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90_HB1097ham001
LRB9003835THpkam
1 AMENDMENT TO HOUSE BILL 1097
2 AMENDMENT NO. . Amend House Bill 1097 by replacing
3 the title with the following:
4 "AN ACT to amend the School Code by changing Section
5 18-8."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The School Code is amended by changing
9 Section 18-8 as follows:
10 (105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
11 Sec. 18-8. Basis for apportionment to districts,
12 laboratory schools and alternative schools.
13 A. The amounts to be apportioned shall be determined for
14 each educational service region by school districts, as
15 follows:
16 1. General Provisions.
17 (a) In the computation of the amounts to be apportioned,
18 the average daily attendance of all pupils in grades 9
19 through 12 shall be multiplied by 1.25. The average daily
20 attendance of all pupils in grades 7 and 8 shall be
21 multiplied by 1.05.
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1 (b) The actual number of pupils in average daily
2 attendance shall be computed in a one-teacher school district
3 by dividing the total aggregate days of pupil attendance by
4 the actual number of days school is in session but not more
5 than 30 such pupils shall be accredited for such type of
6 district; and in districts of 2 or more teachers, or in
7 districts where records of attendance are kept by session
8 teachers, by taking the sum of the respective averages of the
9 units composing the group.
10 (c) Pupils in average daily attendance shall be computed
11 upon the average of the best 3 months of pupils attendance of
12 the current school year except as district claims may be
13 later amended as provided hereinafter in this Section.
14 However, for any school district maintaining grades
15 kindergarten through 12, the "average daily attendance" shall
16 be computed on the average of the best 3 months of pupils
17 attendance of the current year in grades kindergarten through
18 8, added together with the average of the best 3 months of
19 pupils attendance of the current year in grades 9 through 12,
20 except as district claims may be later amended as provided in
21 this Section. Days of attendance shall be kept by regular
22 calendar months, except any days of attendance in August
23 shall be added to the month of September and any days of
24 attendance in June shall be added to the month of May.
25 Except as otherwise provided in this Section, days of
26 attendance by pupils shall be counted only for sessions of
27 not less than 5 clock hours of school work per day under
28 direct supervision of: (i) teachers, or (ii) non-teaching
29 personnel or volunteer personnel when engaging in
30 non-teaching duties and supervising in those instances
31 specified in subsection (a) of Section 10-22.34 and paragraph
32 10 of Section 34-18, with pupils of legal school age and in
33 kindergarten and grades 1 through 12.
34 (d) Pupils regularly enrolled in a public school for
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1 only a part of the school day may be counted on the basis of
2 1/6 day for every class hour of instruction of 40 minutes or
3 more attended pursuant to such enrollment.
4 (e) Days of attendance may be less than 5 clock hours on
5 the opening and closing of the school term, and upon the
6 first day of pupil attendance, if preceded by a day or days
7 utilized as an institute or teachers' workshop.
8 (f) A session of 4 or more clock hours may be counted as
9 a day of attendance upon certification by the regional
10 superintendent, and approved by the State Superintendent of
11 Education to the extent that the district has been forced to
12 use daily multiple sessions.
13 (g) A session of 3 or more clock hours may be counted as
14 a day of attendance (1) when the remainder of the school day
15 or at least 2 hours in the evening of that day is utilized
16 for an in-service training program for teachers, up to a
17 maximum of 5 days per school year of which a maximum of 4
18 days of such 5 days may be used for parent-teacher
19 conferences, provided a district conducts an in-service
20 training program for teachers which has been approved by the
21 State Superintendent of Education; or, in lieu of 4 such
22 days, 2 full days may be used, in which event each such day
23 may be counted as a day of attendance; and (2) when days in
24 addition to those provided in item (1) are scheduled by a
25 school pursuant to its school improvement plan adopted under
26 Article 34 or its revised or amended school improvement plan
27 adopted under Article 2, provided that (i) such sessions of 3
28 or more clock hours are scheduled to occur at regular
29 intervals, (ii) the remainder of the school days in which
30 such sessions occur are utilized for in-service training
31 programs or other staff development activities for teachers,
32 and (iii) a sufficient number of minutes of school work under
33 the direct supervision of teachers are added to the school
34 days between such regularly scheduled sessions to accumulate
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1 not less than the number of minutes by which such sessions of
2 3 or more clock hours fall short of 5 clock hours. Any full
3 days used for the purposes of this paragraph shall not be
4 considered for computing average daily attendance. Days
5 scheduled for in-service training programs, staff development
6 activities, or parent-teacher conferences may be scheduled
7 separately for different grade levels and different
8 attendance centers of the district.
