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90_HB2411enr
105 ILCS 5/18-8.05
105 ILCS 235/15-5
105 ILCS 235/15-10
105 ILCS 235/15-15
105 ILCS 235/15-20
Amends the School Code. Revises the State aid formula
applicable during the 1998-99 and subsequent school years.
Deletes language requiring that if the aggregate amount of
any hold-harmless payments that school districts are to
receive in any such school year, as computed under the
applicable formula for that school year, is greater than the
aggregate amount appropriated for that purpose, the
hold-harmless payments that school districts receive for that
school year are to be prorated accordingly. Also amends the
General State Aid Continuing Appropriation Law. Changes the
Law's short title and includes hold-harmless payments
required to be made to school districts under the State aid
formula within the ambit of that Law's application.
Effective immediately, except the amendment of the School
Code takes effect July 1, 1998.
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HB2411 Enrolled LRB9007914THpk
1 AN ACT relating to education funding.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing
5 Section 18-8.05 as follows:
6 (105 ILCS 5/18-8.05)
7 (This Section may contain text from a Public Act with a
8 delayed effective date.)
9 Sec. 18-8.05. Basis for apportionment of general State
10 financial aid and supplemental general State aid to the
11 common schools for the 1998-1999 and subsequent school years.
12 (A) General Provisions.
13 (1) The provisions of this Section apply to the
14 1998-1999 and subsequent school years. The system of general
15 State financial aid provided for in this Section is designed
16 to assure that, through a combination of State financial aid
17 and required local resources, the financial support provided
18 each pupil in Average Daily Attendance equals or exceeds a
19 prescribed per pupil Foundation Level. This formula approach
20 imputes a level of per pupil Available Local Resources and
21 provides for the basis to calculate a per pupil level of
22 general State financial aid that, when added to Available
23 Local Resources, equals or exceeds the Foundation Level. The
24 amount of per pupil general State financial aid for school
25 districts, in general, varies in inverse relation to
26 Available Local Resources. Per pupil amounts are based upon
27 each school district's Average Daily Attendance as that term
28 is defined in this Section.
29 (2) In addition to general State financial aid, school
30 districts with specified levels or concentrations of pupils
31 from low income households are eligible to receive
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1 supplemental general State financial aid grants as provided
2 pursuant to subsection (H). The supplemental State aid grants
3 provided for school districts under subsection (H) shall be
4 appropriated for distribution to school districts as part of
5 the same line item in which the general State financial aid
6 of school districts is appropriated under this Section.
7 (3) To receive financial assistance under this Section,
8 school districts are required to file claims with the State
9 Board of Education, subject to the following requirements:
10 (a) Any school district which fails for any given
11 school year to maintain school as required by law, or to
12 maintain a recognized school is not eligible to file for
13 such school year any claim upon the Common School Fund.
14 In case of nonrecognition of one or more attendance
15 centers in a school district otherwise operating
16 recognized schools, the claim of the district shall be
17 reduced in the proportion which the Average Daily
18 Attendance in the attendance center or centers bear to
19 the Average Daily Attendance in the school district. A
20 "recognized school" means any public school which meets
21 the standards as established for recognition by the State
22 Board of Education. A school district or attendance
23 center not having recognition status at the end of a
24 school term is entitled to receive State aid payments due
25 upon a legal claim which was filed while it was
26 recognized.
27 (b) School district claims filed under this Section
28 are subject to Sections 18-9, 18-10, and 18-12, except as
29 otherwise provided in this Section.
30 (c) If a school district operates a full year
31 school under Section 10-19.1, the general State aid to
32 the school district shall be determined by the State
33 Board of Education in accordance with this Section as
34 near as may be applicable.
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1 (d) Claims for financial assistance under this
2 Section shall not be recomputed except as expressly
3 provided under this Section.
4 (4) Except as provided in subsections (H) and (L), the
5 board of any district receiving any of the grants provided
6 for in this Section may apply those funds to any fund so
7 received for which that board is authorized to make
8 expenditures by law.
9 School districts are not required to exert a minimum
10 Operating Tax Rate in order to qualify for assistance under
11 this Section.
12 (5) As used in this Section the following terms, when
13 capitalized, shall have the meaning ascribed herein:
14 (a) "Average Daily Attendance": A count of pupil
15 attendance in school, averaged as provided for in
16 subsection (C) and utilized in deriving per pupil
17 financial support levels.
18 (b) "Available Local Resources": A computation of
19 local financial support, calculated on the basis Average
20 Daily Attendance and derived as provided pursuant to
21 subsection (D).
22 (c) "Corporate Personal Property Replacement
23 Taxes": Funds paid to local school districts pursuant to
24 "An Act in relation to the abolition of ad valorem
25 personal property tax and the replacement of revenues
26 lost thereby, and amending and repealing certain Acts and
27 parts of Acts in connection therewith", certified August
28 14, 1979, as amended (Public Act 81-1st S.S.-1).
29 (d) "Foundation Level": A prescribed level of per
30 pupil financial support as provided for in subsection
31 (B).
32 (e) "Operating Tax Rate": All school district
33 property taxes extended for all purposes, except
34 community college educational purposes for the payment of
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1 tuition under Section 6-1 of the Public Community College
2 Act, Bond and Interest, Summer School, Rent, Capital
3 Improvement, and Vocational Education Building purposes.
4 (B) Foundation Level.
