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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, | |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 5. The School Code is amended by changing Section | |||||||||||||||||||
5 | 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 common | |||||||||||||||||||
9 | schools for the
the 1998-1999 and
subsequent school years.
| |||||||||||||||||||
10 | (A) General Provisions.
| |||||||||||||||||||
11 | (1) The provisions of this Section apply to the 1998-1999 | |||||||||||||||||||
12 | and subsequent
school years. The system of general State | |||||||||||||||||||
13 | financial aid provided for in this
Section
is designed to | |||||||||||||||||||
14 | assure that, through a combination of State financial aid and
| |||||||||||||||||||
15 | required local resources, the financial support provided each | |||||||||||||||||||
16 | pupil in Average
Daily Attendance equals or exceeds a
| |||||||||||||||||||
17 | prescribed per pupil Foundation Level. This formula approach | |||||||||||||||||||
18 | imputes a level
of per pupil Available Local Resources and | |||||||||||||||||||
19 | provides for the basis to calculate
a per pupil level of | |||||||||||||||||||
20 | general State financial aid that, when added to Available
Local | |||||||||||||||||||
21 | Resources, equals or exceeds the Foundation Level. The
amount | |||||||||||||||||||
22 | of per pupil general State financial aid for school districts, | |||||||||||||||||||
23 | in
general, varies in inverse
relation to Available Local | |||||||||||||||||||
24 | Resources. Per pupil amounts are based upon
each school | |||||||||||||||||||
25 | district's Average Daily Attendance as that term is defined in | |||||||||||||||||||
26 | this
Section.
| |||||||||||||||||||
27 | (2) In addition to general State financial aid, school | |||||||||||||||||||
28 | districts with
specified levels or concentrations of pupils | |||||||||||||||||||
29 | from low income households are
eligible to receive supplemental | |||||||||||||||||||
30 | general State financial aid grants as provided
pursuant to | |||||||||||||||||||
31 | subsection (H).
The supplemental State aid grants provided for |
| |||||||
| |||||||
1 | school districts under
subsection (H) shall be appropriated for | ||||||
2 | distribution to school districts as
part of the same line item | ||||||
3 | in which the general State financial aid of school
districts is | ||||||
4 | appropriated under this Section.
| ||||||
5 | (3) To receive financial assistance under this Section, | ||||||
6 | school districts
are required to file claims with the State | ||||||
7 | Board of Education, subject to the
following requirements:
| ||||||
8 | (a) Any school district which fails for any given | ||||||
9 | school year to maintain
school as required by law, or to | ||||||
10 | maintain a recognized school is not
eligible to file for | ||||||
11 | such school year any claim upon the Common School
Fund. In | ||||||
12 | case of nonrecognition of one or more attendance centers in | ||||||
13 | a
school district otherwise operating recognized schools, | ||||||
14 | the claim of the
district shall be reduced in the | ||||||
15 | proportion which the Average Daily
Attendance in the | ||||||
16 | attendance center or centers bear to the Average Daily
| ||||||
17 | Attendance in the school district. A "recognized school" | ||||||
18 | means any
public school which meets the standards as | ||||||
19 | established for recognition
by the State Board of | ||||||
20 | Education. A school district or attendance center
not | ||||||
21 | having recognition status at the end of a school term is | ||||||
22 | entitled to
receive State aid payments due upon a legal | ||||||
23 | claim which was filed while
it was recognized.
| ||||||
24 | (b) School district claims filed under this Section are | ||||||
25 | subject to
Sections 18-9, 18-10, and 18-12, except as | ||||||
26 | otherwise provided in this
Section.
| ||||||
27 | (c) If a school district operates a full year school | ||||||
28 | under Section
10-19.1, the general State aid to the school | ||||||
29 | district shall be determined
by the State Board of | ||||||
30 | Education in accordance with this Section as near as
may be | ||||||
31 | applicable.
| ||||||
32 | (d) (Blank).
| ||||||
33 | (4) Except as provided in subsections (H) and (L), the | ||||||
34 | board of any district
receiving any of the grants provided for | ||||||
35 | in this Section may apply those funds
to any fund so received | ||||||
36 | for which that board is authorized to make expenditures
by law.
|
| |||||||
| |||||||
1 | School districts are not required to exert a minimum | ||||||
2 | Operating Tax Rate in
order to qualify for assistance under | ||||||
3 | this Section.
| ||||||
4 | (5) As used in this Section the following terms, when | ||||||
5 | capitalized, shall
have the meaning ascribed herein:
| ||||||
6 | (a) "Average Daily Attendance": A count of pupil | ||||||
7 | attendance in school,
averaged as provided for in | ||||||
8 | subsection (C) and utilized in deriving per pupil
financial | ||||||
9 | support levels.
| ||||||
10 | (b) "Available Local Resources": A computation of | ||||||
11 | local financial
support, calculated on the basis of Average | ||||||
12 | Daily Attendance and derived as
provided pursuant to | ||||||
13 | subsection (D).
| ||||||
14 | (c) "Corporate Personal Property Replacement Taxes": | ||||||
15 | Funds paid to local
school districts pursuant to "An Act in | ||||||
16 | relation to the abolition of ad valorem
personal property | ||||||
17 | tax and the replacement of revenues lost thereby, and
| ||||||
18 | amending and repealing certain Acts and parts of Acts in | ||||||
19 | connection therewith",
certified August 14, 1979, as | ||||||
20 | amended (Public Act 81-1st S.S.-1).
| ||||||
21 | (d) "Foundation Level": A prescribed level of per pupil | ||||||
22 | financial support
as provided for in subsection (B).
| ||||||
23 | (e) "Operating Tax Rate": All school district property | ||||||
24 | taxes extended for
all purposes, except Bond and
Interest, | ||||||
25 | Summer School, Rent, Capital Improvement, and Vocational | ||||||
26 | Education
Building purposes.
| ||||||
27 | (B) Foundation Level.
| ||||||
28 | (1) The Foundation Level is a figure established by the | ||||||
29 | State representing
the minimum level of per pupil financial | ||||||
30 | support that should be available to
provide for the basic | ||||||
31 | education of each pupil in
Average Daily Attendance. As set | ||||||
32 | forth in this Section, each school district
is assumed to exert
| ||||||
33 | a sufficient local taxing effort such that, in combination with | ||||||
34 | the aggregate
of general State
financial aid provided the | ||||||
35 | district, an aggregate of State and local resources
are |
| |||||||
| |||||||
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.
| ||||||
11 | (3) For the 2005-2006 school year and each school year | ||||||
12 | thereafter,
the Foundation Level of support is $5,164 or such | ||||||
13 | greater amount as
may be established by law by the General | ||||||
14 | Assembly.
| ||||||
15 | (C) Average Daily Attendance.
| ||||||
16 | (1) For purposes of calculating general State aid pursuant | ||||||
17 | to subsection
(E), an Average Daily Attendance figure shall be | ||||||
18 | utilized. The Average Daily
Attendance figure for formula
| ||||||
19 | calculation purposes shall be the monthly average of the actual | ||||||
20 | number of
pupils in attendance of
each school district, as | ||||||
21 | further averaged for the best 3 months of pupil
attendance for | ||||||
22 | each
school district. In compiling the figures for the number | ||||||
23 | of pupils in
attendance, school districts
and the State Board | ||||||
24 | of Education shall, for purposes of general State aid
funding, | ||||||
25 | conform
attendance figures to the requirements of subsection | ||||||
26 | (F).
| ||||||
27 | (2) The Average Daily Attendance figures utilized in | ||||||
28 | subsection (E) shall be
the requisite attendance data for the | ||||||
29 | school year immediately preceding
the
school year for which | ||||||
30 | general State aid is being calculated
or the average of the | ||||||
31 | attendance data for the 3 preceding school
years, whichever is | ||||||
32 | greater. The Average Daily Attendance figures
utilized in | ||||||
33 | subsection (H) shall be the requisite attendance data for the
| ||||||
34 | school year immediately preceding the school year for which | ||||||
35 | general
State aid is being calculated.
