Illinois General Assembly - Full Text of HB0390
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Full Text of HB0390  99th General Assembly

HB0390 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0390

 

Introduced , by Rep. Keith Wheeler

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/18-8.05

    Amends the State aid formula provisions of the School Code. Requires the General Assembly to make appropriations for general State financial aid each fiscal year to fully fund the amount as calculated under the formula. Requires the State Comptroller to prioritize the payment of general State financial aid claims to ensure the timely delivery of funds to school districts. Effective July 1, 2015.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
518-8.05 as follows:
 
6    (105 ILCS 5/18-8.05)
7    Sec. 18-8.05. Basis for apportionment of general State
8financial aid and supplemental general State aid to the common
9schools for the 1998-1999 and subsequent school years.
 
10(A) General Provisions.
11    (1) The provisions of this Section apply to the 1998-1999
12and subsequent school years. The system of general State
13financial aid provided for in this Section is designed to
14assure that, through a combination of State financial aid and
15required local resources, the financial support provided each
16pupil in Average Daily Attendance equals or exceeds a
17prescribed per pupil Foundation Level. This formula approach
18imputes a level of per pupil Available Local Resources and
19provides for the basis to calculate a per pupil level of
20general State financial aid that, when added to Available Local
21Resources, equals or exceeds the Foundation Level. The amount
22of per pupil general State financial aid for school districts,

 

 

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1in general, varies in inverse relation to Available Local
2Resources. Per pupil amounts are based upon each school
3district's Average Daily Attendance as that term is defined in
4this Section.
5    (2) In addition to general State financial aid, school
6districts with specified levels or concentrations of pupils
7from low income households are eligible to receive supplemental
8general State financial aid grants as provided pursuant to
9subsection (H). The supplemental State aid grants provided for
10school districts under subsection (H) shall be appropriated for
11distribution to school districts as part of the same line item
12in which the general State financial aid of school districts is
13appropriated under this Section.
14    (3) To receive financial assistance under this Section,
15school districts are required to file claims with the State
16Board of Education, subject to the following requirements:
17        (a) Any school district which fails for any given
18    school year to maintain school as required by law, or to
19    maintain a recognized school is not eligible to file for
20    such school year any claim upon the Common School Fund. In
21    case of nonrecognition of one or more attendance centers in
22    a school district otherwise operating recognized schools,
23    the claim of the district shall be reduced in the
24    proportion which the Average Daily Attendance in the
25    attendance center or centers bear to the Average Daily
26    Attendance in the school district. A "recognized school"

 

 

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1    means any public school which meets the standards as
2    established for recognition by the State Board of
3    Education. A school district or attendance center not
4    having recognition status at the end of a school term is
5    entitled to receive State aid payments due upon a legal
6    claim which was filed while it was recognized.
7        (b) School district claims filed under this Section are
8    subject to Sections 18-9 and 18-12, except as otherwise
9    provided in this Section.
10        (c) If a school district operates a full year school
11    under Section 10-19.1, the general State aid to the school
12    district shall be determined by the State Board of
13    Education in accordance with this Section as near as may be
14    applicable.
15        (d) (Blank).
16    (4) Except as provided in subsections (H) and (L), the
17board of any district receiving any of the grants provided for
18in this Section may apply those funds to any fund so received
19for which that board is authorized to make expenditures by law.
20    School districts are not required to exert a minimum
21Operating Tax Rate in order to qualify for assistance under
22this Section.
23    (4.5) The General Assembly is required to make
24appropriations for general State financial aid each fiscal year
25to fully fund the amount as calculated under this Section. The
26State Comptroller shall prioritize the payment of general State

 

 

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1financial aid claims to ensure the timely delivery of funds to
2school districts.
3    (5) As used in this Section the following terms, when
4capitalized, shall have the meaning ascribed herein:
5        (a) "Average Daily Attendance": A count of pupil
6    attendance in school, averaged as provided for in
7    subsection (C) and utilized in deriving per pupil financial
8    support levels.
9        (b) "Available Local Resources": A computation of
10    local financial support, calculated on the basis of Average
11    Daily Attendance and derived as provided pursuant to
12    subsection (D).
13        (c) "Corporate Personal Property Replacement Taxes":
14    Funds paid to local school districts pursuant to "An Act in
15    relation to the abolition of ad valorem personal property
16    tax and the replacement of revenues lost thereby, and
17    amending and repealing certain Acts and parts of Acts in
18    connection therewith", certified August 14, 1979, as
19    amended (Public Act 81-1st S.S.-1).
20        (d) "Foundation Level": A prescribed level of per pupil
21    financial support as provided for in subsection (B).
22        (e) "Operating Tax Rate": All school district property
23    taxes extended for all purposes, except Bond and Interest,
24    Summer School, Rent, Capital Improvement, and Vocational
25    Education Building purposes.
 

 

 

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1(B) Foundation Level.
2    (1) The Foundation Level is a figure established by the
3State representing the minimum level of per pupil financial
4support that should be available to provide for the basic
5education of each pupil in Average Daily Attendance. As set
6forth in this Section, each school district is assumed to exert
7a sufficient local taxing effort such that, in combination with
8the aggregate of general State financial aid provided the
9district, an aggregate of State and local resources are
10available to meet the basic education needs of pupils in the
11district.
12    (2) For the 1998-1999 school year, the Foundation Level of
13support is $4,225. For the 1999-2000 school year, the
14Foundation Level of support is $4,325. For the 2000-2001 school
15year, the Foundation Level of support is $4,425. For the
162001-2002 school year and 2002-2003 school year, the Foundation
17Level of support is $4,560. For the 2003-2004 school year, the
18Foundation Level of support is $4,810. For the 2004-2005 school
19year, the Foundation Level of support is $4,964. For the
202005-2006 school year, the Foundation Level of support is
21$5,164. For the 2006-2007 school year, the Foundation Level of
22support is $5,334. For the 2007-2008 school year, the
23Foundation Level of support is $5,734. For the 2008-2009 school
24year, the Foundation Level of support is $5,959.
25    (3) For the 2009-2010 school year and each school year
26thereafter, the Foundation Level of support is $6,119 or such

 

 

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1greater amount as may be established by law by the General
2Assembly.
 