5 (1) The Foundation Level is a figure established by the
6 State representing the minimum level of per pupil financial
7 support that should be available to provide for the basic
8 education of each pupil in Average Daily Attendance. As set
9 forth in this Section, each school district is assumed to
10 exert a sufficient local taxing effort such that, in
11 combination with the aggregate of general State financial aid
12 provided the district, an aggregate of State and local
13 resources are available to meet the basic education needs of
14 pupils in the district.
15 (2) For the 1998-1999 school year, the Foundation Level
16 of support is $4,225. For the 1999-2000 school year, the
17 Foundation Level of support is $4,325. For the 2000-2001
18 school year, the Foundation Level of support is $4,425.
19 (3) For the 2001-2002 school year and each school year
20 thereafter, the Foundation Level of support is $4,425 or such
21 greater amount as may be established by law by the General
22 Assembly.
23 (C) Average Daily Attendance.
24 (1) For purposes of calculating general State aid
25 pursuant to subsection (E), an Average Daily Attendance
26 figure shall be utilized. The Average Daily Attendance
27 figure for formula calculation purposes shall be the monthly
28 average of the actual number of pupils in attendance of each
29 school district, as further averaged for the best 3 months of
30 pupil attendance for each school district. In compiling the
31 figures for the number of pupils in attendance, school
32 districts and the State Board of Education shall, for
33 purposes of general State aid funding, conform attendance
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1 figures to the requirements of subsection (F).
2 (2) The Average Daily Attendance figures utilized in
3 subsection (E) shall be the requisite attendance data for the
4 school year immediately preceding the school year for which
5 general State aid is being calculated.
6 (D) Available Local Resources.
7 (1) For purposes of calculating general State aid
8 pursuant to subsection (E), a representation of Available
9 Local Resources per pupil, as that term is defined and
10 determined in this subsection, shall be utilized. Available
11 Local Resources per pupil shall include a calculated dollar
12 amount representing local school district revenues from local
13 property taxes and from Corporate Personal Property
14 Replacement Taxes, expressed on the basis of pupils in
15 Average Daily Attendance.
16 (2) In determining a school district's revenue from
17 local property taxes, the State Board of Education shall
18 utilize the equalized assessed valuation of all taxable
19 property of each school district as of September 30 of the
20 previous year. The equalized assessed valuation utilized
21 shall be obtained and determined as provided in subsection
22 (G).
23 (3) For school districts maintaining grades kindergarten
24 through 12, local property tax revenues per pupil shall be
25 calculated as the product of the applicable equalized
26 assessed valuation for the district multiplied by 3.00%, and
27 divided by the district's Average Daily Attendance figure.
28 For school districts maintaining grades kindergarten through
29 8, local property tax revenues per pupil shall be calculated
30 as the product of the applicable equalized assessed valuation
31 for the district multiplied by 2.30%, and divided by the
32 district's Average Daily Attendance figure. For school
33 districts maintaining grades 9 through 12, local property tax
34 revenues per pupil shall be the applicable equalized assessed
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1 valuation of the district multiplied by 1.20%, and divided by
2 the district's Average Daily Attendance figure.
3 (4) The Corporate Personal Property Replacement Taxes
4 paid to each school district during the calendar year 2 years
5 before the calendar year in which a school year begins,
6 divided by the Average Daily Attendance figure for that
7 district, shall be added to the local property tax revenues
8 per pupil as derived by the application of the immediately
9 preceding paragraph (3). The sum of these per pupil figures
10 for each school district shall constitute Available Local
11 Resources as that term is utilized in subsection (E) in the
12 calculation of general State aid.
13 (E) Computation of General State Aid.
14 (1) For each school year, the amount of general State
15 aid allotted to a school district shall be computed by the
16 State Board of Education as provided in this subsection.
17 (2) For any school district for which Available Local
18 Resources per pupil is less than the product of 0.93 times
19 the Foundation Level, general State aid for that district
20 shall be calculated as an amount equal to the Foundation
21 Level minus Available Local Resources, multiplied by the
22 Average Daily Attendance of the school district.
23 (3) For any school district for which Available Local
24 Resources per pupil is equal to or greater than the product
25 of 0.93 times the Foundation Level and less than the product
26 of 1.75 times the Foundation Level, the general State aid per
27 pupil shall be a decimal proportion of the Foundation Level
28 derived using a linear algorithm. Under this linear
29 algorithm, the calculated general State aid per pupil shall
30 decline in direct linear fashion from 0.07 times the
31 Foundation Level for a school district with Available Local
32 Resources equal to the product of 0.93 times the Foundation
33 Level, to 0.05 times the Foundation Level for a school
34 district with Available Local Resources equal to the product
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1 of 1.75 times the Foundation Level. The allocation of
2 general State aid for school districts subject to this
3 paragraph 3 shall be the calculated general State aid per
4 pupil figure multiplied by the Average Daily Attendance of
5 the school district.
6 (4) For any school district for which Available Local
7 Resources per pupil equals or exceeds the product of 1.75
8 times the Foundation Level, the general State aid for the
9 school district shall be calculated as the product of $218
10 multiplied by the Average Daily Attendance of the school
11 district.
12 (F) Compilation of Average Daily Attendance.