|
| |||||||
| |||||||
1 | (D) Available Local Resources.
| ||||||
2 | (1) For purposes of calculating general State aid pursuant | ||||||
3 | to subsection
(E), a representation of Available Local | ||||||
4 | Resources per pupil, as that term is
defined and determined in | ||||||
5 | this subsection, shall be utilized. Available Local
Resources | ||||||
6 | per pupil shall include a calculated
dollar amount representing | ||||||
7 | local school district revenues from local property
taxes and | ||||||
8 | from
Corporate Personal Property Replacement Taxes, expressed | ||||||
9 | on the basis of pupils
in Average
Daily Attendance. Calculation | ||||||
10 | of Available Local Resources shall exclude any tax amnesty | ||||||
11 | funds received as a result of Public Act 93-26.
| ||||||
12 | (2) In determining a school district's revenue from local | ||||||
13 | property taxes,
the State Board of Education shall utilize the | ||||||
14 | equalized assessed valuation of
all taxable property of each | ||||||
15 | school
district as of September 30 of the previous year. The | ||||||
16 | equalized assessed
valuation utilized shall
be obtained and | ||||||
17 | determined as provided in subsection (G).
| ||||||
18 | (3) For school districts maintaining grades kindergarten | ||||||
19 | through 12, local
property tax
revenues per pupil shall be | ||||||
20 | calculated as the product of the applicable
equalized assessed
| ||||||
21 | valuation for the district multiplied by 3.00%, and divided by | ||||||
22 | the district's
Average Daily
Attendance figure. For school | ||||||
23 | districts maintaining grades kindergarten
through 8, local
| ||||||
24 | property tax revenues per pupil shall be calculated as the | ||||||
25 | product of the
applicable equalized
assessed valuation for the | ||||||
26 | district multiplied by 2.30%, and divided by the
district's | ||||||
27 | Average
Daily Attendance figure. For school districts | ||||||
28 | maintaining grades 9 through 12,
local property
tax revenues | ||||||
29 | per pupil shall be the applicable equalized assessed valuation | ||||||
30 | of
the district
multiplied by 1.05%, and divided by the | ||||||
31 | district's Average Daily
Attendance
figure.
| ||||||
32 | (4) The Corporate Personal Property Replacement Taxes paid | ||||||
33 | to each school
district during the calendar year 2 years before | ||||||
34 | the calendar year in which a
school year begins, divided by the | ||||||
35 | Average Daily Attendance figure for that
district, shall be |
| |||||||
| |||||||
1 | added to the local property tax revenues per pupil as
derived | ||||||
2 | by the application of the immediately preceding paragraph (3). | ||||||
3 | The sum
of these per pupil figures for each school district | ||||||
4 | shall constitute Available
Local Resources as that term is | ||||||
5 | utilized in subsection (E) in the calculation
of general State | ||||||
6 | aid.
| ||||||
7 | (E) Computation of General State Aid.
| ||||||
8 | (1) For each school year, the amount of general State aid | ||||||
9 | allotted to a
school district shall be computed by the State | ||||||
10 | Board of Education as provided
in this subsection.
| ||||||
11 | (2) For any school district for which Available Local | ||||||
12 | Resources per pupil
is less than the product of 0.93 times the | ||||||
13 | Foundation Level, general State aid
for that district shall be | ||||||
14 | calculated as an amount equal to the Foundation
Level minus | ||||||
15 | Available Local Resources, multiplied by the Average Daily
| ||||||
16 | Attendance of the school district.
| ||||||
17 | (3) For any school district for which Available Local | ||||||
18 | Resources per pupil
is equal to or greater than the product of | ||||||
19 | 0.93 times the Foundation Level and
less than the product of | ||||||
20 | 1.75 times the Foundation Level, the general State aid
per | ||||||
21 | pupil shall be a decimal proportion of the Foundation Level | ||||||
22 | derived using a
linear algorithm. Under this linear algorithm, | ||||||
23 | the calculated general State
aid per pupil shall decline in | ||||||
24 | direct linear fashion from 0.07 times the
Foundation Level for | ||||||
25 | a school district with Available Local Resources equal to
the | ||||||
26 | product of 0.93 times the Foundation Level, to 0.05 times the | ||||||
27 | Foundation
Level for a school district with Available Local | ||||||
28 | Resources equal to the product
of 1.75 times the Foundation | ||||||
29 | Level. The allocation of general
State aid for school districts | ||||||
30 | subject to this paragraph 3 shall be the
calculated general | ||||||
31 | State aid
per pupil figure multiplied by the Average Daily | ||||||
32 | Attendance of the school
district.
| ||||||
33 | (4) For any school district for which Available Local | ||||||
34 | Resources per pupil
equals or exceeds the product of 1.75 times | ||||||
35 | the Foundation Level, the general
State aid for the school |
| |||||||
| |||||||
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 | ||||||
26 | September and any
days of attendance in June shall be added | ||||||
27 | to the month of May.
| ||||||
28 | (b) In districts in which all buildings hold year-round | ||||||
29 | classes,
days of attendance in July and August shall be | ||||||
30 | added to the month
of September and any days of attendance | ||||||
31 | in June shall be added to
the month of May.
| ||||||
32 | (c) In districts in which some buildings, but not all, | ||||||
33 | hold
year-round classes, for the non-year-round buildings, | ||||||
34 | days of
attendance in August shall be added to the month of | ||||||
35 | September
and any days of attendance in June shall be added |
| |||||||
| |||||||
1 | to the month of
May. The average daily attendance for the | ||||||
2 | year-round buildings
shall be computed as provided in | ||||||
3 | subdivision (b) of this paragraph
(1). To calculate the | ||||||
4 | Average Daily Attendance for the district, the
average | ||||||
5 | daily attendance for the year-round buildings shall be
| ||||||
6 | multiplied by the days in session for the non-year-round | ||||||
7 | buildings
for each month and added to the monthly | ||||||
8 | attendance of the
non-year-round buildings.
| ||||||
9 | Except as otherwise provided in this Section, days of
| ||||||
10 | attendance by pupils shall be counted only for sessions of not | ||||||
11 | less than
5 clock hours of school work per day under direct | ||||||
12 | supervision of: (i)
teachers, or (ii) non-teaching personnel or | ||||||
13 | volunteer personnel when engaging
in non-teaching duties and | ||||||
14 | supervising in those instances specified in
subsection (a) of | ||||||
15 | Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils | ||||||
16 | of legal school age and in kindergarten and grades 1 through | ||||||
17 | 12.
| ||||||
18 | Days of attendance by tuition pupils shall be accredited | ||||||
19 | only to the
districts that pay the tuition to a recognized | ||||||
20 | school.
| ||||||
21 | (2) Days of attendance by pupils of less than 5 clock hours | ||||||
22 | of school
shall be subject to the following provisions in the | ||||||
23 | compilation of Average
Daily Attendance.
| ||||||
24 | (a) Pupils regularly enrolled in a public school for | ||||||
25 | only a part of
the school day may be counted on the basis | ||||||
26 | of 1/6 day for every class hour
of instruction of 40 | ||||||
27 | minutes or more attended pursuant to such enrollment,
| ||||||
28 | unless a pupil is
enrolled in a block-schedule format of 80 | ||||||
29 | minutes or more of instruction,
in which case the pupil may | ||||||
30 | be counted on the basis of the proportion of
minutes of | ||||||
31 | school work completed each day to the minimum number of
| ||||||
32 | minutes that school work is required to be held that day.
| ||||||
33 | (b) Days of attendance may be less than 5 clock hours | ||||||
34 | on the opening
and closing of the school term, and upon the | ||||||
35 | first day of pupil
attendance, if preceded by a day or days | ||||||
36 | utilized as an institute or
teachers' workshop.
|
| |||||||
| |||||||
1 | (c) A session of 4 or more clock hours may be counted | ||||||
2 | as a day of
attendance upon certification by the regional | ||||||
3 | superintendent, and
approved by the State Superintendent | ||||||
4 | of Education to the extent that the
district has been | ||||||
5 | forced to use daily multiple sessions.
