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90_HB3055
105 ILCS 5/18-8 from Ch. 122, par. 18-8
105 ILCS 5/18-8.05
Amends the School Code. In the State aid formula
applicable to the 1997-98 school year and in the State aid
formula applicable to subsequent school years, provides that
the low-income eligible pupil count used to compute the
supplemental State aid grant of a high school district
meeting certain criteria shall be determined using the
district's low-income eligible pupil count from the earlier
of the 2 most recent federal censuses. Effective
immediately, except the change to the State aid formula
applicable to the 1998-99 and subsequent school years takes
effect July 1, 1998.
LRB9010490THpk
LRB9010490THpk
1 AN ACT to amend the School Code by changing Sections 18-8
2 and 18-8.05.
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 Sections 18-8 and 18-8.05 as follows:
7 (105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
8 (Section scheduled to be repealed on July 1, 1998)
9 Sec. 18-8. Basis for apportionment to districts,
10 laboratory schools and alternative schools.
11 A. The amounts to be apportioned for school years prior
12 to the 1998-1999 school year shall be determined for each
13 educational service region by school districts, as follows:
14 1. General Provisions.
15 (a) In the computation of the amounts to be apportioned,
16 the average daily attendance of all pupils in grades 9
17 through 12 shall be multiplied by 1.25. The average daily
18 attendance of all pupils in grades 7 and 8 shall be
19 multiplied by 1.05.
20 (b) The actual number of pupils in average daily
21 attendance shall be computed in a one-teacher school district
22 by dividing the total aggregate days of pupil attendance by
23 the actual number of days school is in session but not more
24 than 30 such pupils shall be accredited for such type of
25 district; and in districts of 2 or more teachers, or in
26 districts where records of attendance are kept by session
27 teachers, by taking the sum of the respective averages of the
28 units composing the group.
29 (c) Pupils in average daily attendance shall be computed
30 upon the average of the best 3 months of pupils attendance of
31 the current school year except as district claims may be
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1 later amended as provided hereinafter in this Section.
2 However, for any school district maintaining grades
3 kindergarten through 12, the "average daily attendance" shall
4 be computed on the average of the best 3 months of pupils
5 attendance of the current year in grades kindergarten through
6 8, added together with the average of the best 3 months of
7 pupils attendance of the current year in grades 9 through 12,
8 except as district claims may be later amended as provided in
9 this Section. Days of attendance shall be kept by regular
10 calendar months, except any days of attendance in August
11 shall be added to the month of September and any days of
12 attendance in June shall be added to the month of May.
13 Except as otherwise provided in this Section, days of
14 attendance by pupils shall be counted only for sessions of
15 not less than 5 clock hours of school work per day under
16 direct supervision of: (i) teachers, or (ii) non-teaching
17 personnel or volunteer personnel when engaging in
18 non-teaching duties and supervising in those instances
19 specified in subsection (a) of Section 10-22.34 and paragraph
20 10 of Section 34-18, with pupils of legal school age and in
21 kindergarten and grades 1 through 12.
22 (d) Pupils regularly enrolled in a public school for
23 only a part of the school day may be counted on the basis of
24 1/6 day for every class hour of instruction of 40 minutes or
25 more attended pursuant to such enrollment.
26 (e) Days of attendance may be less than 5 clock hours on
27 the opening and closing of the school term, and upon the
28 first day of pupil attendance, if preceded by a day or days
29 utilized as an institute or teachers' workshop.
30 (f) A session of 4 or more clock hours may be counted as
31 a day of attendance upon certification by the regional
32 superintendent, and approved by the State Superintendent of
33 Education to the extent that the district has been forced to
34 use daily multiple sessions.
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1 (g) A session of 3 or more clock hours may be counted as
2 a day of attendance (1) when the remainder of the school day
3 or at least 2 hours in the evening of that day is utilized
4 for an in-service training program for teachers, up to a
5 maximum of 5 days per school year of which a maximum of 4
6 days of such 5 days may be used for parent-teacher
7 conferences, provided a district conducts an in-service
8 training program for teachers which has been approved by the
9 State Superintendent of Education; or, in lieu of 4 such
10 days, 2 full days may be used, in which event each such day
11 may be counted as a day of attendance; and (2) when days in
12 addition to those provided in item (1) are scheduled by a
13 school pursuant to its school improvement plan adopted under
14 Article 34 or its revised or amended school improvement plan
15 adopted under Article 2, provided that (i) such sessions of 3
16 or more clock hours are scheduled to occur at regular
17 intervals, (ii) the remainder of the school days in which
18 such sessions occur are utilized for in-service training
19 programs or other staff development activities for teachers,
20 and (iii) a sufficient number of minutes of school work under
21 the direct supervision of teachers are added to the school
22 days between such regularly scheduled sessions to accumulate
23 not less than the number of minutes by which such sessions of
24 3 or more clock hours fall short of 5 clock hours. Any full
25 days used for the purposes of this paragraph shall not be
26 considered for computing average daily attendance. Days
27 scheduled for in-service training programs, staff development
28 activities, or parent-teacher conferences may be scheduled
29 separately for different grade levels and different
30 attendance centers of the district.
31 (h) A session of not less than one clock hour teaching
32 of hospitalized or homebound pupils on-site or by telephone
33 to the classroom may be counted as 1/2 day of attendance,
34 however these pupils must receive 4 or more clock hours of
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1 instruction to be counted for a full day of attendance.
2 (i) A session of at least 4 clock hours may be counted
3 as a day of attendance for first grade pupils, and pupils in
4 full day kindergartens, and a session of 2 or more hours may
5 be counted as 1/2 day of attendance by pupils in
6 kindergartens which provide only 1/2 day of attendance.
7 (j) For children with disabilities who are below the age
8 of 6 years and who cannot attend two or more clock hours
9 because of their disability or immaturity, a session of not
10 less than one clock hour may be counted as 1/2 day of
11 attendance; however for such children whose educational needs
12 so require a session of 4 or more clock hours may be counted
13 as a full day of attendance.
14 (k) A recognized kindergarten which provides for only
15 1/2 day of attendance by each pupil shall not have more than
16 1/2 day of attendance counted in any 1 day. However,
17 kindergartens may count 2 1/2 days of attendance in any 5
18 consecutive school days. Where a pupil attends such a
19 kindergarten for 2 half days on any one school day, such
20 pupil shall have the following day as a day absent from
21 school, unless the school district obtains permission in
22 writing from the State Superintendent of Education.
23 Attendance at kindergartens which provide for a full day of
24 attendance by each pupil shall be counted the same as
25 attendance by first grade pupils. Only the first year of
26 attendance in one kindergarten shall be counted except in
27 case of children who entered the kindergarten in their fifth
28 year whose educational development requires a second year of
29 kindergarten as determined under the rules and regulations of
30 the State Board of Education.
31 (l) Days of attendance by tuition pupils shall be
32 accredited only to the districts that pay the tuition to a
33 recognized school.
34 (m) The greater of the immediately preceding year's
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1 weighted average daily attendance or the average of the
2 weighted average daily attendance of the immediately
3 preceding year and the previous 2 years shall be used.
4 For any school year beginning July 1, 1986 or thereafter,
5 if the weighted average daily attendance in either grades
6 kindergarten through 8 or grades 9 through 12 of a district
7 as computed for the first calendar month of the current
8 school year exceeds by more than 5%, but not less than 25
9 pupils, the district's weighted average daily attendance for
10 the first calendar month of the immediately preceding year
11 in, respectively, grades kindergarten through 8 or grades 9
12 through 12, a supplementary payment shall be made to the
13 district equal to the difference in the amount of aid the
14 district would be paid under this Section using the weighted
15 average daily attendance in the district as computed for the
16 first calendar month of the current school year and the
17 amount of aid the district would be paid using the weighted
18 average daily attendance in the district for the first
19 calendar month of the immediately preceding year. Such
20 supplementary State aid payment shall be paid to the district
21 as provided in Section 18-8.4 and shall be treated as
22 separate from all other payments made pursuant to this
23 Section 18-8.
24 (n) The number of low income eligible pupils in a
25 district shall result in an increase in the weighted average
26 daily attendance calculated as follows: The number of low
27 income pupils shall increase the weighted ADA by .53 for each
28 student adjusted by dividing the percent of low income
29 eligible pupils in the district by the ratio of eligible low
30 income pupils in the State to the best 3 months' weighted
31 average daily attendance in the State. In no case may the
32 adjustment under this paragraph result in a greater weighting
33 than .625 for each eligible low income student. The number
34 of low income eligible pupils in a district shall be the
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1 low-income eligible count from the most recently available
2 federal census and the weighted average daily attendance
3 shall be calculated in accordance with the other provisions
4 of this paragraph.
5 (o) Any school district which fails for any given school
6 year to maintain school as required by law, or to maintain a
7 recognized school is not eligible to file for such school
8 year any claim upon the common school fund. In case of
9 nonrecognition of one or more attendance centers in a school
10 district otherwise operating recognized schools, the claim of
11 the district shall be reduced in the proportion which the
12 average daily attendance in the attendance center or centers
13 bear to the average daily attendance in the school district.
14 A "recognized school" means any public school which meets the
15 standards as established for recognition by the State Board
16 of Education. A school district or attendance center not
17 having recognition status at the end of a school term is
18 entitled to receive State aid payments due upon a legal claim
19 which was filed while it was recognized.