13 (1) Each school district shall, by July 1 of each year,
14 submit to the State Board of Education, on forms prescribed
15 by the State Board of Education, attendance figures for the
16 school year that began in the preceding calendar year. The
17 attendance information so transmitted shall identify the
18 average daily attendance figures for each month of the school
19 year, except that any days of attendance in August shall be
20 added to the month of September and any days of attendance in
21 June shall be added to the month of May.
22 Except as otherwise provided in this Section, days of
23 attendance by pupils shall be counted only for sessions of
24 not less than 5 clock hours of school work per day under
25 direct supervision of: (i) teachers, or (ii) non-teaching
26 personnel or volunteer personnel when engaging in
27 non-teaching duties and supervising in those instances
28 specified in subsection (a) of Section 10-22.34 and paragraph
29 10 of Section 34-18, with pupils of legal school age and in
30 kindergarten and grades 1 through 12.
31 Days of attendance by tuition pupils shall be accredited
32 only to the districts that pay the tuition to a recognized
33 school.
34 (2) Days of attendance by pupils of less than 5 clock
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1 hours of school shall be subject to the following provisions
2 in the compilation of Average Daily Attendance.
3 (a) Pupils regularly enrolled in a public school
4 for only a part of the school day may be counted on the
5 basis of 1/6 day for every class hour of instruction of
6 40 minutes or more attended pursuant to such enrollment.
7 (b) Days of attendance may be less than 5 clock
8 hours on the opening and closing of the school term, and
9 upon the first day of pupil attendance, if preceded by a
10 day or days utilized as an institute or teachers'
11 workshop.
12 (c) A session of 4 or more clock hours may be
13 counted as a day of attendance upon certification by the
14 regional superintendent, and approved by the State
15 Superintendent of Education to the extent that the
16 district has been forced to use daily multiple sessions.
17 (d) A session of 3 or more clock hours may be
18 counted as a day of attendance (1) when the remainder of
19 the school day or at least 2 hours in the evening of that
20 day is utilized for an in-service training program for
21 teachers, up to a maximum of 5 days per school year of
22 which a maximum of 4 days of such 5 days may be used for
23 parent-teacher conferences, provided a district conducts
24 an in-service training program for teachers which has
25 been approved by the State Superintendent of Education;
26 or, in lieu of 4 such days, 2 full days may be used, in
27 which event each such day may be counted as a day of
28 attendance; and (2) when days in addition to those
29 provided in item (1) are scheduled by a school pursuant
30 to its school improvement plan adopted under Article 34
31 or its revised or amended school improvement plan adopted
32 under Article 2, provided that (i) such sessions of 3 or
33 more clock hours are scheduled to occur at regular
34 intervals, (ii) the remainder of the school days in which
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1 such sessions occur are utilized for in-service training
2 programs or other staff development activities for
3 teachers, and (iii) a sufficient number of minutes of
4 school work under the direct supervision of teachers are
5 added to the school days between such regularly scheduled
6 sessions to accumulate not less than the number of
7 minutes by which such sessions of 3 or more clock hours
8 fall short of 5 clock hours. Any full days used for the
9 purposes of this paragraph shall not be considered for
10 computing average daily attendance. Days scheduled for
11 in-service training programs, staff development
12 activities, or parent-teacher conferences may be
13 scheduled separately for different grade levels and
14 different attendance centers of the district.
15 (e) A session of not less than one clock hour
16 teaching of hospitalized or homebound pupils on-site or
17 by telephone to the classroom may be counted as 1/2 day
18 of attendance, however these pupils must receive 4 or
19 more clock hours of instruction to be counted for a full
20 day of attendance.
21 (f) A session of at least 4 clock hours may be
22 counted as a day of attendance for first grade pupils,
23 and pupils in full day kindergartens, and a session of 2
24 or more hours may be counted as 1/2 day of attendance by
25 pupils in kindergartens which provide only 1/2 day of
26 attendance.
27 (g) For children with disabilities who are below
28 the age of 6 years and who cannot attend 2 or more clock
29 hours because of their disability or immaturity, a
30 session of not less than one clock hour may be counted as
31 1/2 day of attendance; however for such children whose
32 educational needs so require a session of 4 or more clock
33 hours may be counted as a full day of attendance.
34 (h) A recognized kindergarten which provides for
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1 only 1/2 day of attendance by each pupil shall not have
2 more than 1/2 day of attendance counted in any 1 day.
3 However, kindergartens may count 2 1/2 days of attendance
4 in any 5 consecutive school days. When a pupil attends
5 such a kindergarten for 2 half days on any one school
6 day, the pupil shall have the following day as a day
7 absent from school, unless the school district obtains
8 permission in writing from the State Superintendent of
9 Education. Attendance at kindergartens which provide for
10 a full day of attendance by each pupil shall be counted
11 the same as attendance by first grade pupils. Only the
12 first year of attendance in one kindergarten shall be
13 counted, except in case of children who entered the
14 kindergarten in their fifth year whose educational
15 development requires a second year of kindergarten as
16 determined under the rules and regulations of the State
17 Board of Education.
18 (G) Equalized Assessed Valuation Data.
19 (1) For purposes of the calculation of Available Local
20 Resources required pursuant to subsection (D), the State
21 Board of Education shall secure from the Department of
22 Revenue the value as equalized or assessed by the Department
23 of Revenue of all taxable property of every school district
24 together with the applicable tax rate used in extending taxes
25 for the funds of the district as of September 30 of the
26 previous year.
27 This equalized assessed valuation, as adjusted further by
28 the requirements of this subsection, shall be utilized in the
29 calculation of Available Local Resources.