9 (h) A session of not less than one clock hour teaching
10 of hospitalized or homebound pupils on-site or by telephone
11 to the classroom may be counted as 1/2 day of attendance,
12 however these pupils must receive 4 or more clock hours of
13 instruction to be counted for a full day of attendance.
14 (i) A session of at least 4 clock hours may be counted
15 as a day of attendance for first grade pupils, and pupils in
16 full day kindergartens, and a session of 2 or more hours may
17 be counted as 1/2 day of attendance by pupils in
18 kindergartens which provide only 1/2 day of attendance.
19 (j) For children with disabilities who are below the age
20 of 6 years and who cannot attend two or more clock hours
21 because of their disability or immaturity, a session of not
22 less than one clock hour may be counted as 1/2 day of
23 attendance; however for such children whose educational needs
24 so require a session of 4 or more clock hours may be counted
25 as a full day of attendance.
26 (k) A recognized kindergarten which provides for only
27 1/2 day of attendance by each pupil shall not have more than
28 1/2 day of attendance counted in any 1 day. However,
29 kindergartens may count 2 1/2 days of attendance in any 5
30 consecutive school days. Where a pupil attends such a
31 kindergarten for 2 half days on any one school day, such
32 pupil shall have the following day as a day absent from
33 school, unless the school district obtains permission in
34 writing from the State Superintendent of Education.
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1 Attendance at kindergartens which provide for a full day of
2 attendance by each pupil shall be counted the same as
3 attendance by first grade pupils. Only the first year of
4 attendance in one kindergarten shall be counted except in
5 case of children who entered the kindergarten in their fifth
6 year whose educational development requires a second year of
7 kindergarten as determined under the rules and regulations of
8 the State Board of Education.
9 (l) Days of attendance by tuition pupils shall be
10 accredited only to the districts that pay the tuition to a
11 recognized school.
12 (m) The greater of the immediately preceding year's
13 weighted average daily attendance or the average of the
14 weighted average daily attendance of the immediately
15 preceding year and the previous 2 years shall be used.
16 For any school year beginning July 1, 1986 or thereafter,
17 if the weighted average daily attendance in either grades
18 kindergarten through 8 or grades 9 through 12 of a district
19 as computed for the first calendar month of the current
20 school year exceeds by more than 5%, but not less than 25
21 pupils, the district's weighted average daily attendance for
22 the first calendar month of the immediately preceding year
23 in, respectively, grades kindergarten through 8 or grades 9
24 through 12, a supplementary payment shall be made to the
25 district equal to the difference in the amount of aid the
26 district would be paid under this Section using the weighted
27 average daily attendance in the district as computed for the
28 first calendar month of the current school year and the
29 amount of aid the district would be paid using the weighted
30 average daily attendance in the district for the first
31 calendar month of the immediately preceding year. Such
32 supplementary State aid payment shall be paid to the district
33 as provided in Section 18-8.4 and shall be treated as
34 separate from all other payments made pursuant to this
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1 Section 18-8.
2 (n) The number of low income eligible pupils in a
3 district shall result in an increase in the weighted average
4 daily attendance calculated as follows: The number of low
5 income pupils shall increase the weighted ADA by .53 for each
6 student adjusted by dividing the percent of low income
7 eligible pupils in the district by the ratio of eligible low
8 income pupils in the State to the best 3 months' weighted
9 average daily attendance in the State. In no case may the
10 adjustment under this paragraph result in a greater weighting
11 than .625 for each eligible low income student. The number
12 of low income eligible pupils in a district shall be the
13 low-income eligible count from the most recently available
14 federal census and the weighted average daily attendance
15 shall be calculated in accordance with the other provisions
16 of this paragraph.
17 (o) Any school district which fails for any given school
18 year to maintain school as required by law, or to maintain a
19 recognized school is not eligible to file for such school
20 year any claim upon the common school fund. In case of
21 nonrecognition of one or more attendance centers in a school
22 district otherwise operating recognized schools, the claim of
23 the district shall be reduced in the proportion which the
24 average daily attendance in the attendance center or centers
25 bear to the average daily attendance in the school district.
26 A "recognized school" means any public school which meets the
27 standards as established for recognition by the State Board
28 of Education. A school district or attendance center not
29 having recognition status at the end of a school term is
30 entitled to receive State aid payments due upon a legal claim
31 which was filed while it was recognized.
32 (p) School district claims filed under this Section are
33 subject to Sections 18-9, 18-10 and 18-12, except as herein
34 otherwise provided.