20 (p) School district claims filed under this Section are
21 subject to Sections 18-9, 18-10 and 18-12, except as herein
22 otherwise provided.
23 (q) The State Board of Education shall secure from the
24 Department of Revenue the value as equalized or assessed by
25 the Department of Revenue of all taxable property of every
26 school district together with the applicable tax rate used in
27 extending taxes for the funds of the district as of September
28 30 of the previous year. The Department of Revenue shall add
29 to the equalized assessed value of all taxable property of
30 each school district situated entirely or partially within a
31 county with 2,000,000 or more inhabitants an amount equal to
32 the total amount by which the homestead exemptions allowed
33 under Sections 15-170 and 15-175 of the Property Tax Code for
34 real property situated in that school district exceeds the
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1 total amount that would have been allowed in that school
2 district as homestead exemptions under those Sections if the
3 maximum reduction under Section 15-170 of the Property Tax
4 Code was $2,000 and the maximum reduction under Section
5 15-175 of the Property Tax Code was $3,500. The county clerk
6 of any county with 2,000,000 or more inhabitants shall
7 annually calculate and certify to the Department for each
8 school district all homestead exemption amounts required by
9 this amendatory Act of 1992. In a new district which has not
10 had any tax rates yet determined for extension of taxes, a
11 leveled uniform rate shall be computed from the latest amount
12 of the fund taxes extended on the several areas within such
13 new district.
14 (r) If a school district operates a full year school
15 under Section 10-19.1, the general state aid to the school
16 district shall be determined by the State Board of Education
17 in accordance with this Section as near as may be applicable.
18 2. New or recomputed claim. The general State aid
19 entitlement for a newly created school district or a district
20 which has annexed an entire school district shall be computed
21 using attendance, compensatory pupil counts, equalized
22 assessed valuation, and tax rate data which would have been
23 used had the district been in existence for 3 years. General
24 State aid entitlements shall not be recomputed except as
25 permitted herein.
26 3. Impaction. Impaction payments shall be made as
27 provided for in Section 18-4.2.
28 4. Summer school. Summer school payments shall be made
29 as provided in Section 18-4.3.
30 5. Computation of State aid. The State grant shall be
31 determined as follows:
32 (a) The State shall guarantee the amount of money that a
33 district's operating tax rate as limited in other Sections of
34 this Act would produce if every district maintaining grades
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1 kindergarten through 12 had an equalized assessed valuation
2 equal to $74,791 per weighted ADA pupil; every district
3 maintaining grades kindergarten through 8 had an equalized
4 assessed valuation of $108,644 per weighted ADA pupil; and
5 every district maintaining grades 9 through 12 had an
6 equalized assessed valuation of $187,657 per weighted ADA
7 pupil. The State Board of Education shall adjust the
8 equalized assessed valuation amounts stated in this
9 paragraph, if necessary, to conform to the amount of the
10 appropriation approved for any fiscal year.
11 (b) The operating tax rate to be used shall consist of
12 all district taxes extended for all purposes except community
13 college educational purposes for the payment of tuition under
14 Section 6-1 of the Public Community College Act, Bond and
15 Interest, Summer School, Rent, Capital Improvement and
16 Vocational Education Building. Any district may elect to
17 exclude Transportation from the calculation of its operating
18 tax rate. Districts may include taxes extended for the
19 payment of principal and interest on bonds issued under the
20 provisions of Sections 17-2.11a and 20-2 at a rate of .05%
21 per year for each purpose or the actual rate extended,
22 whichever is less.
23 (c) For calculation of aid under this Act a district
24 shall use the combined authorized tax rates of all funds not
25 exempt in (b) above, not to exceed 2.76% of the value of all
26 its taxable property as equalized or assessed by the
27 Department of Revenue for districts maintaining grades
28 kindergarten through 12; 1.90% of the value of all its
29 taxable property as equalized or assessed by the Department
30 of Revenue for districts maintaining grades kindergarten
31 through 8 only; 1.10% of the value of all its taxable
32 property as equalized or assessed by the Department of
33 Revenue for districts maintaining grades 9 through 12 only.
34 A district may, however, as provided in Article 17, increase
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1 its operating tax rate above the maximum rate provided in
2 this subsection without affecting the amount of State aid to
3 which it is entitled under this Act.
4 (d) (1) For districts maintaining grades kindergarten
5 through 12 with an operating tax rate as described in
6 subsections 5(b) and (c) of less than 2.18%, and districts
7 maintaining grades kindergarten through 8 with an operating
8 tax rate of less than 1.28%, State aid shall be computed by
9 multiplying the difference between the guaranteed equalized
10 assessed valuation per weighted ADA pupil in subsection 5(a)
11 and the equalized assessed valuation per weighted ADA pupil
12 in the district by the operating tax rate, multiplied by the
13 weighted average daily attendance of the district; provided,
14 however, that for the 1989-1990 school year only, a school
15 district maintaining grades kindergarten through 8 whose
16 operating tax rate with reference to which its general State
17 aid for the 1989-1990 school year is determined is less than
18 1.28% and more than 1.090%, and which had an operating tax
19 rate of 1.28% or more for the previous year, shall have its
20 general State aid computed according to the provisions of
21 subsection 5(d)(2).
22 (2) For districts maintaining grades kindergarten
23 through 12 with an operating tax rate as described in
24 subsection 5(b) and (c) of 2.18% and above, the State aid
25 shall be computed as provided in subsection (d) (1) but as
26 though the district had an operating tax rate of 2.76%; in
27 K-8 districts with an operating tax rate of 1.28% and above,
28 the State aid shall be computed as provided in subsection (d)
29 (1) but as though the district had an operating tax rate of
30 1.90%; and in 9-12 districts, the State aid shall be computed
31 by multiplying the difference between the guaranteed
32 equalized assessed valuation per weighted average daily
33 attendance pupil in subsection 5(a) and the equalized
34 assessed valuation per weighted average daily attendance
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1 pupil in the district by the operating tax rate, not to
2 exceed 1.10%, multiplied by the weighted average daily
3 attendance of the district. State aid computed under the
4 provisions of this subsection (d) (2) shall be treated as
5 separate from all other payments made pursuant to this
6 Section. The State Comptroller and State Treasurer shall
7 transfer from the General Revenue Fund to the Common School
8 Fund the amounts necessary to permit these claims to be paid
9 in equal installments along with other State aid payments
10 remaining to be made for the 1983-1984 school year under this
11 Section.
12 (3) For any school district whose 1995 equalized
13 assessed valuation is at least 6% less than its 1994
14 equalized assessed valuation as the result of a reduction in
15 the equalized assessed valuation of the taxable property
16 within such district of any one taxpayer whose taxable
17 property within the district has a 1994 equalized assessed
18 valuation constituting at least 20% of the 1994 equalized
19 assessed valuation of all taxable property within the
20 district, the 1996-97 State aid of such district shall be
21 computed using its 1995 equalized assessed valuation.
22 (4) For any school district whose 1988 equalized
23 assessed valuation is 55% or less of its 1981 equalized
24 assessed valuation, the 1990-91 State aid of such district
25 shall be computed by multiplying the 1988 equalized assessed
26 valuation by a factor of .8. Any such school district which
27 is reorganized effective for the 1991-92 school year shall
28 use the formula provided in this subparagraph for purposes of
29 the calculation made pursuant to subsection (m) of this
30 Section.
31 (e) The amount of State aid shall be computed under the
32 provisions of subsections 5(a) through 5(d) provided the
33 equalized assessed valuation per weighted ADA pupil is less
34 than .87 of the amounts in subsection 5(a). If the equalized
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1 assessed valuation per weighted ADA pupil is equal to or
2 greater than .87 of the amounts in subsection 5(a), the State
3 aid shall be computed under the provisions of subsection
4 5(f).
5 (f) If the equalized assessed valuation per weighted ADA
6 pupil is equal to or greater than .87 of the amounts in
7 subsection 5(a), the State aid per weighted ADA pupil shall
8 be computed by multiplying the product of .13 times the
9 maximum per pupil amount computed under the provisions of
10 subsections 5(a) through 5(d) by an amount equal to the
11 quotient of .87 times the equalized assessed valuation per
12 weighted ADA pupil in subsection 5(a) for that type of
13 district divided by the district equalized valuation per
14 weighted ADA pupil except in no case shall the district
15 receive State aid per weighted ADA pupil of less than .07
16 times the maximum per pupil amount computed under the
17 provisions of subsections 5(a) through 5(d).
18 (g) In addition to the above grants, summer school
19 grants shall be made based upon the calculation as provided
20 in subsection 4 of this Section.
21 (h) The board of any district receiving any of the
22 grants provided for in this Section may apply those funds to
23 any fund so received for which that board is authorized to
24 make expenditures by law.
25 (i) (1) (a) In school districts with an average daily
26 attendance of 50,000 or more, the amount which is provided
27 under subsection 1(n) of this Section by the application of a
28 base Chapter 1 weighting factor of .375 shall be distributed
29 to the attendance centers within the district in proportion
30 to the number of pupils enrolled at each attendance center
31 who are eligible to receive free or reduced-price lunches or
32 breakfasts under the federal Child Nutrition Act of 1966 and
33 under the National School Lunch Act during the immediately
34 preceding school year. The amount of State aid provided
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1 under subsection 1(n) of this Section by the application of
2 the Chapter 1 weighting factor in excess of .375 shall be
3 distributed to the attendance centers within the district in
4 proportion to the total enrollment at each attendance center.