30 (2) The equalized assessed valuation in paragraph (1)
31 shall be adjusted, as applicable, in the following manner:
32 (a) For the purposes of calculating State aid under
33 this Section, with respect to any part of a school
34 district within a redevelopment project area in respect
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1 to which a municipality has adopted tax increment
2 allocation financing pursuant to the Tax Increment
3 Allocation Redevelopment Act, Sections 11-74.4-1 through
4 11-74.4-11 of the Illinois Municipal Code or the
5 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
6 11-74.6-50 of the Illinois Municipal Code, no part of the
7 current equalized assessed valuation of real property
8 located in any such project area which is attributable to
9 an increase above the total initial equalized assessed
10 valuation of such property shall be used as part of the
11 equalized assessed valuation of the district, until such
12 time as all redevelopment project costs have been paid,
13 as provided in Section 11-74.4-8 of the Tax Increment
14 Allocation Redevelopment Act or in Section 11-74.6-35 of
15 the Industrial Jobs Recovery Law. For the purpose of the
16 equalized assessed valuation of the district, the total
17 initial equalized assessed valuation or the current
18 equalized assessed valuation, whichever is lower, shall
19 be used until such time as all redevelopment project
20 costs have been paid.
21 (b) The real property equalized assessed valuation
22 for a school district shall be adjusted by subtracting
23 from the real property value as equalized or assessed by
24 the Department of Revenue for the district an amount
25 computed by dividing the amount of any abatement of taxes
26 under Section 18-170 of the Property Tax Code by 3.00%
27 for a district maintaining grades kindergarten through 12
28 or by 2.30% for a district maintaining grades
29 kindergarten through 8, or by 1.20% for a district
30 maintaining grades 9 through 12 and adjusted by an amount
31 computed by dividing the amount of any abatement of taxes
32 under subsection (a) of Section 18-165 of the Property
33 Tax Code by the same percentage rates for district type
34 as specified in this subparagraph (c).
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1 (H) Supplemental General State Aid.
2 (1) In addition to the general State aid a school
3 district is allotted pursuant to subsection (E), qualifying
4 school districts shall receive a grant, paid in conjunction
5 with a district's payments of general State aid, for
6 supplemental general State aid based upon the concentration
7 level of children from low-income households within the
8 school district. Supplemental State aid grants provided for
9 school districts under this subsection shall be appropriated
10 for distribution to school districts as part of the same line
11 item in which the general State financial aid of school
12 districts is appropriated under this Section. For purposes of
13 this subsection, the term "Low-Income Concentration Level"
14 shall be the low-income eligible pupil count from the most
15 recently available federal census divided by the Average
16 Daily Attendance of the school district.
17 (2) Supplemental general State aid pursuant to this
18 subsection shall be provided as follows:
19 (a) For any school district with a Low Income
20 Concentration Level of at least 20% and less than 35%,
21 the grant for any school year shall be $800 multiplied by
22 the low income eligible pupil count.
23 (b) For any school district with a Low Income
24 Concentration Level of at least 35% and less than 50%,
25 the grant for the 1998-1999 school year shall be $1,100
26 multiplied by the low income eligible pupil count.
27 (c) For any school district with a Low Income
28 Concentration Level of at least 50% and less than 60%,
29 the grant for the 1998-99 school year shall be $1,500
30 multiplied by the low income eligible pupil count.
31 (d) For any school district with a Low Income
32 Concentration Level of 60% or more, the grant for the
33 1998-99 school year shall be $1,900 multiplied by the low
34 income eligible pupil count.
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1 (e) For the 1999-2000 school year, the per pupil
2 amount specified in subparagraphs (b), (c), and (d),
3 immediately above shall be increased by $100 to $1,200,
4 $1,600, and $2,000, respectively.
5 (f) For the 2000-2001 school year, the per pupil
6 amounts specified in subparagraphs (b), (c) and (d)
7 immediately above shall be increased to $1,230, $1,640,
8 and $2,050, respectively.
9 (3) School districts with an Average Daily Attendance of
10 more than 1,000 and less than 50,000 that qualify for
11 supplemental general State aid pursuant to this subsection
12 shall submit a plan to the State Board of Education prior to
13 October 30 of each year for the use of the funds resulting
14 from this grant of supplemental general State aid for the
15 improvement of instruction in which priority is given to
16 meeting the education needs of disadvantaged children. Such
17 plan shall be submitted in accordance with rules and
18 regulations promulgated by the State Board of Education.
19 (4) School districts with an Average Daily Attendance of
20 50,000 or more that qualify for supplemental general State
21 aid pursuant to this subsection shall be required to
22 distribute from funds available pursuant to this Section, no
23 less than $261,000,000 in accordance with the following
24 requirements:
25 (a) The required amounts shall be distributed to
26 the attendance centers within the district in proportion
27 to the number of pupils enrolled at each attendance
28 center who are eligible to receive free or reduced-price
29 lunches or breakfasts under the federal Child Nutrition
30 Act of 1966 and under the National School Lunch Act
31 during the immediately preceding school year.
32 (b) The distribution of these portions of
33 supplemental and general State aid among attendance
34 centers according to these requirements shall not be
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1 compensated for or contravened by adjustments of the
2 total of other funds appropriated to any attendance
3 centers, and the Board of Education shall utilize funding
4 from one or several sources in order to fully implement
5 this provision annually prior to the opening of school.
6 (c) Each attendance center shall be provided by the
7 school district a distribution of noncategorical funds
8 and other categorical funds to which an attendance center
9 is entitled under law in order that the general State aid
10 and supplemental general State aid provided by
11 application of this subsection supplements rather than
12 supplants the noncategorical funds and other categorical
13 funds provided by the school district to the attendance
14 centers.