3(C) Average Daily Attendance.
4    (1) For purposes of calculating general State aid pursuant
5to subsection (E), an Average Daily Attendance figure shall be
6utilized. The Average Daily Attendance figure for formula
7calculation purposes shall be the monthly average of the actual
8number of pupils in attendance of each school district, as
9further averaged for the best 3 months of pupil attendance for
10each school district. In compiling the figures for the number
11of pupils in attendance, school districts and the State Board
12of Education shall, for purposes of general State aid funding,
13conform attendance figures to the requirements of subsection
14(F).
15    (2) The Average Daily Attendance figures utilized in
16subsection (E) shall be the requisite attendance data for the
17school year immediately preceding the school year for which
18general State aid is being calculated or the average of the
19attendance data for the 3 preceding school years, whichever is
20greater. The Average Daily Attendance figures utilized in
21subsection (H) shall be the requisite attendance data for the
22school year immediately preceding the school year for which
23general State aid is being calculated.
 
24(D) Available Local Resources.

 

 

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1    (1) For purposes of calculating general State aid pursuant
2to subsection (E), a representation of Available Local
3Resources per pupil, as that term is defined and determined in
4this subsection, shall be utilized. Available Local Resources
5per pupil shall include a calculated dollar amount representing
6local school district revenues from local property taxes and
7from Corporate Personal Property Replacement Taxes, expressed
8on the basis of pupils in Average Daily Attendance. Calculation
9of Available Local Resources shall exclude any tax amnesty
10funds received as a result of Public Act 93-26.
11    (2) In determining a school district's revenue from local
12property taxes, the State Board of Education shall utilize the
13equalized assessed valuation of all taxable property of each
14school district as of September 30 of the previous year. The
15equalized assessed valuation utilized shall be obtained and
16determined as provided in subsection (G).
17    (3) For school districts maintaining grades kindergarten
18through 12, local property tax revenues per pupil shall be
19calculated as the product of the applicable equalized assessed
20valuation for the district multiplied by 3.00%, and divided by
21the district's Average Daily Attendance figure. For school
22districts maintaining grades kindergarten through 8, local
23property tax revenues per pupil shall be calculated as the
24product of the applicable equalized assessed valuation for the
25district multiplied by 2.30%, and divided by the district's
26Average Daily Attendance figure. For school districts

 

 

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1maintaining grades 9 through 12, local property tax revenues
2per pupil shall be the applicable equalized assessed valuation
3of the district multiplied by 1.05%, and divided by the
4district's Average Daily Attendance figure.
5    For partial elementary unit districts created pursuant to
6Article 11E of this Code, local property tax revenues per pupil
7shall be calculated as the product of the equalized assessed
8valuation for property within the partial elementary unit
9district for elementary purposes, as defined in Article 11E of
10this Code, multiplied by 2.06% and divided by the district's
11Average Daily Attendance figure, plus the product of the
12equalized assessed valuation for property within the partial
13elementary unit district for high school purposes, as defined
14in Article 11E of this Code, multiplied by 0.94% and divided by
15the district's Average Daily Attendance figure.
16    (4) The Corporate Personal Property Replacement Taxes paid
17to each school district during the calendar year one year
18before the calendar year in which a school year begins, divided
19by the Average Daily Attendance figure for that district, shall
20be added to the local property tax revenues per pupil as
21derived by the application of the immediately preceding
22paragraph (3). The sum of these per pupil figures for each
23school district shall constitute Available Local Resources as
24that term is utilized in subsection (E) in the calculation of
25general State aid.
 

 

 

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1(E) Computation of General State Aid.
2    (1) For each school year, the amount of general State aid
3allotted to a school district shall be computed by the State
4Board of Education as provided in this subsection.
5    (2) For any school district for which Available Local
6Resources per pupil is less than the product of 0.93 times the
7Foundation Level, general State aid for that district shall be
8calculated as an amount equal to the Foundation Level minus
9Available Local Resources, multiplied by the Average Daily
10Attendance of the school district.
11    (3) For any school district for which Available Local
12Resources per pupil is equal to or greater than the product of
130.93 times the Foundation Level and less than the product of
141.75 times the Foundation Level, the general State aid per
15pupil shall be a decimal proportion of the Foundation Level
16derived using a linear algorithm. Under this linear algorithm,
17the calculated general State aid per pupil shall decline in
18direct linear fashion from 0.07 times the Foundation Level for
19a school district with Available Local Resources equal to the
20product of 0.93 times the Foundation Level, to 0.05 times the
21Foundation Level for a school district with Available Local
22Resources equal to the product of 1.75 times the Foundation
23Level. The allocation of general State aid for school districts
24subject to this paragraph 3 shall be the calculated general
25State aid per pupil figure multiplied by the Average Daily
26Attendance of the school district.

 

 

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1    (4) For any school district for which Available Local
2Resources per pupil equals or exceeds the product of 1.75 times
3the Foundation Level, the general State aid for the school
4district shall be calculated as the product of $218 multiplied
5by the Average Daily Attendance of the school district.
6    (5) The amount of general State aid allocated to a school
7district for the 1999-2000 school year meeting the requirements
8set forth in paragraph (4) of subsection (G) shall be increased
9by an amount equal to the general State aid that would have
10been received by the district for the 1998-1999 school year by
11utilizing the Extension Limitation Equalized Assessed
12Valuation as calculated in paragraph (4) of subsection (G) less
13the general State aid allotted for the 1998-1999 school year.
14This amount shall be deemed a one time increase, and shall not
15affect any future general State aid allocations.
 