5 Beginning with school year 1989-90, and each school year
6 thereafter, all funds provided under subsection 1 (n) of this
7 Section by the application of the Chapter 1 weighting factor
8 which are in excess of the level of non-targeted Chapter 1
9 funds in school year 1988-89 shall be distributed to
10 attendance centers, and only to attendance centers, within
11 the district in proportion to the number of pupils enrolled
12 at each attendance center who are eligible to receive free or
13 reduced price lunches or breakfasts under the Federal Child
14 Nutrition Act and under the National School Lunch Act during
15 the immediately preceding school year. Beginning in school
16 year 1989-90, 25% of the previously non-targeted Chapter 1
17 funds as established for school year 1988-89 shall also be
18 distributed to the attendance centers, and only to attendance
19 centers, in the district in proportion to the number of
20 pupils enrolled at each attendance center who are eligible to
21 receive free or reduced price lunches or breakfasts under the
22 Federal Child Nutrition Act and under the National School
23 Lunch Act during the immediately preceding school year; in
24 school year 1990-91, 50% of the previously non-targeted
25 Chapter 1 funds as established for school year 1988-89 shall
26 be distributed to attendance centers, and only to attendance
27 centers, in the district in proportion to the number of
28 pupils enrolled at each attendance center who are eligible to
29 receive such free or reduced price lunches or breakfasts
30 during the immediately preceding school year; in school year
31 1991-92, 75% of the previously non-targeted Chapter 1 funds
32 as established for school year 1988-89 shall be distributed
33 to attendance centers, and only to attendance centers, in the
34 district in proportion to the number of pupils enrolled at
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1 each attendance center who are eligible to receive such free
2 or reduced price lunches or breakfasts during the immediately
3 preceding school year; in school year 1992-93 and thereafter,
4 all funds provided under subsection 1 (n) of this Section by
5 the application of the Chapter 1 weighting factor shall be
6 distributed to attendance centers, and only to attendance
7 centers, in the district in proportion to the number of
8 pupils enrolled at each attendance center who are eligible to
9 receive free or reduced price lunches or breakfasts under the
10 Federal Child Nutrition Act and under the National School
11 Lunch Act during the immediately preceding school year;
12 provided, however, that the distribution formula in effect
13 beginning with school year 1989-90 shall not be applicable to
14 such portion of State aid provided under subsection 1 (n) of
15 this Section by the application of the Chapter 1 weighting
16 formula as is set aside and appropriated by the school
17 district for the purpose of providing desegregation programs
18 and related transportation to students (which portion shall
19 not exceed 5% of the total amount of State aid which is
20 provided under subsection 1 (n) of this Section by
21 application of the Chapter 1 weighting formula), and the
22 relevant percentages shall be applied to the remaining
23 portion of such State aid. The distribution of these
24 portions of general State aid among attendance centers
25 according to these requirements shall not be compensated for
26 or contravened by adjustments of the total of other funds
27 appropriated to any attendance centers. (b) The Board of
28 Education shall utilize funding from one or several sources
29 in order to fully implement this provision annually prior to
30 the opening of school. The Board of Education shall apply
31 savings from reduced administrative costs required under
32 Section 34-43.1 and growth in non-Chapter 1 State and local
33 funds to assure that all attendance centers receive funding
34 to replace losses due to redistribution of Chapter 1 funding.
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1 The distribution formula and funding to replace losses due to
2 the distribution formula shall occur, in full, using any and
3 all sources available, including, if necessary, revenue from
4 administrative reductions beyond those required in Section
5 34-43.1, in order to provide the necessary funds. (c) Each
6 attendance center shall be provided by the school district a
7 distribution of noncategorical funds and other categorical
8 funds to which an attendance center is entitled under law in
9 order that the State aid provided by application of the
10 Chapter 1 weighting factor and required to be distributed
11 among attendance centers according to the requirements of
12 this paragraph supplements rather than supplants the
13 noncategorical funds and other categorical funds provided by
14 the school district to the attendance centers.
15 Notwithstanding the foregoing provisions of this subsection
16 5(i)(1) or any other law to the contrary, beginning with the
17 1995-1996 school year and for each school year thereafter,
18 the board of a school district to which the provisions of
19 this subsection apply shall be required to allocate or
20 provide to attendance centers of the district in any such
21 school year, from the State aid provided for the district
22 under this Section by application of the Chapter 1 weighting
23 factor, an aggregate amount of not less than $261,000,000 of
24 State Chapter 1 funds. Any State Chapter 1 funds that by
25 reason of the provisions of this paragraph are not required
26 to be allocated and provided to attendance centers may be
27 used and appropriated by the board of the district for any
28 lawful school purpose. Chapter 1 funds received by an
29 attendance center (except those funds set aside for
30 desegregation programs and related transportation to
31 students) shall be used on the schedule cited in this Section
32 at the attendance center at the discretion of the principal
33 and local school council for programs to improve educational
34 opportunities at qualifying schools through the following
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1 programs and services: early childhood education, reduced
2 class size or improved adult to student classroom ratio,
3 enrichment programs, remedial assistance, attendance
4 improvement and other educationally beneficial expenditures
5 which supplement the regular and basic programs as determined
6 by the State Board of Education. Chapter 1 funds shall not
7 be expended for any political or lobbying purposes as defined
8 by board rule. (d) Each district subject to the provisions of
9 this paragraph shall submit an acceptable plan to meet the
10 educational needs of disadvantaged children, in compliance
11 with the requirements of this paragraph, to the State Board
12 of Education prior to July 15 of each year. This plan shall
13 be consistent with the decisions of local school councils
14 concerning the school expenditure plans developed in
15 accordance with part 4 of Section 34-2.3. The State Board
16 shall approve or reject the plan within 60 days after its
17 submission. If the plan is rejected the district shall give
18 written notice of intent to modify the plan within 15 days of
19 the notification of rejection and then submit a modified plan
20 within 30 days after the date of the written notice of intent
21 to modify. Districts may amend approved plans pursuant to
22 rules promulgated by the State Board of Education.
23 Upon notification by the State Board of Education that
24 the district has not submitted a plan prior to July 15 or a
25 modified plan within the time period specified herein, the
26 State aid funds affected by said plan or modified plan shall
27 be withheld by the State Board of Education until a plan or
28 modified plan is submitted.
29 If the district fails to distribute State aid to
30 attendance centers in accordance with an approved plan, the
31 plan for the following year shall allocate funds, in addition
32 to the funds otherwise required by this subparagraph, to
33 those attendance centers which were underfunded during the
34 previous year in amounts equal to such underfunding.
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1 For purposes of determining compliance with this
2 subsection in relation to Chapter 1 expenditures, each
3 district subject to the provisions of this subsection shall
4 submit as a separate document by December 1 of each year a
5 report of Chapter 1 expenditure data for the prior year in
6 addition to any modification of its current plan. If it is
7 determined that there has been a failure to comply with the
8 expenditure provisions of this subsection regarding
9 contravention or supplanting, the State Superintendent of
10 Education shall, within 60 days of receipt of the report,
11 notify the district and any affected local school council.
12 The district shall within 45 days of receipt of that
13 notification inform the State Superintendent of Education of
14 the remedial or corrective action to be taken, whether by
15 amendment of the current plan, if feasible, or by adjustment
16 in the plan for the following year. Failure to provide the
17 expenditure report or the notification of remedial or
18 corrective action in a timely manner shall result in a
19 withholding of the affected funds.
20 The State Board of Education shall promulgate rules and
21 regulations to implement the provisions of this subsection
22 5(i)(1). No funds shall be released under subsection 1(n) of
23 this Section or under this subsection 5(i)(1) to any district
24 which has not submitted a plan which has been approved by the
25 State Board of Education.
26 (2) School districts with an average daily attendance of
27 more than 1,000 and less than 50,000 and having a low income
28 pupil weighting factor in excess of .53 shall submit a plan
29 to the State Board of Education prior to October 30 of each
30 year for the use of the funds resulting from the application
31 of subsection 1(n) of this Section for the improvement of
32 instruction in which priority is given to meeting the
33 education needs of disadvantaged children. Such plan shall
34 be submitted in accordance with rules and regulations
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1 promulgated by the State Board of Education.
2 (j) For the purposes of calculating State aid under this
3 Section, with respect to any part of a school district within
4 a redevelopment project area in respect to which a
5 municipality has adopted tax increment allocation financing
6 pursuant to the Tax Increment Allocation Redevelopment Act,
7 Sections 11-74.4-1 through 11-74.4-11 of the Illinois
8 Municipal Code or the Industrial Jobs Recovery Law, Sections
9 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code,
10 no part of the current equalized assessed valuation of real
11 property located in any such project area which is
12 attributable to an increase above the total initial equalized
13 assessed valuation of such property shall be used in
14 computing the equalized assessed valuation per weighted ADA
15 pupil in the district, until such time as all redevelopment
16 project costs have been paid, as provided in Section
17 11-74.4-8 of the Tax Increment Allocation Redevelopment Act
18 or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
19 For the purpose of computing the equalized assessed valuation
20 per weighted ADA pupil in the district the total initial
21 equalized assessed valuation or the current equalized
22 assessed valuation, whichever is lower, shall be used until
23 such time as all redevelopment project costs have been paid.
