093_HB2110eng HB2110 Engrossed LRB093 04758 NHT 04814 b 1 AN ACT in relation to education. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing 5 Section 18-8.05 as follows: 6 (105 ILCS 5/18-8.05) 7 Sec. 18-8.05. Basis for apportionment of general State 8 financial aid and supplemental general State aid to the 9 common schools for the 1998-1999 and subsequent school years. 10 (A) General Provisions. 11 (1) The provisions of this Section apply to the 12 1998-1999 school year and subsequent school years. The 13 system of general State financial aid provided for in this 14 Section is designed to assure that, through a combination of 15 State financial aid and required local resources, the 16 financial support provided each pupil in Average Daily 17 Attendance equals or exceeds a prescribed per pupil 18 Foundation Level. This formula approach imputes a level of 19 per pupil Available Local Resources and provides for the 20 basis to calculate a per pupil level of general State 21 financial aid that, when added to Available Local Resources, 22 equals or exceeds the Foundation Level. The amount of per 23 pupil general State financial aid for school districts, in 24 general, varies in inverse relation to Available Local 25 Resources. Per pupil amounts are based upon each school 26 district's Average Daily Attendance as that term is defined 27 in this Section. 28 (2) In addition to general State financial aid, school 29 districts with specified levels or concentrations of pupils 30 from low income households are eligible to receive 31 supplemental general State financial aid grants as provided HB2110 Engrossed -2- LRB093 04758 NHT 04814 b 1 pursuant to subsection (H). The supplemental State aid grants 2 provided for school districts under subsection (H) shall be 3 appropriated for distribution to school districts as part of 4 the same line item in which the general State financial aid 5 of school districts is appropriated under this Section. 6 (3) To receive financial assistance under this Section, 7 school districts are required to file claims with the State 8 Board of Education, subject to the following requirements: 9 (a) Any school district which fails for any given 10 school year to maintain school as required by law, or to 11 maintain a recognized school is not eligible to file for 12 such school year any claim upon the Common School Fund. 13 In case of nonrecognition of one or more attendance 14 centers in a school district otherwise operating 15 recognized schools, the claim of the district shall be 16 reduced in the proportion which the Average Daily 17 Attendance in the attendance center or centers bear to 18 the Average Daily Attendance in the school district. A 19 "recognized school" means any public school which meets 20 the standards as established for recognition by the State 21 Board of Education. A school district or attendance 22 center not having recognition status at the end of a 23 school term is entitled to receive State aid payments due 24 upon a legal claim which was filed while it was 25 recognized. 26 (b) School district claims filed under this Section 27 are subject to Sections 18-9, 18-10, and 18-12, except as 28 otherwise provided in this Section. 29 (c) If a school district operates a full year 30 school under Section 10-19.1, the general State aid to 31 the school district shall be determined by the State 32 Board of Education in accordance with this Section as 33 near as may be applicable. 34 (d) (Blank). HB2110 Engrossed -3- LRB093 04758 NHT 04814 b 1 (4) Except as provided in subsections (H) and (L), the 2 board of any district receiving any of the grants provided 3 for in this Section may apply those funds to any fund so 4 received for which that board is authorized to make 5 expenditures by law. 6 School districts are not required to exert a minimum 7 Operating Tax Rate in order to qualify for assistance under 8 this Section. 9 (5) As used in this Section the following terms, when 10 capitalized, shall have the meaning ascribed herein: 11 (a) "Average Daily Attendance": A count of pupil 12 attendance in school, averaged as provided for in 13 subsection (C) and utilized in deriving per pupil 14 financial support levels. 15 (b) "Available Local Resources": A computation of 16 local financial support, calculated on the basis of 17 Average Daily Attendance and derived as provided pursuant 18 to subsection (D). 19 (c) "Corporate Personal Property Replacement 20 Taxes": Funds paid to local school districts pursuant to 21 "An Act in relation to the abolition of ad valorem 22 personal property tax and the replacement of revenues 23 lost thereby, and amending and repealing certain Acts and 24 parts of Acts in connection therewith", certified August 25 14, 1979, as amended (Public Act 81-1st S.S.-1). 26 (d) "Foundation Level": A prescribed level of per 27 pupil financial support as provided for in subsection 28 (B). 29 (e) "Operating Tax Rate": All school district 30 property taxes extended for all purposes, except Bond and 31 Interest, Summer School, Rent, Capital Improvement, and 32 Vocational Education Building purposes. 33 (B) Foundation Level. 34 (1) The Foundation Level is a figure established by the HB2110 Engrossed -4- LRB093 04758 NHT 04814 b 1 State representing the minimum level of per pupil financial 2 support that should be available to provide for the basic 3 education of each pupil in Average Daily Attendance. As set 4 forth in this Section, each school district is assumed to 5 exert a sufficient local taxing effort such that, in 6 combination with the aggregate of general State financial aid 7 provided the district, an aggregate of State and local 8 resources are available to meet the basic education needs of 9 pupils in the district. 10 (2) For the 1998-1999 school year, the Foundation Level 11 of support is $4,225. For the 1999-2000 school year, the 12 Foundation Level of support is $4,325. For the 2000-2001 13 school year, the Foundation Level of support is $4,425. 14 (3) For the 2001-2002 school year and each school year 15 thereafter, the Foundation Level of support is $4,560 or such 16 greater amount as may be established by law by the General 17 Assembly. 18 (C) Average Daily Attendance. 19 (1) For purposes of calculating general State aid 20 pursuant to subsection (E), an Average Daily Attendance 21 figure shall be utilized. The Average Daily Attendance 22 figure for formula calculation purposes shall be the monthly 23 average of the actual number of pupils in attendance of each 24 school district, as further averaged for the best 3 months of 25 pupil attendance for each school district. In compiling the 26 figures for the number of pupils in attendance, school 27 districts and the State Board of Education shall, for 28 purposes of general State aid funding, conform attendance 29 figures to the requirements of subsection (F). 