| ||||||
6 | (d) A session of 3 or more clock hours may be counted | ||||||
7 | as a day of
attendance (1) when the remainder of the school | ||||||
8 | day or at least
2 hours in the evening of that day is | ||||||
9 | utilized for an
in-service training program for teachers, | ||||||
10 | up to a maximum of 5 days per
school year of which a | ||||||
11 | maximum of 4 days of such 5 days may be used for
| ||||||
12 | parent-teacher conferences, provided a district conducts | ||||||
13 | an in-service
training program for teachers which has been | ||||||
14 | approved by the State
Superintendent of Education; or, in | ||||||
15 | lieu of 4 such days, 2 full days may
be used, in which | ||||||
16 | event each such day
may be counted as a day of attendance; | ||||||
17 | and (2) when days in
addition to
those provided in item (1) | ||||||
18 | are scheduled by a school pursuant to its school
| ||||||
19 | improvement plan adopted under Article 34 or its revised or | ||||||
20 | amended school
improvement plan adopted under Article 2, | ||||||
21 | provided that (i) such sessions of
3 or more clock hours | ||||||
22 | are scheduled to occur at regular intervals, (ii) the
| ||||||
23 | remainder of the school days in which such sessions occur | ||||||
24 | are utilized
for in-service training programs or other | ||||||
25 | staff development activities for
teachers, and (iii) a | ||||||
26 | sufficient number of minutes of school work under the
| ||||||
27 | direct supervision of teachers are added to the school days | ||||||
28 | between such
regularly scheduled sessions to accumulate | ||||||
29 | not less than the number of minutes
by which such sessions | ||||||
30 | of 3 or more clock hours fall short of 5 clock hours.
Any | ||||||
31 | full days used for the purposes of this paragraph shall not | ||||||
32 | be considered
for
computing average daily attendance. Days | ||||||
33 | scheduled for in-service training
programs, staff | ||||||
34 | development activities, or parent-teacher conferences may | ||||||
35 | be
scheduled separately for different
grade levels and | ||||||
36 | different attendance centers of the district.
|
| |||||||
| |||||||
1 | (e) A session of not less than one clock hour of | ||||||
2 | teaching
hospitalized or homebound pupils on-site or by | ||||||
3 | telephone to the classroom may
be counted as 1/2 day of | ||||||
4 | attendance, however these pupils must receive 4 or
more | ||||||
5 | clock hours of instruction to be counted for a full day of | ||||||
6 | attendance.
| ||||||
7 | (f) A session of at least 4 clock hours may be counted | ||||||
8 | as a day of
attendance for first grade pupils, and pupils | ||||||
9 | in full day kindergartens,
and a session of 2 or more hours | ||||||
10 | may be counted as 1/2 day of attendance by
pupils in | ||||||
11 | kindergartens which provide only 1/2 day of attendance.
| ||||||
12 | (g) For children with disabilities who are below the | ||||||
13 | age of 6 years and
who
cannot attend 2 or more clock hours | ||||||
14 | because of their disability or
immaturity, a session of not | ||||||
15 | less than one clock hour may be counted as 1/2 day
of | ||||||
16 | attendance; however for such children whose educational | ||||||
17 | needs so require
a session of 4 or more clock hours may be | ||||||
18 | counted as a full day of attendance.
| ||||||
19 | (h) A recognized kindergarten which provides for only | ||||||
20 | 1/2 day of
attendance by each pupil shall not have more | ||||||
21 | than 1/2 day of attendance
counted in any one day. However, | ||||||
22 | kindergartens may count 2 1/2 days
of
attendance in any 5 | ||||||
23 | consecutive school days. When a pupil attends such a
| ||||||
24 | kindergarten for 2 half days on any one school day, the | ||||||
25 | pupil shall have
the following day as a day absent from | ||||||
26 | school, unless the school district
obtains permission in | ||||||
27 | writing from the State Superintendent of Education.
| ||||||
28 | Attendance at kindergartens which provide for a full day of | ||||||
29 | attendance by
each pupil shall be counted the same as | ||||||
30 | attendance by first grade pupils.
Only the first year of | ||||||
31 | attendance in one kindergarten shall be counted,
except in | ||||||
32 | case of children who entered the kindergarten in their | ||||||
33 | fifth year
whose educational development requires a second | ||||||
34 | year of kindergarten as
determined under the rules and | ||||||
35 | regulations of the State Board of Education.
| ||||||
36 | (i) On the days when the Prairie State Achievement |
| |||||||
| |||||||
1 | Examination is
administered under subsection (c) of | ||||||
2 | Section 2-3.64 of this Code, the day
of attendance for a | ||||||
3 | pupil whose school
day must be shortened to accommodate | ||||||
4 | required testing procedures may
be less than 5 clock hours | ||||||
5 | and shall be counted towards the 176 days of actual pupil | ||||||
6 | attendance required under Section 10-19 of this Code, | ||||||
7 | provided that a sufficient number of minutes
of school work | ||||||
8 | in excess of 5 clock hours are first completed on other | ||||||
9 | school
days to compensate for the loss of school work on | ||||||
10 | the examination days.
| ||||||
11 | (G) Equalized Assessed Valuation Data.
| ||||||
12 | (1) For purposes of the calculation of Available Local | ||||||
13 | Resources required
pursuant to subsection (D), the
State Board | ||||||
14 | of Education shall secure from the Department of
Revenue the | ||||||
15 | value as equalized or assessed by the Department of Revenue of
| ||||||
16 | all taxable property of every school district, together with | ||||||
17 | (i) the applicable
tax rate used in extending taxes for the | ||||||
18 | funds of the district as of
September 30 of the previous year
| ||||||
19 | and (ii) the limiting rate for all school
districts subject to | ||||||
20 | property tax extension limitations as imposed under the
| ||||||
21 | Property Tax Extension Limitation Law.
| ||||||
22 | The Department of Revenue shall add to the equalized | ||||||
23 | assessed value of all
taxable
property of each school district | ||||||
24 | situated entirely or partially within a county
that is or was | ||||||
25 | subject to the alternative general homestead exemption | ||||||
26 | provisions of Section 15-176 of the Property Tax Code (a)
an | ||||||
27 | amount equal to the total amount by which the
homestead | ||||||
28 | exemption allowed under Section 15-176 of the Property Tax Code | ||||||
29 | for
real
property situated in that school district exceeds the | ||||||
30 | total amount that would
have been
allowed in that school | ||||||
31 | district if the maximum reduction under Section 15-176
was
(i) | ||||||
32 | $4,500 in Cook County or $3,500 in all other counties in tax | ||||||
33 | year 2003 or (ii) $5,000 in all counties in tax year 2004 and | ||||||
34 | thereafter and (b) an amount equal to the aggregate amount for | ||||||
35 | the taxable year of all additional exemptions under Section |
| |||||||
| |||||||
1 | 15-175 of the Property Tax Code for owners with a household | ||||||
2 | income of $30,000 or less. The county clerk of any county that | ||||||
3 | is or was subject to the alternative general homestead | ||||||
4 | exemption provisions of Section 15-176 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 of the Property Tax Code and all | ||||||
8 | amounts of additional exemptions under Section 15-175 of the | ||||||
9 | Property Tax Code for owners with a household income of $30,000 | ||||||
10 | or less. It is the intent of this paragraph that if the general | ||||||
11 | homestead exemption for a parcel of property is determined | ||||||
12 | under Section 15-176 of the Property Tax Code rather than | ||||||
13 | Section 15-175, then the calculation of Available Local | ||||||
14 | Resources shall not be affected by the difference, if any, | ||||||
15 | between the amount of the general homestead exemption allowed | ||||||
16 | for that parcel of property under Section 15-176 of the | ||||||
17 | Property Tax Code and the amount that would have been allowed | ||||||
18 | had the general homestead exemption for that parcel of property | ||||||
19 | been determined under Section 15-175 of the Property Tax Code. | ||||||
20 | It is further the intent of this paragraph that if additional | ||||||
21 | exemptions are allowed under Section 15-175 of the Property Tax | ||||||
22 | Code for owners with a household income of less than $30,000, | ||||||
23 | then the calculation of Available Local Resources shall not be | ||||||
24 | affected by the difference, if any, because of those additional | ||||||
25 | exemptions.
