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90_HB2130
105 ILCS 5/18-8 from Ch. 122, par. 18-8
Amends the School Code. Makes a technical change in the
State aid formula.
LRB9005093EGfg
LRB9005093EGfg
1 AN ACT to amend the School Code by changing Section 18-8
2 as follows:
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Section 18-8 as follows:
7 (105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
8 Sec. 18-8. Basis for apportionment to districts,
9 laboratory schools and alternative schools.
10 A. The amounts to be apportioned shall be determined for
11 each educational service region by school districts, as
12 follows:
13 1. General Provisions.
14 (a) In the computation of the amounts to be apportioned,
15 the average daily attendance of all pupils in grades 9
16 through 12 shall be multiplied by 1.25. The average daily
17 attendance of all pupils in grades 7 and 8 shall be
18 multiplied by 1.05.
19 (b) The actual number of pupils in average daily
20 attendance shall be computed in a one-teacher school district
21 by dividing the total aggregate days of pupil attendance by
22 the actual number of days that school is in session but not
23 more than 30 such pupils shall be accredited for such type of
24 district; and in districts of 2 or more teachers, or in
25 districts where records of attendance are kept by session
26 teachers, by taking the sum of the respective averages of the
27 units composing the group.
28 (c) Pupils in average daily attendance shall be computed
29 upon the average of the best 3 months of pupils attendance of
30 the current school year except as district claims may be
31 later amended as provided hereinafter in this Section.
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1 However, for any school district that maintains maintaining
2 grades kindergarten through 12, the "average daily
3 attendance" shall be computed on the average of the best 3
4 months of pupils attendance of the current year in grades
5 kindergarten through 8, added together with the average of
6 the best 3 months of pupils attendance of the current year in
7 grades 9 through 12, except as district claims may be later
8 amended as provided in this Section. Days of attendance
9 shall be kept by regular calendar months, except any days of
10 attendance in August shall be added to the month of September
11 and any days of attendance in June shall be added to the
12 month of May. Except as otherwise provided in this Section,
13 days of attendance by pupils shall be counted only for
14 sessions of not less than 5 clock hours of school work per
15 day under direct supervision of: (i) teachers, or (ii)
16 non-teaching personnel or volunteer personnel when engaging
17 in non-teaching duties and supervising in those instances
18 specified in subsection (a) of Section 10-22.34 and paragraph
19 10 of Section 34-18, with pupils of legal school age and in
20 kindergarten and grades 1 through 12.
21 (d) Pupils regularly enrolled in a public school for
22 only a part of the school day may be counted on the basis of
23 1/6 day for every class hour of instruction of 40 minutes or
24 more attended pursuant to such enrollment.
25 (e) Days of attendance may be less than 5 clock hours on
26 the opening and closing of the school term, and upon the
27 first day of pupil attendance, if preceded by a day or days
28 utilized as an institute or teachers' workshop.
29 (f) A session of 4 or more clock hours may be counted as
30 a day of attendance upon certification by the regional
31 superintendent, and approved by the State Superintendent of
32 Education to the extent that the district has been forced to
33 use daily multiple sessions.
34 (g) A session of 3 or more clock hours may be counted as
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1 a day of attendance (1) when the remainder of the school day
2 or at least 2 hours in the evening of that day is utilized
3 for an in-service training program for teachers, up to a
4 maximum of 5 days per school year of which a maximum of 4
5 days of such 5 days may be used for parent-teacher
6 conferences, provided a district conducts an in-service
7 training program for teachers which has been approved by the
8 State Superintendent of Education; or, in lieu of 4 such
9 days, 2 full days may be used, in which event each such day
10 may be counted as a day of attendance; and (2) when days in
11 addition to those provided in item (1) are scheduled by a
12 school pursuant to its school improvement plan adopted under
13 Article 34 or its revised or amended school improvement plan
14 adopted under Article 2, provided that (i) such sessions of 3
15 or more clock hours are scheduled to occur at regular
16 intervals, (ii) the remainder of the school days in which
17 such sessions occur are utilized for in-service training
18 programs or other staff development activities for teachers,
19 and (iii) a sufficient number of minutes of school work under
20 the direct supervision of teachers are added to the school
21 days between such regularly scheduled sessions to accumulate
22 not less than the number of minutes by which such sessions of
23 3 or more clock hours fall short of 5 clock hours. Any full
24 days used for the purposes of this paragraph shall not be
25 considered for computing average daily attendance. Days
26 scheduled for in-service training programs, staff development
27 activities, or parent-teacher conferences may be scheduled
28 separately for different grade levels and different
29 attendance centers of the district.