30 (2) The Average Daily Attendance figures utilized in 31 subsection (E) shall be the requisite attendance data for the 32 school year immediately preceding the school year for which 33 general State aid is being calculated or the average of the 34 attendance data for the 3 preceding school years, whichever HB2110 Engrossed -5- LRB093 04758 NHT 04814 b 1 is greater. The Average Daily Attendance figures utilized in 2 subsection (H) shall be the requisite attendance data for the 3 school year immediately preceding the school year for which 4 general State aid is being calculated. 5 (D) Available Local Resources. 6 (1) For purposes of calculating general State aid 7 pursuant to subsection (E), a representation of Available 8 Local Resources per pupil, as that term is defined and 9 determined in this subsection, shall be utilized. Available 10 Local Resources per pupil shall include a calculated dollar 11 amount representing local school district revenues from local 12 property taxes and from Corporate Personal Property 13 Replacement Taxes, expressed on the basis of pupils in 14 Average Daily Attendance. 15 (2) In determining a school district's revenue from 16 local property taxes, the State Board of Education shall 17 utilize the equalized assessed valuation of all taxable 18 property of each school district as of September 30 of the 19 previous year. The equalized assessed valuation utilized 20 shall be obtained and determined as provided in subsection 21 (G). 22 (3) For school districts maintaining grades kindergarten 23 through 12, local property tax revenues per pupil shall be 24 calculated as the product of the applicable equalized 25 assessed valuation for the district multiplied by 3.00%, and 26 divided by the district's Average Daily Attendance figure. 27 For school districts maintaining grades kindergarten through 28 8, local property tax revenues per pupil shall be calculated 29 as the product of the applicable equalized assessed valuation 30 for the district multiplied by 2.30%, and divided by the 31 district's Average Daily Attendance figure. For school 32 districts maintaining grades 9 through 12, local property tax 33 revenues per pupil shall be the applicable equalized assessed 34 valuation of the district multiplied by 1.05%, and divided by HB2110 Engrossed -6- LRB093 04758 NHT 04814 b 1 the district's Average Daily Attendance figure. 2 (4) The Corporate Personal Property Replacement Taxes 3 paid to each school district during the calendar year 2 years 4 before the calendar year in which a school year begins, 5 divided by the Average Daily Attendance figure for that 6 district, shall be added to the local property tax revenues 7 per pupil as derived by the application of the immediately 8 preceding paragraph (3). The sum of these per pupil figures 9 for each school district shall constitute Available Local 10 Resources as that term is utilized in subsection (E) in the 11 calculation of general State aid. 12 (E) Computation of General State Aid. 13 (1) For each school year, the amount of general State 14 aid allotted to a school district shall be computed by the 15 State Board of Education as provided in this subsection. 16 (2) For any school district for which Available Local 17 Resources per pupil is less than the product of 0.93 times 18 the Foundation Level, general State aid for that district 19 shall be calculated as an amount equal to the Foundation 20 Level minus Available Local Resources, multiplied by the 21 Average Daily Attendance of the school district. 22 (3) For any school district for which Available Local 23 Resources per pupil is equal to or greater than the product 24 of 0.93 times the Foundation Level and less than the product 25 of 1.75 times the Foundation Level, the general State aid per 26 pupil shall be a decimal proportion of the Foundation Level 27 derived using a linear algorithm. Under this linear 28 algorithm, the calculated general State aid per pupil shall 29 decline in direct linear fashion from 0.07 times the 30 Foundation Level for a school district with Available Local 31 Resources equal to the product of 0.93 times the Foundation 32 Level, to 0.05 times the Foundation Level for a school 33 district with Available Local Resources equal to the product 34 of 1.75 times the Foundation Level. The allocation of HB2110 Engrossed -7- LRB093 04758 NHT 04814 b 1 general State aid for school districts subject to this 2 paragraph 3 shall be the calculated general State aid per 3 pupil figure multiplied by the Average Daily Attendance of 4 the school district. 5 (4) For any school district for which Available Local 6 Resources per pupil equals or exceeds the product of 1.75 7 times the Foundation Level, the general State aid for the 8 school district shall be calculated as the product of $218 9 multiplied by the Average Daily Attendance of the school 10 district. 11 (5) The amount of general State aid allocated to a 12 school district for the 1999-2000 school year meeting the 13 requirements set forth in paragraph (4) of subsection (G) 14 shall be increased by an amount equal to the general State 15 aid that would have been received by the district for the 16 1998-1999 school year by utilizing the Extension Limitation 17 Equalized Assessed Valuation as calculated in paragraph (4) 18 of subsection (G) less the general State aid allotted for the 19 1998-1999 school year. This amount shall be deemed a one 20 time increase, and shall not affect any future general State 21 aid allocations. 22 (F) Compilation of Average Daily Attendance. 23 (1) Each school district shall, by July 1 of each year, 24 submit to the State Board of Education, on forms prescribed 25 by the State Board of Education, attendance figures for the 26 school year that began in the preceding calendar year. The 27 attendance information so transmitted shall identify the 28 average daily attendance figures for each month of the school 29 year. Beginning with the general State aid claim form for 30 the 2002-2003 school year, districts shall calculate Average 31 Daily Attendance as provided in subdivisions (a), (b), and 32 (c) of this paragraph (1). 