15 (d) Any funds made available under this subsection
16 that by reason of the provisions of this subsection are
17 not required to be allocated and provided to attendance
18 centers may be used and appropriated by the board of the
19 district for any lawful school purpose.
20 (e) Funds received by an attendance center pursuant
21 to this subsection shall be used by the attendance center
22 at the discretion of the principal and local school
23 council for programs to improve educational opportunities
24 at qualifying schools through the following programs and
25 services: early childhood education, reduced class size
26 or improved adult to student classroom ratio, enrichment
27 programs, remedial assistance, attendance improvement and
28 other educationally beneficial expenditures which
29 supplement the regular and basic programs as determined
30 by the State Board of Education. Funds provided shall
31 not be expended for any political or lobbying purposes as
32 defined by board rule.
33 (f) Each district subject to the provisions of this
34 subdivision (H)(4) shall submit an acceptable plan to
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1 meet the educational needs of disadvantaged children, in
2 compliance with the requirements of this paragraph, to
3 the State Board of Education prior to July 15 of each
4 year. This plan shall be consistent with the decisions of
5 local school councils concerning the school expenditure
6 plans developed in accordance with part 4 of Section
7 34-2.3. The State Board shall approve or reject the plan
8 within 60 days after its submission. If the plan is
9 rejected, the district shall give written notice of
10 intent to modify the plan within 15 days of the
11 notification of rejection and then submit a modified plan
12 within 30 days after the date of the written notice of
13 intent to modify. Districts may amend approved plans
14 pursuant to rules promulgated by the State Board of
15 Education.
16 Upon notification by the State Board of Education
17 that the district has not submitted a plan prior to July
18 15 or a modified plan within the time period specified
19 herein, the State aid funds affected by that plan or
20 modified plan shall be withheld by the State Board of
21 Education until a plan or modified plan is submitted.
22 If the district fails to distribute State aid to
23 attendance centers in accordance with an approved plan,
24 the plan for the following year shall allocate funds, in
25 addition to the funds otherwise required by this
26 subsection, to those attendance centers which were
27 underfunded during the previous year in amounts equal to
28 such underfunding.
29 For purposes of determining compliance with this
30 subsection in relation to the requirements of attendance
31 center funding, each district subject to the provisions
32 of this subsection shall submit as a separate document by
33 December 1 of each year a report of expenditure data for
34 the prior year in addition to any modification of its
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1 current plan. If it is determined that there has been a
2 failure to comply with the expenditure provisions of this
3 subsection regarding contravention or supplanting, the
4 State Superintendent of Education shall, within 60 days
5 of receipt of the report, notify the district and any
6 affected local school council. The district shall within
7 45 days of receipt of that notification inform the State
8 Superintendent of Education of the remedial or corrective
9 action to be taken, whether by amendment of the current
10 plan, if feasible, or by adjustment in the plan for the
11 following year. Failure to provide the expenditure
12 report or the notification of remedial or corrective
13 action in a timely manner shall result in a withholding
14 of the affected funds.
15 The State Board of Education shall promulgate rules
16 and regulations to implement the provisions of this
17 subsection. No funds shall be released under this
18 subdivision (H)(4) to any district that has not submitted
19 a plan that has been approved by the State Board of
20 Education.
21 (I) General State Aid for Newly Configured School Districts.
22 (1) For a new school district formed by combining
23 property included totally within 2 or more previously
24 existing school districts, for its first year of existence
25 the general State aid and supplemental general State aid
26 calculated under this Section shall be computed for the new
27 district and for the previously existing districts for which
28 property is totally included within the new district. If the
29 computation on the basis of the previously existing districts
30 is greater, a supplementary payment equal to the difference
31 shall be made for the first 4 years of existence of the new
32 district.
33 (2) For a school district which annexes all of the
34 territory of one or more entire other school districts, for
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1 the first year during which the change of boundaries
2 attributable to such annexation becomes effective for all
3 purposes as determined under Section 7-9 or 7A-8, the general
4 State aid and supplemental general State aid calculated under
5 this Section shall be computed for the annexing district as
6 constituted after the annexation and for the annexing and
7 each annexed district as constituted prior to the annexation;
8 and if the computation on the basis of the annexing and
9 annexed districts as constituted prior to the annexation is
10 greater, a supplementary payment equal to the difference
11 shall be made for the first 4 years of existence of the
12 annexing school district as constituted upon such annexation.
13 (3) For 2 or more school districts which annex all of
14 the territory of one or more entire other school districts,
15 and for 2 or more community unit districts which result upon
16 the division (pursuant to petition under Section 11A-2) of
17 one or more other unit school districts into 2 or more parts
18 and which together include all of the parts into which such
19 other unit school district or districts are so divided, for
20 the first year during which the change of boundaries
21 attributable to such annexation or division becomes effective
22 for all purposes as determined under Section 7-9 or 11A-10,
23 as the case may be, the general State aid and supplemental
24 general State aid calculated under this Section shall be
25 computed for each annexing or resulting district as
26 constituted after the annexation or division and for each
27 annexing and annexed district, or for each resulting and
28 divided district, as constituted prior to the annexation or
29 division; and if the aggregate of the general State aid and
30 supplemental general State aid as so computed for the
31 annexing or resulting districts as constituted after the
32 annexation or division is less than the aggregate of the
33 general State aid and supplemental general State aid as so
34 computed for the annexing and annexed districts, or for the
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1 resulting and divided districts, as constituted prior to the
2 annexation or division, then a supplementary payment equal to
3 the difference shall be made and allocated between or among
4 the annexing or resulting districts, as constituted upon such
5 annexation or division, for the first 4 years of their
6 existence. The total difference payment shall be allocated
7 between or among the annexing or resulting districts in the
8 same ratio as the pupil enrollment from that portion of the
9 annexed or divided district or districts which is annexed to
10 or included in each such annexing or resulting district bears
11 to the total pupil enrollment from the entire annexed or
12 divided district or districts, as such pupil enrollment is
13 determined for the school year last ending prior to the date
14 when the change of boundaries attributable to the annexation
15 or division becomes effective for all purposes. The amount
16 of the total difference payment and the amount thereof to be
17 allocated to the annexing or resulting districts shall be
18 computed by the State Board of Education on the basis of
19 pupil enrollment and other data which shall be certified to
20 the State Board of Education, on forms which it shall provide
21 for that purpose, by the regional superintendent of schools
22 for each educational service region in which the annexing and
23 annexed districts, or resulting and divided districts are
24 located.