| ||||||
26 | This equalized assessed valuation, as adjusted further by | ||||||
27 | the requirements of
this subsection, shall be utilized in the | ||||||
28 | calculation of Available Local
Resources.
| ||||||
29 | (2) The equalized assessed valuation in paragraph (1) shall | ||||||
30 | be adjusted, as
applicable, in the following manner:
| ||||||
31 | (a) For the purposes of calculating State aid under | ||||||
32 | this Section,
with respect to any part of a school district | ||||||
33 | within a redevelopment
project area in respect to which a | ||||||
34 | municipality has adopted tax
increment allocation | ||||||
35 | financing pursuant to the Tax Increment Allocation
| ||||||
36 | Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 |
| |||||||
| |||||||
1 | of the Illinois
Municipal Code or the Industrial Jobs | ||||||
2 | Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the | ||||||
3 | Illinois Municipal Code, no part of the current equalized
| ||||||
4 | assessed valuation of real property located in any such | ||||||
5 | project area which is
attributable to an increase above the | ||||||
6 | total initial equalized assessed
valuation of such | ||||||
7 | property shall be used as part of the equalized assessed
| ||||||
8 | valuation of the district, until such time as all
| ||||||
9 | redevelopment project costs have been paid, as provided in | ||||||
10 | Section 11-74.4-8
of the Tax Increment Allocation | ||||||
11 | Redevelopment Act or in Section 11-74.6-35 of
the | ||||||
12 | Industrial Jobs Recovery Law. For the purpose of
the | ||||||
13 | equalized assessed valuation of the
district, the total | ||||||
14 | initial equalized assessed valuation or the current
| ||||||
15 | equalized assessed valuation, whichever is lower, shall be | ||||||
16 | used until
such time as all redevelopment project costs | ||||||
17 | have been paid.
| ||||||
18 | (b) The real property equalized assessed valuation for | ||||||
19 | a school district
shall be adjusted by subtracting from the | ||||||
20 | real property
value as equalized or assessed by the | ||||||
21 | Department of Revenue for the
district an amount computed | ||||||
22 | by dividing the amount of any abatement of
taxes under | ||||||
23 | Section 18-170 of the Property Tax Code by 3.00% for a | ||||||
24 | district
maintaining grades kindergarten through 12, by | ||||||
25 | 2.30% for a district
maintaining grades kindergarten | ||||||
26 | through 8, or by 1.05% for a
district
maintaining grades 9 | ||||||
27 | through 12 and adjusted by an amount computed by dividing
| ||||||
28 | the amount of any abatement of taxes under subsection (a) | ||||||
29 | of Section 18-165 of
the Property Tax Code by the same | ||||||
30 | percentage rates for district type as
specified in this | ||||||
31 | subparagraph (b).
| ||||||
32 | (3) For the 1999-2000 school year and each school year | ||||||
33 | thereafter, if a
school district meets all of the criteria of | ||||||
34 | this subsection (G)(3), the school
district's Available Local | ||||||
35 | Resources shall be calculated under subsection (D)
using the | ||||||
36 | district's Extension Limitation Equalized Assessed Valuation |
| |||||||
| |||||||
1 | as
calculated under this
subsection (G)(3).
| ||||||
2 | For purposes of this subsection (G)(3) the following terms | ||||||
3 | shall have
the following meanings:
| ||||||
4 | "Budget Year": The school year for which general State | ||||||
5 | aid is calculated
and
awarded under subsection (E).
| ||||||
6 | "Base Tax Year": The property tax levy year used to | ||||||
7 | calculate the Budget
Year
allocation of general State aid.
| ||||||
8 | "Preceding Tax Year": The property tax levy year | ||||||
9 | immediately preceding the
Base Tax Year.
| ||||||
10 | "Base Tax Year's Tax Extension": The product of the | ||||||
11 | equalized assessed
valuation utilized by the County Clerk | ||||||
12 | in the Base Tax Year multiplied by the
limiting rate as | ||||||
13 | calculated by the County Clerk and defined in the Property | ||||||
14 | Tax
Extension Limitation Law.
| ||||||
15 | "Preceding Tax Year's Tax Extension": The product of | ||||||
16 | the equalized assessed
valuation utilized by the County | ||||||
17 | Clerk in the Preceding Tax Year multiplied by
the Operating | ||||||
18 | Tax Rate as defined in subsection (A).
| ||||||
19 | "Extension Limitation Ratio": A numerical ratio, | ||||||
20 | certified by the
County Clerk, in which the numerator is | ||||||
21 | the Base Tax Year's Tax
Extension and the denominator is | ||||||
22 | the Preceding Tax Year's Tax Extension.
| ||||||
23 | "Operating Tax Rate": The operating tax rate as defined | ||||||
24 | in subsection (A).
| ||||||
25 | If a school district is subject to property tax extension | ||||||
26 | limitations as
imposed under
the Property Tax Extension | ||||||
27 | Limitation Law, the State Board of Education shall
calculate | ||||||
28 | the Extension
Limitation
Equalized Assessed Valuation of that | ||||||
29 | district. For the 1999-2000 school
year, the
Extension | ||||||
30 | Limitation Equalized Assessed Valuation of a school district as
| ||||||
31 | calculated by the State Board of Education shall be equal to | ||||||
32 | the product of the
district's 1996 Equalized Assessed Valuation | ||||||
33 | and the district's Extension
Limitation Ratio. For the | ||||||
34 | 2000-2001 school year and each school year
thereafter,
the | ||||||
35 | Extension Limitation Equalized Assessed Valuation of a school | ||||||
36 | district as
calculated by the State Board of Education shall be |
| |||||||
| |||||||
1 | equal to the product of
the Equalized Assessed Valuation last | ||||||
2 | used in the calculation of general State
aid and the
district's | ||||||
3 | Extension Limitation Ratio. If the Extension Limitation
| ||||||
4 | Equalized
Assessed Valuation of a school district as calculated | ||||||
5 | under
this subsection (G)(3) is less than the district's | ||||||
6 | equalized assessed valuation
as calculated pursuant to | ||||||
7 | subsections (G)(1) and (G)(2), then for purposes of
calculating | ||||||
8 | the district's general State aid for the Budget Year pursuant | ||||||
9 | to
subsection (E), that Extension
Limitation Equalized | ||||||
10 | Assessed Valuation shall be utilized to calculate the
| ||||||
11 | district's Available Local Resources
under subsection (D).
| ||||||
12 | (4) For the purposes of calculating general State aid for | ||||||
13 | the 1999-2000
school year only, if a school district | ||||||
14 | experienced a triennial reassessment on
the equalized assessed | ||||||
15 | valuation used in calculating its general State
financial aid | ||||||
16 | apportionment for the 1998-1999 school year, the State Board of
| ||||||
17 | Education shall calculate the Extension Limitation Equalized | ||||||
18 | Assessed Valuation
that would have been used to calculate the | ||||||
19 | district's 1998-1999 general State
aid. This amount shall equal | ||||||
20 | the product of the equalized assessed valuation
used to
| ||||||
21 | calculate general State aid for the 1997-1998 school year and | ||||||
22 | the district's
Extension Limitation Ratio. If the Extension | ||||||
23 | Limitation Equalized Assessed
Valuation of the school district | ||||||
24 | as calculated under this paragraph (4) is
less than the | ||||||
25 | district's equalized assessed valuation utilized in | ||||||
26 | calculating
the
district's 1998-1999 general State aid | ||||||
27 | allocation, then for purposes of
calculating the district's | ||||||
28 | general State aid pursuant to paragraph (5) of
subsection (E),
| ||||||
29 | that Extension Limitation Equalized Assessed Valuation shall | ||||||
30 | be utilized to
calculate the district's Available Local | ||||||
31 | Resources.