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1 (q) The State Board of Education shall secure from the
2 Department of Revenue the value as equalized or assessed by
3 the Department of Revenue of all taxable property of every
4 school district together with the applicable tax rate used in
5 extending taxes for the funds of the district as of September
6 30 of the previous year. The Department of Revenue shall add
7 to the equalized assessed value of all taxable property of
8 each school district situated entirely or partially within a
9 county with 2,000,000 or more inhabitants an amount equal to
10 the total amount by which the homestead exemptions allowed
11 under Sections 15-170 and 15-175 of the Property Tax Code for
12 real property situated in that school district exceeds the
13 total amount that would have been allowed in that school
14 district as homestead exemptions under those Sections if the
15 maximum reduction under Section 15-170 of the Property Tax
16 Code was $2,000 and the maximum reduction under Section
17 15-175 of the Property Tax Code was $3,500. The county clerk
18 of any county with 2,000,000 or more inhabitants shall
19 annually calculate and certify to the Department for each
20 school district all homestead exemption amounts required by
21 this amendatory Act of 1992. In a new district which has not
22 had any tax rates yet determined for extension of taxes, a
23 leveled uniform rate shall be computed from the latest amount
24 of the fund taxes extended on the several areas within such
25 new district.
26 (r) If a school district operates a full year school
27 under Section 10-19.1, the general state aid to the school
28 district shall be determined by the State Board of Education
29 in accordance with this Section as near as may be applicable.
30 2. New or recomputed claim. The general State aid
31 entitlement for a newly created school district or a district
32 which has annexed an entire school district shall be computed
33 using attendance, compensatory pupil counts, equalized
34 assessed valuation, and tax rate data which would have been
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1 used had the district been in existence for 3 years. General
2 State aid entitlements shall not be recomputed except as
3 permitted herein.
4 3. Impaction. Impaction payments shall be made as
5 provided for in Section 18-4.2.
6 4. Summer school. Summer school payments shall be made
7 as provided in Section 18-4.3.
8 5. Computation of State aid. The State grant shall be
9 determined as follows:
10 (a) The State shall guarantee the amount of money that a
11 district's operating tax rate as limited in other Sections of
12 this Act would produce if every district maintaining grades
13 kindergarten through 12 had an equalized assessed valuation
14 equal to $74,791 per weighted ADA pupil; every district
15 maintaining grades kindergarten through 8 had an equalized
16 assessed valuation of $108,644 per weighted ADA pupil; and
17 every district maintaining grades 9 through 12 had an
18 equalized assessed valuation of $187,657 per weighted ADA
19 pupil. The State Board of Education shall adjust the
20 equalized assessed valuation amounts stated in this
21 paragraph, if necessary, to conform to the amount of the
22 appropriation approved for any fiscal year.
23 (b) The operating tax rate to be used shall consist of
24 all district taxes extended for all purposes except community
25 college educational purposes for the payment of tuition under
26 Section 6-1 of the Public Community College Act, Bond and
27 Interest, Summer School, Rent, Capital Improvement and
28 Vocational Education Building. Any district may elect to
29 exclude Transportation from the calculation of its operating
30 tax rate. Districts may include taxes extended for the
31 payment of principal and interest on bonds issued under the
32 provisions of Sections 17-2.11a and 20-2 at a rate of .05%
33 per year for each purpose or the actual rate extended,
34 whichever is less.
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1 (c) For calculation of aid under this Act a district
2 shall use the combined authorized tax rates of all funds not
3 exempt in (b) above, not to exceed 2.76% of the value of all
4 its taxable property as equalized or assessed by the
5 Department of Revenue for districts maintaining grades
6 kindergarten through 12; 1.90% of the value of all its
7 taxable property as equalized or assessed by the Department
8 of Revenue for districts maintaining grades kindergarten
9 through 8 only; 1.10% of the value of all its taxable
10 property as equalized or assessed by the Department of
11 Revenue for districts maintaining grades 9 through 12 only.
12 A district may, however, as provided in Article 17, increase
13 its operating tax rate above the maximum rate provided in
14 this subsection without affecting the amount of State aid to
15 which it is entitled under this Act.
16 (d) (1) For districts maintaining grades kindergarten
17 through 12 with an operating tax rate as described in
18 subsections 5(b) and (c) of less than 2.18%, and districts
19 maintaining grades kindergarten through 8 with an operating
20 tax rate of less than 1.28%, State aid shall be computed by
21 multiplying the difference between the guaranteed equalized
22 assessed valuation per weighted ADA pupil in subsection 5(a)
23 and the equalized assessed valuation per weighted ADA pupil
24 in the district by the operating tax rate, multiplied by the
25 weighted average daily attendance of the district; provided,
26 however, that for the 1989-1990 school year only, a school
27 district maintaining grades kindergarten through 8 whose
28 operating tax rate with reference to which its general State
29 aid for the 1989-1990 school year is determined is less than
30 1.28% and more than 1.090%, and which had an operating tax
31 rate of 1.28% or more for the previous year, shall have its
32 general State aid computed according to the provisions of
33 subsection 5(d)(2).