30 (h) A session of not less than one clock hour teaching
31 of hospitalized or homebound pupils on-site or by telephone
32 to the classroom may be counted as 1/2 day of attendance,
33 however these pupils must receive 4 or more clock hours of
34 instruction to be counted for a full day of attendance.
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1 (i) A session of at least 4 clock hours may be counted
2 as a day of attendance for first grade pupils, and pupils in
3 full day kindergartens, and a session of 2 or more hours may
4 be counted as 1/2 day of attendance by pupils in
5 kindergartens which provide only 1/2 day of attendance.
6 (j) For children with disabilities who are below the age
7 of 6 years and who cannot attend two or more clock hours
8 because of their disability or immaturity, a session of not
9 less than one clock hour may be counted as 1/2 day of
10 attendance; however for such children whose educational needs
11 so require a session of 4 or more clock hours may be counted
12 as a full day of attendance.
13 (k) A recognized kindergarten which provides for only
14 1/2 day of attendance by each pupil shall not have more than
15 1/2 day of attendance counted in any 1 day. However,
16 kindergartens may count 2 1/2 days of attendance in any 5
17 consecutive school days. Where a pupil attends such a
18 kindergarten for 2 half days on any one school day, such
19 pupil shall have the following day as a day absent from
20 school, unless the school district obtains permission in
21 writing from the State Superintendent of Education.
22 Attendance at kindergartens which provide for a full day of
23 attendance by each pupil shall be counted the same as
24 attendance by first grade pupils. Only the first year of
25 attendance in one kindergarten shall be counted except in
26 case of children who entered the kindergarten in their fifth
27 year whose educational development requires a second year of
28 kindergarten as determined under the rules and regulations of
29 the State Board of Education.
30 (l) Days of attendance by tuition pupils shall be
31 accredited only to the districts that pay the tuition to a
32 recognized school.
33 (m) The greater of the immediately preceding year's
34 weighted average daily attendance or the average of the
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1 weighted average daily attendance of the immediately
2 preceding year and the previous 2 years shall be used.
3 For any school year beginning July 1, 1986 or thereafter,
4 if the weighted average daily attendance in either grades
5 kindergarten through 8 or grades 9 through 12 of a district
6 as computed for the first calendar month of the current
7 school year exceeds by more than 5%, but not less than 25
8 pupils, the district's weighted average daily attendance for
9 the first calendar month of the immediately preceding year
10 in, respectively, grades kindergarten through 8 or grades 9
11 through 12, a supplementary payment shall be made to the
12 district equal to the difference in the amount of aid the
13 district would be paid under this Section using the weighted
14 average daily attendance in the district as computed for the
15 first calendar month of the current school year and the
16 amount of aid the district would be paid using the weighted
17 average daily attendance in the district for the first
18 calendar month of the immediately preceding year. Such
19 supplementary State aid payment shall be paid to the district
20 as provided in Section 18-8.4 and shall be treated as
21 separate from all other payments made pursuant to this
22 Section 18-8.
23 (n) The number of low income eligible pupils in a
24 district shall result in an increase in the weighted average
25 daily attendance calculated as follows: The number of low
26 income pupils shall increase the weighted ADA by .53 for each
27 student adjusted by dividing the percent of low income
28 eligible pupils in the district by the ratio of eligible low
29 income pupils in the State to the best 3 months' weighted
30 average daily attendance in the State. In no case may the
31 adjustment under this paragraph result in a greater weighting
32 than .625 for each eligible low income student. The number
33 of low income eligible pupils in a district shall be the
34 low-income eligible count from the most recently available
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1 federal census and the weighted average daily attendance
2 shall be calculated in accordance with the other provisions
3 of this paragraph.
4 (o) Any school district which fails for any given school
5 year to maintain school as required by law, or to maintain a
6 recognized school is not eligible to file for such school
7 year any claim upon the common school fund. In case of
8 nonrecognition of one or more attendance centers in a school
9 district otherwise operating recognized schools, the claim of
10 the district shall be reduced in the proportion which the
11 average daily attendance in the attendance center or centers
12 bear to the average daily attendance in the school district.
13 A "recognized school" means any public school which meets the
14 standards as established for recognition by the State Board
15 of Education. A school district or attendance center not
16 having recognition status at the end of a school term is
17 entitled to receive State aid payments due upon a legal claim
18 which was filed while it was recognized.
19 (p) School district claims filed under this Section are
20 subject to Sections 18-9, 18-10 and 18-12, except as herein
21 otherwise provided.