33 (a) In districts that do not hold year-round 34 classes, days of attendance in August shall be added to HB2110 Engrossed -8- LRB093 04758 NHT 04814 b 1 the month of September and any days of attendance in June 2 shall be added to the month of May. 3 (b) In districts in which all buildings hold 4 year-round classes, days of attendance in July and August 5 shall be added to the month of September and any days of 6 attendance in June shall be added to the month of May. 7 (c) In districts in which some buildings, but not 8 all, hold year-round classes, for the non-year-round 9 buildings, days of attendance in August shall be added to 10 the month of September and any days of attendance in June 11 shall be added to the month of May. The average daily 12 attendance for the year-round buildings shall be computed 13 as provided in subdivision (b) of this paragraph (1). To 14 calculate the Average Daily Attendance for the district, 15 the average daily attendance for the year-round buildings 16 shall be multiplied by the days in session for the 17 non-year-round buildings for each month and added to the 18 monthly 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 21 not less than 5 clock hours of school work per day under 22 direct supervision of: (i) teachers, or (ii) non-teaching 23 personnel or volunteer personnel when engaging in 24 non-teaching duties and supervising in those instances 25 specified in subsection (a) of Section 10-22.34 and paragraph 26 10 of Section 34-18, with pupils of legal school age and in 27 kindergarten and grades 1 through 12. 28 Days of attendance by tuition pupils shall be accredited 29 only to the districts that pay the tuition to a recognized 30 school. 31 (2) Days of attendance by pupils of less than 5 clock 32 hours of school shall be subject to the following provisions 33 in the compilation of Average Daily Attendance. 34 (a) Pupils regularly enrolled in a public school HB2110 Engrossed -9- LRB093 04758 NHT 04814 b 1 for only a part of the school day may be counted on the 2 basis of 1/6 day for every class hour of instruction of 3 40 minutes or more attended pursuant to such enrollment, 4 unless a pupil is enrolled in a block-schedule format of 5 80 minutes or more of instruction, in which case the 6 pupil may be counted on the basis of the proportion of 7 minutes of school work completed each day to the minimum 8 number of minutes that school work is required to be held 9 that day. 10 (b) Days of attendance may be less than 5 clock 11 hours on the opening and closing of the school term, and 12 upon the first day of pupil attendance, if preceded by a 13 day or days utilized as an institute or teachers' 14 workshop. 15 (c) A session of 4 or more clock hours may be 16 counted as a day of attendance upon certification by the 17 regional superintendent, and approved by the State 18 Superintendent of Education to the extent that the 19 district has been forced to use daily multiple sessions. 20 (d) A session of 3 or more clock hours may be 21 counted as a day of attendance (1) when the remainder of 22 the school day or at least 2 hours in the evening of that 23 day is utilized for an in-service training program for 24 teachers, up to a maximum of 5 days per school year of 25 which a maximum of 4 days of such 5 days may be used for 26 parent-teacher conferences, provided a district conducts 27 an in-service training program for teachers which has 28 been approved by the State Superintendent of Education; 29 or, in lieu of 4 such days, 2 full days may be used, in 30 which event each such day may be counted as a day of 31 attendance; and (2) when days in addition to those 32 provided in item (1) are scheduled by a school pursuant 33 to its school improvement plan adopted under Article 34 34 or its revised or amended school improvement plan adopted HB2110 Engrossed -10- LRB093 04758 NHT 04814 b 1 under Article 2, provided that (i) such sessions of 3 or 2 more clock hours are scheduled to occur at regular 3 intervals, (ii) the remainder of the school days in which 4 such sessions occur are utilized for in-service training 5 programs or other staff development activities for 6 teachers, and (iii) a sufficient number of minutes of 7 school work under the direct supervision of teachers are 8 added to the school days between such regularly scheduled 9 sessions to accumulate not less than the number of 10 minutes by which such sessions of 3 or more clock hours 11 fall short of 5 clock hours. Any full days used for the 12 purposes of this paragraph shall not be considered for 13 computing average daily attendance. Days scheduled for 14 in-service training programs, staff development 15 activities, or parent-teacher conferences may be 16 scheduled separately for different grade levels and 17 different attendance centers of the district. 18 (e) A session of not less than one clock hour of 19 teaching hospitalized or homebound pupils on-site or by 20 telephone to the classroom may be counted as 1/2 day of 21 attendance, however these pupils must receive 4 or more 22 clock hours of instruction to be counted for a full day 23 of attendance. 24 (f) A session of at least 4 clock hours may be 25 counted as a day of attendance for first grade pupils, 26 and pupils in full day kindergartens, and a session of 2 27 or more hours may be counted as 1/2 day of attendance by 28 pupils in kindergartens which provide only 1/2 day of 29 attendance. 30 (g) For children with disabilities who are below 31 the age of 6 years and who cannot attend 2 or more clock 32 hours because of their disability or immaturity, a 33 session of not less than one clock hour may be counted as 34 1/2 day of attendance; however for such children whose HB2110 Engrossed -11- LRB093 04758 NHT 04814 b 1 educational needs so require a session of 4 or more clock 2 hours may be counted as a full day of attendance. 3 (h) A recognized kindergarten which provides for 4 only 1/2 day of attendance by each pupil shall not have 5 more than 1/2 day of attendance counted in any one day. 6 However, kindergartens may count 2 1/2 days of attendance 7 in any 5 consecutive school days. When a pupil attends 8 such a kindergarten for 2 half days on any one school 9 day, the pupil shall have the following day as a day 10 absent from school, unless the school district obtains 11 permission in writing from the State Superintendent of 12 Education. Attendance at kindergartens which provide for 13 a full day of attendance by each pupil shall be counted 14 the same as attendance by first grade pupils. Only the 15 first year of attendance in one kindergarten shall be 16 counted, except in case of children who entered the 17 kindergarten in their fifth year whose educational 18 development requires a second year of kindergarten as 19 determined under the rules and regulations of the State 20 Board of Education. 