24 (k) For a school district operating under the financial
25 supervision of an Authority created under Article 34A, the
26 State aid otherwise payable to that district under this
27 Section, other than State aid attributable to Chapter 1
28 students, shall be reduced by an amount equal to the budget
29 for the operations of the Authority as certified by the
30 Authority to the State Board of Education, and an amount
31 equal to such reduction shall be paid to the Authority
32 created for such district for its operating expenses in the
33 manner provided in Section 18-11. The remainder of State
34 school aid for any such district shall be paid in accordance
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1 with Article 34A when that Article provides for a disposition
2 other than that provided by this Article.
3 (l) For purposes of calculating State aid under this
4 Section, the equalized assessed valuation for a school
5 district used to compute State aid shall be determined by
6 adding to the real property equalized assessed valuation for
7 the district an amount computed by dividing the amount of
8 money received by the district under the provisions of "An
9 Act in relation to the abolition of ad valorem personal
10 property tax and the replacement of revenues lost thereby",
11 certified August 14, 1979, by the total tax rate for the
12 district. For purposes of this subsection 1976 tax rates
13 shall be used for school districts in the county of Cook and
14 1977 tax rates shall be used for school districts in all
15 other counties.
16 (m) (1) For a new school district formed by combining
17 property included totally within 2 or more previously
18 existing school districts, for its first year of existence or
19 if the new district was formed after October 31, 1982 and
20 prior to September 23, 1985, for the year immediately
21 following September 23, 1985, the State aid calculated under
22 this Section shall be computed for the new district and for
23 the previously existing districts for which property is
24 totally included within the new district. If the computation
25 on the basis of the previously existing districts is greater,
26 a supplementary payment equal to the difference shall be made
27 for the first 3 years of existence of the new district or if
28 the new district was formed after October 31, 1982 and prior
29 to September 23, 1985, for the 3 years immediately following
30 September 23, 1985.
31 (2) For a school district which annexes all of the
32 territory of one or more entire other school districts, for
33 the first year during which the change of boundaries
34 attributable to such annexation becomes effective for all
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1 purposes as determined under Section 7-9 or 7A-8, the State
2 aid calculated under this Section shall be computed for the
3 annexing district as constituted after the annexation and for
4 the annexing and each annexed district as constituted prior
5 to the annexation; and if the computation on the basis of the
6 annexing and annexed districts as constituted prior to the
7 annexation is greater, a supplementary payment equal to the
8 difference shall be made for the first 3 years of existence
9 of the annexing school district as constituted upon such
10 annexation.
11 (3) For 2 or more school districts which annex all of
12 the territory of one or more entire other school districts,
13 and for 2 or more community unit districts which result upon
14 the division (pursuant to petition under Section 11A-2) of
15 one or more other unit school districts into 2 or more parts
16 and which together include all of the parts into which such
17 other unit school district or districts are so divided, for
18 the first year during which the change of boundaries
19 attributable to such annexation or division becomes effective
20 for all purposes as determined under Section 7-9 or 11A-10,
21 as the case may be, the State aid calculated under this
22 Section shall be computed for each annexing or resulting
23 district as constituted after the annexation or division and
24 for each annexing and annexed district, or for each resulting
25 and divided district, as constituted prior to the annexation
26 or division; and if the aggregate of the State aid as so
27 computed for the annexing or resulting districts as
28 constituted after the annexation or division is less than the
29 aggregate of the State aid as so computed for the annexing
30 and annexed districts, or for the resulting and divided
31 districts, as constituted prior to the annexation or
32 division, then a supplementary payment equal to the
33 difference shall be made and allocated between or among the
34 annexing or resulting districts, as constituted upon such
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1 annexation or division, for the first 3 years of their
2 existence. The total difference payment shall be allocated
3 between or among the annexing or resulting districts in the
4 same ratio as the pupil enrollment from that portion of the
5 annexed or divided district or districts which is annexed to
6 or included in each such annexing or resulting district bears
7 to the total pupil enrollment from the entire annexed or
8 divided district or districts, as such pupil enrollment is
9 determined for the school year last ending prior to the date
10 when the change of boundaries attributable to the annexation
11 or division becomes effective for all purposes. The amount
12 of the total difference payment and the amount thereof to be
13 allocated to the annexing or resulting districts shall be
14 computed by the State Board of Education on the basis of
15 pupil enrollment and other data which shall be certified to
16 the State Board of Education, on forms which it shall provide
17 for that purpose, by the regional superintendent of schools
18 for each educational service region in which the annexing and
19 annexed districts, or resulting and divided districts are
20 located.
21 (4) If a unit school district annexes all the territory
22 of another unit school district effective for all purposes
23 pursuant to Section 7-9 on July 1, 1988, and if part of the
24 annexed territory is detached within 90 days after July 1,
25 1988, then the detachment shall be disregarded in computing
26 the supplementary State aid payments under this paragraph (m)
27 for the entire 3 year period and the supplementary State aid
28 payments shall not be diminished because of the detachment.
29 (5) Any supplementary State aid payment made under this
30 paragraph (m) shall be treated as separate from all other
31 payments made pursuant to this Section.
32 (n) For the purposes of calculating State aid under this
33 Section, the real property equalized assessed valuation for a
34 school district used to compute State aid shall be determined
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1 by subtracting from the real property value as equalized or
2 assessed by the Department of Revenue for the district an
3 amount computed by dividing the amount of any abatement of
4 taxes under Section 18-170 of the Property Tax Code by the
5 maximum operating tax rates specified in subsection 5(c) of
6 this Section and an amount computed by dividing the amount of
7 any abatement of taxes under subsection (a) of Section 18-165
8 of the Property Tax Code by the maximum operating tax rates
9 specified in subsection 5(c) of this Section.
10 (o) Notwithstanding any other provisions of this
11 Section, for the 1996-1997 school year the amount of the
12 aggregate general State aid entitlement that is received
13 under this Section by each school district for that school
14 year shall be not less than the amount of the aggregate
15 general State aid entitlement that was received by the
16 district under this Section for the 1995-1996 school year.
17 If a school district is to receive an aggregate general State
18 aid entitlement under this Section for the 1996-1997 school
19 year that is less than the amount of the aggregate general
20 State aid entitlement that the district received under this
21 Section for the 1995-1996 school year, the school district
22 shall also receive, from a separate appropriation made for
23 purposes of this paragraph (o), a supplementary payment that
24 is equal to the amount by which the general State aid
25 entitlement received by the district under this Section for
26 the 1995-1996 school year exceeds the general State aid
27 entitlement that the district is to receive under this
28 Section for the 1996-1997 school year.
29 Notwithstanding any other provisions of this Section, for
30 the 1997-1998 school year the amount of the aggregate general
31 State aid entitlement that is received under this Section by
32 each school district for that school year shall be not less
33 than the amount of the aggregate general State aid
34 entitlement that was received by the district under this
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1 Section for the 1996-1997 school year. If a school district
2 is to receive an aggregate general State aid entitlement
3 under this Section for the 1997-1998 school year that is less
4 than the amount of the aggregate general State aid
5 entitlement that the district received under this Section for
6 the 1996-1997 school year, the school district shall also
7 receive, from a separate appropriation made for purposes of
8 this paragraph (o), a supplementary payment that is equal to
9 the amount by which the general State aid entitlement
10 received by the district under this Section for the 1996-1997
11 school year exceeds the general State aid entitlement that
12 the district is to receive under this Section for the
13 1997-1998 school year.
14 If the amount appropriated for supplementary payments to
15 school districts under this paragraph (o) is insufficient for
16 that purpose, the supplementary payments that districts are
17 to receive under this paragraph shall be prorated according
18 to the aggregate amount of the appropriation made for
19 purposes of this paragraph.
20 (p) For the 1997-1998 school year only, a supplemental
21 general State aid grant shall be provided for school
22 districts in an amount equal to the greater of the result of
23 part (i) of this subsection or part (ii) of this subsection,
24 calculated as follows:
25 (i) The general State aid received by a school
26 district under this Section for the 1997-1998 school year
27 shall be added to the sum of (A) the result obtained by
28 multiplying the 1995 equalized valuation of all taxable
29 property in the district by the fixed calculation tax
30 rates of 3.0% for unit districts, 2.0% for elementary
31 districts and 1.0% for high school districts plus (B) the
32 aggregate corporate personal property replacement
33 revenues received by the district during the 1996-1997
34 school year. That aggregate amount determined under this
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1 part (i) shall be divided by the average of the best 3
2 months of pupil attendance in the district for the
3 1996-1997 school year. If the result obtained by dividing
4 the aggregate amount determined under this part (i) by
5 the average of the best 3 months of pupil attendance in
6 the district is less than $3,600, the supplemental
7 general State aid grant for that district shall be equal
8 to the amount determined by subtracting from $3,600 the
9 result obtained by dividing the aggregate amount
10 determined under this part (i) by the average of the best
11 3 months of pupil attendance in the district, and by
12 multiplying that difference by the average of the best 3
13 months of pupil attendance in the district for the
14 1996-1997 school year.