16(F) Compilation of Average Daily Attendance.
17    (1) Each school district shall, by July 1 of each year,
18submit to the State Board of Education, on forms prescribed by
19the State Board of Education, attendance figures for the school
20year that began in the preceding calendar year. The attendance
21information so transmitted shall identify the average daily
22attendance figures for each month of the school year. Beginning
23with the general State aid claim form for the 2002-2003 school
24year, districts shall calculate Average Daily Attendance as
25provided in subdivisions (a), (b), and (c) of this paragraph

 

 

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1(1).
2        (a) In districts that do not hold year-round classes,
3    days of attendance in August shall be added to the month of
4    September and any days of attendance in June shall be added
5    to the month of May.
6        (b) In districts in which all buildings hold year-round
7    classes, days of attendance in July and August shall be
8    added to the month of September and any days of attendance
9    in June shall be added to the month of May.
10        (c) In districts in which some buildings, but not all,
11    hold year-round classes, for the non-year-round buildings,
12    days of attendance in August shall be added to the month of
13    September and any days of attendance in June shall be added
14    to the month of May. The average daily attendance for the
15    year-round buildings shall be computed as provided in
16    subdivision (b) of this paragraph (1). To calculate the
17    Average Daily Attendance for the district, the average
18    daily attendance for the year-round buildings shall be
19    multiplied by the days in session for the non-year-round
20    buildings for each month and added to the monthly
21    attendance of the non-year-round buildings.
22    Except as otherwise provided in this Section, days of
23attendance by pupils shall be counted only for sessions of not
24less than 5 clock hours of school work per day under direct
25supervision of: (i) teachers, or (ii) non-teaching personnel or
26volunteer personnel when engaging in non-teaching duties and

 

 

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1supervising in those instances specified in subsection (a) of
2Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
3of legal school age and in kindergarten and grades 1 through
412.
5    Days of attendance by tuition pupils shall be accredited
6only to the districts that pay the tuition to a recognized
7school.
8    (2) Days of attendance by pupils of less than 5 clock hours
9of school shall be subject to the following provisions in the
10compilation of Average Daily Attendance.
11        (a) Pupils regularly enrolled in a public school for
12    only a part of the school day may be counted on the basis
13    of 1/6 day for every class hour of instruction of 40
14    minutes or more attended pursuant to such enrollment,
15    unless a pupil is enrolled in a block-schedule format of 80
16    minutes or more of instruction, in which case the pupil may
17    be counted on the basis of the proportion of minutes of
18    school work completed each day to the minimum number of
19    minutes that school work is required to be held that day.
20        (b) (Blank).
21        (c) A session of 4 or more clock hours may be counted
22    as a day of attendance upon certification by the regional
23    superintendent, and approved by the State Superintendent
24    of Education to the extent that the district has been
25    forced to use daily multiple sessions.
26        (d) A session of 3 or more clock hours may be counted

 

 

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1    as a day of attendance (1) when the remainder of the school
2    day or at least 2 hours in the evening of that day is
3    utilized for an in-service training program for teachers,
4    up to a maximum of 5 days per school year, provided a
5    district conducts an in-service training program for
6    teachers in accordance with Section 10-22.39 of this Code;
7    or, in lieu of 4 such days, 2 full days may be used, in
8    which event each such day may be counted as a day required
9    for a legal school calendar pursuant to Section 10-19 of
10    this Code; (1.5) when, of the 5 days allowed under item
11    (1), a maximum of 4 days are used for parent-teacher
12    conferences, or, in lieu of 4 such days, 2 full days are
13    used, in which case each such day may be counted as a
14    calendar day required under Section 10-19 of this Code,
15    provided that the full-day, parent-teacher conference
16    consists of (i) a minimum of 5 clock hours of
17    parent-teacher conferences, (ii) both a minimum of 2 clock
18    hours of parent-teacher conferences held in the evening
19    following a full day of student attendance, as specified in
20    subsection (F)(1)(c), and a minimum of 3 clock hours of
21    parent-teacher conferences held on the day immediately
22    following evening parent-teacher conferences, or (iii)
23    multiple parent-teacher conferences held in the evenings
24    following full days of student attendance, as specified in
25    subsection (F)(1)(c), in which the time used for the
26    parent-teacher conferences is equivalent to a minimum of 5

 

 

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1    clock hours; and (2) when days in addition to those
2    provided in items (1) and (1.5) are scheduled by a school
3    pursuant to its school improvement plan adopted under
4    Article 34 or its revised or amended school improvement
5    plan adopted under Article 2, provided that (i) such
6    sessions of 3 or more clock hours are scheduled to occur at
7    regular intervals, (ii) the remainder of the school days in
8    which such sessions occur are utilized for in-service
9    training programs or other staff development activities
10    for teachers, and (iii) a sufficient number of minutes of
11    school work under the direct supervision of teachers are
12    added to the school days between such regularly scheduled
13    sessions to accumulate not less than the number of minutes
14    by which such sessions of 3 or more clock hours fall short
15    of 5 clock hours. Any full days used for the purposes of
16    this paragraph shall not be considered for computing
17    average daily attendance. Days scheduled for in-service
18    training programs, staff development activities, or
19    parent-teacher conferences may be scheduled separately for
20    different grade levels and different attendance centers of
21    the district.
22        (e) A session of not less than one clock hour of
23    teaching hospitalized or homebound pupils on-site or by
24    telephone to the classroom may be counted as 1/2 day of
25    attendance, however these pupils must receive 4 or more
26    clock hours of instruction to be counted for a full day of

 

 

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1    attendance.
2        (f) A session of at least 4 clock hours may be counted
3    as a day of attendance for first grade pupils, and pupils
4    in full day kindergartens, and a session of 2 or more hours
5    may be counted as 1/2 day of attendance by pupils in
6    kindergartens which provide only 1/2 day of attendance.
7        (g) For children with disabilities who are below the
8    age of 6 years and who cannot attend 2 or more clock hours
9    because of their disability or immaturity, a session of not
10    less than one clock hour may be counted as 1/2 day of
11    attendance; however for such children whose educational
12    needs so require a session of 4 or more clock hours may be
13    counted as a full day of attendance.
14        (h) A recognized kindergarten which provides for only
15    1/2 day of attendance by each pupil shall not have more
16    than 1/2 day of attendance counted in any one day. However,
17    kindergartens may count 2 1/2 days of attendance in any 5
18    consecutive school days. When a pupil attends such a
19    kindergarten for 2 half days on any one school day, the
20    pupil shall have the following day as a day absent from
21    school, unless the school district obtains permission in
22    writing from the State Superintendent of Education.
23    Attendance at kindergartens which provide for a full day of
24    attendance by each pupil shall be counted the same as
25    attendance by first grade pupils. Only the first year of
26    attendance in one kindergarten shall be counted, except in

 

 