34 (2) For districts maintaining grades kindergarten
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1 through 12 with an operating tax rate as described in
2 subsection 5(b) and (c) of 2.18% and above, the State aid
3 shall be computed as provided in subsection (d) (1) but as
4 though the district had an operating tax rate of 2.76%; in
5 K-8 districts with an operating tax rate of 1.28% and above,
6 the State aid shall be computed as provided in subsection (d)
7 (1) but as though the district had an operating tax rate of
8 1.90%; and in 9-12 districts, the State aid shall be computed
9 by multiplying the difference between the guaranteed
10 equalized assessed valuation per weighted average daily
11 attendance pupil in subsection 5(a) and the equalized
12 assessed valuation per weighted average daily attendance
13 pupil in the district by the operating tax rate, not to
14 exceed 1.10%, multiplied by the weighted average daily
15 attendance of the district. State aid computed under the
16 provisions of this subsection (d) (2) shall be treated as
17 separate from all other payments made pursuant to this
18 Section. The State Comptroller and State Treasurer shall
19 transfer from the General Revenue Fund to the Common School
20 Fund the amounts necessary to permit these claims to be paid
21 in equal installments along with other State aid payments
22 remaining to be made for the 1983-1984 school year under this
23 Section.
24 (3) For any school district whose 1995 equalized
25 assessed valuation is at least 6% less than its 1994
26 equalized assessed valuation as the result of a reduction in
27 the equalized assessed valuation of the taxable property
28 within such district of any one taxpayer whose taxable
29 property within the district has a 1994 equalized assessed
30 valuation constituting at least 20% of the 1994 equalized
31 assessed valuation of all taxable property within the
32 district, the 1996-97 State aid of such district shall be
33 computed using its 1995 equalized assessed valuation.
34 (4) For any school district whose 1988 equalized
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1 assessed valuation is 55% or less of its 1981 equalized
2 assessed valuation, the 1990-91 State aid of such district
3 shall be computed by multiplying the 1988 equalized assessed
4 valuation by a factor of .8. Any such school district which
5 is reorganized effective for the 1991-92 school year shall
6 use the formula provided in this subparagraph for purposes of
7 the calculation made pursuant to subsection (m) of this
8 Section.
9 (5) For any school district whose 1995 equalized
10 assessed valuation is at least 4.6% less than its 1994
11 equalized assessed valuation as the result of a reduction in
12 the equalized assessed valuation of the taxable property
13 within such district of any one taxpayer whose taxable
14 property within the district has a 1994 equalized assessed
15 valuation constituting at least 14% of the 1994 equalized
16 assessed valuation of all taxable property within the
17 district, the 1996-97 State aid of such district shall be
18 computed using its 1995 equalized assessed valuation.
19 (e) The amount of State aid shall be computed under the
20 provisions of subsections 5(a) through 5(d) provided the
21 equalized assessed valuation per weighted ADA pupil is less
22 than .87 of the amounts in subsection 5(a). If the equalized
23 assessed valuation per weighted ADA pupil is equal to or
24 greater than .87 of the amounts in subsection 5(a), the State
25 aid shall be computed under the provisions of subsection
26 5(f).
27 (f) If the equalized assessed valuation per weighted ADA
28 pupil is equal to or greater than .87 of the amounts in
29 subsection 5(a), the State aid per weighted ADA pupil shall
30 be computed by multiplying the product of .13 times the
31 maximum per pupil amount computed under the provisions of
32 subsections 5(a) through 5(d) by an amount equal to the
33 quotient of .87 times the equalized assessed valuation per
34 weighted ADA pupil in subsection 5(a) for that type of
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1 district divided by the district equalized valuation per
2 weighted ADA pupil except in no case shall the district
3 receive State aid per weighted ADA pupil of less than .07
4 times the maximum per pupil amount computed under the
5 provisions of subsections 5(a) through 5(d).
6 (g) In addition to the above grants, summer school
7 grants shall be made based upon the calculation as provided
8 in subsection 4 of this Section.
9 (h) The board of any district receiving any of the
10 grants provided for in this Section may apply those funds to
11 any fund so received for which that board is authorized to
12 make expenditures by law.
13 (i) (1) (a) In school districts with an average daily
14 attendance of 50,000 or more, the amount which is provided
15 under subsection 1(n) of this Section by the application of a
16 base Chapter 1 weighting factor of .375 shall be distributed
17 to the attendance centers within the district in proportion
18 to the number of pupils enrolled at each attendance center
19 who are eligible to receive free or reduced-price lunches or
20 breakfasts under the federal Child Nutrition Act of 1966 and
21 under the National School Lunch Act during the immediately
22 preceding school year. The amount of State aid provided
23 under subsection 1(n) of this Section by the application of
24 the Chapter 1 weighting factor in excess of .375 shall be
25 distributed to the attendance centers within the district in
26 proportion to the total enrollment at each attendance center.