15 (ii) The general State aid received by a school
16 district under this Section for the 1997-1998 school year
17 shall be added to the sum of (A) the result obtained by
18 multiplying the 1995 equalized assessed valuation of all
19 taxable property in the district by the district's
20 applicable 1995 operating tax rate as defined in this
21 part (ii) plus (B) the aggregate corporate personal
22 property replacement revenues received by the district
23 during the 1996-1997 school year. That aggregate amount
24 shall be divided by the average of the best 3 months of
25 pupil attendance in the district for the 1996-1997 school
26 year. If the result obtained by dividing the aggregate
27 amount determined in this part (ii) by the average of the
28 best 3 months of pupil attendance in the district is less
29 than $4,100, the supplemental general State aid grant for
30 that district shall be equal to the amount determined by
31 subtracting from the $4,100 the result obtained by
32 dividing the aggregate amount determined in this part
33 (ii) by the average of the best 3 months of pupil
34 attendance in the district and by multiplying that
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1 difference by the average of the best 3 months of pupil
2 attendance in the district for the 1996-1997 school year.
3 For the purposes of this part (ii), the "applicable 1995
4 operating tax rate" shall mean the following: (A) for
5 unit districts with operating tax rates of 3.00% or less,
6 elementary districts with operating tax rates of 2.00% or
7 less, and high school districts with operating tax rates
8 of 1.00% or less, the applicable 1995 operating tax rate
9 shall be 3.00% for unit districts, 2.00% for elementary
10 districts, and 1.00% for high school districts; (B) for
11 unit districts with operating tax rates of 4.50% or more,
12 elementary districts with operating tax rates of 3.00% or
13 more, and high school districts with operating tax rates
14 of 1.85% or more, the applicable 1995 operating tax rate
15 shall be 4.50% for unit districts, 3.00% for elementary
16 districts, and 1.85% for high school districts; and (C)
17 for unit districts with operating tax rates of more than
18 3.00% and less than 4.50%, for elementary districts with
19 operating tax rates of more than 2.00% and less than
20 3.00%, and for high school districts with operating tax
21 rates of more than 1.00% and less than 1.85%, the
22 applicable 1995 operating tax rate shall be the
23 district's actual 1995 operating tax rate.
24 If the moneys appropriated in a separate line item by the
25 General Assembly to the State Board of Education for
26 supplementary payments required to be made and distributed to
27 school districts for the 1997-1998 school year under this
28 subsection 5(p) are insufficient, the amount of the
29 supplementary payments required to be made and distributed to
30 those school districts under this subsection shall abate
31 proportionately.
32 (p-5) For the 1997-98 school year only, a supplemental
33 general State aid grant shall be provided for school
34 districts based on the number of low-income eligible pupils
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1 within the school district. For the purposes of this
2 subsection 5(p-5), "low-income eligible pupils" shall be the
3 low-income eligible pupil count from the most recently
4 available federal census. If, however, the percentage
5 decrease from the 2 most recent federal censuses in the
6 low-income eligible pupil count of a high school district
7 with fewer than 400 students exceeds by 75% or more the
8 percentage change in the total low-income eligible pupil
9 count of contiguous elementary school districts, whose
10 boundaries are coterminous with that high school district,
11 the high-school district's low-income eligible pupil count
12 from the earlier federal census shall be used as the number
13 of low-income eligible pupils for the high school district.
14 The supplemental general State aid grant for each district
15 shall be equal to the number of low-income eligible pupils
16 within that district multiplied by $30.50. If the moneys
17 appropriated in a separate line item by the General Assembly
18 to the State Board of Education for supplementary payments
19 required to be made and distributed to school districts for
20 the 1997-98 school year under this subsection 5(p-5) are
21 insufficient, the amount of the supplementary payments
22 required to be made and distributed to those districts under
23 this subsection shall abate proportionately.
24 B. In calculating the amount to be paid to the governing
25 board of a public university that operates a laboratory
26 school under this Section or to any alternative school that
27 is operated by a regional superintendent of schools, the
28 State Board of Education shall require by rule such reporting
29 requirements as it deems necessary.
30 As used in this Section, "laboratory school" means a
31 public school which is created and operated by a public
32 university and approved by the State Board of Education. The
33 governing board of a public university which receives funds
34 from the State Board under this subsection B may not increase
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1 the number of students enrolled in its laboratory school from
2 a single district, if that district is already sending 50 or
3 more students, except under a mutual agreement between the
4 school board of a student's district of residence and the
5 university which operates the laboratory school. A
6 laboratory school may not have more than 1,000 students,
7 excluding students with disabilities in a special education
8 program.
9 As used in this Section, "alternative school" means a
10 public school which is created and operated by a Regional
11 Superintendent of Schools and approved by the State Board of
12 Education. Such alternative schools may offer courses of
13 instruction for which credit is given in regular school
14 programs, courses to prepare students for the high school
15 equivalency testing program or vocational and occupational
16 training. A regional superintendent of schools may contract
17 with a school district or a public community college district
18 to operate an alternative school. An alternative school
19 serving more than one educational service region may be
20 operated under such terms as the regional superintendents of
21 schools of those educational service regions may agree.
22 Each laboratory and alternative school shall file, on
23 forms provided by the State Superintendent of Education, an
24 annual State aid claim which states the average daily
25 attendance of the school's students by month. The best 3
26 months' average daily attendance shall be computed for each
27 school. The weighted average daily attendance shall be
28 computed and the weighted average daily attendance for the
29 school's most recent 3 year average shall be compared to the
30 most recent weighted average daily attendance, and the
31 greater of the 2 shall be used for the calculation under this
32 subsection B. The general State aid entitlement shall be
33 computed by multiplying the school's student count by the
34 foundation level as determined under this Section.
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1 C. This Section is repealed July 1, 1998.
2 (Source: P.A. 89-15, eff. 5-30-95; 89-235, eff. 8-4-95;
3 89-397, eff. 8-20-95; 89-610, eff. 8-6-96; 89-618, eff.
4 8-9-96; 89-626, eff. 8-9-96; 89-679, eff. 8-16-96; 90-9, eff.
5 7-1-97; 90-14, eff. 7-1-97; 90-548, eff. 12-4-97; 90-566,
6 eff. 1-2-98; revised 1-8-98.)
7 (105 ILCS 5/18-8.05)
8 (This Section may contain text from a Public Act with a
9 delayed effective date.)
10 Sec. 18-8.05. Basis for apportionment of general State
11 financial aid and supplemental general State aid to the
12 common schools for the 1998-1999 and subsequent school years.
13 (A) General Provisions.
14 (1) The provisions of this Section apply to the
15 1998-1999 and subsequent school years. The system of general
16 State financial aid provided for in this Section is designed
17 to assure that, through a combination of State financial aid
18 and required local resources, the financial support provided
19 each pupil in Average Daily Attendance equals or exceeds a
20 prescribed per pupil Foundation Level. This formula approach
21 imputes a level of per pupil Available Local Resources and
22 provides for the basis to calculate a per pupil level of
23 general State financial aid that, when added to Available
24 Local Resources, equals or exceeds the Foundation Level. The
25 amount of per pupil general State financial aid for school
26 districts, in general, varies in inverse relation to
27 Available Local Resources. Per pupil amounts are based upon
28 each school district's Average Daily Attendance as that term
29 is defined in this Section.
30 (2) In addition to general State financial aid, school
31 districts with specified levels or concentrations of pupils
32 from low income households are eligible to receive
33 supplemental general State financial aid grants as provided
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1 pursuant to subsection (H). The supplemental State aid grants
2 provided for school districts under subsection (H) shall be
3 appropriated for distribution to school districts as part of
4 the same line item in which the general State financial aid
5 of school districts is appropriated under this Section.
6 (3) To receive financial assistance under this Section,
7 school districts are required to file claims with the State
8 Board of Education, subject to the following requirements:
9 (a) Any school district which fails for any given
10 school year to maintain school as required by law, or to
11 maintain a recognized school is not eligible to file for
12 such school year any claim upon the Common School Fund.
13 In case of nonrecognition of one or more attendance
14 centers in a school district otherwise operating
15 recognized schools, the claim of the district shall be
16 reduced in the proportion which the Average Daily
17 Attendance in the attendance center or centers bear to
18 the Average Daily Attendance in the school district. A
19 "recognized school" means any public school which meets
20 the standards as established for recognition by the State
21 Board of Education. A school district or attendance
22 center not having recognition status at the end of a
23 school term is entitled to receive State aid payments due
24 upon a legal claim which was filed while it was
25 recognized.
26 (b) School district claims filed under this Section
27 are subject to Sections 18-9, 18-10, and 18-12, except as
28 otherwise provided in this Section.
29 (c) If a school district operates a full year
30 school under Section 10-19.1, the general State aid to
31 the school district shall be determined by the State
32 Board of Education in accordance with this Section as
33 near as may be applicable.
34 (d) Claims for financial assistance under this
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1 Section shall not be recomputed except as expressly
2 provided under this Section.
3 (4) Except as provided in subsections (H) and (L), the
4 board of any district receiving any of the grants provided
5 for in this Section may apply those funds to any fund so
6 received for which that board is authorized to make
7 expenditures by law.
8 School districts are not required to exert a minimum
9 Operating Tax Rate in order to qualify for assistance under
10 this Section.