21 (G) Equalized Assessed Valuation Data. 22 (1) For purposes of the calculation of Available Local 23 Resources required pursuant to subsection (D), the State 24 Board of Education shall secure from the Department of 25 Revenue the value as equalized or assessed by the Department 26 of Revenue of all taxable property of every school district, 27 together with (i) the applicable tax rate used in extending 28 taxes for the funds of the district as of September 30 of the 29 previous year and (ii) the limiting rate for all school 30 districts subject to property tax extension limitations as 31 imposed under the Property Tax Extension Limitation Law. 32 This equalized assessed valuation, as adjusted further by 33 the requirements of this subsection, shall be utilized in the 34 calculation of Available Local Resources. HB2110 Engrossed -12- LRB093 04758 NHT 04814 b 1 (2) The equalized assessed valuation in paragraph (1) 2 shall be adjusted, as applicable, in the following manner: 3 (a) For the purposes of calculating State aid under 4 this Section, with respect to any part of a school 5 district within a redevelopment project area in respect 6 to which a municipality has adopted tax increment 7 allocation financing pursuant to the Tax Increment 8 Allocation Redevelopment Act, Sections 11-74.4-1 through 9 11-74.4-11 of the Illinois Municipal Code or the 10 Industrial Jobs Recovery Law, Sections 11-74.6-1 through 11 11-74.6-50 of the Illinois Municipal Code, no part of the 12 current equalized assessed valuation of real property 13 located in any such project area which is attributable to 14 an increase above the total initial equalized assessed 15 valuation of such property shall be used as part of the 16 equalized assessed valuation of the district, until such 17 time as all redevelopment project costs have been paid, 18 as provided in Section 11-74.4-8 of the Tax Increment 19 Allocation Redevelopment Act or in Section 11-74.6-35 of 20 the Industrial Jobs Recovery Law. For the purpose of the 21 equalized assessed valuation of the district, the total 22 initial equalized assessed valuation or the current 23 equalized assessed valuation, whichever is lower, shall 24 be used until such time as all redevelopment project 25 costs have been paid. 26 (b) The real property equalized assessed valuation 27 for a school district shall be adjusted by subtracting 28 from the real property value as equalized or assessed by 29 the Department of Revenue for the district an amount 30 computed by dividing the amount of any abatement of taxes 31 under Section 18-170 of the Property Tax Code by 3.00% 32 for a district maintaining grades kindergarten through 33 12, by 2.30% for a district maintaining grades 34 kindergarten through 8, or by 1.05% for a district HB2110 Engrossed -13- LRB093 04758 NHT 04814 b 1 maintaining grades 9 through 12 and adjusted by an amount 2 computed by dividing the amount of any abatement of taxes 3 under subsection (a) of Section 18-165 of the Property 4 Tax Code by the same percentage rates for district type 5 as specified in this subparagraph (b). 6 (3) For the 1999-2000 school year and each school year 7 thereafter, if a school district meets all of the criteria of 8 this subsection (G)(3), the school district's Available Local 9 Resources shall be calculated under subsection (D) using the 10 district's Extension Limitation Equalized Assessed Valuation 11 as calculated under this subsection (G)(3). 12 For purposes of this subsection (G)(3) the following 13 terms shall have the following meanings: 14 "Budget Year": The school year for which general 15 State aid is calculated and awarded under subsection (E). 16 "Base Tax Year": The property tax levy year used to 17 calculate the Budget Year allocation of general State 18 aid. 19 "Preceding Tax Year": The property tax levy year 20 immediately preceding the Base Tax Year. 21 "Base Tax Year's Tax Extension": The product of the 22 equalized assessed valuation utilized by the County Clerk 23 in the Base Tax Year multiplied by the limiting rate as 24 calculated by the County Clerk and defined in the 25 Property Tax Extension Limitation Law. 26 "Preceding Tax Year's Tax Extension": The product of 27 the equalized assessed valuation utilized by the County 28 Clerk in the Preceding Tax Year multiplied by the 29 Operating Tax Rate as defined in subsection (A). 30 "Extension Limitation Ratio": A numerical ratio, 31 certified by the County Clerk, in which the numerator is 32 the Base Tax Year's Tax Extension and the denominator is 33 the Preceding Tax Year's Tax Extension. 34 "Operating Tax Rate": The operating tax rate as HB2110 Engrossed -14- LRB093 04758 NHT 04814 b 1 defined in subsection (A). 2 If a school district is subject to property tax extension 3 limitations as imposed under the Property Tax Extension 4 Limitation Law, the State Board of Education shall calculate 5 the Extension Limitation Equalized Assessed Valuation of that 6 district. For the 1999-2000 school year, the Extension 7 Limitation Equalized Assessed Valuation of a school district 8 as calculated by the State Board of Education shall be equal 9 to the product of the district's 1996 Equalized Assessed 10 Valuation and the district's Extension Limitation Ratio. For 11 the 2000-2001 school year and each school year thereafter, 12 the Extension Limitation Equalized Assessed Valuation of a 13 school district as calculated by the State Board of Education 14 shall be equal to the product of the Equalized Assessed 15 Valuation last used in the calculation of general State aid 16 and the district's Extension Limitation Ratio. If the 17 Extension Limitation Equalized Assessed Valuation of a school 18 district as calculated under this subsection (G)(3) is less 19 than the district's equalized assessed valuation as 20 calculated pursuant to subsections (G)(1) and (G)(2), then 21 for purposes of calculating the district's general State aid 22 for the Budget Year pursuant to subsection (E), that 23 Extension Limitation Equalized Assessed Valuation shall be 24 utilized to calculate the district's Available Local 25 Resources under subsection (D). 26 (4) For the purposes of calculating general State aid 27 for the 1999-2000 school year only, if a school district 28 experienced a triennial reassessment on the equalized 29 assessed valuation used in calculating its general State 30 financial aid apportionment for the 1998-1999 school year, 31 the State Board of Education shall calculate the Extension 32 Limitation Equalized Assessed Valuation that would have been 33 used to calculate the district's 1998-1999 general State aid. 34 This amount shall equal the product of the equalized assessed HB2110 Engrossed -15- LRB093 04758 NHT 04814 b 1 valuation used to calculate general State aid for the 2 1997-1998 school year and the district's Extension Limitation 3 Ratio. If the Extension Limitation Equalized Assessed 4 Valuation of the school district as calculated under this 5 paragraph (4) is less than the district's equalized assessed 6 valuation utilized in calculating the district's 1998-1999 7 general State aid allocation, then for purposes of 8 calculating the district's general State aid pursuant to 9 paragraph (5) of subsection (E), that Extension Limitation 10 Equalized Assessed Valuation shall be utilized to calculate 11 the district's Available Local Resources. 