25 (4) Any supplementary payment made under this subsection
26 (I) shall be treated as separate from all other payments made
27 pursuant to this Section.
28 (J) Supplementary Grants in Aid.
29 (1) Notwithstanding any other provisions of this
30 Section, the amount of the aggregate general State aid in
31 combination with supplemental general State aid under this
32 Section for which each school district is eligible for the
33 1998-1999 school year shall be no less than the amount of the
34 aggregate general State aid entitlement that was received by
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1 the district under Section 18-8 (exclusive of amounts
2 received under subsections 5(p) and 5(p-5) of that Section)
3 for the 1997-98 school year, pursuant to the provisions of
4 that Section as it was then in effect. If a school district
5 qualifies to receive a supplementary payment made under this
6 subsection (J) for the 1998-1999 school year, the amount of
7 the aggregate general State aid in combination with
8 supplemental general State aid under this Section which that
9 district is eligible to receive for each school year
10 subsequent to the 1998-1999 school year shall be no less than
11 the amount of the aggregate general State aid entitlement
12 that was received by the district under Section 18-8
13 (exclusive of amounts received under subsections 5(p) and
14 5(p-5) of that Section) for the 1997-1998 school year,
15 pursuant to the provisions of that Section as it was then in
16 effect.
17 (2) If, as provided in paragraph (1) of this subsection
18 (J), a school district is to receive aggregate general State
19 aid in combination with supplemental general State aid under
20 this Section for the 1998-99 school year, or for the 1998-99
21 school year and any subsequent school year, that in any such
22 school year is less than the amount of the aggregate general
23 State aid entitlement that the district received for the
24 1997-98 school year, the school district shall also receive,
25 from a separate appropriation made for purposes of this
26 subsection (J), a supplementary payment that is equal to the
27 amount of the difference in the aggregate State aid figures
28 as described in paragraph (1).
29 (3) If the amount appropriated for supplementary
30 payments to school districts under this subsection (J) is
31 insufficient for that purpose, the supplementary payments
32 that districts are to receive under this subsection shall be
33 prorated according to the aggregate amount of the
34 appropriation made for purposes of this subsection.
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1 (K) Grants to Laboratory and Alternative Schools.
2 In calculating the amount to be paid to the governing
3 board of a public university that operates a laboratory
4 school under this Section or to any alternative school that
5 is operated by a regional superintendent, the State Board of
6 Education shall require by rule such reporting requirements
7 as it deems necessary.
8 As used in this Section, "laboratory school" means a
9 public school which is created and operated by a public
10 university and approved by the State Board of Education. The
11 governing board of a public university which receives funds
12 from the State Board under this subsection (K) may not
13 increase the number of students enrolled in its laboratory
14 school from a single district, if that district is already
15 sending 50 or more students, except under a mutual agreement
16 between the school board of a student's district of residence
17 and the university which operates the laboratory school. A
18 laboratory school may not have more than 1,000 students,
19 excluding students with disabilities in a special education
20 program.
21 As used in this Section, "alternative school" means a
22 public school which is created and operated by a Regional
23 Superintendent of Schools and approved by the State Board of
24 Education. Such alternative schools may offer courses of
25 instruction for which credit is given in regular school
26 programs, courses to prepare students for the high school
27 equivalency testing program or vocational and occupational
28 training.
29 Each laboratory and alternative school shall file, on
30 forms provided by the State Superintendent of Education, an
31 annual State aid claim which states the Average Daily
32 Attendance of the school's students by month. The best 3
33 months' Average Daily Attendance shall be computed for each
34 school. The general State aid entitlement shall be computed
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1 by multiplying the applicable Average Daily Attendance by the
2 Foundation Level as determined under this Section.
3 (L) Payments, Additional Grants in Aid and Other
4 Requirements.
5 (1) For a school district operating under the financial
6 supervision of an Authority created under Article 34A, the
7 general State aid otherwise payable to that district under
8 this Section, but not the supplemental general State aid,
9 shall be reduced by an amount equal to the budget for the
10 operations of the Authority as certified by the Authority to
11 the State Board of Education, and an amount equal to such
12 reduction shall be paid to the Authority created for such
13 district for its operating expenses in the manner provided in
14 Section 18-11. The remainder of general State school aid for
15 any such district shall be paid in accordance with Article
16 34A when that Article provides for a disposition other than
17 that provided by this Article.
18 (2) Impaction. Impaction payments shall be made as
19 provided for in Section 18-4.2.
20 (3) Summer school. Summer school payments shall be made
21 as provided in Section 18-4.3.