11 (5) As used in this Section the following terms, when
12 capitalized, shall have the meaning ascribed herein:
13 (a) "Average Daily Attendance": A count of pupil
14 attendance in school, averaged as provided for in
15 subsection (C) and utilized in deriving per pupil
16 financial support levels.
17 (b) "Available Local Resources": A computation of
18 local financial support, calculated on the basis Average
19 Daily Attendance and derived as provided pursuant to
20 subsection (D).
21 (c) "Corporate Personal Property Replacement
22 Taxes": Funds paid to local school districts pursuant to
23 "An Act in relation to the abolition of ad valorem
24 personal property tax and the replacement of revenues
25 lost thereby, and amending and repealing certain Acts and
26 parts of Acts in connection therewith", certified August
27 14, 1979, as amended (Public Act 81-1st S.S.-1).
28 (d) "Foundation Level": A prescribed level of per
29 pupil financial support as provided for in subsection
30 (B).
31 (e) "Operating Tax Rate": All school district
32 property taxes extended for all purposes, except
33 community college educational purposes for the payment of
34 tuition under Section 6-1 of the Public Community College
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1 Act, Bond and Interest, Summer School, Rent, Capital
2 Improvement, and Vocational Education Building purposes.
3 (B) Foundation Level.
4 (1) The Foundation Level is a figure established by the
5 State representing the minimum level of per pupil financial
6 support that should be available to provide for the basic
7 education of each pupil in Average Daily Attendance. As set
8 forth in this Section, each school district is assumed to
9 exert a sufficient local taxing effort such that, in
10 combination with the aggregate of general State financial aid
11 provided the district, an aggregate of State and local
12 resources are available to meet the basic education needs of
13 pupils in the district.
14 (2) For the 1998-1999 school year, the Foundation Level
15 of support is $4,225. For the 1999-2000 school year, the
16 Foundation Level of support is $4,325. For the 2000-2001
17 school year, the Foundation Level of support is $4,425.
18 (3) For the 2001-2002 school year and each school year
19 thereafter, the Foundation Level of support is $4,425 or such
20 greater amount as may be established by law by the General
21 Assembly.
22 (C) Average Daily Attendance.
23 (1) For purposes of calculating general State aid
24 pursuant to subsection (E), an Average Daily Attendance
25 figure shall be utilized. The Average Daily Attendance
26 figure for formula calculation purposes shall be the monthly
27 average of the actual number of pupils in attendance of each
28 school district, as further averaged for the best 3 months of
29 pupil attendance for each school district. In compiling the
30 figures for the number of pupils in attendance, school
31 districts and the State Board of Education shall, for
32 purposes of general State aid funding, conform attendance
33 figures to the requirements of subsection (F).
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1 (2) The Average Daily Attendance figures utilized in
2 subsection (E) shall be the requisite attendance data for the
3 school year immediately preceding the school year for which
4 general State aid is being calculated.
5 (D) Available Local Resources.
6 (1) For purposes of calculating general State aid
7 pursuant to subsection (E), a representation of Available
8 Local Resources per pupil, as that term is defined and
9 determined in this subsection, shall be utilized. Available
10 Local Resources per pupil shall include a calculated dollar
11 amount representing local school district revenues from local
12 property taxes and from Corporate Personal Property
13 Replacement Taxes, expressed on the basis of pupils in
14 Average Daily Attendance.
15 (2) In determining a school district's revenue from
16 local property taxes, the State Board of Education shall
17 utilize the equalized assessed valuation of all taxable
18 property of each school district as of September 30 of the
19 previous year. The equalized assessed valuation utilized
20 shall be obtained and determined as provided in subsection
21 (G).
22 (3) For school districts maintaining grades kindergarten
23 through 12, local property tax revenues per pupil shall be
24 calculated as the product of the applicable equalized
25 assessed valuation for the district multiplied by 3.00%, and
26 divided by the district's Average Daily Attendance figure.
27 For school districts maintaining grades kindergarten through
28 8, local property tax revenues per pupil shall be calculated
29 as the product of the applicable equalized assessed valuation
30 for the district multiplied by 2.30%, and divided by the
31 district's Average Daily Attendance figure. For school
32 districts maintaining grades 9 through 12, local property tax
33 revenues per pupil shall be the applicable equalized assessed
34 valuation of the district multiplied by 1.20%, and divided by
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1 the district's Average Daily Attendance figure.
2 (4) The Corporate Personal Property Replacement Taxes
3 paid to each school district during the calendar year 2 years
4 before the calendar year in which a school year begins,
5 divided by the Average Daily Attendance figure for that
6 district, shall be added to the local property tax revenues
7 per pupil as derived by the application of the immediately
8 preceding paragraph (3). The sum of these per pupil figures
9 for each school district shall constitute Available Local
10 Resources as that term is utilized in subsection (E) in the
11 calculation of general State aid.
12 (E) Computation of General State Aid.
13 (1) For each school year, the amount of general State
14 aid allotted to a school district shall be computed by the
15 State Board of Education as provided in this subsection.
16 (2) For any school district for which Available Local
17 Resources per pupil is less than the product of 0.93 times
18 the Foundation Level, general State aid for that district
19 shall be calculated as an amount equal to the Foundation
20 Level minus Available Local Resources, multiplied by the
21 Average Daily Attendance of the school district.
22 (3) For any school district for which Available Local
23 Resources per pupil is equal to or greater than the product
24 of 0.93 times the Foundation Level and less than the product
25 of 1.75 times the Foundation Level, the general State aid per
26 pupil shall be a decimal proportion of the Foundation Level
27 derived using a linear algorithm. Under this linear
28 algorithm, the calculated general State aid per pupil shall
29 decline in direct linear fashion from 0.07 times the
30 Foundation Level for a school district with Available Local
31 Resources equal to the product of 0.93 times the Foundation
32 Level, to 0.05 times the Foundation Level for a school
33 district with Available Local Resources equal to the product
34 of 1.75 times the Foundation Level. The allocation of
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1 general State aid for school districts subject to this
2 paragraph 3 shall be the calculated general State aid per
3 pupil figure multiplied by the Average Daily Attendance of
4 the school district.
5 (4) For any school district for which Available Local
6 Resources per pupil equals or exceeds the product of 1.75
7 times the Foundation Level, the general State aid for the
8 school district shall be calculated as the product of $218
9 multiplied by the Average Daily Attendance of the school
10 district.
11 (F) Compilation of Average Daily Attendance.
12 (1) Each school district shall, by July 1 of each year,
13 submit to the State Board of Education, on forms prescribed
14 by the State Board of Education, attendance figures for the
15 school year that began in the preceding calendar year. The
16 attendance information so transmitted shall identify the
17 average daily attendance figures for each month of the school
18 year, except that any days of attendance in August shall be
19 added to the month of September and any days of attendance in
20 June shall be added to the month of May.
21 Except as otherwise provided in this Section, days of
22 attendance by pupils shall be counted only for sessions of
23 not less than 5 clock hours of school work per day under
24 direct supervision of: (i) teachers, or (ii) non-teaching
25 personnel or volunteer personnel when engaging in
26 non-teaching duties and supervising in those instances
27 specified in subsection (a) of Section 10-22.34 and paragraph
28 10 of Section 34-18, with pupils of legal school age and in
29 kindergarten and grades 1 through 12.
30 Days of attendance by tuition pupils shall be accredited
31 only to the districts that pay the tuition to a recognized
32 school.
33 (2) Days of attendance by pupils of less than 5 clock
34 hours of school shall be subject to the following provisions
-34- LRB9010490THpk
1 in the compilation of Average Daily Attendance.
2 (a) Pupils regularly enrolled in a public school
3 for only a part of the school day may be counted on the
4 basis of 1/6 day for every class hour of instruction of
5 40 minutes or more attended pursuant to such enrollment.
6 (b) Days of attendance may be less than 5 clock
7 hours on the opening and closing of the school term, and
8 upon the first day of pupil attendance, if preceded by a
9 day or days utilized as an institute or teachers'
10 workshop.
11 (c) A session of 4 or more clock hours may be
12 counted as a day of attendance upon certification by the
13 regional superintendent, and approved by the State
14 Superintendent of Education to the extent that the
15 district has been forced to use daily multiple sessions.
16 (d) A session of 3 or more clock hours may be
17 counted as a day of attendance (1) when the remainder of
18 the school day or at least 2 hours in the evening of that
19 day is utilized for an in-service training program for
20 teachers, up to a maximum of 5 days per school year of
21 which a maximum of 4 days of such 5 days may be used for
22 parent-teacher conferences, provided a district conducts
23 an in-service training program for teachers which has
24 been approved by the State Superintendent of Education;
25 or, in lieu of 4 such days, 2 full days may be used, in
26 which event each such day may be counted as a day of
27 attendance; and (2) when days in addition to those
28 provided in item (1) are scheduled by a school pursuant
29 to its school improvement plan adopted under Article 34
30 or its revised or amended school improvement plan adopted
31 under Article 2, provided that (i) such sessions of 3 or
32 more clock hours are scheduled to occur at regular
33 intervals, (ii) the remainder of the school days in which
34 such sessions occur are utilized for in-service training
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1 programs or other staff development activities for
2 teachers, and (iii) a sufficient number of minutes of
3 school work under the direct supervision of teachers are
4 added to the school days between such regularly scheduled
5 sessions to accumulate not less than the number of
6 minutes by which such sessions of 3 or more clock hours
7 fall short of 5 clock hours. Any full days used for the
8 purposes of this paragraph shall not be considered for
9 computing average daily attendance. Days scheduled for
10 in-service training programs, staff development
11 activities, or parent-teacher conferences may be
12 scheduled separately for different grade levels and
13 different attendance centers of the district.