27 Beginning with school year 1989-90, and each school year
28 thereafter, all funds provided under subsection 1 (n) of this
29 Section by the application of the Chapter 1 weighting factor
30 which are in excess of the level of non-targeted Chapter 1
31 funds in school year 1988-89 shall be distributed to
32 attendance centers, and only to attendance centers, within
33 the district in proportion to the number of pupils enrolled
34 at each attendance center who are eligible to receive free or
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1 reduced price lunches or breakfasts under the Federal Child
2 Nutrition Act and under the National School Lunch Act during
3 the immediately preceding school year. Beginning in school
4 year 1989-90, 25% of the previously non-targeted Chapter 1
5 funds as established for school year 1988-89 shall also be
6 distributed to the attendance centers, and only to attendance
7 centers, in the district in proportion to the number of
8 pupils enrolled at each attendance center who are eligible to
9 receive free or reduced price lunches or breakfasts under the
10 Federal Child Nutrition Act and under the National School
11 Lunch Act during the immediately preceding school year; in
12 school year 1990-91, 50% of the previously non-targeted
13 Chapter 1 funds as established for school year 1988-89 shall
14 be distributed to attendance centers, and only to attendance
15 centers, in the district in proportion to the number of
16 pupils enrolled at each attendance center who are eligible to
17 receive such free or reduced price lunches or breakfasts
18 during the immediately preceding school year; in school year
19 1991-92, 75% of the previously non-targeted Chapter 1 funds
20 as established for school year 1988-89 shall be distributed
21 to attendance centers, and only to attendance centers, in the
22 district in proportion to the number of pupils enrolled at
23 each attendance center who are eligible to receive such free
24 or reduced price lunches or breakfasts during the immediately
25 preceding school year; in school year 1992-93 and thereafter,
26 all funds provided under subsection 1 (n) of this Section by
27 the application of the Chapter 1 weighting factor shall be
28 distributed to attendance centers, and only to attendance
29 centers, in the district in proportion to the number of
30 pupils enrolled at each attendance center who are eligible to
31 receive free or reduced price lunches or breakfasts under the
32 Federal Child Nutrition Act and under the National School
33 Lunch Act during the immediately preceding school year;
34 provided, however, that the distribution formula in effect
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1 beginning with school year 1989-90 shall not be applicable to
2 such portion of State aid provided under subsection 1 (n) of
3 this Section by the application of the Chapter 1 weighting
4 formula as is set aside and appropriated by the school
5 district for the purpose of providing desegregation programs
6 and related transportation to students (which portion shall
7 not exceed 5% of the total amount of State aid which is
8 provided under subsection 1 (n) of this Section by
9 application of the Chapter 1 weighting formula), and the
10 relevant percentages shall be applied to the remaining
11 portion of such State aid. The distribution of these
12 portions of general State aid among attendance centers
13 according to these requirements shall not be compensated for
14 or contravened by adjustments of the total of other funds
15 appropriated to any attendance centers. (b) The Board of
16 Education shall utilize funding from one or several sources
17 in order to fully implement this provision annually prior to
18 the opening of school. The Board of Education shall apply
19 savings from reduced administrative costs required under
20 Section 34-43.1 and growth in non-Chapter 1 State and local
21 funds to assure that all attendance centers receive funding
22 to replace losses due to redistribution of Chapter 1 funding.
23 The distribution formula and funding to replace losses due to
24 the distribution formula shall occur, in full, using any and
25 all sources available, including, if necessary, revenue from
26 administrative reductions beyond those required in Section
27 34-43.1, in order to provide the necessary funds. (c) Each
28 attendance center shall be provided by the school district a
29 distribution of noncategorical funds and other categorical
30 funds to which an attendance center is entitled under law in
31 order that the State aid provided by application of the
32 Chapter 1 weighting factor and required to be distributed
33 among attendance centers according to the requirements of
34 this paragraph supplements rather than supplants the
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1 noncategorical funds and other categorical funds provided by
2 the school district to the attendance centers.