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1    case of children who entered the kindergarten in their
2    fifth year whose educational development requires a second
3    year of kindergarten as determined under the rules and
4    regulations of the State Board of Education.
5        (i) On the days when the assessment that includes a
6    college and career ready determination is administered
7    under subsection (c) of Section 2-3.64a-5 of this Code, the
8    day of attendance for a pupil whose school day must be
9    shortened to accommodate required testing procedures may
10    be less than 5 clock hours and shall be counted towards the
11    176 days of actual pupil attendance required under Section
12    10-19 of this Code, provided that a sufficient number of
13    minutes of school work in excess of 5 clock hours are first
14    completed on other school days to compensate for the loss
15    of school work on the examination days.
16        (j) Pupils enrolled in a remote educational program
17    established under Section 10-29 of this Code may be counted
18    on the basis of one-fifth day of attendance for every clock
19    hour of instruction attended in the remote educational
20    program, provided that, in any month, the school district
21    may not claim for a student enrolled in a remote
22    educational program more days of attendance than the
23    maximum number of days of attendance the district can claim
24    (i) for students enrolled in a building holding year-round
25    classes if the student is classified as participating in
26    the remote educational program on a year-round schedule or

 

 

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1    (ii) for students enrolled in a building not holding
2    year-round classes if the student is not classified as
3    participating in the remote educational program on a
4    year-round schedule.
 
5(G) Equalized Assessed Valuation Data.
6    (1) For purposes of the calculation of Available Local
7Resources required pursuant to subsection (D), the State Board
8of Education shall secure from the Department of Revenue the
9value as equalized or assessed by the Department of Revenue of
10all taxable property of every school district, together with
11(i) the applicable tax rate used in extending taxes for the
12funds of the district as of September 30 of the previous year
13and (ii) the limiting rate for all school districts subject to
14property tax extension limitations as imposed under the
15Property Tax Extension Limitation Law.
16    The Department of Revenue shall add to the equalized
17assessed value of all taxable property of each school district
18situated entirely or partially within a county that is or was
19subject to the provisions of Section 15-176 or 15-177 of the
20Property Tax Code (a) an amount equal to the total amount by
21which the homestead exemption allowed under Section 15-176 or
2215-177 of the Property Tax Code for real property situated in
23that school district exceeds the total amount that would have
24been allowed in that school district if the maximum reduction
25under Section 15-176 was (i) $4,500 in Cook County or $3,500 in

 

 

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1all other counties in tax year 2003 or (ii) $5,000 in all
2counties in tax year 2004 and thereafter and (b) an amount
3equal to the aggregate amount for the taxable year of all
4additional exemptions under Section 15-175 of the Property Tax
5Code for owners with a household income of $30,000 or less. The
6county clerk of any county that is or was subject to the
7provisions of Section 15-176 or 15-177 of the Property Tax Code
8shall annually calculate and certify to the Department of
9Revenue for each school district all homestead exemption
10amounts under Section 15-176 or 15-177 of the Property Tax Code
11and all amounts of additional exemptions under Section 15-175
12of the Property Tax Code for owners with a household income of
13$30,000 or less. It is the intent of this paragraph that if the
14general homestead exemption for a parcel of property is
15determined under Section 15-176 or 15-177 of the Property Tax
16Code rather than Section 15-175, then the calculation of
17Available Local Resources shall not be affected by the
18difference, if any, between the amount of the general homestead
19exemption allowed for that parcel of property under Section
2015-176 or 15-177 of the Property Tax Code and the amount that
21would have been allowed had the general homestead exemption for
22that parcel of property been determined under Section 15-175 of
23the Property Tax Code. It is further the intent of this
24paragraph that if additional exemptions are allowed under
25Section 15-175 of the Property Tax Code for owners with a
26household income of less than $30,000, then the calculation of

 

 

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1Available Local Resources shall not be affected by the
2difference, if any, because of those additional exemptions.
3    This equalized assessed valuation, as adjusted further by
4the requirements of this subsection, shall be utilized in the
5calculation of Available Local Resources.
6    (2) The equalized assessed valuation in paragraph (1) shall
7be adjusted, as applicable, in the following manner:
8        (a) For the purposes of calculating State aid under
9    this Section, with respect to any part of a school district
10    within a redevelopment project area in respect to which a
11    municipality has adopted tax increment allocation
12    financing pursuant to the Tax Increment Allocation
13    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
14    of the Illinois Municipal Code or the Industrial Jobs
15    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
16    Illinois Municipal Code, no part of the current equalized
17    assessed valuation of real property located in any such
18    project area which is attributable to an increase above the
19    total initial equalized assessed valuation of such
20    property shall be used as part of the equalized assessed
21    valuation of the district, until such time as all
22    redevelopment project costs have been paid, as provided in
23    Section 11-74.4-8 of the Tax Increment Allocation
24    Redevelopment Act or in Section 11-74.6-35 of the
25    Industrial Jobs Recovery Law. For the purpose of the
26    equalized assessed valuation of the district, the total

 

 

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1    initial equalized assessed valuation or the current
2    equalized assessed valuation, whichever is lower, shall be
3    used until such time as all redevelopment project costs
4    have been paid.
5        (b) The real property equalized assessed valuation for
6    a school district shall be adjusted by subtracting from the
7    real property value as equalized or assessed by the
8    Department of Revenue for the district an amount computed
9    by dividing the amount of any abatement of taxes under
10    Section 18-170 of the Property Tax Code by 3.00% for a
11    district maintaining grades kindergarten through 12, by
12    2.30% for a district maintaining grades kindergarten
13    through 8, or by 1.05% for a district maintaining grades 9
14    through 12 and adjusted by an amount computed by dividing
15    the amount of any abatement of taxes under subsection (a)
16    of Section 18-165 of the Property Tax Code by the same
17    percentage rates for district type as specified in this
18    subparagraph (b).
19    (3) For the 1999-2000 school year and each school year
20thereafter, if a school district meets all of the criteria of
21this subsection (G)(3), the school district's Available Local
22Resources shall be calculated under subsection (D) using the
23district's Extension Limitation Equalized Assessed Valuation
24as calculated under this subsection (G)(3).
25    For purposes of this subsection (G)(3) the following terms
26shall have the following meanings:

 

 