14 (e) A session of not less than one clock hour
15 teaching of hospitalized or homebound pupils on-site or
16 by telephone to the classroom may be counted as 1/2 day
17 of attendance, however these pupils must receive 4 or
18 more clock hours of instruction to be counted for a full
19 day of attendance.
20 (f) A session of at least 4 clock hours may be
21 counted as a day of attendance for first grade pupils,
22 and pupils in full day kindergartens, and a session of 2
23 or more hours may be counted as 1/2 day of attendance by
24 pupils in kindergartens which provide only 1/2 day of
25 attendance.
26 (g) For children with disabilities who are below
27 the age of 6 years and who cannot attend 2 or more clock
28 hours because of their disability or immaturity, a
29 session of not less than one clock hour may be counted as
30 1/2 day of attendance; however for such children whose
31 educational needs so require a session of 4 or more clock
32 hours may be counted as a full day of attendance.
33 (h) A recognized kindergarten which provides for
34 only 1/2 day of attendance by each pupil shall not have
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1 more than 1/2 day of attendance counted in any 1 day.
2 However, kindergartens may count 2 1/2 days of attendance
3 in any 5 consecutive school days. When a pupil attends
4 such a kindergarten for 2 half days on any one school
5 day, the pupil shall have the following day as a day
6 absent from school, unless the school district obtains
7 permission in writing from the State Superintendent of
8 Education. Attendance at kindergartens which provide for
9 a full day of attendance by each pupil shall be counted
10 the same as attendance by first grade pupils. Only the
11 first year of attendance in one kindergarten shall be
12 counted, except in case of children who entered the
13 kindergarten in their fifth year whose educational
14 development requires a second year of kindergarten as
15 determined under the rules and regulations of the State
16 Board of Education.
17 (G) Equalized Assessed Valuation Data.
18 (1) For purposes of the calculation of Available Local
19 Resources required pursuant to subsection (D), the State
20 Board of Education shall secure from the Department of
21 Revenue the value as equalized or assessed by the Department
22 of Revenue of all taxable property of every school district
23 together with the applicable tax rate used in extending taxes
24 for the funds of the district as of September 30 of the
25 previous year.
26 This equalized assessed valuation, as adjusted further by
27 the requirements of this subsection, shall be utilized in the
28 calculation of Available Local Resources.
29 (2) The equalized assessed valuation in paragraph (1)
30 shall be adjusted, as applicable, in the following manner:
31 (a) For the purposes of calculating State aid under
32 this Section, with respect to any part of a school
33 district within a redevelopment project area in respect
34 to which a municipality has adopted tax increment
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1 allocation financing pursuant to the Tax Increment
2 Allocation Redevelopment Act, Sections 11-74.4-1 through
3 11-74.4-11 of the Illinois Municipal Code or the
4 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
5 11-74.6-50 of the Illinois Municipal Code, no part of the
6 current equalized assessed valuation of real property
7 located in any such project area which is attributable to
8 an increase above the total initial equalized assessed
9 valuation of such property shall be used as part of the
10 equalized assessed valuation of the district, until such
11 time as all redevelopment project costs have been paid,
12 as provided in Section 11-74.4-8 of the Tax Increment
13 Allocation Redevelopment Act or in Section 11-74.6-35 of
14 the Industrial Jobs Recovery Law. For the purpose of the
15 equalized assessed valuation of the district, the total
16 initial equalized assessed valuation or the current
17 equalized assessed valuation, whichever is lower, shall
18 be used until such time as all redevelopment project
19 costs have been paid.
20 (b) The real property equalized assessed valuation
21 for a school district shall be adjusted by subtracting
22 from the real property value as equalized or assessed by
23 the Department of Revenue for the district an amount
24 computed by dividing the amount of any abatement of taxes
25 under Section 18-170 of the Property Tax Code by 3.00%
26 for a district maintaining grades kindergarten through 12
27 or by 2.30% for a district maintaining grades
28 kindergarten through 8, or by 1.20% for a district
29 maintaining grades 9 through 12 and adjusted by an amount
30 computed by dividing the amount of any abatement of taxes
31 under subsection (a) of Section 18-165 of the Property
32 Tax Code by the same percentage rates for district type
33 as specified in this subparagraph (c).
34 (H) Supplemental General State Aid.
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1 (1) In addition to the general State aid a school
2 district is allotted pursuant to subsection (E), qualifying
3 school districts shall receive a grant, paid in conjunction
4 with a district's payments of general State aid, for
5 supplemental general State aid based upon the concentration
6 level of children from low-income households within the
7 school district. Supplemental State aid grants provided for
8 school districts under this subsection shall be appropriated
9 for distribution to school districts as part of the same line
10 item in which the general State financial aid of school
11 districts is appropriated under this Section. For purposes of
12 this subsection, the term "Low-Income Concentration Level"
13 shall be the low-income eligible pupil count from the most
14 recently available federal census divided by the Average
15 Daily Attendance of the school district. If, however, the
16 percentage decrease from the 2 most recent federal censuses
17 in the low-income eligible pupil count of a high school
18 district with fewer than 400 students exceeds by 75% or more
19 the percentage change in the total low-income eligible pupil
20 count of contiguous elementary school districts, whose
21 boundaries are coterminous with the high school district, the
22 high-school district's low-income eligible pupil count from
23 the earlier federal census shall be the number used as the
24 low-income eligible pupil count for the high school district,
25 for purposes of this subsection (H).
26 (2) Supplemental general State aid pursuant to this
27 subsection shall be provided as follows:
28 (a) For any school district with a Low Income
29 Concentration Level of at least 20% and less than 35%,
30 the grant for any school year shall be $800 multiplied by
31 the low income eligible pupil count.
32 (b) For any school district with a Low Income
33 Concentration Level of at least 35% and less than 50%,
34 the grant for the 1998-1999 school year shall be $1,100
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1 multiplied by the low income eligible pupil count.
2 (c) For any school district with a Low Income
3 Concentration Level of at least 50% and less than 60%,
4 the grant for the 1998-99 school year shall be $1,500
5 multiplied by the low income eligible pupil count.
6 (d) For any school district with a Low Income
7 Concentration Level of 60% or more, the grant for the
8 1998-99 school year shall be $1,900 multiplied by the low
9 income eligible pupil count.
10 (e) For the 1999-2000 school year, the per pupil
11 amount specified in subparagraphs (b), (c), and (d),
12 immediately above shall be increased by $100 to $1,200,
13 $1,600, and $2,000, respectively.
14 (f) For the 2000-2001 school year, the per pupil
15 amounts specified in subparagraphs (b), (c) and (d)
16 immediately above shall be increased to $1,230, $1,640,
17 and $2,050, respectively.
18 (3) School districts with an Average Daily Attendance of
19 more than 1,000 and less than 50,000 that qualify for
20 supplemental general State aid pursuant to this subsection
21 shall submit a plan to the State Board of Education prior to
22 October 30 of each year for the use of the funds resulting
23 from this grant of supplemental general State aid for the
24 improvement of instruction in which priority is given to
25 meeting the education needs of disadvantaged children. Such
26 plan shall be submitted in accordance with rules and
27 regulations promulgated by the State Board of Education.
28 (4) School districts with an Average Daily Attendance of
29 50,000 or more that qualify for supplemental general State
30 aid pursuant to this subsection shall be required to
31 distribute from funds available pursuant to this Section, no
32 less than $261,000,000 in accordance with the following
33 requirements:
34 (a) The required amounts shall be distributed to
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1 the attendance centers within the district in proportion
2 to the number of pupils enrolled at each attendance
3 center who are eligible to receive free or reduced-price
4 lunches or breakfasts under the federal Child Nutrition
5 Act of 1966 and under the National School Lunch Act
6 during the immediately preceding school year.
7 (b) The distribution of these portions of
8 supplemental and general State aid among attendance
9 centers according to these requirements shall not be
10 compensated for or contravened by adjustments of the
11 total of other funds appropriated to any attendance
12 centers, and the Board of Education shall utilize funding
13 from one or several sources in order to fully implement
14 this provision annually prior to the opening of school.
15 (c) Each attendance center shall be provided by the
16 school district a distribution of noncategorical funds
17 and other categorical funds to which an attendance center
18 is entitled under law in order that the general State aid
19 and supplemental general State aid provided by
20 application of this subsection supplements rather than
21 supplants the noncategorical funds and other categorical
22 funds provided by the school district to the attendance
23 centers.
24 (d) Any funds made available under this subsection
25 that by reason of the provisions of this subsection are
26 not required to be allocated and provided to attendance
27 centers may be used and appropriated by the board of the
28 district for any lawful school purpose.
29 (e) Funds received by an attendance center pursuant
30 to this subsection shall be used by the attendance center
31 at the discretion of the principal and local school
32 council for programs to improve educational opportunities
33 at qualifying schools through the following programs and
34 services: early childhood education, reduced class size
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1 or improved adult to student classroom ratio, enrichment
2 programs, remedial assistance, attendance improvement and
3 other educationally beneficial expenditures which
4 supplement the regular and basic programs as determined
5 by the State Board of Education. Funds provided shall
6 not be expended for any political or lobbying purposes as
7 defined by board rule.