| ||||||
32 | (5) For school districts having a majority of their | ||||||
33 | equalized assessed
valuation in any county except Cook, DuPage, | ||||||
34 | Kane, Lake, McHenry, or Will, if
the amount of general State | ||||||
35 | aid allocated to the school district for the
1999-2000 school | ||||||
36 | year under the provisions of subsection (E), (H), and (J) of
|
| |||||||
| |||||||
1 | this Section is less than the amount of general State aid | ||||||
2 | allocated to the
district for the 1998-1999 school year under | ||||||
3 | these subsections, then the
general
State aid of the district | ||||||
4 | for the 1999-2000 school year only shall be increased
by the | ||||||
5 | difference between these amounts. The total payments made under | ||||||
6 | this
paragraph (5) shall not exceed $14,000,000. Claims shall | ||||||
7 | be prorated if they
exceed $14,000,000.
| ||||||
8 | (H) Supplemental General State Aid.
| ||||||
9 | (1) In addition to the general State aid a school district | ||||||
10 | is allotted
pursuant to subsection (E), qualifying school | ||||||
11 | districts shall receive a grant,
paid in conjunction with a | ||||||
12 | district's payments of general State aid, for
supplemental | ||||||
13 | general State aid based upon the concentration level of | ||||||
14 | children
from low-income households within the school | ||||||
15 | district.
Supplemental State aid grants provided for school | ||||||
16 | districts under this
subsection shall be appropriated for | ||||||
17 | distribution to school districts as part
of the same line item | ||||||
18 | in which the general State financial aid of school
districts is | ||||||
19 | appropriated under this Section.
If the appropriation in any | ||||||
20 | fiscal year for general State aid and
supplemental general | ||||||
21 | State aid is insufficient to pay the amounts required
under the | ||||||
22 | general State aid and supplemental general State aid | ||||||
23 | calculations,
then the
State Board of Education shall ensure | ||||||
24 | that
each school district receives the full amount due for | ||||||
25 | general State aid
and the remainder of the appropriation shall | ||||||
26 | be used
for supplemental general State aid, which the State | ||||||
27 | Board of Education shall
calculate and pay to eligible | ||||||
28 | districts on a prorated basis.
| ||||||
29 | (1.5) This paragraph (1.5) applies only to those school | ||||||
30 | years
preceding the 2003-2004 school year.
For purposes of this
| ||||||
31 | subsection (H), the term "Low-Income Concentration Level" | ||||||
32 | shall be the
low-income
eligible pupil count from the most | ||||||
33 | recently available federal census divided by
the Average Daily | ||||||
34 | Attendance of the school district.
If, however, (i) the | ||||||
35 | percentage decrease from the 2 most recent federal
censuses
in |
| |||||||
| |||||||
1 | the low-income eligible pupil count of a high school district | ||||||
2 | with fewer
than 400 students exceeds by 75% or more the | ||||||
3 | percentage change in the total
low-income eligible pupil count | ||||||
4 | of contiguous elementary school districts,
whose boundaries | ||||||
5 | are coterminous with the high school district,
or (ii) a high | ||||||
6 | school district within 2 counties and serving 5 elementary
| ||||||
7 | school
districts, whose boundaries are coterminous with the | ||||||
8 | high school
district, has a percentage decrease from the 2 most | ||||||
9 | recent federal
censuses in the low-income eligible pupil count | ||||||
10 | and there is a percentage
increase in the total low-income | ||||||
11 | eligible pupil count of a majority of the
elementary school | ||||||
12 | districts in excess of 50% from the 2 most recent
federal | ||||||
13 | censuses, then
the
high school district's low-income eligible | ||||||
14 | pupil count from the earlier federal
census
shall be the number | ||||||
15 | used as the low-income eligible pupil count for the high
school | ||||||
16 | district, for purposes of this subsection (H).
The changes made | ||||||
17 | to this paragraph (1) by Public Act 92-28 shall apply to
| ||||||
18 | supplemental general State aid
grants for school years | ||||||
19 | preceding the 2003-2004 school year that are paid
in fiscal | ||||||
20 | year 1999 or thereafter
and to
any State aid payments made in | ||||||
21 | fiscal year 1994 through fiscal year
1998 pursuant to | ||||||
22 | subsection 1(n) of Section 18-8 of this Code (which was
| ||||||
23 | repealed on July 1, 1998), and any high school district that is | ||||||
24 | affected by
Public Act 92-28 is
entitled to a
recomputation of | ||||||
25 | its supplemental general State aid grant or State aid
paid in | ||||||
26 | any of those fiscal years. This recomputation shall not be
| ||||||
27 | affected by any other funding.
| ||||||
28 | (1.10) This paragraph (1.10) applies to the 2003-2004 | ||||||
29 | school year
and each school year thereafter. For purposes of | ||||||
30 | this subsection (H), the
term "Low-Income Concentration Level" | ||||||
31 | shall, for each fiscal year, be the
low-income eligible
pupil | ||||||
32 | count
as of July 1 of the immediately preceding fiscal year
(as | ||||||
33 | determined by the Department of Human Services based
on the | ||||||
34 | number of pupils
who are eligible for at least one of the | ||||||
35 | following
low income programs: Medicaid, KidCare, TANF, or Food | ||||||
36 | Stamps,
excluding pupils who are eligible for services provided |
| |||||||
| |||||||
1 | by the Department
of Children and Family Services,
averaged | ||||||
2 | over
the 2 immediately preceding fiscal years for fiscal year | ||||||
3 | 2004 and over the 3
immediately preceding fiscal years for each | ||||||
4 | fiscal year thereafter)
divided by the Average Daily Attendance | ||||||
5 | of the school district.
| ||||||
6 | (2) Supplemental general State aid pursuant to this | ||||||
7 | subsection (H) shall
be
provided as follows for the 1998-1999, | ||||||
8 | 1999-2000, and 2000-2001 school years
only:
| ||||||
9 | (a) For any school district with a Low Income | ||||||
10 | Concentration Level of at
least 20% and less than 35%, the | ||||||
11 | grant for any school year
shall be $800
multiplied by the | ||||||
12 | low income eligible pupil count.
| ||||||
13 | (b) For any school district with a Low Income | ||||||
14 | Concentration Level of at
least 35% and less than 50%, the | ||||||
15 | grant for the 1998-1999 school year shall be
$1,100 | ||||||
16 | multiplied by the low income eligible pupil count.
| ||||||
17 | (c) For any school district with a Low Income | ||||||
18 | Concentration Level of at
least 50% and less than 60%, the | ||||||
19 | grant for the 1998-99 school year shall be
$1,500 | ||||||
20 | multiplied by the low income eligible pupil count.
| ||||||
21 | (d) For any school district with a Low Income | ||||||
22 | Concentration Level of 60%
or more, the grant for the | ||||||
23 | 1998-99 school year shall be $1,900 multiplied by
the low | ||||||
24 | income eligible pupil count.
| ||||||
25 | (e) For the 1999-2000 school year, the per pupil amount | ||||||
26 | specified in
subparagraphs (b), (c), and (d) immediately | ||||||
27 | above shall be increased to $1,243,
$1,600, and $2,000, | ||||||
28 | respectively.
| ||||||
29 | (f) For the 2000-2001 school year, the per pupil | ||||||
30 | amounts specified in
subparagraphs (b), (c), and (d) | ||||||
31 | immediately above shall be
$1,273, $1,640, and $2,050, | ||||||
32 | respectively.
| ||||||
33 | (2.5) Supplemental general State aid pursuant to this | ||||||
34 | subsection (H)
shall be provided as follows for the 2002-2003 | ||||||
35 | school year:
| ||||||
36 | (a) For any school district with a Low Income |
| |||||||
| |||||||
1 | Concentration Level of less
than 10%, the grant for each | ||||||
2 | school year shall be $355 multiplied by the low
income | ||||||
3 | eligible pupil count.
| ||||||
4 | (b) For any school district with a Low Income | ||||||
5 | Concentration
Level of at least 10% and less than 20%, the | ||||||
6 | grant for each school year shall
be $675
multiplied by the | ||||||
7 | low income eligible pupil
count.