12 (5) For school districts having a majority of their 13 equalized assessed valuation in any county except Cook, 14 DuPage, Kane, Lake, McHenry, or Will, if the amount of 15 general State aid allocated to the school district for the 16 1999-2000 school year under the provisions of subsection (E), 17 (H), and (J) of this Section is less than the amount of 18 general State aid allocated to the district for the 1998-1999 19 school year under these subsections, then the general State 20 aid of the district for the 1999-2000 school year only shall 21 be increased by the difference between these amounts. The 22 total payments made under this paragraph (5) shall not exceed 23 $14,000,000. Claims shall be prorated if they exceed 24 $14,000,000. 25 (H) Supplemental General State Aid. 26 (1) In addition to the general State aid a school 27 district is allotted pursuant to subsection (E), qualifying 28 school districts shall receive a grant, paid in conjunction 29 with a district's payments of general State aid, for 30 supplemental general State aid based upon the concentration 31 level of children from low-income households within the 32 school district. Supplemental State aid grants provided for 33 school districts under this subsection shall be appropriated 34 for distribution to school districts as part of the same line HB2110 Engrossed -16- LRB093 04758 NHT 04814 b 1 item in which the general State financial aid of school 2 districts is appropriated under this Section. For purposes of 3 this subsection, the term "Low-Income Concentration Level" 4 shall be the low-income eligible pupil count from the most 5 recently available federal census divided by the Average 6 Daily Attendance of the school district. If, however, (i) the 7 percentage decrease from the 2 most recent federal censuses 8 in the low-income eligible pupil count of a high school 9 district with fewer than 400 students exceeds by 75% or more 10 the percentage change in the total low-income eligible pupil 11 count of contiguous elementary school districts, whose 12 boundaries are coterminous with the high school district, or 13 (ii) a high school district within 2 counties and serving 5 14 elementary school districts, whose boundaries are coterminous 15 with the high school district, has a percentage decrease from 16 the 2 most recent federal censuses in the low-income eligible 17 pupil count and there is a percentage increase in the total 18 low-income eligible pupil count of a majority of the 19 elementary school districts in excess of 50% from the 2 most 20 recent federal censuses, then the high school district's 21 low-income eligible pupil count from the earlier federal 22 census shall be the number used as the low-income eligible 23 pupil count for the high school district, for purposes of 24 this subsection (H). The changes made to this paragraph (1) 25 by Public Act 92-28 shall apply to supplemental general State 26 aid grants paid in fiscal year 1999 and in each fiscal year 27 thereafter and to any State aid payments made in fiscal year 28 1994 through fiscal year 1998 pursuant to subsection 1(n) of 29 Section 18-8 of this Code (which was repealed on July 1, 30 1998), and any high school district that is affected by 31 Public Act 92-28 is entitled to a recomputation of its 32 supplemental general State aid grant or State aid paid in any 33 of those fiscal years. This recomputation shall not be 34 affected by any other funding. HB2110 Engrossed -17- LRB093 04758 NHT 04814 b 1 (2) Supplemental general State aid pursuant to this 2 subsection (H) shall be provided as follows for the 3 1998-1999, 1999-2000, and 2000-2001 school years only: 4 (a) For any school district with a Low Income 5 Concentration Level of at least 20% and less than 35%, 6 the grant for any school year shall be $800 multiplied by 7 the low income eligible pupil count. 8 (b) For any school district with a Low Income 9 Concentration Level of at least 35% and less than 50%, 10 the grant for the 1998-1999 school year shall be $1,100 11 multiplied by the low income eligible pupil count. 12 (c) For any school district with a Low Income 13 Concentration Level of at least 50% and less than 60%, 14 the grant for the 1998-99 school year shall be $1,500 15 multiplied by the low income eligible pupil count. 16 (d) For any school district with a Low Income 17 Concentration Level of 60% or more, the grant for the 18 1998-99 school year shall be $1,900 multiplied by the low 19 income eligible pupil count. 20 (e) For the 1999-2000 school year, the per pupil 21 amount specified in subparagraphs (b), (c), and (d) 22 immediately above shall be increased to $1,243, $1,600, 23 and $2,000, respectively. 24 (f) For the 2000-2001 school year, the per pupil 25 amounts specified in subparagraphs (b), (c), and (d) 26 immediately above shall be $1,273, $1,640, and $2,050, 27 respectively. 28 (2.5) Supplemental general State aid pursuant to this 29 subsection (H) shall be provided as follows for the 2002-2003 30 school year and each school year thereafter: 31 (a) For any school district with a Low Income 32 Concentration Level of less than 10%, the grant for each 33 school year shall be $355 multiplied by the low income 34 eligible pupil count. HB2110 Engrossed -18- LRB093 04758 NHT 04814 b 1 (b) For any school district with a Low Income 2 Concentration Level of at least 10% and less than 20%, 3 the grant for each school year shall be $675 multiplied 4 by the low income eligible pupil count. 5 (c) For any school district with a Low Income 6 Concentration Level of at least 20% and less than 35%, 7 the grant for each school year shall be $1,330 multiplied 8 by the low income eligible pupil count. 9 (d) For any school district with a Low Income 10 Concentration Level of at least 35% and less than 50%, 11 the grant for each school year shall be $1,362 multiplied 12 by the low income eligible pupil count. 13 (e) For any school district with a Low Income 14 Concentration Level of at least 50% and less than 60%, 15 the grant for each school year shall be $1,680 multiplied 16 by the low income eligible pupil count. 17 (f) For any school district with a Low Income 18 Concentration Level of 60% or more, the grant for each 19 school year shall be $2,080 multiplied by the low income 20 eligible pupil count. 21 (3) School districts with an Average Daily Attendance of 22 more than 1,000 and less than 50,000 that qualify for 23 supplemental general State aid pursuant to this subsection 24 shall submit a plan to the State Board of Education prior to 25 October 30 of each year for the use of the funds resulting 26 from this grant of supplemental general State aid for the 27 improvement of instruction in which priority is given to 28 meeting the education needs of disadvantaged children. Such 29 plan shall be submitted in accordance with rules and 30 regulations promulgated by the State Board of Education. 