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1        "Budget Year": The school year for which general State
2    aid is calculated and awarded under subsection (E).
3        "Base Tax Year": The property tax levy year used to
4    calculate the Budget Year allocation of general State aid.
5        "Preceding Tax Year": The property tax levy year
6    immediately preceding the Base Tax Year.
7        "Base Tax Year's Tax Extension": The product of the
8    equalized assessed valuation utilized by the County Clerk
9    in the Base Tax Year multiplied by the limiting rate as
10    calculated by the County Clerk and defined in the Property
11    Tax Extension Limitation Law.
12        "Preceding Tax Year's Tax Extension": The product of
13    the equalized assessed valuation utilized by the County
14    Clerk in the Preceding Tax Year multiplied by the Operating
15    Tax Rate as defined in subsection (A).
16        "Extension Limitation Ratio": A numerical ratio,
17    certified by the County Clerk, in which the numerator is
18    the Base Tax Year's Tax Extension and the denominator is
19    the Preceding Tax Year's Tax Extension.
20        "Operating Tax Rate": The operating tax rate as defined
21    in subsection (A).
22    If a school district is subject to property tax extension
23limitations as imposed under the Property Tax Extension
24Limitation Law, the State Board of Education shall calculate
25the Extension Limitation Equalized Assessed Valuation of that
26district. For the 1999-2000 school year, the Extension

 

 

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1Limitation Equalized Assessed Valuation of a school district as
2calculated by the State Board of Education shall be equal to
3the product of the district's 1996 Equalized Assessed Valuation
4and the district's Extension Limitation Ratio. Except as
5otherwise provided in this paragraph for a school district that
6has approved or does approve an increase in its limiting rate,
7for the 2000-2001 school year and each school year thereafter,
8the Extension Limitation Equalized Assessed Valuation of a
9school district as calculated by the State Board of Education
10shall be equal to the product of the Equalized Assessed
11Valuation last used in the calculation of general State aid and
12the district's Extension Limitation Ratio. If the Extension
13Limitation Equalized Assessed Valuation of a school district as
14calculated under this subsection (G)(3) is less than the
15district's equalized assessed valuation as calculated pursuant
16to subsections (G)(1) and (G)(2), then for purposes of
17calculating the district's general State aid for the Budget
18Year pursuant to subsection (E), that Extension Limitation
19Equalized Assessed Valuation shall be utilized to calculate the
20district's Available Local Resources under subsection (D). For
21the 2009-2010 school year and each school year thereafter, if a
22school district has approved or does approve an increase in its
23limiting rate, pursuant to Section 18-190 of the Property Tax
24Code, affecting the Base Tax Year, the Extension Limitation
25Equalized Assessed Valuation of the school district, as
26calculated by the State Board of Education, shall be equal to

 

 

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1the product of the Equalized Assessed Valuation last used in
2the calculation of general State aid times an amount equal to
3one plus the percentage increase, if any, in the Consumer Price
4Index for all Urban Consumers for all items published by the
5United States Department of Labor for the 12-month calendar
6year preceding the Base Tax Year, plus the Equalized Assessed
7Valuation of new property, annexed property, and recovered tax
8increment value and minus the Equalized Assessed Valuation of
9disconnected property. New property and recovered tax
10increment value shall have the meanings set forth in the
11Property Tax Extension Limitation Law.
12    Partial elementary unit districts created in accordance
13with Article 11E of this Code shall not be eligible for the
14adjustment in this subsection (G)(3) until the fifth year
15following the effective date of the reorganization.
16    (3.5) For the 2010-2011 school year and each school year
17thereafter, if a school district's boundaries span multiple
18counties, then the Department of Revenue shall send to the
19State Board of Education, for the purpose of calculating
20general State aid, the limiting rate and individual rates by
21purpose for the county that contains the majority of the school
22district's Equalized Assessed Valuation.
23    (4) For the purposes of calculating general State aid for
24the 1999-2000 school year only, if a school district
25experienced a triennial reassessment on the equalized assessed
26valuation used in calculating its general State financial aid

 

 

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1apportionment for the 1998-1999 school year, the State Board of
2Education shall calculate the Extension Limitation Equalized
3Assessed Valuation that would have been used to calculate the
4district's 1998-1999 general State aid. This amount shall equal
5the product of the equalized assessed valuation used to
6calculate general State aid for the 1997-1998 school year and
7the district's Extension Limitation Ratio. If the Extension
8Limitation Equalized Assessed Valuation of the school district
9as calculated under this paragraph (4) is less than the
10district's equalized assessed valuation utilized in
11calculating the district's 1998-1999 general State aid
12allocation, then for purposes of calculating the district's
13general State aid pursuant to paragraph (5) of subsection (E),
14that Extension Limitation Equalized Assessed Valuation shall
15be utilized to calculate the district's Available Local
16Resources.
17    (5) For school districts having a majority of their
18equalized assessed valuation in any county except Cook, DuPage,
19Kane, Lake, McHenry, or Will, if the amount of general State
20aid allocated to the school district for the 1999-2000 school
21year under the provisions of subsection (E), (H), and (J) of
22this Section is less than the amount of general State aid
23allocated to the district for the 1998-1999 school year under
24these subsections, then the general State aid of the district
25for the 1999-2000 school year only shall be increased by the
26difference between these amounts. The total payments made under

 

 

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1this paragraph (5) shall not exceed $14,000,000. Claims shall
2be prorated if they exceed $14,000,000.
 
3(H) Supplemental General State Aid.
4    (1) In addition to the general State aid a school district
5is allotted pursuant to subsection (E), qualifying school
6districts shall receive a grant, paid in conjunction with a
7district's payments of general State aid, for supplemental
8general State aid based upon the concentration level of
9children from low-income households within the school
10district. Supplemental State aid grants provided for school
11districts under this subsection shall be appropriated for
12distribution to school districts as part of the same line item
13in which the general State financial aid of school districts is
14appropriated under this Section.
15    (1.5) This paragraph (1.5) applies only to those school
16years preceding the 2003-2004 school year. For purposes of this
17subsection (H), the term "Low-Income Concentration Level"
18shall be the low-income eligible pupil count from the most
19recently available federal census divided by the Average Daily
20Attendance of the school district. If, however, (i) the
21percentage decrease from the 2 most recent federal censuses in
22the low-income eligible pupil count of a high school district
23with fewer than 400 students exceeds by 75% or more the
24percentage change in the total low-income eligible pupil count
25of contiguous elementary school districts, whose boundaries

 

 