| ||||||
8 | (c) For any school district with a Low Income | ||||||
9 | Concentration
Level of at least 20% and less than 35%, the | ||||||
10 | grant for each school year shall
be $1,330
multiplied by | ||||||
11 | the low income eligible pupil
count.
| ||||||
12 | (d) For any school district with a Low Income | ||||||
13 | Concentration
Level of at least 35% and less than 50%, the | ||||||
14 | grant for each school year shall
be $1,362
multiplied by | ||||||
15 | the low income eligible pupil
count.
| ||||||
16 | (e) For any school district with a Low Income | ||||||
17 | Concentration
Level of at least 50% and less than 60%, the | ||||||
18 | grant for each school year shall
be $1,680
multiplied by | ||||||
19 | the low income eligible pupil
count.
| ||||||
20 | (f) For any school district with a Low Income | ||||||
21 | Concentration
Level of 60% or more, the grant for each | ||||||
22 | school year shall be $2,080
multiplied by the low income | ||||||
23 | eligible pupil count.
| ||||||
24 | (2.10) Except as otherwise provided, supplemental general | ||||||
25 | State aid
pursuant to this subsection
(H) shall be provided as | ||||||
26 | follows for the 2003-2004 school year and each
school year | ||||||
27 | thereafter:
| ||||||
28 | (a) For any school district with a Low Income | ||||||
29 | Concentration
Level of 15% or less, the grant for each | ||||||
30 | school year
shall be $355 multiplied by the low income | ||||||
31 | eligible pupil count.
| ||||||
32 | (b) For any school district with a Low Income | ||||||
33 | Concentration
Level greater than 15%, the grant for each | ||||||
34 | school year shall be
$294.25 added to the product of $2,700 | ||||||
35 | and the square of the Low
Income Concentration Level, all | ||||||
36 | multiplied by the low income
eligible pupil count.
|
| |||||||
| |||||||
1 | For the 2003-2004 school year, 2004-2005 school year,
and | ||||||
2 | 2005-2006 school year only, the grant shall be no less than the
| ||||||
3 | grant
for
the 2002-2003 school year. For the 2006-2007 school | ||||||
4 | year only, the grant shall
be no
less than the grant for the | ||||||
5 | 2002-2003 school year multiplied by 0.66. For the
2007-2008
| ||||||
6 | school year only, the grant shall be no less than the grant for | ||||||
7 | the 2002-2003
school year
multiplied by 0.33. Notwithstanding | ||||||
8 | the provisions of this paragraph to the contrary, if for any | ||||||
9 | school year supplemental general State aid grants are prorated | ||||||
10 | as provided in paragraph (1) of this subsection (H), then the | ||||||
11 | grants under this paragraph shall be prorated.
| ||||||
12 | For the 2003-2004 school year only, the grant shall be no | ||||||
13 | greater
than the grant received during the 2002-2003 school | ||||||
14 | year added to the
product of 0.25 multiplied by the difference | ||||||
15 | between the grant amount
calculated under subsection (a) or (b) | ||||||
16 | of this paragraph (2.10), whichever
is applicable, and the | ||||||
17 | grant received during the 2002-2003 school year.
For the | ||||||
18 | 2004-2005 school year only, the grant shall be no greater than
| ||||||
19 | the grant received during the 2002-2003 school year added to | ||||||
20 | the
product of 0.50 multiplied by the difference between the | ||||||
21 | grant amount
calculated under subsection (a) or (b) of this | ||||||
22 | paragraph (2.10), whichever
is applicable, and the grant | ||||||
23 | received during the 2002-2003 school year.
For the 2005-2006 | ||||||
24 | school year only, the grant shall be no greater than
the grant | ||||||
25 | received during the 2002-2003 school year added to the
product | ||||||
26 | of 0.75 multiplied by the difference between the grant amount
| ||||||
27 | calculated under subsection (a) or (b) of this paragraph | ||||||
28 | (2.10), whichever
is applicable, and the grant received during | ||||||
29 | the 2002-2003
school year.
| ||||||
30 | (3) School districts with an Average Daily Attendance of | ||||||
31 | more than 1,000
and less than 50,000 that qualify for | ||||||
32 | supplemental general State aid pursuant
to this subsection | ||||||
33 | shall submit a plan to the State Board of Education prior to
| ||||||
34 | October 30 of each year for the use of the funds resulting from | ||||||
35 | this grant of
supplemental general State aid for the | ||||||
36 | improvement of
instruction in which priority is given to |
| |||||||
| |||||||
1 | meeting the education needs of
disadvantaged children. Such | ||||||
2 | plan shall be submitted in accordance with
rules and | ||||||
3 | regulations promulgated by the State Board of Education.
| ||||||
4 | (4) School districts with an Average Daily Attendance of | ||||||
5 | 50,000 or more
that qualify for supplemental general State aid | ||||||
6 | pursuant to this subsection
shall be required to distribute | ||||||
7 | from funds available pursuant to this Section,
no less than | ||||||
8 | $261,000,000 in accordance with the following requirements:
| ||||||
9 | (a) The required amounts shall be distributed to the | ||||||
10 | attendance centers
within the district in proportion to the | ||||||
11 | number of pupils enrolled at each
attendance center who are | ||||||
12 | eligible to receive free or reduced-price lunches or
| ||||||
13 | breakfasts under the federal Child Nutrition Act of 1966 | ||||||
14 | and under the National
School Lunch Act during the | ||||||
15 | immediately preceding school year.
| ||||||
16 | (b) The distribution of these portions of supplemental | ||||||
17 | and general State
aid among attendance centers according to | ||||||
18 | these requirements shall not be
compensated for or | ||||||
19 | contravened by adjustments of the total of other funds
| ||||||
20 | appropriated to any attendance centers, and the Board of | ||||||
21 | Education shall
utilize funding from one or several sources | ||||||
22 | in order to fully implement this
provision annually prior | ||||||
23 | to the opening of school.
| ||||||
24 | (c) Each attendance center shall be provided by the
| ||||||
25 | school district a distribution of noncategorical funds and | ||||||
26 | other
categorical funds to which an attendance center is | ||||||
27 | entitled under law in
order that the general State aid and | ||||||
28 | supplemental general State aid provided
by application of | ||||||
29 | this subsection supplements rather than supplants the
| ||||||
30 | noncategorical funds and other categorical funds provided | ||||||
31 | by the school
district to the attendance centers.
| ||||||
32 | (d) Any funds made available under this subsection that | ||||||
33 | by reason of the
provisions of this subsection are not
| ||||||
34 | required to be allocated and provided to attendance centers | ||||||
35 | may be used and
appropriated by the board of the district | ||||||
36 | for any lawful school purpose.
|
| |||||||
| |||||||
1 | (e) Funds received by an attendance center
pursuant to | ||||||
2 | this
subsection shall be used
by the attendance center at | ||||||
3 | the discretion
of the principal and local school council | ||||||
4 | for programs to improve educational
opportunities at | ||||||
5 | qualifying schools through the following programs and
| ||||||
6 | services: early childhood education, reduced class size or | ||||||
7 | improved adult to
student classroom ratio, enrichment | ||||||
8 | programs, remedial assistance, attendance
improvement, and | ||||||
9 | other educationally beneficial expenditures which
| ||||||
10 | supplement
the regular and basic programs as determined by | ||||||
11 | the State Board of Education.
Funds provided shall not be | ||||||
12 | expended for any political or lobbying purposes
as defined | ||||||
13 | by board rule.
| ||||||
14 | (f) Each district subject to the provisions of this | ||||||
15 | subdivision (H)(4)
shall submit an
acceptable plan to meet | ||||||
16 | the educational needs of disadvantaged children, in
| ||||||
17 | compliance with the requirements of this paragraph, to the | ||||||
18 | State Board of
Education prior to July 15 of each year. | ||||||
19 | This plan shall be consistent with the
decisions of local | ||||||
20 | school councils concerning the school expenditure plans
| ||||||
21 | developed in accordance with part 4 of Section 34-2.3. The | ||||||
22 | State Board shall
approve or reject the plan within 60 days | ||||||
23 | after its submission. If the plan is
rejected, the district | ||||||
24 | shall give written notice of intent to modify the plan
| ||||||
25 | within 15 days of the notification of rejection and then | ||||||
26 | submit a modified plan
within 30 days after the date of the | ||||||
27 | written notice of intent to modify.