22 (q) The State Board of Education shall secure from the
23 Department of Revenue the value as equalized or assessed by
24 the Department of Revenue of all taxable property of every
25 school district together with the applicable tax rate used in
26 extending taxes for the funds of the district as of September
27 30 of the previous year. The Department of Revenue shall add
28 to the equalized assessed value of all taxable property of
29 each school district situated entirely or partially within a
30 county with 2,000,000 or more inhabitants an amount equal to
31 the total amount by which the homestead exemptions allowed
32 under Sections 15-170 and 15-175 of the Property Tax Code for
33 real property situated in that school district exceeds the
34 total amount that would have been allowed in that school
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1 district as homestead exemptions under those Sections if the
2 maximum reduction under Section 15-170 of the Property Tax
3 Code was $2,000 and the maximum reduction under Section
4 15-175 of the Property Tax Code was $3,500. The county clerk
5 of any county with 2,000,000 or more inhabitants shall
6 annually calculate and certify to the Department for each
7 school district all homestead exemption amounts required by
8 this amendatory Act of 1992. In a new district which has not
9 had any tax rates yet determined for extension of taxes, a
10 leveled uniform rate shall be computed from the latest amount
11 of the fund taxes extended on the several areas within such
12 new district.
13 (r) If a school district operates a full year school
14 under Section 10-19.1, the general state aid to the school
15 district shall be determined by the State Board of Education
16 in accordance with this Section as near as may be applicable.
17 2. New or recomputed claim. The general State aid
18 entitlement for a newly created school district or a district
19 which has annexed an entire school district shall be computed
20 using attendance, compensatory pupil counts, equalized
21 assessed valuation, and tax rate data which would have been
22 used had the district been in existence for 3 years. General
23 State aid entitlements shall not be recomputed except as
24 permitted herein.
25 3. Impaction. Impaction payments shall be made as
26 provided for in Section 18-4.2.
27 4. Summer school. Summer school payments shall be made
28 as provided in Section 18-4.3.
29 5. Computation of State aid. The State grant shall be
30 determined as follows:
31 (a) The State shall guarantee the amount of money that a
32 district's operating tax rate as limited in other Sections of
33 this Act would produce if every district maintaining grades
34 kindergarten through 12 had an equalized assessed valuation
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1 equal to $74,791 per weighted ADA pupil; every district
2 maintaining grades kindergarten through 8 had an equalized
3 assessed valuation of $108,644 per weighted ADA pupil; and
4 every district maintaining grades 9 through 12 had an
5 equalized assessed valuation of $187,657 per weighted ADA
6 pupil. The State Board of Education shall adjust the
7 equalized assessed valuation amounts stated in this
8 paragraph, if necessary, to conform to the amount of the
9 appropriation approved for any fiscal year.
10 (b) The operating tax rate to be used shall consist of
11 all district taxes extended for all purposes except community
12 college educational purposes for the payment of tuition under
13 Section 6-1 of the Public Community College Act, Bond and
14 Interest, Summer School, Rent, Capital Improvement and
15 Vocational Education Building. Any district may elect to
16 exclude Transportation from the calculation of its operating
17 tax rate. Districts may include taxes extended for the
18 payment of principal and interest on bonds issued under the
19 provisions of Sections 17-2.11a and 20-2 at a rate of .05%
20 per year for each purpose or the actual rate extended,
21 whichever is less.
22 (c) For calculation of aid under this Act a district
23 shall use the combined authorized tax rates of all funds not
24 exempt in (b) above, not to exceed 2.76% of the value of all
25 its taxable property as equalized or assessed by the
26 Department of Revenue for districts maintaining grades
27 kindergarten through 12; 1.90% of the value of all its
28 taxable property as equalized or assessed by the Department
29 of Revenue for districts maintaining grades kindergarten
30 through 8 only; 1.10% of the value of all its taxable
31 property as equalized or assessed by the Department of
32 Revenue for districts maintaining grades 9 through 12 only.
33 A district may, however, as provided in Article 17, increase
34 its operating tax rate above the maximum rate provided in
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1 this subsection without affecting the amount of State aid to
2 which it is entitled under this Act.
3 (d) (1) For districts maintaining grades kindergarten
4 through 12 with an operating tax rate as described in
5 subsections 5(b) and (c) of less than 2.18%, and districts
6 maintaining grades kindergarten through 8 with an operating
7 tax rate of less than 1.28%, State aid shall be computed by
8 multiplying the difference between the guaranteed equalized
9 assessed valuation per weighted ADA pupil in subsection 5(a)
10 and the equalized assessed valuation per weighted ADA pupil
11 in the district by the operating tax rate, multiplied by the
12 weighted average daily attendance of the district; provided,
13 however, that for the 1989-1990 school year only, a school
14 district maintaining grades kindergarten through 8 whose
15 operating tax rate with reference to which its general State
16 aid for the 1989-1990 school year is determined is less than
17 1.28% and more than 1.090%, and which had an operating tax
18 rate of 1.28% or more for the previous year, shall have its
19 general State aid computed according to the provisions of
20 subsection 5(d)(2).