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1are coterminous with the high school district, or (ii) a high
2school district within 2 counties and serving 5 elementary
3school districts, whose boundaries are coterminous with the
4high school district, has a percentage decrease from the 2 most
5recent federal censuses in the low-income eligible pupil count
6and there is a percentage increase in the total low-income
7eligible pupil count of a majority of the elementary school
8districts in excess of 50% from the 2 most recent federal
9censuses, then the high school district's low-income eligible
10pupil count from the earlier federal census shall be the number
11used as the low-income eligible pupil count for the high school
12district, for purposes of this subsection (H). The changes made
13to this paragraph (1) by Public Act 92-28 shall apply to
14supplemental general State aid grants for school years
15preceding the 2003-2004 school year that are paid in fiscal
16year 1999 or thereafter and to any State aid payments made in
17fiscal year 1994 through fiscal year 1998 pursuant to
18subsection 1(n) of Section 18-8 of this Code (which was
19repealed on July 1, 1998), and any high school district that is
20affected by Public Act 92-28 is entitled to a recomputation of
21its supplemental general State aid grant or State aid paid in
22any of those fiscal years. This recomputation shall not be
23affected by any other funding.
24    (1.10) This paragraph (1.10) applies to the 2003-2004
25school year and each school year thereafter. For purposes of
26this subsection (H), the term "Low-Income Concentration Level"

 

 

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1shall, for each fiscal year, be the low-income eligible pupil
2count as of July 1 of the immediately preceding fiscal year (as
3determined by the Department of Human Services based on the
4number of pupils who are eligible for at least one of the
5following low income programs: Medicaid, the Children's Health
6Insurance Program, TANF, or Food Stamps, excluding pupils who
7are eligible for services provided by the Department of
8Children and Family Services, averaged over the 2 immediately
9preceding fiscal years for fiscal year 2004 and over the 3
10immediately preceding fiscal years for each fiscal year
11thereafter) divided by the Average Daily Attendance of the
12school district.
13    (2) Supplemental general State aid pursuant to this
14subsection (H) shall be provided as follows for the 1998-1999,
151999-2000, and 2000-2001 school years only:
16        (a) For any school district with a Low Income
17    Concentration Level of at least 20% and less than 35%, the
18    grant for any school year shall be $800 multiplied by the
19    low income eligible pupil count.
20        (b) For any school district with a Low Income
21    Concentration Level of at least 35% and less than 50%, the
22    grant for the 1998-1999 school year shall be $1,100
23    multiplied by the low income eligible pupil count.
24        (c) For any school district with a Low Income
25    Concentration Level of at least 50% and less than 60%, the
26    grant for the 1998-99 school year shall be $1,500

 

 

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1    multiplied by the low income eligible pupil count.
2        (d) For any school district with a Low Income
3    Concentration Level of 60% or more, the grant for the
4    1998-99 school year shall be $1,900 multiplied by the low
5    income eligible pupil count.
6        (e) For the 1999-2000 school year, the per pupil amount
7    specified in subparagraphs (b), (c), and (d) immediately
8    above shall be increased to $1,243, $1,600, and $2,000,
9    respectively.
10        (f) For the 2000-2001 school year, the per pupil
11    amounts specified in subparagraphs (b), (c), and (d)
12    immediately above shall be $1,273, $1,640, and $2,050,
13    respectively.
14    (2.5) Supplemental general State aid pursuant to this
15subsection (H) shall be provided as follows for the 2002-2003
16school year:
17        (a) For any school district with a Low Income
18    Concentration Level of less than 10%, the grant for each
19    school year shall be $355 multiplied by the low income
20    eligible pupil count.
21        (b) For any school district with a Low Income
22    Concentration Level of at least 10% and less than 20%, the
23    grant for each school year shall be $675 multiplied by the
24    low income eligible pupil count.
25        (c) For any school district with a Low Income
26    Concentration Level of at least 20% and less than 35%, the

 

 

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1    grant for each school year shall be $1,330 multiplied by
2    the low income eligible pupil count.
3        (d) For any school district with a Low Income
4    Concentration Level of at least 35% and less than 50%, the
5    grant for each school year shall be $1,362 multiplied by
6    the low income eligible pupil count.
7        (e) For any school district with a Low Income
8    Concentration Level of at least 50% and less than 60%, the
9    grant for each school year shall be $1,680 multiplied by
10    the low income eligible pupil count.
11        (f) For any school district with a Low Income
12    Concentration Level of 60% or more, the grant for each
13    school year shall be $2,080 multiplied by the low income
14    eligible pupil count.
15    (2.10) Except as otherwise provided, supplemental general
16State aid pursuant to this subsection (H) shall be provided as
17follows for the 2003-2004 school year and each school year
18thereafter:
19        (a) For any school district with a Low Income
20    Concentration Level of 15% or less, the grant for each
21    school year shall be $355 multiplied by the low income
22    eligible pupil count.
23        (b) For any school district with a Low Income
24    Concentration Level greater than 15%, the grant for each
25    school year shall be $294.25 added to the product of $2,700
26    and the square of the Low Income Concentration Level, all

 

 

HB0390- 30 -LRB099 06099 NHT 26154 b

1    multiplied by the low income eligible pupil count.
2    For the 2003-2004 school year and each school year
3thereafter through the 2008-2009 school year only, the grant
4shall be no less than the grant for the 2002-2003 school year.
5For the 2009-2010 school year only, the grant shall be no less
6than the grant for the 2002-2003 school year multiplied by
70.66. For the 2010-2011 school year only, the grant shall be no
8less than the grant for the 2002-2003 school year multiplied by
90.33. Notwithstanding the provisions of this paragraph to the
10contrary, if for any school year supplemental general State aid
11grants are prorated as provided in paragraph (1) of this
12subsection (H), then the grants under this paragraph shall be
13prorated.
14    For the 2003-2004 school year only, the grant shall be no
15greater than the grant received during the 2002-2003 school
16year added to the product of 0.25 multiplied by the difference
17between the grant amount calculated under subsection (a) or (b)
18of this paragraph (2.10), whichever is applicable, and the
19grant received during the 2002-2003 school year. For the
202004-2005 school year only, the grant shall be no greater than
21the grant received during the 2002-2003 school year added to
22the product of 0.50 multiplied by the difference between the
23grant amount calculated under subsection (a) or (b) of this
24paragraph (2.10), whichever is applicable, and the grant
25received during the 2002-2003 school year. For the 2005-2006
26school year only, the grant shall be no greater than the grant

 