3 Notwithstanding the foregoing provisions of this subsection
4 5(i)(1) or any other law to the contrary, beginning with the
5 1995-1996 school year and for each school year thereafter,
6 the board of a school district to which the provisions of
7 this subsection apply shall be required to allocate or
8 provide to attendance centers of the district in any such
9 school year, from the State aid provided for the district
10 under this Section by application of the Chapter 1 weighting
11 factor, an aggregate amount of not less than $261,000,000 of
12 State Chapter 1 funds. Any State Chapter 1 funds that by
13 reason of the provisions of this paragraph are not required
14 to be allocated and provided to attendance centers may be
15 used and appropriated by the board of the district for any
16 lawful school purpose. Chapter 1 funds received by an
17 attendance center (except those funds set aside for
18 desegregation programs and related transportation to
19 students) shall be used on the schedule cited in this Section
20 at the attendance center at the discretion of the principal
21 and local school council for programs to improve educational
22 opportunities at qualifying schools through the following
23 programs and services: early childhood education, reduced
24 class size or improved adult to student classroom ratio,
25 enrichment programs, remedial assistance, attendance
26 improvement and other educationally beneficial expenditures
27 which supplement the regular and basic programs as determined
28 by the State Board of Education. Chapter 1 funds shall not
29 be expended for any political or lobbying purposes as defined
30 by board rule. (d) Each district subject to the provisions of
31 this paragraph shall submit an acceptable plan to meet the
32 educational needs of disadvantaged children, in compliance
33 with the requirements of this paragraph, to the State Board
34 of Education prior to July 15 of each year. This plan shall
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1 be consistent with the decisions of local school councils
2 concerning the school expenditure plans developed in
3 accordance with part 4 of Section 34-2.3. The State Board
4 shall approve or reject the plan within 60 days after its
5 submission. If the plan is rejected the district shall give
6 written notice of intent to modify the plan within 15 days of
7 the notification of rejection and then submit a modified plan
8 within 30 days after the date of the written notice of intent
9 to modify. Districts may amend approved plans pursuant to
10 rules promulgated by the State Board of Education.
11 Upon notification by the State Board of Education that
12 the district has not submitted a plan prior to July 15 or a
13 modified plan within the time period specified herein, the
14 State aid funds affected by said plan or modified plan shall
15 be withheld by the State Board of Education until a plan or
16 modified plan is submitted.
17 If the district fails to distribute State aid to
18 attendance centers in accordance with an approved plan, the
19 plan for the following year shall allocate funds, in addition
20 to the funds otherwise required by this subparagraph, to
21 those attendance centers which were underfunded during the
22 previous year in amounts equal to such underfunding.
23 For purposes of determining compliance with this
24 subsection in relation to Chapter 1 expenditures, each
25 district subject to the provisions of this subsection shall
26 submit as a separate document by December 1 of each year a
27 report of Chapter 1 expenditure data for the prior year in
28 addition to any modification of its current plan. If it is
29 determined that there has been a failure to comply with the
30 expenditure provisions of this subsection regarding
31 contravention or supplanting, the State Superintendent of
32 Education shall, within 60 days of receipt of the report,
33 notify the district and any affected local school council.
34 The district shall within 45 days of receipt of that
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1 notification inform the State Superintendent of Education of
2 the remedial or corrective action to be taken, whether by
3 amendment of the current plan, if feasible, or by adjustment
4 in the plan for the following year. Failure to provide the
5 expenditure report or the notification of remedial or
6 corrective action in a timely manner shall result in a
7 withholding of the affected funds.
8 The State Board of Education shall promulgate rules and
9 regulations to implement the provisions of this subsection
10 5(i)(1). No funds shall be released under subsection 1(n) of
11 this Section or under this subsection 5(i)(1) to any district
12 which has not submitted a plan which has been approved by the
13 State Board of Education.
14 (2) School districts with an average daily attendance of
15 more than 1,000 and less than 50,000 and having a low income
16 pupil weighting factor in excess of .53 shall submit a plan
17 to the State Board of Education prior to October 30 of each
18 year for the use of the funds resulting from the application
19 of subsection 1(n) of this Section for the improvement of
20 instruction in which priority is given to meeting the
21 education needs of disadvantaged children. Such plan shall
22 be submitted in accordance with rules and regulations
23 promulgated by the State Board of Education.
24 (j) For the purposes of calculating State aid under this
25 Section, with respect to any part of a school district within
26 a redevelopment project area in respect to which a
27 municipality has adopted tax increment allocation financing
28 pursuant to the Tax Increment Allocation Redevelopment Act,
29 Sections 11-74.4-1 through 11-74.4-11 of the Illinois
30 Municipal Code or the Industrial Jobs Recovery Law, Sections
31 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code,
32 no part of the current equalized assessed valuation of real
33 property located in any such project area which is
34 attributable to an increase above the total initial equalized
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1 assessed valuation of such property shall be used in
2 computing the equalized assessed valuation per weighted ADA
3 pupil in the district, until such time as all redevelopment
4 project costs have been paid, as provided in Section
5 11-74.4-8 of the Tax Increment Allocation Redevelopment Act
6 or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
7 For the purpose of computing the equalized assessed valuation
8 per weighted ADA pupil in the district the total initial
9 equalized assessed valuation or the current equalized
10 assessed valuation, whichever is lower, shall be used until
11 such time as all redevelopment project costs have been paid.