21 (2) For districts maintaining grades kindergarten
22 through 12 with an operating tax rate as described in
23 subsection 5(b) and (c) of 2.18% and above, the State aid
24 shall be computed as provided in subsection (d) (1) but as
25 though the district had an operating tax rate of 2.76%; in
26 K-8 districts with an operating tax rate of 1.28% and above,
27 the State aid shall be computed as provided in subsection (d)
28 (1) but as though the district had an operating tax rate of
29 1.90%; and in 9-12 districts, the State aid shall be computed
30 by multiplying the difference between the guaranteed
31 equalized assessed valuation per weighted average daily
32 attendance pupil in subsection 5(a) and the equalized
33 assessed valuation per weighted average daily attendance
34 pupil in the district by the operating tax rate, not to
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1 exceed 1.10%, multiplied by the weighted average daily
2 attendance of the district. State aid computed under the
3 provisions of this subsection (d) (2) shall be treated as
4 separate from all other payments made pursuant to this
5 Section. The State Comptroller and State Treasurer shall
6 transfer from the General Revenue Fund to the Common School
7 Fund the amounts necessary to permit these claims to be paid
8 in equal installments along with other State aid payments
9 remaining to be made for the 1983-1984 school year under this
10 Section.
11 (3) For any school district whose 1995 equalized
12 assessed valuation is at least 6% less than its 1994
13 equalized assessed valuation as the result of a reduction in
14 the equalized assessed valuation of the taxable property
15 within such district of any one taxpayer whose taxable
16 property within the district has a 1994 equalized assessed
17 valuation constituting at least 20% of the 1994 equalized
18 assessed valuation of all taxable property within the
19 district, the 1996-97 State aid of such district shall be
20 computed using its 1995 equalized assessed valuation.
21 (4) For any school district whose 1988 equalized
22 assessed valuation is 55% or less of its 1981 equalized
23 assessed valuation, the 1990-91 State aid of such district
24 shall be computed by multiplying the 1988 equalized assessed
25 valuation by a factor of .8. Any such school district which
26 is reorganized effective for the 1991-92 school year shall
27 use the formula provided in this subparagraph for purposes of
28 the calculation made pursuant to subsection (m) of this
29 Section.
30 (e) The amount of State aid shall be computed under the
31 provisions of subsections 5(a) through 5(d) provided the
32 equalized assessed valuation per weighted ADA pupil is less
33 than .87 of the amounts in subsection 5(a). If the equalized
34 assessed valuation per weighted ADA pupil is equal to or
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1 greater than .87 of the amounts in subsection 5(a), the State
2 aid shall be computed under the provisions of subsection
3 5(f).
4 (f) If the equalized assessed valuation per weighted ADA
5 pupil is equal to or greater than .87 of the amounts in
6 subsection 5(a), the State aid per weighted ADA pupil shall
7 be computed by multiplying the product of .13 times the
8 maximum per pupil amount computed under the provisions of
9 subsections 5(a) through 5(d) by an amount equal to the
10 quotient of .87 times the equalized assessed valuation per
11 weighted ADA pupil in subsection 5(a) for that type of
12 district divided by the district equalized valuation per
13 weighted ADA pupil except in no case shall the district
14 receive State aid per weighted ADA pupil of less than .07
15 times the maximum per pupil amount computed under the
16 provisions of subsections 5(a) through 5(d).
17 (g) In addition to the above grants, summer school
18 grants shall be made based upon the calculation as provided
19 in subsection 4 of this Section.
20 (h) The board of any district receiving any of the
21 grants provided for in this Section may apply those funds to
22 any fund so received for which that board is authorized to
23 make expenditures by law.
24 (i) (1) (a) In school districts with an average daily
25 attendance of 50,000 or more, the amount which is provided
26 under subsection 1(n) of this Section by the application of a
27 base Chapter 1 weighting factor of .375 shall be distributed
28 to the attendance centers within the district in proportion
29 to the number of pupils enrolled at each attendance center
30 who are eligible to receive free or reduced-price lunches or
31 breakfasts under the federal Child Nutrition Act of 1966 and
32 under the National School Lunch Act during the immediately
33 preceding school year. The amount of State aid provided
34 under subsection 1(n) of this Section by the application of
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1 the Chapter 1 weighting factor in excess of .375 shall be
2 distributed to the attendance centers within the district in
3 proportion to the total enrollment at each attendance center.