Districts may amend | ||||||
28 | approved plans pursuant to rules promulgated by the State
| ||||||
29 | Board of Education.
| ||||||
30 | Upon notification by the State Board of Education that | ||||||
31 | the district has
not submitted a plan prior to July 15 or a | ||||||
32 | modified plan within the time
period specified herein, the
| ||||||
33 | State aid funds affected by that plan or modified plan | ||||||
34 | shall be withheld by the
State Board of Education until a | ||||||
35 | plan or modified plan is submitted.
| ||||||
36 | If the district fails to distribute State aid to |
| |||||||
| |||||||
1 | attendance centers in
accordance with an approved plan, the | ||||||
2 | 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 of | ||||||
10 | 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 of | ||||||
17 | receipt of the report, notify the
district and any affected | ||||||
18 | local school council. The district shall within
45 days of | ||||||
19 | 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 report | ||||||
24 | or the
notification of remedial or corrective action in a | ||||||
25 | timely manner shall
result in a withholding of the affected | ||||||
26 | funds.
| ||||||
27 | The State Board of Education shall promulgate rules and | ||||||
28 | 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 a | ||||||
31 | 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 property | ||||||
35 | included
totally within 2 or more previously existing school |
| |||||||
| |||||||
1 | districts, for its
first year of existence the general State | ||||||
2 | aid and supplemental general State
aid calculated under this | ||||||
3 | Section
shall be computed for the new district and for the | ||||||
4 | previously existing
districts for which property is totally | ||||||
5 | included
within the new district. If the computation on the | ||||||
6 | basis of the previously
existing districts is greater, a | ||||||
7 | supplementary payment equal to the difference
shall be made for | ||||||
8 | the first 4 years of existence of the new district.
| ||||||
9 | (2) For a school district which annexes all of the | ||||||
10 | territory of one or more
entire other school districts, for the | ||||||
11 | first year during which the change
of boundaries attributable | ||||||
12 | to such annexation becomes effective for all
purposes as | ||||||
13 | determined under Section 7-9 or 7A-8, the general State aid and
| ||||||
14 | supplemental general State aid calculated
under this Section | ||||||
15 | shall be computed for the annexing district as constituted
| ||||||
16 | after the annexation and for the annexing and each annexed | ||||||
17 | district as
constituted prior to the annexation; and if the | ||||||
18 | computation on the basis of
the annexing and annexed districts | ||||||
19 | as constituted prior to the annexation is
greater, a | ||||||
20 | supplementary payment equal to the difference shall be made for
| ||||||
21 | the first 4 years of existence of the annexing school district | ||||||
22 | as
constituted upon such annexation.
| ||||||
23 | (3) For 2 or more school districts which annex all of the | ||||||
24 | territory of
one or more entire other school districts, and for | ||||||
25 | 2 or more community unit
districts which result upon the | ||||||
26 | division (pursuant to petition under
Section 11A-2) of one or | ||||||
27 | more other unit school districts into 2 or more
parts and which | ||||||
28 | together include all of the parts into which such other
unit | ||||||
29 | school district or districts are so divided, for the first year
| ||||||
30 | during which the change of boundaries attributable to such | ||||||
31 | annexation or
division becomes effective for all purposes as | ||||||
32 | determined under Section 7-9
or 11A-10, as the case may be, the | ||||||
33 | general State aid and supplemental general
State aid calculated | ||||||
34 | under this Section
shall be computed for each annexing or | ||||||
35 | resulting district as constituted
after the annexation or | ||||||
36 | division and for each annexing and annexed
district, or for |
| |||||||
| |||||||
1 | each resulting and divided district, as constituted prior
to | ||||||
2 | the annexation or division; and if the aggregate of the general | ||||||
3 | State aid
and supplemental general State aid as so
computed for | ||||||
4 | the annexing or resulting districts as constituted after the
| ||||||
5 | annexation or division is less than the aggregate of the | ||||||
6 | general State aid and
supplemental general State aid as so | ||||||
7 | computed for the annexing and annexed
districts, or for the | ||||||
8 | resulting and divided districts, as constituted prior to
the | ||||||
9 | annexation or division, then
a supplementary payment equal to | ||||||
10 | the difference shall be made and allocated
between or among the | ||||||
11 | annexing or resulting districts, as constituted upon
such | ||||||
12 | annexation or division, for the first 4 years of their | ||||||
13 | existence. The
total difference payment shall be allocated | ||||||
14 | between or among the annexing
or resulting districts in the | ||||||
15 | same ratio as the pupil enrollment from that
portion of the | ||||||
16 | annexed or divided district or districts which is annexed to
or | ||||||
17 | included in each such annexing or resulting district bears to | ||||||
18 | the total
pupil enrollment from the entire annexed or divided | ||||||
19 | district or districts,
as such pupil enrollment is determined | ||||||
20 | for the school year last ending
prior to the date when the | ||||||
21 | change of boundaries attributable to the
annexation or division | ||||||
22 | becomes effective for all purposes. The amount of
the total | ||||||
23 | difference payment and the amount thereof to be allocated to | ||||||
24 | the
annexing or resulting districts shall be computed by the | ||||||
25 | State Board of
Education on the basis of pupil enrollment and | ||||||
26 | other data which shall be
certified to the State Board of | ||||||
27 | Education, on forms which it shall provide
for that purpose, by | ||||||
28 | the regional superintendent of schools for each
educational | ||||||
29 | service region in which the annexing and annexed districts, or
| ||||||
30 | resulting and divided districts are located.
| ||||||
31 | (3.5) Claims for financial assistance under this | ||||||
32 | subsection (I) shall
not be recomputed except as expressly | ||||||
33 | provided under this Section.
| ||||||
34 | (4) Any
supplementary payment made under this subsection | ||||||
35 | (I)
shall be treated as separate from all other payments made | ||||||
36 | pursuant to
this Section.
|
| |||||||
| |||||||
1 | (J) Supplementary Grants in Aid.
| ||||||
2 | (1) Notwithstanding any other provisions of this Section, | ||||||
3 | the amount of the
aggregate general State aid in combination | ||||||
4 | with supplemental general State aid
under this Section for | ||||||
5 | which
each school district is eligible shall be no
less than | ||||||
6 | the amount of the aggregate general State aid entitlement that | ||||||
7 | was
received by the district under Section
18-8 (exclusive of | ||||||
8 | amounts received
under subsections 5(p) and 5(p-5) of that | ||||||
9 | Section)
for the 1997-98 school year,
pursuant to the | ||||||
10 | provisions of that Section as it was then in effect.
If a | ||||||
11 | school district qualifies to receive a supplementary payment | ||||||
12 | made under
this subsection (J), the amount
of the aggregate | ||||||
13 | general State aid in combination with supplemental general
| ||||||
14 | State aid under this Section
which that district is eligible to | ||||||
15 | receive for each school year shall be no less than the amount | ||||||
16 | of the aggregate
general State aid entitlement that was | ||||||
17 | received by the district under
Section 18-8 (exclusive of | ||||||
18 | amounts received
under subsections 5(p) and 5(p-5) of that | ||||||
19 | Section)
for the 1997-1998 school year, pursuant to the | ||||||
20 | provisions of that
Section as it was then in effect.
| ||||||
21 | (2) If, as provided in paragraph (1) of this subsection | ||||||
22 | (J), a school
district is to receive aggregate general State | ||||||
23 | aid in
combination with supplemental general State aid under | ||||||
24 | this Section for the 1998-99 school year and any subsequent | ||||||
25 | school
year that in any such school year is less than the | ||||||
26 | amount of the aggregate
general
State
aid entitlement that the | ||||||
27 | district received for the 1997-98 school year, the
school | ||||||
28 | district shall also receive, from a separate appropriation made | ||||||
29 | for
purposes of this subsection (J), a supplementary payment | ||||||
30 | that is equal to the
amount of the difference in the aggregate | ||||||
31 | State aid figures as described in
paragraph (1).