31 (4) School districts with an Average Daily Attendance of 32 50,000 or more that qualify for supplemental general State 33 aid pursuant to this subsection shall be required to 34 distribute from funds available pursuant to this Section, no HB2110 Engrossed -19- LRB093 04758 NHT 04814 b 1 less than $261,000,000 in accordance with the following 2 requirements: 3 (a) The required amounts shall be distributed to 4 the attendance centers within the district in proportion 5 to the number of pupils enrolled at each attendance 6 center who are eligible to receive free or reduced-price 7 lunches or breakfasts under the federal Child Nutrition 8 Act of 1966 and under the National School Lunch Act 9 during the immediately preceding school year. 10 (b) The distribution of these portions of 11 supplemental and general State aid among attendance 12 centers according to these requirements shall not be 13 compensated for or contravened by adjustments of the 14 total of other funds appropriated to any attendance 15 centers, and the Board of Education shall utilize funding 16 from one or several sources in order to fully implement 17 this provision annually prior to the opening of school. 18 (c) Each attendance center shall be provided by the 19 school district a distribution of noncategorical funds 20 and other categorical funds to which an attendance center 21 is entitled under law in order that the general State aid 22 and supplemental general State aid provided by 23 application of this subsection supplements rather than 24 supplants the noncategorical funds and other categorical 25 funds provided by the school district to the attendance 26 centers. 27 (d) Any funds made available under this subsection 28 that by reason of the provisions of this subsection are 29 not required to be allocated and provided to attendance 30 centers may be used and appropriated by the board of the 31 district for any lawful school purpose. 32 (e) Funds received by an attendance center pursuant 33 to this subsection shall be used by the attendance center 34 at the discretion of the principal and local school HB2110 Engrossed -20- LRB093 04758 NHT 04814 b 1 council for programs to improve educational opportunities 2 at qualifying schools through the following programs and 3 services: early childhood education, reduced class size 4 or improved adult to student classroom ratio, enrichment 5 programs, remedial assistance, attendance improvement, 6 and other educationally beneficial expenditures which 7 supplement the regular and basic programs as determined 8 by the State Board of Education. Funds provided shall not 9 be expended for any political or lobbying purposes as 10 defined by board rule. 11 (f) Each district subject to the provisions of this 12 subdivision (H)(4) shall submit an acceptable plan to 13 meet the educational needs of disadvantaged children, in 14 compliance with the requirements of this paragraph, to 15 the State Board of Education prior to July 15 of each 16 year. This plan shall be consistent with the decisions of 17 local school councils concerning the school expenditure 18 plans developed in accordance with part 4 of Section 19 34-2.3. The State Board shall approve or reject the plan 20 within 60 days after its submission. If the plan is 21 rejected, the district shall give written notice of 22 intent to modify the plan within 15 days of the 23 notification of rejection and then submit a modified plan 24 within 30 days after the date of the written notice of 25 intent to modify. Districts may amend approved plans 26 pursuant to rules promulgated by the State Board of 27 Education. 28 Upon notification by the State Board of Education 29 that the district has not submitted a plan prior to July 30 15 or a modified plan within the time period specified 31 herein, the State aid funds affected by that plan or 32 modified plan shall be withheld by the State Board of 33 Education until a plan or modified plan is submitted. 34 If the district fails to distribute State aid to HB2110 Engrossed -21- LRB093 04758 NHT 04814 b 1 attendance centers in accordance with an approved plan, 2 the plan for the following year shall allocate funds, in 3 addition to the funds otherwise required by this 4 subsection, to those attendance centers which were 5 underfunded during the previous year in amounts equal to 6 such underfunding. 7 For purposes of determining compliance with this 8 subsection in relation to the requirements of attendance 9 center funding, each district subject to the provisions 10 of this subsection shall submit as a separate document by 11 December 1 of each year a report of expenditure data for 12 the prior year in addition to any modification of its 13 current plan. If it is determined that there has been a 14 failure to comply with the expenditure provisions of this 15 subsection regarding contravention or supplanting, the 16 State Superintendent of Education shall, within 60 days 17 of receipt of the report, notify the district and any 18 affected local school council. The district shall within 19 45 days of receipt of that notification inform the State 20 Superintendent of Education of the remedial or corrective 21 action to be taken, whether by amendment of the current 22 plan, if feasible, or by adjustment in the plan for the 23 following year. Failure to provide the expenditure 24 report or the notification of remedial or corrective 25 action in a timely manner shall result in a withholding 26 of the affected funds. 27 The State Board of Education shall promulgate rules 28 and regulations to implement the provisions of this 29 subsection. No funds shall be released under this 30 subdivision (H)(4) to any district that has not submitted 31 a plan that has been approved by the State Board of 32 Education. 33 (I) General State Aid for Newly Configured School Districts. 34 (1) For a new school district formed by combining HB2110 Engrossed -22- LRB093 04758 NHT 04814 b 1 property included totally within 2 or more previously 2 existing school districts, for its first year of existence 3 the general State aid and supplemental general State aid 4 calculated under this Section shall be computed for the new 5 district and for the previously existing districts for which 6 property is totally included within the new district. If the 7 computation on the basis of the previously existing districts 8 is greater, a supplementary payment equal to the difference 9 shall be made for the first 4 years of existence of the new 10 district. 11 (2) For a school district which annexes all of the 12 territory of one or more entire other school districts, for 13 the first year during which the change of boundaries 14 attributable to such annexation becomes effective for all 15 purposes as determined under Section 7-9 or 7A-8, the general 16 State aid and supplemental general State aid calculated under 17 this Section shall be computed for the annexing district as 18 constituted after the annexation and for the annexing and 19 each annexed district as constituted prior to the annexation; 20 and if the computation on the basis of the annexing and 21 annexed districts as constituted prior to the annexation is 22 greater, a supplementary payment equal to the difference 23 shall be made for the first 4 years of existence of the 24 annexing school district as constituted upon such annexation. 