4 Beginning with school year 1989-90, and each school year
5 thereafter, all funds provided under subsection 1 (n) of this
6 Section by the application of the Chapter 1 weighting factor
7 which are in excess of the level of non-targeted Chapter 1
8 funds in school year 1988-89 shall be distributed to
9 attendance centers, and only to attendance centers, within
10 the district in proportion to the number of pupils enrolled
11 at each attendance center who are eligible to receive free or
12 reduced price lunches or breakfasts under the Federal Child
13 Nutrition Act and under the National School Lunch Act during
14 the immediately preceding school year. Beginning in school
15 year 1989-90, 25% of the previously non-targeted Chapter 1
16 funds as established for school year 1988-89 shall also be
17 distributed to the attendance centers, and only to attendance
18 centers, in the district in proportion to the number of
19 pupils enrolled at each attendance center who are eligible to
20 receive free or reduced price lunches or breakfasts under the
21 Federal Child Nutrition Act and under the National School
22 Lunch Act during the immediately preceding school year; in
23 school year 1990-91, 50% of the previously non-targeted
24 Chapter 1 funds as established for school year 1988-89 shall
25 be distributed to attendance centers, and only to attendance
26 centers, in the district in proportion to the number of
27 pupils enrolled at each attendance center who are eligible to
28 receive such free or reduced price lunches or breakfasts
29 during the immediately preceding school year; in school year
30 1991-92, 75% of the previously non-targeted Chapter 1 funds
31 as established for school year 1988-89 shall be distributed
32 to attendance centers, and only to attendance centers, in the
33 district in proportion to the number of pupils enrolled at
34 each attendance center who are eligible to receive such free
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1 or reduced price lunches or breakfasts during the immediately
2 preceding school year; in school year 1992-93 and thereafter,
3 all funds provided under subsection 1 (n) of this Section by
4 the application of the Chapter 1 weighting factor shall be
5 distributed to attendance centers, and only to attendance
6 centers, in the district in proportion to the number of
7 pupils enrolled at each attendance center who are eligible to
8 receive free or reduced price lunches or breakfasts under the
9 Federal Child Nutrition Act and under the National School
10 Lunch Act during the immediately preceding school year;
11 provided, however, that the distribution formula in effect
12 beginning with school year 1989-90 shall not be applicable to
13 such portion of State aid provided under subsection 1 (n) of
14 this Section by the application of the Chapter 1 weighting
15 formula as is set aside and appropriated by the school
16 district for the purpose of providing desegregation programs
17 and related transportation to students (which portion shall
18 not exceed 5% of the total amount of State aid which is
19 provided under subsection 1 (n) of this Section by
20 application of the Chapter 1 weighting formula), and the
21 relevant percentages shall be applied to the remaining
22 portion of such State aid. The distribution of these
23 portions of general State aid among attendance centers
24 according to these requirements shall not be compensated for
25 or contravened by adjustments of the total of other funds
26 appropriated to any attendance centers. (b) The Board of
27 Education shall utilize funding from one or several sources
28 in order to fully implement this provision annually prior to
29 the opening of school. The Board of Education shall apply
30 savings from reduced administrative costs required under
31 Section 34-43.1 and growth in non-Chapter 1 State and local
32 funds to assure that all attendance centers receive funding
33 to replace losses due to redistribution of Chapter 1 funding.
34 The distribution formula and funding to replace losses due to
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1 the distribution formula shall occur, in full, using any and
2 all sources available, including, if necessary, revenue from
3 administrative reductions beyond those required in Section
4 34-43.1, in order to provide the necessary funds. (c) Each
5 attendance center shall be provided by the school district a
6 distribution of noncategorical funds and other categorical
7 funds to which an attendance center is entitled under law in
8 order that the State aid provided by application of the
9 Chapter 1 weighting factor and required to be distributed
10 among attendance centers according to the requirements of
11 this paragraph supplements rather than supplants the
12 noncategorical funds and other categorical funds provided by
13 the school district to the attendance centers.