| ||||||
32 | (3) (Blank).
| ||||||
33 | (K) Grants to Laboratory and Alternative Schools.
| ||||||
34 | In calculating the amount to be paid to the governing board |
| |||||||
| |||||||
1 | of a public
university that operates a laboratory school under | ||||||
2 | this Section or to any
alternative school that is operated by a | ||||||
3 | regional superintendent of schools,
the State
Board of | ||||||
4 | Education shall require by rule such reporting requirements as | ||||||
5 | it
deems necessary.
| ||||||
6 | As used in this Section, "laboratory school" means a public | ||||||
7 | school which is
created and operated by a public university and | ||||||
8 | approved by the State Board of
Education. The governing board | ||||||
9 | of a public university which receives funds
from the State | ||||||
10 | Board under this subsection (K) may not increase the number of
| ||||||
11 | students enrolled in its laboratory
school from a single | ||||||
12 | district, if that district is already sending 50 or more
| ||||||
13 | students, except under a mutual agreement between the school | ||||||
14 | board of a
student's district of residence and the university | ||||||
15 | which operates the
laboratory school. A laboratory school may | ||||||
16 | not have more than 1,000 students,
excluding students with | ||||||
17 | disabilities in a special education program.
| ||||||
18 | As used in this Section, "alternative school" means a | ||||||
19 | public school which is
created and operated by a Regional | ||||||
20 | Superintendent of Schools and approved by
the State Board of | ||||||
21 | Education. Such alternative schools may offer courses of
| ||||||
22 | instruction for which credit is given in regular school | ||||||
23 | programs, courses to
prepare students for the high school | ||||||
24 | equivalency testing program or vocational
and occupational | ||||||
25 | training. A regional superintendent of schools may contract
| ||||||
26 | with a school district or a public community college district | ||||||
27 | to operate an
alternative school. An alternative school serving | ||||||
28 | more than one educational
service region may be established by | ||||||
29 | the regional superintendents of schools
of the affected | ||||||
30 | educational service regions. An alternative school
serving | ||||||
31 | more than one educational service region may be operated under | ||||||
32 | such
terms as the regional superintendents of schools of those | ||||||
33 | educational service
regions may agree.
| ||||||
34 | Each laboratory and alternative school shall file, on forms | ||||||
35 | provided by the
State Superintendent of Education, an annual | ||||||
36 | State aid claim which states the
Average Daily Attendance of |
| |||||||
| |||||||
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 | ||||||
25 | subsection (M) referred to as the "Board", is hereby
created. | ||||||
26 | The Board
shall consist of 5 members who are appointed by the | ||||||
27 | Governor, by and with the
advice and consent of the Senate. The | ||||||
28 | members appointed shall include
representatives of education, | ||||||
29 | business, and the general public. One of the
members so | ||||||
30 | appointed shall be
designated by the Governor at the time the | ||||||
31 | appointment is made as the
chairperson of the
Board.
The | ||||||
32 | initial members of the Board may
be appointed any time after | ||||||
33 | the effective date of this amendatory Act of
1997. The regular | ||||||
34 | term of each member of the
Board shall be for 4 years from the |
| |||||||
| |||||||
1 | third Monday of January of the
year in which the term of the | ||||||
2 | member's appointment is to commence, except that
of the 5 | ||||||
3 | initial members appointed to serve on the
Board, the member who | ||||||
4 | is appointed as the chairperson shall serve for
a term that | ||||||
5 | commences on the date of his or her appointment and expires on | ||||||
6 | the
third Monday of January, 2002, and the remaining 4 members, | ||||||
7 | by lots drawn at
the first meeting of the Board that is
held
| ||||||
8 | after all 5 members are appointed, shall determine 2 of their | ||||||
9 | number to serve
for terms that commence on the date of their
| ||||||
10 | respective appointments and expire on the third
Monday of | ||||||
11 | January, 2001,
and 2 of their number to serve for terms that | ||||||
12 | commence
on the date of their respective appointments and | ||||||
13 | expire on the third Monday
of January, 2000. All members | ||||||
14 | appointed to serve on the
Board shall serve until their | ||||||
15 | respective successors are
appointed and confirmed. Vacancies | ||||||
16 | shall be filled in the same manner as
original appointments. If | ||||||
17 | a vacancy in membership occurs at a time when the
Senate is not | ||||||
18 | in session, the Governor shall make a temporary appointment | ||||||
19 | until
the next meeting of the Senate, when he or she shall | ||||||
20 | appoint, by and with the
advice and consent of the Senate, a | ||||||
21 | person to fill that membership for the
unexpired term. If the | ||||||
22 | Senate is not in session when the initial appointments
are | ||||||
23 | made, those appointments shall
be made as in the case of | ||||||
24 | vacancies.
| ||||||
25 | The Education Funding Advisory Board shall be deemed | ||||||
26 | established,
and the initial
members appointed by the Governor | ||||||
27 | to serve as members of the
Board shall take office,
on the date | ||||||
28 | that the
Governor makes his or her appointment of the fifth | ||||||
29 | initial member of the
Board, whether those initial members are | ||||||
30 | then serving
pursuant to appointment and confirmation or | ||||||
31 | pursuant to temporary appointments
that are made by the | ||||||
32 | Governor as in the case of vacancies.
| ||||||
33 | The State Board of Education shall provide such staff | ||||||
34 | assistance to the
Education Funding Advisory Board as is | ||||||
35 | reasonably required for the proper
performance by the Board of | ||||||
36 | its responsibilities.
|
| |||||||
| |||||||
1 | For school years after the 2000-2001 school year, the | ||||||
2 | Education
Funding Advisory Board, in consultation with the | ||||||
3 | State Board of Education,
shall make recommendations as | ||||||
4 | provided in this subsection (M) to the General
Assembly for the | ||||||
5 | foundation level under subdivision (B)(3) of this Section and
| ||||||
6 | for the
supplemental general State aid grant level under | ||||||
7 | subsection (H) of this Section
for districts with high | ||||||
8 | concentrations of children from poverty. The
recommended | ||||||
9 | foundation level shall be determined based on a methodology | ||||||
10 | which
incorporates the basic education expenditures of | ||||||
11 | low-spending schools
exhibiting high academic performance. The | ||||||
12 | Education Funding Advisory Board
shall make such | ||||||
13 | recommendations to the General Assembly on January 1 of odd
| ||||||
14 | numbered years, beginning January 1, 2001.
| ||||||
15 | (N) (Blank).
| ||||||
16 | (O) References.
| ||||||
17 | (1) References in other laws to the various subdivisions of
| ||||||
18 | Section 18-8 as that Section existed before its repeal and | ||||||
19 | replacement by this
Section 18-8.05 shall be deemed to refer to | ||||||
20 | the corresponding provisions of
this Section 18-8.05, to the | ||||||
21 | extent that those references remain applicable.
| ||||||
22 | (2) References in other laws to State Chapter 1 funds shall | ||||||
23 | be deemed to
refer to the supplemental general State aid | ||||||
24 | provided under subsection (H) of
this Section.
| ||||||
25 | (P) Public Act 93-838 and Public Act 93-808 make inconsistent | ||||||
26 | changes to this Section. Under Section 6 of the Statute on | ||||||
27 | Statutes there is an irreconcilable conflict between Public Act | ||||||
28 | 93-808 and Public Act 93-838. Public Act 93-838, being the last | ||||||
29 | acted upon, is controlling. The text of Public Act 93-838 is | ||||||
30 | the law regardless of the text of Public Act 93-808. | ||||||
31 | (Source: P.A. 93-21, eff. 7-1-03; 93-715, eff. 7-12-04; 93-808, | ||||||
32 | eff. 7-26-04; 93-838, eff. 7-30-04; 93-875, eff. 8-6-04; 94-69, | ||||||
33 | eff. 7-1-05; 94-438, eff. 8-4-05; revised 8-22-05.)
|