 

HB0390- 31 -LRB099 06099 NHT 26154 b

1received during the 2002-2003 school year added to the product
2of 0.75 multiplied by the difference between the grant amount
3calculated under subsection (a) or (b) of this paragraph
4(2.10), whichever is applicable, and the grant received during
5the 2002-2003 school year.
6    (3) School districts with an Average Daily Attendance of
7more than 1,000 and less than 50,000 that qualify for
8supplemental general State aid pursuant to this subsection
9shall submit a plan to the State Board of Education prior to
10October 30 of each year for the use of the funds resulting from
11this grant of supplemental general State aid for the
12improvement of instruction in which priority is given to
13meeting the education needs of disadvantaged children. Such
14plan shall be submitted in accordance with rules and
15regulations promulgated by the State Board of Education.
16    (4) School districts with an Average Daily Attendance of
1750,000 or more that qualify for supplemental general State aid
18pursuant to this subsection shall be required to distribute
19from funds available pursuant to this Section, no less than
20$261,000,000 in accordance with the following requirements:
21        (a) The required amounts shall be distributed to the
22    attendance centers within the district in proportion to the
23    number of pupils enrolled at each attendance center who are
24    eligible to receive free or reduced-price lunches or
25    breakfasts under the federal Child Nutrition Act of 1966
26    and under the National School Lunch Act during the

 

 

HB0390- 32 -LRB099 06099 NHT 26154 b

1    immediately preceding school year.
2        (b) The distribution of these portions of supplemental
3    and general State aid among attendance centers according to
4    these requirements shall not be compensated for or
5    contravened by adjustments of the total of other funds
6    appropriated to any attendance centers, and the Board of
7    Education shall utilize funding from one or several sources
8    in order to fully implement this provision annually prior
9    to the opening of school.
10        (c) Each attendance center shall be provided by the
11    school district a distribution of noncategorical funds and
12    other categorical funds to which an attendance center is
13    entitled under law in order that the general State aid and
14    supplemental general State aid provided by application of
15    this subsection supplements rather than supplants the
16    noncategorical funds and other categorical funds provided
17    by the school district to the attendance centers.
18        (d) Any funds made available under this subsection that
19    by reason of the provisions of this subsection are not
20    required to be allocated and provided to attendance centers
21    may be used and appropriated by the board of the district
22    for any lawful school purpose.
23        (e) Funds received by an attendance center pursuant to
24    this subsection shall be used by the attendance center at
25    the discretion of the principal and local school council
26    for programs to improve educational opportunities at

 

 

HB0390- 33 -LRB099 06099 NHT 26154 b

1    qualifying schools through the following programs and
2    services: early childhood education, reduced class size or
3    improved adult to student classroom ratio, enrichment
4    programs, remedial assistance, attendance improvement, and
5    other educationally beneficial expenditures which
6    supplement the regular and basic programs as determined by
7    the State Board of Education. Funds provided shall not be
8    expended for any political or lobbying purposes as defined
9    by board rule.
10        (f) Each district subject to the provisions of this
11    subdivision (H)(4) shall submit an acceptable plan to meet
12    the educational needs of disadvantaged children, in
13    compliance with the requirements of this paragraph, to the
14    State Board of Education prior to July 15 of each year.
15    This plan shall be consistent with the decisions of local
16    school councils concerning the school expenditure plans
17    developed in accordance with part 4 of Section 34-2.3. The
18    State Board shall approve or reject the plan within 60 days
19    after its submission. If the plan is rejected, the district
20    shall give written notice of intent to modify the plan
21    within 15 days of the notification of rejection and then
22    submit a modified plan within 30 days after the date of the
23    written notice of intent to modify. Districts may amend
24    approved plans pursuant to rules promulgated by the State
25    Board of Education.
26        Upon notification by the State Board of Education that

 

 

HB0390- 34 -LRB099 06099 NHT 26154 b

1    the district has not submitted a plan prior to July 15 or a
2    modified plan within the time period specified herein, the
3    State aid funds affected by that plan or modified plan
4    shall be withheld by the State Board of Education until a
5    plan or modified plan is submitted.
6        If the district fails to distribute State aid to
7    attendance centers in accordance with an approved plan, the
8    plan for the following year shall allocate funds, in
9    addition to the funds otherwise required by this
10    subsection, to those attendance centers which were
11    underfunded during the previous year in amounts equal to
12    such underfunding.
13        For purposes of determining compliance with this
14    subsection in relation to the requirements of attendance
15    center funding, each district subject to the provisions of
16    this subsection shall submit as a separate document by
17    December 1 of each year a report of expenditure data for
18    the prior year in addition to any modification of its
19    current plan. If it is determined that there has been a
20    failure to comply with the expenditure provisions of this
21    subsection regarding contravention or supplanting, the
22    State Superintendent of Education shall, within 60 days of
23    receipt of the report, notify the district and any affected
24    local school council. The district shall within 45 days of
25    receipt of that notification inform the State
26    Superintendent of Education of the remedial or corrective

 

 

HB0390- 35 -LRB099 06099 NHT 26154 b

1    action to be taken, whether by amendment of the current
2    plan, if feasible, or by adjustment in the plan for the
3    following year. Failure to provide the expenditure report
4    or the notification of remedial or corrective action in a
5    timely manner shall result in a withholding of the affected
6    funds.
7        The State Board of Education shall promulgate rules and
8    regulations to implement the provisions of this
9    subsection. No funds shall be released under this
10    subdivision (H)(4) to any district that has not submitted a
11    plan that has been approved by the State Board of
12    Education.
 
13(I) (Blank).
 
14(J) (Blank).
 