14 Notwithstanding the foregoing provisions of this subsection
15 5(i)(1) or any other law to the contrary, beginning with the
16 1995-1996 school year and for each school year thereafter,
17 the board of a school district to which the provisions of
18 this subsection apply shall be required to allocate or
19 provide to attendance centers of the district in any such
20 school year, from the State aid provided for the district
21 under this Section by application of the Chapter 1 weighting
22 factor, an aggregate amount of not less than $261,000,000 of
23 State Chapter 1 funds. Any State Chapter 1 funds that by
24 reason of the provisions of this paragraph are not required
25 to be allocated and provided to attendance centers may be
26 used and appropriated by the board of the district for any
27 lawful school purpose. Chapter 1 funds received by an
28 attendance center (except those funds set aside for
29 desegregation programs and related transportation to
30 students) shall be used on the schedule cited in this Section
31 at the attendance center at the discretion of the principal
32 and local school council for programs to improve educational
33 opportunities at qualifying schools through the following
34 programs and services: early childhood education, reduced
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1 class size or improved adult to student classroom ratio,
2 enrichment programs, remedial assistance, attendance
3 improvement and other educationally beneficial expenditures
4 which supplement the regular and basic programs as determined
5 by the State Board of Education. Chapter 1 funds shall not
6 be expended for any political or lobbying purposes as defined
7 by board rule. (d) Each district subject to the provisions of
8 this paragraph shall submit an acceptable plan to meet the
9 educational needs of disadvantaged children, in compliance
10 with the requirements of this paragraph, to the State Board
11 of Education prior to July 15 of each year. This plan shall
12 be consistent with the decisions of local school councils
13 concerning the school expenditure plans developed in
14 accordance with part 4 of Section 34-2.3. The State Board
15 shall approve or reject the plan within 60 days after its
16 submission. If the plan is rejected the district shall give
17 written notice of intent to modify the plan within 15 days of
18 the notification of rejection and then submit a modified plan
19 within 30 days after the date of the written notice of intent
20 to modify. Districts may amend approved plans pursuant to
21 rules promulgated by the State Board of Education.
22 Upon notification by the State Board of Education that
23 the district has not submitted a plan prior to July 15 or a
24 modified plan within the time period specified herein, the
25 State aid funds affected by said plan or modified plan shall
26 be withheld by the State Board of Education until a plan or
27 modified plan is submitted.
28 If the district fails to distribute State aid to
29 attendance centers in accordance with an approved plan, the
30 plan for the following year shall allocate funds, in addition
31 to the funds otherwise required by this subparagraph, to
32 those attendance centers which were underfunded during the
33 previous year in amounts equal to such underfunding.
34 For purposes of determining compliance with this
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1 subsection in relation to Chapter 1 expenditures, each
2 district subject to the provisions of this subsection shall
3 submit as a separate document by December 1 of each year a
4 report of Chapter 1 expenditure data for the prior year in
5 addition to any modification of its current plan. If it is
6 determined that there has been a failure to comply with the
7 expenditure provisions of this subsection regarding
8 contravention or supplanting, the State Superintendent of
9 Education shall, within 60 days of receipt of the report,
10 notify the district and any affected local school council.
11 The district shall within 45 days of receipt of that
12 notification inform the State Superintendent of Education of
13 the remedial or corrective action to be taken, whether by
14 amendment of the current plan, if feasible, or by adjustment
15 in the plan for the following year. Failure to provide the
16 expenditure report or the notification of remedial or
17 corrective action in a timely manner shall result in a
18 withholding of the affected funds.
19 The State Board of Education shall promulgate rules and
20 regulations to implement the provisions of this subsection
21 5(i)(1). No funds shall be released under subsection 1(n) of
22 this Section or under this subsection 5(i)(1) to any district
23 which has not submitted a plan which has been approved by the
24 State Board of Education.
25 (2) School districts with an average daily attendance of
26 more than 1,000 and less than 50,000 and having a low income
27 pupil weighting factor in excess of .53 shall submit a plan
28 to the State Board of Education prior to October 30 of each
29 year for the use of the funds resulting from the application
30 of subsection 1(n) of this Section for the improvement of
31 instruction in which priority is given to meeting the
32 education needs of disadvantaged children. Such plan shall
33 be submitted in accordance with rules and regulations
34 promulgated by the State Board of Education.
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1 (j) For the purposes of calculating State aid under this
2 Section, with respect to any part of a school district within
3 a redevelopment project area in respect to which a
4 municipality has adopted tax increment allocation financing
5 pursuant to the Tax Increment Allocation Redevelopment Act,
6 Sections 11-74.4-1 through 11-74.4-11 of the Illinois
7 Municipal Code or the Industrial Jobs Recovery Law, Sections
8 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code,
9 no part of the current equalized assessed valuation of real
10 property located in any such project area which is
11 attributable to an increase above the total initial equalized
12 assessed valuation of such property shall be used in
13 computing the equalized assessed valuation per weighted ADA
14 pupil in the district, until such time as all redevelopment
15 project costs have been paid, as provided in Section
16 11-74.4-8 of the Tax Increment Allocation Redevelopment Act
17 or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
18 For the purpose of computing the equalized assessed valuation
19 per weighted ADA pupil in the district the total initial
20 equalized assessed valuation or the current equalized
21 assessed valuation, whichever is lower, shall be used until
22 such time as all redevelopment project costs have been paid.