22 (M) Education Funding Advisory Board.
23 The Education Funding Advisory Board, hereinafter in this
24 subsection (M) referred to as the "Board", is hereby created.
25 The Board shall consist of 5 members who are appointed by the
26 Governor, by and with the advice and consent of the Senate.
27 The members appointed shall include representatives of
28 education, business, and the general public. One of the
29 members so appointed shall be designated by the Governor at
30 the time the appointment is made as the chairperson of the
31 Board. The initial members of the Board may be appointed any
32 time after the effective date of this amendatory Act of 1997.
33 The regular term of each member of the Board shall be for 4
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1 years from the third Monday of January of the year in which
2 the term of the member's appointment is to commence, except
3 that of the 5 initial members appointed to serve on the
4 Board, the member who is appointed as the chairperson shall
5 serve for a term that commences on the date of his or her
6 appointment and expires on the third Monday of January, 2002,
7 and the remaining 4 members, by lots drawn at the first
8 meeting of the Board that is held after all 5 members are
9 appointed, shall determine 2 of their number to serve for
10 terms that commence on the date of their respective
11 appointments and expire on the third Monday of January, 2001,
12 and 2 of their number to serve for terms that commence on the
13 date of their respective appointments and expire on the third
14 Monday of January, 2000. All members appointed to serve on
15 the Board shall serve until their respective successors are
16 appointed and confirmed. Vacancies shall be filled in the
17 same manner as original appointments. If a vacancy in
18 membership occurs at a time when the Senate is not in
19 session, the Governor shall make a temporary appointment
20 until the next meeting of the Senate, when he or she shall
21 appoint, by and with the advice and consent of the Senate, a
22 person to fill that membership for the unexpired term. If
23 the Senate is not in session when the initial appointments
24 are made, those appointments shall be made as in the case of
25 vacancies.
26 The Education Funding Advisory Board shall be deemed
27 established, and the initial members appointed by the
28 Governor to serve as members of the Board shall take office,
29 on the date that the Governor makes his or her appointment of
30 the fifth initial member of the Board, whether those initial
31 members are then serving pursuant to appointment and
32 confirmation or pursuant to temporary appointments that are
33 made by the Governor as in the case of vacancies.
34 The State Board of Education shall provide such staff
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1 assistance to the Education Funding Advisory Board as is
2 reasonably required for the proper performance by the Board
3 of its responsibilities.
4 For school years after the 2000-2001 school year, the
5 Education Funding Advisory Board, in consultation with the
6 State Board of Education, shall make recommendations as
7 provided in this subsection (M) to the General Assembly for
8 the foundation level under subdivision (B)(3) of this Section
9 and for the supplemental general State aid grant level under
10 subsection (H) of this Section for districts with high
11 concentrations of children from poverty. The recommended
12 foundation level shall be determined based on a methodology
13 which incorporates the basic education expenditures of
14 low-spending schools exhibiting high academic performance.
15 The Education Funding Advisory Board shall make such
16 recommendations to the General Assembly on January 1 of odd
17 numbered years, beginning January 1, 2001.
18 (N) General State Aid Adjustment Grant.
19 (1) Any school district subject to property tax
20 extension limitations as imposed under the provisions of the
21 Property Tax Extension Limitation Law shall be entitled to
22 receive, subject to the qualifications and requirements of
23 this subsection, a general State aid adjustment grant.
24 Eligibility for this grant shall be determined on an annual
25 basis and claims for grant payments shall be paid subject to
26 appropriations made specific to this subsection. For
27 purposes of this subsection the following terms shall have
28 the following meanings:
29 "Budget Year": The school year for which general State
30 aid is calculated and awarded under subsection (E).
31 "Current Year": The school year immediately preceding
32 the Budget Year.
33 "Base Tax Year": The property tax levy year used to
34 calculate the Budget Year allocation of general State aid.
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1 "Preceding Tax Year": The property tax levy year
2 immediately preceding the Base Tax Year.
3 "Extension Limitation Ratio": A numerical ratio,
4 certified by a school district's County Clerk, in which the
5 numerator is the Base Tax Year's tax extension amount
6 resulting from the Operating Tax Rate and the denominator is
7 the Preceding Tax Year's tax extension amount resulting from
8 the Operating Tax Rate.
9 "Operating Tax Rate": The operating tax rate as defined
10 in subsection (A).
11 (2) To qualify for a general State aid adjustment grant,
12 a school district must meet all of the following eligibility
13 criteria for each Budget Year for which a grant is claimed:
14 (a) The Operating Tax Rate of the school district
15 in the Preceding Tax Year was at least 3.00% in the case
16 of a school district maintaining grades kindergarten
17 through 12, at least 2.30% in the case of a school
18 district maintaining grades kindergarten through 8, or at
19 least 1.41% in the case of a school district maintaining
20 grades 9 through 12.
21 (b) The Operating Tax Rate of the school district
22 for the Base Tax Year was reduced by the Clerk of the
23 County as a result of the requirements of the Property
24 Tax Extension Limitation Law.
25 (c) The Available Local Resources per pupil of the
26 school district as calculated pursuant to subsection (D)
27 using the Base Tax Year are less than the product of 1.75
28 times the Foundation Level for the Budget Year.
29 (d) The school district has filed a proper and
30 timely claim for a general State aid adjustment grant as
31 required under this subsection.