25 (3) For 2 or more school districts which annex all of 26 the territory of one or more entire other school districts, 27 and for 2 or more community unit districts which result upon 28 the division (pursuant to petition under Section 11A-2) of 29 one or more other unit school districts into 2 or more parts 30 and which together include all of the parts into which such 31 other unit school district or districts are so divided, for 32 the first year during which the change of boundaries 33 attributable to such annexation or division becomes effective 34 for all purposes as determined under Section 7-9 or 11A-10, HB2110 Engrossed -23- LRB093 04758 NHT 04814 b 1 as the case may be, the general State aid and supplemental 2 general State aid calculated under this Section shall be 3 computed for each annexing or resulting district as 4 constituted after the annexation or division and for each 5 annexing and annexed district, or for each resulting and 6 divided district, as constituted prior to the annexation or 7 division; and if the aggregate of the general State aid and 8 supplemental general State aid as so computed for the 9 annexing or resulting districts as constituted after the 10 annexation or division is less than the aggregate of the 11 general State aid and supplemental general State aid as so 12 computed for the annexing and annexed districts, or for the 13 resulting and divided districts, as constituted prior to the 14 annexation or division, then a supplementary payment equal to 15 the difference shall be made and allocated between or among 16 the annexing or resulting districts, as constituted upon such 17 annexation or division, for the first 4 years of their 18 existence. The total difference payment shall be allocated 19 between or among the annexing or resulting districts in the 20 same ratio as the pupil enrollment from that portion of the 21 annexed or divided district or districts which is annexed to 22 or included in each such annexing or resulting district bears 23 to the total pupil enrollment from the entire annexed or 24 divided district or districts, as such pupil enrollment is 25 determined for the school year last ending prior to the date 26 when the change of boundaries attributable to the annexation 27 or division becomes effective for all purposes. The amount 28 of the total difference payment and the amount thereof to be 29 allocated to the annexing or resulting districts shall be 30 computed by the State Board of Education on the basis of 31 pupil enrollment and other data which shall be certified to 32 the State Board of Education, on forms which it shall provide 33 for that purpose, by the regional superintendent of schools 34 for each educational service region in which the annexing and HB2110 Engrossed -24- LRB093 04758 NHT 04814 b 1 annexed districts, or resulting and divided districts are 2 located. 3 (3.5) Claims for financial assistance under this 4 subsection (I) shall not be recomputed except as expressly 5 provided under this Section. 6 (4) Any supplementary payment made under this subsection 7 (I) shall be treated as separate from all other payments made 8 pursuant to this Section. 9 (J) Supplementary Grants in Aid. 10 (1) Notwithstanding any other provisions of this 11 Section, the amount of the aggregate general State aid in 12 combination with supplemental general State aid under this 13 Section for which each school district is eligible shall be 14 no less than the amount of the aggregate general State aid 15 entitlement that was received by the district under Section 16 18-8 (exclusive of amounts received under subsections 5(p) 17 and 5(p-5) of that Section) for the 1997-98 school year, 18 pursuant to the provisions of that Section as it was then in 19 effect. If a school district qualifies to receive a 20 supplementary payment made under this subsection (J), the 21 amount of the aggregate general State aid in combination with 22 supplemental general State aid under this Section which that 23 district is eligible to receive for each school year shall be 24 no less than the amount of the aggregate general State aid 25 entitlement that was received by the district under Section 26 18-8 (exclusive of amounts received under subsections 5(p) 27 and 5(p-5) of that Section) for the 1997-1998 school year, 28 pursuant to the provisions of that Section as it was then in 29 effect. 30 (2) If, as provided in paragraph (1) of this subsection 31 (J), a school district is to receive aggregate general State 32 aid in combination with supplemental general State aid under 33 this Section for the 1998-99 school year and any subsequent 34 school year that in any such school year is less than the HB2110 Engrossed -25- LRB093 04758 NHT 04814 b 1 amount of the aggregate general State aid entitlement that 2 the district received for the 1997-98 school year, the school 3 district shall also receive, from a separate appropriation 4 made for purposes of this subsection (J), a supplementary 5 payment that is equal to the amount of the difference in the 6 aggregate State aid figures as described in paragraph (1). 7 (3) (Blank). 8 (K) Grants to Laboratory and Alternative Schools. 9 In calculating the amount to be paid to the governing 10 board of a public university that operates a laboratory 11 school under this Section or to any alternative school that 12 is operated by a regional superintendent of schools, the 13 State Board of Education shall require by rule such reporting 14 requirements as it deems necessary. 15 As used in this Section, "laboratory school" means a 16 public school which is created and operated by a public 17 university and approved by the State Board of Education. The 18 governing board of a public university which receives funds 19 from the State Board under this subsection (K) may not 20 increase the number of students enrolled in its laboratory 21 school from a single district, if that district is already 22 sending 50 or more students, except under a mutual agreement 23 between the school board of a student's district of residence 24 and the university which operates the laboratory school. A 25 laboratory school may not have more than 1,000 students, 26 excluding students with disabilities in a special education 27 program. 