23 (k) For a school district operating under the financial
24 supervision of an Authority created under Article 34A, the
25 State aid otherwise payable to that district under this
26 Section, other than State aid attributable to Chapter 1
27 students, shall be reduced by an amount equal to the budget
28 for the operations of the Authority as certified by the
29 Authority to the State Board of Education, and an amount
30 equal to such reduction shall be paid to the Authority
31 created for such district for its operating expenses in the
32 manner provided in Section 18-11. The remainder of State
33 school aid for any such district shall be paid in accordance
34 with Article 34A when that Article provides for a disposition
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1 other than that provided by this Article.
2 (l) For purposes of calculating State aid under this
3 Section, the equalized assessed valuation for a school
4 district used to compute State aid shall be determined by
5 adding to the real property equalized assessed valuation for
6 the district an amount computed by dividing the amount of
7 money received by the district under the provisions of "An
8 Act in relation to the abolition of ad valorem personal
9 property tax and the replacement of revenues lost thereby",
10 certified August 14, 1979, by the total tax rate for the
11 district. For purposes of this subsection 1976 tax rates
12 shall be used for school districts in the county of Cook and
13 1977 tax rates shall be used for school districts in all
14 other counties.
15 (m) (1) For a new school district formed by combining
16 property included totally within 2 or more previously
17 existing school districts, for its first year of existence or
18 if the new district was formed after October 31, 1982 and
19 prior to September 23, 1985, for the year immediately
20 following September 23, 1985, the State aid calculated under
21 this Section shall be computed for the new district and for
22 the previously existing districts for which property is
23 totally included within the new district. If the computation
24 on the basis of the previously existing districts is greater,
25 a supplementary payment equal to the difference shall be made
26 for the first 3 years of existence of the new district or if
27 the new district was formed after October 31, 1982 and prior
28 to September 23, 1985, for the 3 years immediately following
29 September 23, 1985.
30 (2) For a school district which annexes all of the
31 territory of one or more entire other school districts, for
32 the first year during which the change of boundaries
33 attributable to such annexation becomes effective for all
34 purposes as determined under Section 7-9 or 7A-8, the State
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1 aid calculated under this Section shall be computed for the
2 annexing district as constituted after the annexation and for
3 the annexing and each annexed district as constituted prior
4 to the annexation; and if the computation on the basis of the
5 annexing and annexed districts as constituted prior to the
6 annexation is greater, a supplementary payment equal to the
7 difference shall be made for the first 3 years of existence
8 of the annexing school district as constituted upon such
9 annexation.
10 (3) For 2 or more school districts which annex all of
11 the territory of one or more entire other school districts,
12 and for 2 or more community unit districts which result upon
13 the division (pursuant to petition under Section 11A-2) of
14 one or more other unit school districts into 2 or more parts
15 and which together include all of the parts into which such
16 other unit school district or districts are so divided, for
17 the first year during which the change of boundaries
18 attributable to such annexation or division becomes effective
19 for all purposes as determined under Section 7-9 or 11A-10,
20 as the case may be, the State aid calculated under this
21 Section shall be computed for each annexing or resulting
22 district as constituted after the annexation or division and
23 for each annexing and annexed district, or for each resulting
24 and divided district, as constituted prior to the annexation
25 or division; and if the aggregate of the State aid as so
26 computed for the annexing or resulting districts as
27 constituted after the annexation or division is less than the
28 aggregate of the State aid as so computed for the annexing
29 and annexed districts, or for the resulting and divided
30 districts, as constituted prior to the annexation or
31 division, then a supplementary payment equal to the
32 difference shall be made and allocated between or among the
33 annexing or resulting districts, as constituted upon such
34 annexation or division, for the first 3 years of their
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1 existence. The total difference payment shall be allocated
2 between or among the annexing or resulting districts in the
3 same ratio as the pupil enrollment from that portion of the
4 annexed or divided district or districts which is annexed to
5 or included in each such annexing or resulting district bears
6 to the total pupil enrollment from the entire annexed or
7 divided district or districts, as such pupil enrollment is
8 determined for the school year last ending prior to the date
9 when the change of boundaries attributable to the annexation
10 or division becomes effective for all purposes. The amount
11 of the total difference payment and the amount thereof to be
12 allocated to the annexing or resulting districts shall be
13 computed by the State Board of Education on the basis of
14 pupil enrollment and other data which shall be certified to
15 the State Board of Education, on forms which it shall provide
16 for that purpose, by the regional superintendent of schools
17 for each educational service region in which the annexing and
18 annexed districts, or resulting and divided districts are
19 located.