15(K) Grants to Laboratory and Alternative Schools.
16    In calculating the amount to be paid to the governing board
17of a public university that operates a laboratory school under
18this Section or to any alternative school that is operated by a
19regional superintendent of schools, the State Board of
20Education shall require by rule such reporting requirements as
21it deems necessary.
22    As used in this Section, "laboratory school" means a public
23school which is created and operated by a public university and

 

 

HB0390- 36 -LRB099 06099 NHT 26154 b

1approved by the State Board of Education. The governing board
2of a public university which receives funds from the State
3Board under this subsection (K) may not increase the number of
4students enrolled in its laboratory school from a single
5district, if that district is already sending 50 or more
6students, except under a mutual agreement between the school
7board of a student's district of residence and the university
8which operates the laboratory school. A laboratory school may
9not have more than 1,000 students, excluding students with
10disabilities in a special education program.
11    As used in this Section, "alternative school" means a
12public school which is created and operated by a Regional
13Superintendent of Schools and approved by the State Board of
14Education. Such alternative schools may offer courses of
15instruction for which credit is given in regular school
16programs, courses to prepare students for the high school
17equivalency testing program or vocational and occupational
18training. A regional superintendent of schools may contract
19with a school district or a public community college district
20to operate an alternative school. An alternative school serving
21more than one educational service region may be established by
22the regional superintendents of schools of the affected
23educational service regions. An alternative school serving
24more than one educational service region may be operated under
25such terms as the regional superintendents of schools of those
26educational service regions may agree.

 

 

HB0390- 37 -LRB099 06099 NHT 26154 b

1    Each laboratory and alternative school shall file, on forms
2provided by the State Superintendent of Education, an annual
3State aid claim which states the Average Daily Attendance of
4the school's students by month. The best 3 months' Average
5Daily Attendance shall be computed for each school. The general
6State aid entitlement shall be computed by multiplying the
7applicable Average Daily Attendance by the Foundation Level as
8determined under this Section.
 
9(L) Payments, Additional Grants in Aid and Other Requirements.
10    (1) For a school district operating under the financial
11supervision of an Authority created under Article 34A, the
12general State aid otherwise payable to that district under this
13Section, but not the supplemental general State aid, shall be
14reduced by an amount equal to the budget for the operations of
15the Authority as certified by the Authority to the State Board
16of Education, and an amount equal to such reduction shall be
17paid to the Authority created for such district for its
18operating expenses in the manner provided in Section 18-11. The
19remainder of general State school aid for any such district
20shall be paid in accordance with Article 34A when that Article
21provides for a disposition other than that provided by this
22Article.
23    (2) (Blank).
24    (3) Summer school. Summer school payments shall be made as
25provided in Section 18-4.3.
 

 

 

HB0390- 38 -LRB099 06099 NHT 26154 b

1(M) Education Funding Advisory Board.
2    The Education Funding Advisory Board, hereinafter in this
3subsection (M) referred to as the "Board", is hereby created.
4The Board shall consist of 5 members who are appointed by the
5Governor, by and with the advice and consent of the Senate. The
6members appointed shall include representatives of education,
7business, and the general public. One of the members so
8appointed shall be designated by the Governor at the time the
9appointment is made as the chairperson of the Board. The
10initial members of the Board may be appointed any time after
11the effective date of this amendatory Act of 1997. The regular
12term of each member of the Board shall be for 4 years from the
13third Monday of January of the year in which the term of the
14member's appointment is to commence, except that of the 5
15initial members appointed to serve on the Board, the member who
16is appointed as the chairperson shall serve for a term that
17commences on the date of his or her appointment and expires on
18the third Monday of January, 2002, and the remaining 4 members,
19by lots drawn at the first meeting of the Board that is held
20after all 5 members are appointed, shall determine 2 of their
21number to serve for terms that commence on the date of their
22respective appointments and expire on the third Monday of
23January, 2001, and 2 of their number to serve for terms that
24commence on the date of their respective appointments and
25expire on the third Monday of January, 2000. All members

 

 

HB0390- 39 -LRB099 06099 NHT 26154 b

1appointed to serve on the Board shall serve until their
2respective successors are appointed and confirmed. Vacancies
3shall be filled in the same manner as original appointments. If
4a vacancy in membership occurs at a time when the Senate is not
5in session, the Governor shall make a temporary appointment
6until the next meeting of the Senate, when he or she shall
7appoint, by and with the advice and consent of the Senate, a
8person to fill that membership for the unexpired term. If the
9Senate is not in session when the initial appointments are
10made, those appointments shall be made as in the case of
11vacancies.
12    The Education Funding Advisory Board shall be deemed
13established, and the initial members appointed by the Governor
14to serve as members of the Board shall take office, on the date
15that the Governor makes his or her appointment of the fifth
16initial member of the Board, whether those initial members are
17then serving pursuant to appointment and confirmation or
18pursuant to temporary appointments that are made by the
19Governor as in the case of vacancies.
20    The State Board of Education shall provide such staff
21assistance to the Education Funding Advisory Board as is
22reasonably required for the proper performance by the Board of
23its responsibilities.
24    For school years after the 2000-2001 school year, the
25Education Funding Advisory Board, in consultation with the
26State Board of Education, shall make recommendations as

 

 

HB0390- 40 -LRB099 06099 NHT 26154 b

1provided in this subsection (M) to the General Assembly for the
2foundation level under subdivision (B)(3) of this Section and
3for the supplemental general State aid grant level under
4subsection (H) of this Section for districts with high
5concentrations of children from poverty. The recommended
6foundation level shall be determined based on a methodology
7which incorporates the basic education expenditures of
8low-spending schools exhibiting high academic performance. The
9Education Funding Advisory Board shall make such
10recommendations to the General Assembly on January 1 of odd
11numbered years, beginning January 1, 2001.
 
12(N) (Blank).
 
13(O) References.
14    (1) References in other laws to the various subdivisions of
15Section 18-8 as that Section existed before its repeal and
16replacement by this Section 18-8.05 shall be deemed to refer to
17the corresponding provisions of this Section 18-8.05, to the
18extent that those references remain applicable.
19    (2) References in other laws to State Chapter 1 funds shall
20be deemed to refer to the supplemental general State aid
21provided under subsection (H) of this Section.
 
22(P) Public Act 93-838 and Public Act 93-808 make inconsistent
23changes to this Section. Under Section 6 of the Statute on

 

 

HB0390- 41 -LRB099 06099 NHT 26154 b

1Statutes there is an irreconcilable conflict between Public Act
293-808 and Public Act 93-838. Public Act 93-838, being the last
3acted upon, is controlling. The text of Public Act 93-838 is
4the law regardless of the text of Public Act 93-808.
5(Source: P.A. 97-339, eff. 8-12-11; 97-351, eff. 8-12-11;
697-742, eff. 6-30-13; 97-813, eff. 7-13-12; 98-972, eff.
78-15-14.)
 
8    Section 99. Effective date. This Act takes effect July 1,
92015.