12 (k) For a school district operating under the financial
13 supervision of an Authority created under Article 34A, the
14 State aid otherwise payable to that district under this
15 Section, other than State aid attributable to Chapter 1
16 students, shall be reduced by an amount equal to the budget
17 for the operations of the Authority as certified by the
18 Authority to the State Board of Education, and an amount
19 equal to such reduction shall be paid to the Authority
20 created for such district for its operating expenses in the
21 manner provided in Section 18-11. The remainder of State
22 school aid for any such district shall be paid in accordance
23 with Article 34A when that Article provides for a disposition
24 other than that provided by this Article.
25 (l) For purposes of calculating State aid under this
26 Section, the equalized assessed valuation for a school
27 district used to compute State aid shall be determined by
28 adding to the real property equalized assessed valuation for
29 the district an amount computed by dividing the amount of
30 money received by the district under the provisions of "An
31 Act in relation to the abolition of ad valorem personal
32 property tax and the replacement of revenues lost thereby",
33 certified August 14, 1979, by the total tax rate for the
34 district. For purposes of this subsection 1976 tax rates
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1 shall be used for school districts in the county of Cook and
2 1977 tax rates shall be used for school districts in all
3 other counties.
4 (m) (1) For a new school district formed by combining
5 property included totally within 2 or more previously
6 existing school districts, for its first year of existence or
7 if the new district was formed after October 31, 1982 and
8 prior to September 23, 1985, for the year immediately
9 following September 23, 1985, the State aid calculated under
10 this Section shall be computed for the new district and for
11 the previously existing districts for which property is
12 totally included within the new district. If the computation
13 on the basis of the previously existing districts is greater,
14 a supplementary payment equal to the difference shall be made
15 for the first 3 years of existence of the new district or if
16 the new district was formed after October 31, 1982 and prior
17 to September 23, 1985, for the 3 years immediately following
18 September 23, 1985.
19 (2) For a school district which annexes all of the
20 territory of one or more entire other school districts, for
21 the first year during which the change of boundaries
22 attributable to such annexation becomes effective for all
23 purposes as determined under Section 7-9 or 7A-8, the State
24 aid calculated under this Section shall be computed for the
25 annexing district as constituted after the annexation and for
26 the annexing and each annexed district as constituted prior
27 to the annexation; and if the computation on the basis of the
28 annexing and annexed districts as constituted prior to the
29 annexation is greater, a supplementary payment equal to the
30 difference shall be made for the first 3 years of existence
31 of the annexing school district as constituted upon such
32 annexation.
33 (3) For 2 or more school districts which annex all of
34 the territory of one or more entire other school districts,
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1 and for 2 or more community unit districts which result upon
2 the division (pursuant to petition under Section 11A-2) of
3 one or more other unit school districts into 2 or more parts
4 and which together include all of the parts into which such
5 other unit school district or districts are so divided, for
6 the first year during which the change of boundaries
7 attributable to such annexation or division becomes effective
8 for all purposes as determined under Section 7-9 or 11A-10,
9 as the case may be, the State aid calculated under this
10 Section shall be computed for each annexing or resulting
11 district as constituted after the annexation or division and
12 for each annexing and annexed district, or for each resulting
13 and divided district, as constituted prior to the annexation
14 or division; and if the aggregate of the State aid as so
15 computed for the annexing or resulting districts as
16 constituted after the annexation or division is less than the
17 aggregate of the State aid as so computed for the annexing
18 and annexed districts, or for the resulting and divided
19 districts, as constituted prior to the annexation or
20 division, then a supplementary payment equal to the
21 difference shall be made and allocated between or among the
22 annexing or resulting districts, as constituted upon such
23 annexation or division, for the first 3 years of their
24 existence. The total difference payment shall be allocated
25 between or among the annexing or resulting districts in the
26 same ratio as the pupil enrollment from that portion of the
27 annexed or divided district or districts which is annexed to
28 or included in each such annexing or resulting district bears
29 to the total pupil enrollment from the entire annexed or
30 divided district or districts, as such pupil enrollment is
31 determined for the school year last ending prior to the date
32 when the change of boundaries attributable to the annexation
33 or division becomes effective for all purposes. The amount
34 of the total difference payment and the amount thereof to be
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1 allocated to the annexing or resulting districts shall be
2 computed by the State Board of Education on the basis of
3 pupil enrollment and other data which shall be certified to
4 the State Board of Education, on forms which it shall provide
5 for that purpose, by the regional superintendent of schools
6 for each educational service region in which the annexing and
7 annexed districts, or resulting and divided districts are
8 located.
