, Additional Grants in Aid and Other Requirements. |
| 7 | | (1) For a school district operating under the financial |
| 8 | | supervision
of an Authority created under Article 34A, the |
| 9 | | general State aid otherwise
payable to that district under this |
| 10 | | Section, but not the supplemental general
State aid, shall be |
| 11 | | reduced by an amount equal to the budget for
the operations of |
| 12 | | the Authority as certified by the Authority to the State
Board |
| 13 | | of Education, and an amount equal to such reduction shall be |
| 14 | | paid
to the Authority created for such district for its |
| 15 | | operating expenses in
the manner provided in Section 18-11. The |
| 16 | | remainder
of general State school aid for any such district |
| 17 | | shall be paid in accordance
with Article 34A when that Article |
| 18 | | provides for a disposition other than that
provided by this |
| 19 | | Article. |
| 20 | | (2) (Blank). |
| 21 | | (3) Summer school. Summer school payments shall be made as |
| 22 | | provided in
Section 18-4.3.
|
| 23 | | (M) Education Funding Advisory Board. |
| 24 | | The Education Funding Advisory
Board, hereinafter in this |
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| 1 | | subsection (M) referred to as the "Board", is hereby
created. |
| 2 | | The Board
shall consist of 5 members who are appointed by the |
| 3 | | Governor, by and with the
advice and consent of the Senate. The |
| 4 | | members appointed shall include
representatives of education, |
| 5 | | business, and the general public. One of the
members so |
| 6 | | appointed shall be
designated by the Governor at the time the |
| 7 | | appointment is made as the
chairperson of the
Board.
The |
| 8 | | initial members of the Board may
be appointed any time after |
| 9 | | the effective date of this amendatory Act of
1997. The regular |
| 10 | | term of each member of the
Board shall be for 4 years from the |
| 11 | | third Monday of January of the
year in which the term of the |
| 12 | | member's appointment is to commence, except that
of the 5 |
| 13 | | initial members appointed to serve on the
Board, the member who |
| 14 | | is appointed as the chairperson shall serve for
a term that |
| 15 | | commences on the date of his or her appointment and expires on |
| 16 | | the
third Monday of January, 2002, and the remaining 4 members, |
| 17 | | by lots drawn at
the first meeting of the Board that is
held
|
| 18 | | after all 5 members are appointed, shall determine 2 of their |
| 19 | | number to serve
for terms that commence on the date of their
|
| 20 | | respective appointments and expire on the third
Monday of |
| 21 | | January, 2001,
and 2 of their number to serve for terms that |
| 22 | | commence
on the date of their respective appointments and |
| 23 | | expire on the third Monday
of January, 2000. All members |
| 24 | | appointed to serve on the
Board shall serve until their |
| 25 | | respective successors are
appointed and confirmed. Vacancies |
| 26 | | shall be filled in the same manner as
original appointments. If |
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| 1 | | a vacancy in membership occurs at a time when the
Senate is not |
| 2 | | in session, the Governor shall make a temporary appointment |
| 3 | | until
the next meeting of the Senate, when he or she shall |
| 4 | | appoint, by and with the
advice and consent of the Senate, a |
| 5 | | person to fill that membership for the
unexpired term. If the |
| 6 | | Senate is not in session when the initial appointments
are |
| 7 | | made, those appointments shall
be made as in the case of |
| 8 | | vacancies. |
| 9 | | The Education Funding Advisory Board shall be deemed |
| 10 | | established,
and the initial
members appointed by the Governor |
| 11 | | to serve as members of the
Board shall take office,
on the date |
| 12 | | that the
Governor makes his or her appointment of the fifth |
| 13 | | initial member of the
Board, whether those initial members are |
| 14 | | then serving
pursuant to appointment and confirmation or |
| 15 | | pursuant to temporary appointments
that are made by the |
| 16 | | Governor as in the case of vacancies. |
| 17 | | The State Board of Education shall provide such staff |
| 18 | | assistance to the
Education Funding Advisory Board as is |
| 19 | | reasonably required for the proper
performance by the Board of |
| 20 | | its responsibilities. |
| 21 | | For school years after the 2000-2001 school year, the |
| 22 | | Education
Funding Advisory Board, in consultation with the |
| 23 | | State Board of Education,
shall make recommendations as |
| 24 | | provided in this subsection (M) to the General
Assembly for the |
| 25 | | foundation level under subdivision (B)(3) of this Section and
|
| 26 | | for the
supplemental general State aid grant level under |
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| 1 | | subsection (H) of this Section
for districts with high |
| 2 | | concentrations of children from poverty. The
recommended |
| 3 | | foundation level shall be determined based on a methodology |
| 4 | | which
incorporates the basic education expenditures of |
| 5 | | low-spending schools
exhibiting high academic performance. The |
| 6 | | Education Funding Advisory Board
shall make such |
| 7 | | recommendations to the General Assembly on January 1 of odd
|
| 8 | | numbered years, beginning January 1, 2001.
|
| 9 | | (N) (Blank).
|
| 10 | | (O) References. |
| 11 | | (1) References in other laws to the various subdivisions of
|
| 12 | | Section 18-8 as that Section existed before its repeal and |
| 13 | | replacement by this
Section 18-8.05 shall be deemed to refer to |
| 14 | | the corresponding provisions of
this Section 18-8.05, to the |
| 15 | | extent that those references remain applicable. |
| 16 | | (2) References in other laws to State Chapter 1 funds shall |
| 17 | | be deemed to
refer to the supplemental general State aid |
| 18 | | provided under subsection (H) of
this Section.
|
| 19 | | (P) Public Act 93-838 and Public Act 93-808 make inconsistent |
| 20 | | changes to this Section. Under Section 6 of the Statute on |
| 21 | | Statutes there is an irreconcilable conflict between Public Act |
| 22 | | 93-808 and Public Act 93-838. Public Act 93-838, being the last |
| 23 | | acted upon, is controlling. The text of Public Act 93-838 is |
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| 1 | | the law regardless of the text of Public Act 93-808.
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| 2 | | (Q) State Fiscal Year 2015 Payments. |
| 3 | | For payments made for State fiscal year 2015, the State |
| 4 | | Board of Education shall, for each school district, calculate |
| 5 | | that district's pro-rata share of a minimum sum of $13,600,000 |
| 6 | | or additional amounts as needed from the total net General |
| 7 | | State Aid funding as calculated under this Section that shall |
| 8 | | be deemed attributable to the provision of special educational |
| 9 | | facilities and services, as defined in Section 14-1.08 of this |
| 10 | | Code, in a manner that ensures compliance with maintenance of |
| 11 | | State financial support requirements under the federal |
| 12 | | Individuals with Disabilities Education Act. Each school |
| 13 | | district must use such funds only for the provision of special |
| 14 | | educational facilities and services, as defined in Section |
| 15 | | 14-1.08 of this Code, and must comply with any expenditure |
| 16 | | verification procedures adopted by the State Board of |
| 17 | | Education. |
| 18 | | (Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15.)
|
| 19 | | Section 90. The State Mandates Act is amended by adding |
| 20 | | Section 8.39 as follows:
|
| 21 | | (30 ILCS 805/8.39 new) |
| 22 | | Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8 |
| 23 | | of this Act, no reimbursement by the State is required for the |