20 (4) If a unit school district annexes all the territory
21 of another unit school district effective for all purposes
22 pursuant to Section 7-9 on July 1, 1988, and if part of the
23 annexed territory is detached within 90 days after July 1,
24 1988, then the detachment shall be disregarded in computing
25 the supplementary State aid payments under this paragraph (m)
26 for the entire 3 year period and the supplementary State aid
27 payments shall not be diminished because of the detachment.
28 (5) Any supplementary State aid payment made under this
29 paragraph (m) shall be treated as separate from all other
30 payments made pursuant to this Section.
31 (n) For the purposes of calculating State aid under this
32 Section, the real property equalized assessed valuation for a
33 school district used to compute State aid shall be determined
34 by subtracting from the real property value as equalized or
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1 assessed by the Department of Revenue for the district an
2 amount computed by dividing the amount of any abatement of
3 taxes under Section 18-170 of the Property Tax Code by the
4 maximum operating tax rates specified in subsection 5(c) of
5 this Section and an amount computed by dividing the amount of
6 any abatement of taxes under subsection (a) of Section 18-165
7 of the Property Tax Code by the maximum operating tax rates
8 specified in subsection 5(c) of this Section.
9 (o) Notwithstanding any other provisions of this
10 Section, for the 1996-1997 school year the amount of the
11 aggregate general State aid entitlement that is received
12 under this Section by each school district for that school
13 year shall be not less than the amount of the aggregate
14 general State aid entitlement that was received by the
15 district under this Section for the 1995-1996 school year. If
16 a school district is to receive an aggregate general State
17 aid entitlement under this Section for the 1996-1997 school
18 year that is less than the amount of the aggregate general
19 State aid entitlement that the district received under this
20 Section for the 1995-1996 school year, the school district
21 shall also receive, from a separate appropriation made for
22 purposes of this paragraph (o), a supplementary payment that
23 is equal to the amount by which the general State aid
24 entitlement received by the district under this Section for
25 the 1995-1996 school year exceeds the general State aid
26 entitlement that the district is to receive under this
27 Section for the 1996-1997 school year. If the amount
28 appropriated for supplementary payments to school districts
29 under this paragraph (o) is insufficient for that purpose,
30 the supplementary payments that districts are to receive
31 under this paragraph shall be prorated according to the
32 aggregate amount of the appropriation made for purposes of
33 this paragraph.
34 B. In calculating the amount to be paid to the governing
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1 board of a public university that operates a laboratory
2 school under this Section or to any alternative school that
3 is operated by a regional superintendent, the State Board of
4 Education shall require by rule such reporting requirements
5 as it deems necessary.
6 As used in this Section, "laboratory school" means a
7 public school which is created and operated by a public
8 university and approved by the State Board of Education. The
9 governing board of a public university which receives funds
10 from the State Board under this subsection B may not increase
11 the number of students enrolled in its laboratory school from
12 a single district, if that district is already sending 50 or
13 more students, except under a mutual agreement between the
14 school board of a student's district of residence and the
15 university which operates the laboratory school. A
16 laboratory school may not have more than 1,000 students,
17 excluding students with disabilities in a special education
18 program.
19 As used in this Section, "alternative school" means a
20 public school which is created and operated by a Regional
21 Superintendent of Schools and approved by the State Board of
22 Education. Such alternative schools may offer courses of
23 instruction for which credit is given in regular school
24 programs, courses to prepare students for the high school
25 equivalency testing program or vocational and occupational
26 training.
27 Each laboratory and alternative school shall file, on
28 forms provided by the State Superintendent of Education, an
29 annual State aid claim which states the average daily
30 attendance of the school's students by month. The best 3
31 months' average daily attendance shall be computed for each
32 school. The weighted average daily attendance shall be
33 computed and the weighted average daily attendance for the
34 school's most recent 3 year average shall be compared to the
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1 most recent weighted average daily attendance, and the
2 greater of the 2 shall be used for the calculation under this
3 subsection B. The general State aid entitlement shall be
4 computed by multiplying the school's student count by the
5 foundation level as determined under this Section.
6 (Source: P.A. 88-9; 88-45; 88-89; 88-386; 88-511; 88-537;
7 88-555; 88-641; 88-670, eff. 12-2-94; 89-15, eff. 5-30-95;
8 89-235, eff. 8-4-95; 89-397, eff. 8-20-95; 89-610, eff.
9 8-6-96; 89-618, eff. 8-9-96; 89-626, eff. 8-9-96; 89-679,
10 eff. 8-16-96; revised 9-10-96.)