9 (4) If a unit school district annexes all the territory
10 of another unit school district effective for all purposes
11 pursuant to Section 7-9 on July 1, 1988, and if part of the
12 annexed territory is detached within 90 days after July 1,
13 1988, then the detachment shall be disregarded in computing
14 the supplementary State aid payments under this paragraph (m)
15 for the entire 3 year period and the supplementary State aid
16 payments shall not be diminished because of the detachment.
17 (5) Any supplementary State aid payment made under this
18 paragraph (m) shall be treated as separate from all other
19 payments made pursuant to this Section.
20 (n) For the purposes of calculating State aid under this
21 Section, the real property equalized assessed valuation for a
22 school district used to compute State aid shall be determined
23 by subtracting from the real property value as equalized or
24 assessed by the Department of Revenue for the district an
25 amount computed by dividing the amount of any abatement of
26 taxes under Section 18-170 of the Property Tax Code by the
27 maximum operating tax rates specified in subsection 5(c) of
28 this Section and an amount computed by dividing the amount of
29 any abatement of taxes under subsection (a) of Section 18-165
30 of the Property Tax Code by the maximum operating tax rates
31 specified in subsection 5(c) of this Section.
32 (o) Notwithstanding any other provisions of this
33 Section, for the 1996-1997 school year the amount of the
34 aggregate general State aid entitlement that is received
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1 under this Section by each school district for that school
2 year shall be not less than the amount of the aggregate
3 general State aid entitlement that was received by the
4 district under this Section for the 1995-1996 school year. If
5 a school district is to receive an aggregate general State
6 aid entitlement under this Section for the 1996-1997 school
7 year that is less than the amount of the aggregate general
8 State aid entitlement that the district received under this
9 Section for the 1995-1996 school year, the school district
10 shall also receive, from a separate appropriation made for
11 purposes of this paragraph (o), a supplementary payment that
12 is equal to the amount by which the general State aid
13 entitlement received by the district under this Section for
14 the 1995-1996 school year exceeds the general State aid
15 entitlement that the district is to receive under this
16 Section for the 1996-1997 school year. If the amount
17 appropriated for supplementary payments to school districts
18 under this paragraph (o) is insufficient for that purpose,
19 the supplementary payments that districts are to receive
20 under this paragraph shall be prorated according to the
21 aggregate amount of the appropriation made for purposes of
22 this paragraph.
23 B. In calculating the amount to be paid to the governing
24 board of a public university that operates a laboratory
25 school under this Section or to any alternative school that
26 is operated by a regional superintendent, the State Board of
27 Education shall require by rule such reporting requirements
28 as it deems necessary.
29 As used in this Section, "laboratory school" means a
30 public school which is created and operated by a public
31 university and approved by the State Board of Education. The
32 governing board of a public university which receives funds
33 from the State Board under this subsection B may not increase
34 the number of students enrolled in its laboratory school from
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1 a single district, if that district is already sending 50 or
2 more students, except under a mutual agreement between the
3 school board of a student's district of residence and the
4 university which operates the laboratory school. A
5 laboratory school may not have more than 1,000 students,
6 excluding students with disabilities in a special education
7 program.
8 As used in this Section, "alternative school" means a
9 public school which is created and operated by a Regional
10 Superintendent of Schools and approved by the State Board of
11 Education. Such alternative schools may offer courses of
12 instruction for which credit is given in regular school
13 programs, courses to prepare students for the high school
14 equivalency testing program or vocational and occupational
15 training.
16 Each laboratory and alternative school shall file, on
17 forms provided by the State Superintendent of Education, an
18 annual State aid claim which states the average daily
19 attendance of the school's students by month. The best 3
20 months' average daily attendance shall be computed for each
21 school. The weighted average daily attendance shall be
22 computed and the weighted average daily attendance for the
23 school's most recent 3 year average shall be compared to the
24 most recent weighted average daily attendance, and the
25 greater of the 2 shall be used for the calculation under this
26 subsection B. The general State aid entitlement shall be
27 computed by multiplying the school's student count by the
28 foundation level as determined under this Section.
29 (Source: P.A. 88-9; 88-45; 88-89; 88-386; 88-511; 88-537;
30 88-555; 88-641; 88-670, eff. 12-2-94; 89-15, eff. 5-30-95;
31 89-235, eff. 8-4-95; 89-397, eff. 8-20-95; 89-610, eff.
32 8-6-96; 89-618, eff. 8-9-96; 89-626, eff. 8-9-96; 89-679,
33 eff. 8-16-96; revised 9-10-96.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.".