32 (3) A claim for grant assistance under this subsection
33 shall be filed with the State Board of Education on or before
34 January 1 of the Current Year for a grant for the Budget
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1 Year. The claim shall be made on forms prescribed by the
2 State Board of Education and must be accompanied by a written
3 statement from the Clerk of the County, certifying:
4 (a) That the school district has its extension for
5 the Base Tax Year reduced as a result of the Property Tax
6 Extension Limitation Law.
7 (b) That the Operating Tax Rate of the school
8 district for the Preceding Tax Year met the tax rate
9 requirements of subdivision (N)(2) of this Section.
10 (c) The Extension Limitation Ratio as that term is
11 defined in this subsection.
12 (4) On or before August 1 of the Budget Year the State
13 Board of Education shall calculate, for all school districts
14 meeting the other requirements of this subsection, the amount
15 of the general State aid adjustment grant, if any, that the
16 school districts are eligible to receive in the Budget Year.
17 The amount of the general State aid adjustment grant shall be
18 calculated as follows:
19 (a) Determine the school district's general State
20 aid grant for the Budget Year as provided in accordance
21 with the provisions of subsection (E).
22 (b) Determine the school district's adjusted level
23 of general State aid by utilizing in the calculation of
24 Available Local Resources an equalized assessed valuation
25 that is the equalized assessed valuation of the Preceding
26 Tax Year multiplied by the Extension Limitation Ratio.
27 (c) Subtract the sum derived in subparagraph (a)
28 from the sum derived in subparagraph (b). If the result
29 is a positive number, that amount shall be the general
30 State aid adjustment grant that the district is eligible
31 to receive.
32 (5) The State Board of Education shall in the Current
33 Year, based upon claims filed in the Current Year, recommend
34 to the General Assembly an appropriation amount for the
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1 general State aid adjustment grants to be made in the Budget
2 Year.
3 (6) Claims for general State aid adjustment grants shall
4 be paid in a lump sum on or before January 1 of the Budget
5 Year only from appropriations made by the General Assembly
6 expressly for claims under this subsection. No such claims
7 may be paid from amounts appropriated for any other purpose
8 provided for under this Section. In the event that the
9 appropriation for claims under this subsection is
10 insufficient to meet all Budget Year claims for a general
11 State aid adjustment grant, the appropriation available shall
12 be proportionately prorated by the State Board of Education
13 amongst all districts filing for and entitled to payments.
14 (7) The State Board of Education shall promulgate the
15 required claim forms and rules necessary to implement the
16 provisions of this subsection.
17 (O) References.
18 (1) References in other laws to the various subdivisions
19 of Section 18-8 as that Section existed before its repeal and
20 replacement by this Section 18-8.05 shall be deemed to refer
21 to the corresponding provisions of this Section 18-8.05, to
22 the extent that those references remain applicable.
23 (2) References in other laws to State Chapter 1 funds
24 shall be deemed to refer to the supplemental general State
25 aid provided under subsection (H) of this Section.
26 (Source: P.A. 90-548, eff. 7-1-98.)
27 Section 10. The General State Aid Continuing
28 Appropriation Law is amended by changing Sections 15-5,
29 15-10, 15-15, and 15-20 as follows:
30 (105 ILCS 235/15-5)
31 Sec. 15-5. Short title. This Article may be cited as
32 the General State Aid Continuing Appropriation Law.
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1 (Source: P.A. 90-548, eff. 12-4-97.)
2 (105 ILCS 235/15-10)
3 Sec. 15-10. Annual budget; recommendation. The Governor
4 shall include a Common School Fund recommendation to the
5 State Board of Education in the fiscal year 1999 through 2001
6 annual Budgets sufficient to fund (i) the General State Aid
7 Formula set forth in subsection (E) (Computation of General
8 State Aid) and subsection (H) (Supplemental General State
9 Aid) of Section 18-8.05 of the School Code and (ii) the
10 supplementary payments for school districts set forth in
11 subsection (J) (Supplementary Grants in Aid) of Section
12 18-8.05 of the School Code.
13 (Source: P.A. 90-548, eff. 12-4-97.)
14 (105 ILCS 235/15-15)
15 Sec. 15-15. General State Aid Formula; Funding. The
16 General Assembly shall annually make Common School Fund
17 appropriations to the State Board of Education in fiscal
18 years 1999 through 2001 sufficient to fund (i) the General
19 State Aid Formula set forth in subsection (E) (Computation of
20 General State Aid) and subsection (H) (Supplemental General
21 State Aid) of Section 18-8.05 of the School Code and (ii) the
22 supplementary payments for school districts set forth in
23 subsection (J) (Supplementary Grants in Aid) of Section
24 18-8.05 of the School Code.
25 (Source: P.A. 90-548, eff. 12-4-97.)
26 (105 ILCS 235/15-20)
27 Sec. 15-20. Continuing appropriation. If the General
28 Assembly fails to make Common School Fund appropriations to
29 the State Board of Education in fiscal years 1999 through
30 2001 sufficient to fund (i) the General State Aid Formula set
31 forth in subsection (E) (Computation of General State Aid)
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1 and subsection (H) (Supplemental General State Aid) of
2 Section 18-8.05 of the School Code and (ii) the supplementary
3 payments for school districts set forth in subsection (J)
4 (Supplementary Grants in Aid) of Section 18-8.05 of the
5 School Code, this Article shall constitute an irrevocable and
6 continuing appropriation from the Common School Fund of all
7 amounts necessary for those purposes that purpose.
8 (Source: P.A. 90-548, eff. 12-4-97.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law, except the change to Section 18-8.05 of the
11 School Code takes effect July 1, 1998.