28 As used in this Section, "alternative school" means a 29 public school which is created and operated by a Regional 30 Superintendent of Schools and approved by the State Board of 31 Education. Such alternative schools may offer courses of 32 instruction for which credit is given in regular school 33 programs, courses to prepare students for the high school 34 equivalency testing program or vocational and occupational HB2110 Engrossed -26- LRB093 04758 NHT 04814 b 1 training. A regional superintendent of schools may contract 2 with a school district or a public community college district 3 to operate an alternative school. An alternative school 4 serving more than one educational service region may be 5 established by the regional superintendents of schools of the 6 affected educational service regions. An alternative school 7 serving more than one educational service region may be 8 operated under such terms as the regional superintendents of 9 schools of those educational service regions may agree. 10 Each laboratory and alternative school shall file, on 11 forms provided by the State Superintendent of Education, an 12 annual State aid claim which states the Average Daily 13 Attendance of the school's students by month. The best 3 14 months' Average Daily Attendance shall be computed for each 15 school. The general State aid entitlement shall be computed 16 by multiplying the applicable Average Daily Attendance by the 17 Foundation Level as determined under this Section. 18 (L) Payments, Additional Grants in Aid and Other 19 Requirements. 20 (1) For a school district operating under the financial 21 supervision of an Authority created under Article 34A, the 22 general State aid otherwise payable to that district under 23 this Section, but not the supplemental general State aid, 24 shall be reduced by an amount equal to the budget for the 25 operations of the Authority as certified by the Authority to 26 the State Board of Education, and an amount equal to such 27 reduction shall be paid to the Authority created for such 28 district for its operating expenses in the manner provided in 29 Section 18-11. The remainder of general State school aid for 30 any such district shall be paid in accordance with Article 31 34A when that Article provides for a disposition other than 32 that provided by this Article. 33 (2) (Blank). 34 (3) Summer school. Summer school payments shall be made HB2110 Engrossed -27- LRB093 04758 NHT 04814 b 1 as provided in Section 18-4.3. 2 (M) Education Funding Advisory Board. 3 The Education Funding Advisory Board, hereinafter in this 4 subsection (M) referred to as the "Board", is hereby created. 5 The Board shall consist of 5 members who are appointed by the 6 Governor, by and with the advice and consent of the Senate. 7 The members appointed shall include representatives of 8 education, business, and the general public. One of the 9 members so appointed shall be designated by the Governor at 10 the time the appointment is made as the chairperson of the 11 Board. The initial members of the Board may be appointed any 12 time after the effective date of this amendatory Act of 1997. 13 The regular term of each member of the Board shall be for 4 14 years from the third Monday of January of the year in which 15 the term of the member's appointment is to commence, except 16 that of the 5 initial members appointed to serve on the 17 Board, the member who is appointed as the chairperson shall 18 serve for a term that commences on the date of his or her 19 appointment and expires on the third Monday of January, 2002, 20 and the remaining 4 members, by lots drawn at the first 21 meeting of the Board that is held after all 5 members are 22 appointed, shall determine 2 of their number to serve for 23 terms that commence on the date of their respective 24 appointments and expire on the third Monday of January, 2001, 25 and 2 of their number to serve for terms that commence on the 26 date of their respective appointments and expire on the third 27 Monday of January, 2000. All members appointed to serve on 28 the Board shall serve until their respective successors are 29 appointed and confirmed. Vacancies shall be filled in the 30 same manner as original appointments. If a vacancy in 31 membership occurs at a time when the Senate is not in 32 session, the Governor shall make a temporary appointment 33 until the next meeting of the Senate, when he or she shall 34 appoint, by and with the advice and consent of the Senate, a HB2110 Engrossed -28- LRB093 04758 NHT 04814 b 1 person to fill that membership for the unexpired term. If 2 the Senate is not in session when the initial appointments 3 are made, those appointments shall be made as in the case of 4 vacancies. 5 The Education Funding Advisory Board shall be deemed 6 established, and the initial members appointed by the 7 Governor to serve as members of the Board shall take office, 8 on the date that the Governor makes his or her appointment of 9 the fifth initial member of the Board, whether those initial 10 members are then serving pursuant to appointment and 11 confirmation or pursuant to temporary appointments that are 12 made by the Governor as in the case of vacancies. 13 The State Board of Education shall provide such staff 14 assistance to the Education Funding Advisory Board as is 15 reasonably required for the proper performance by the Board 16 of its responsibilities. 17 For school years after the 2000-2001 school year, the 18 Education Funding Advisory Board, in consultation with the 19 State Board of Education, shall make recommendations as 20 provided in this subsection (M) to the General Assembly for 21 the foundation level under subdivision (B)(3) of this Section 22 and for the supplemental general State aid grant level under 23 subsection (H) of this Section for districts with high 24 concentrations of children from poverty. The recommended 25 foundation level shall be determined based on a methodology 26 which incorporates the basic education expenditures of 27 low-spending schools exhibiting high academic performance. 28 The Education Funding Advisory Board shall make such 29 recommendations to the General Assembly on January 1 of odd 30 numbered years, beginning January 1, 2001. 31 (N) (Blank). 32 (O) References. 33 (1) References in other laws to the various subdivisions HB2110 Engrossed -29- LRB093 04758 NHT 04814 b 1 of Section 18-8 as that Section existed before its repeal and 2 replacement by this Section 18-8.05 shall be deemed to refer 3 to the corresponding provisions of this Section 18-8.05, to 4 the extent that those references remain applicable. 5 (2) References in other laws to State Chapter 1 funds 6 shall be deemed to refer to the supplemental general State 7 aid provided under subsection (H) of this Section. 8 (Source: P.A. 91-24, eff. 7-1-99; 91-93, eff. 7-9-99; 91-96, 9 eff. 7-9-99; 91-111, eff. 7-14-99; 91-357, eff. 7-29-99; 10 91-533, eff. 8-13-99; 92-7, eff. 6-29-01; 92-16, eff. 11 6-28-01; 92-28, eff. 7-1-01; 92-29, eff. 7-1-01; 92-269, eff. 12 8-7-01; 92-604, eff. 7-1-02; 92-636, eff. 7-11-02; 92-651, 13 eff. 7-11-02; revised 7-26-02.)