8 (f) Each district subject to the provisions of this
9 subdivision (H)(4) shall submit an acceptable plan to
10 meet the educational needs of disadvantaged children, in
11 compliance with the requirements of this paragraph, to
12 the State Board of Education prior to July 15 of each
13 year. This plan shall be consistent with the decisions of
14 local school councils concerning the school expenditure
15 plans developed in accordance with part 4 of Section
16 34-2.3. The State Board shall approve or reject the plan
17 within 60 days after its submission. If the plan is
18 rejected, the district shall give written notice of
19 intent to modify the plan within 15 days of the
20 notification of rejection and then submit a modified plan
21 within 30 days after the date of the written notice of
22 intent to modify. Districts may amend approved plans
23 pursuant to rules promulgated by the State Board of
24 Education.
25 Upon notification by the State Board of Education
26 that the district has not submitted a plan prior to July
27 15 or a modified plan within the time period specified
28 herein, the State aid funds affected by that plan or
29 modified plan shall be withheld by the State Board of
30 Education until a plan or modified plan is submitted.
31 If the district fails to distribute State aid to
32 attendance centers in accordance with an approved plan,
33 the plan for the following year shall allocate funds, in
34 addition to the funds otherwise required by this
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1 subsection, to those attendance centers which were
2 underfunded during the previous year in amounts equal to
3 such underfunding.
4 For purposes of determining compliance with this
5 subsection in relation to the requirements of attendance
6 center funding, each district subject to the provisions
7 of this subsection shall submit as a separate document by
8 December 1 of each year a report of expenditure data for
9 the prior year in addition to any modification of its
10 current plan. If it is determined that there has been a
11 failure to comply with the expenditure provisions of this
12 subsection regarding contravention or supplanting, the
13 State Superintendent of Education shall, within 60 days
14 of receipt of the report, notify the district and any
15 affected local school council. The district shall within
16 45 days of receipt of that notification inform the State
17 Superintendent of Education of the remedial or corrective
18 action to be taken, whether by amendment of the current
19 plan, if feasible, or by adjustment in the plan for the
20 following year. Failure to provide the expenditure
21 report or the notification of remedial or corrective
22 action in a timely manner shall result in a withholding
23 of the affected funds.
24 The State Board of Education shall promulgate rules
25 and regulations to implement the provisions of this
26 subsection. No funds shall be released under this
27 subdivision (H)(4) to any district that has not submitted
28 a plan that has been approved by the State Board of
29 Education.
30 (I) General State Aid for Newly Configured School Districts.
31 (1) For a new school district formed by combining
32 property included totally within 2 or more previously
33 existing school districts, for its first year of existence
34 the general State aid and supplemental general State aid
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1 calculated under this Section shall be computed for the new
2 district and for the previously existing districts for which
3 property is totally included within the new district. If the
4 computation on the basis of the previously existing districts
5 is greater, a supplementary payment equal to the difference
6 shall be made for the first 4 years of existence of the new
7 district.
8 (2) For a school district which annexes all of the
9 territory of one or more entire other school districts, for
10 the first year during which the change of boundaries
11 attributable to such annexation becomes effective for all
12 purposes as determined under Section 7-9 or 7A-8, the general
13 State aid and supplemental general State aid calculated under
14 this Section shall be computed for the annexing district as
15 constituted after the annexation and for the annexing and
16 each annexed district as constituted prior to the annexation;
17 and if the computation on the basis of the annexing and
18 annexed districts as constituted prior to the annexation is
19 greater, a supplementary payment equal to the difference
20 shall be made for the first 4 years of existence of the
21 annexing school district as constituted upon such annexation.
22 (3) For 2 or more school districts which annex all of
23 the territory of one or more entire other school districts,
24 and for 2 or more community unit districts which result upon
25 the division (pursuant to petition under Section 11A-2) of
26 one or more other unit school districts into 2 or more parts
27 and which together include all of the parts into which such
28 other unit school district or districts are so divided, for
29 the first year during which the change of boundaries
30 attributable to such annexation or division becomes effective
31 for all purposes as determined under Section 7-9 or 11A-10,
32 as the case may be, the general State aid and supplemental
33 general State aid calculated under this Section shall be
34 computed for each annexing or resulting district as
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1 constituted after the annexation or division and for each
2 annexing and annexed district, or for each resulting and
3 divided district, as constituted prior to the annexation or
4 division; and if the aggregate of the general State aid and
5 supplemental general State aid as so computed for the
6 annexing or resulting districts as constituted after the
7 annexation or division is less than the aggregate of the
8 general State aid and supplemental general State aid as so
9 computed for the annexing and annexed districts, or for the
10 resulting and divided districts, as constituted prior to the
11 annexation or division, then a supplementary payment equal to
12 the difference shall be made and allocated between or among
13 the annexing or resulting districts, as constituted upon such
14 annexation or division, for the first 4 years of their
15 existence. The total difference payment shall be allocated
16 between or among the annexing or resulting districts in the
17 same ratio as the pupil enrollment from that portion of the
18 annexed or divided district or districts which is annexed to
19 or included in each such annexing or resulting district bears
20 to the total pupil enrollment from the entire annexed or
21 divided district or districts, as such pupil enrollment is
22 determined for the school year last ending prior to the date
23 when the change of boundaries attributable to the annexation
24 or division becomes effective for all purposes. The amount
25 of the total difference payment and the amount thereof to be
26 allocated to the annexing or resulting districts shall be
27 computed by the State Board of Education on the basis of
28 pupil enrollment and other data which shall be certified to
29 the State Board of Education, on forms which it shall provide
30 for that purpose, by the regional superintendent of schools
31 for each educational service region in which the annexing and
32 annexed districts, or resulting and divided districts are
33 located.
34 (4) Any supplementary payment made under this subsection
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1 (I) shall be treated as separate from all other payments made
2 pursuant to this Section.
3 (J) Supplementary Grants in Aid.
4 (1) Notwithstanding any other provisions of this
5 Section, the amount of the aggregate general State aid in
6 combination with supplemental general State aid under this
7 Section for which each school district is eligible for the
8 1998-1999 school year shall be no less than the amount of the
9 aggregate general State aid entitlement that was received by
10 the district under Section 18-8 (exclusive of amounts
11 received under subsections 5(p) and 5(p-5) of that Section)
12 for the 1997-98 school year, pursuant to the provisions of
13 that Section as it was then in effect. If a school district
14 qualifies to receive a supplementary payment made under this
15 subsection (J) for the 1998-1999 school year, the amount of
16 the aggregate general State aid in combination with
17 supplemental general State aid under this Section which that
18 district is eligible to receive for each school year
19 subsequent to the 1998-1999 school year shall be no less than
20 the amount of the aggregate general State aid entitlement
21 that was received by the district under Section 18-8
22 (exclusive of amounts received under subsections 5(p) and
23 5(p-5) of that Section) for the 1997-1998 school year,
24 pursuant to the provisions of that Section as it was then in
25 effect.
26 (2) If, as provided in paragraph (1) of this subsection
27 (J), a school district is to receive aggregate general State
28 aid in combination with supplemental general State aid under
29 this Section for the 1998-99 school year, or for the 1998-99
30 school year and any subsequent school year, that in any such
31 school year is less than the amount of the aggregate general
32 State aid entitlement that the district received for the
33 1997-98 school year, the school district shall also receive,
34 from a separate appropriation made for purposes of this
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1 subsection (J), a supplementary payment that is equal to the
2 amount of the difference in the aggregate State aid figures
3 as described in paragraph (1).
4 (3) If the amount appropriated for supplementary
5 payments to school districts under this subsection (J) is
6 insufficient for that purpose, the supplementary payments
7 that districts are to receive under this subsection shall be
8 prorated according to the aggregate amount of the
9 appropriation made for purposes of this subsection.
10 (K) Grants to Laboratory and Alternative Schools.
11 In calculating the amount to be paid to the governing
12 board of a public university that operates a laboratory
13 school under this Section or to any alternative school that
14 is operated by a regional superintendent, the State Board of
15 Education shall require by rule such reporting requirements
16 as it deems necessary.
17 As used in this Section, "laboratory school" means a
18 public school which is created and operated by a public
19 university and approved by the State Board of Education. The
20 governing board of a public university which receives funds
21 from the State Board under this subsection (K) may not
22 increase the number of students enrolled in its laboratory
23 school from a single district, if that district is already
24 sending 50 or more students, except under a mutual agreement
25 between the school board of a student's district of residence
26 and the university which operates the laboratory school. A
27 laboratory school may not have more than 1,000 students,
28 excluding students with disabilities in a special education
29 program.
30 As used in this Section, "alternative school" means a
31 public school which is created and operated by a Regional
32 Superintendent of Schools and approved by the State Board of
33 Education. Such alternative schools may offer courses of
34 instruction for which credit is given in regular school
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1 programs, courses to prepare students for the high school
2 equivalency testing program or vocational and occupational
3 training.
4 Each laboratory and alternative school shall file, on
5 forms provided by the State Superintendent of Education, an
6 annual State aid claim which states the Average Daily
7 Attendance of the school's students by month. The best 3
8 months' Average Daily Attendance shall be computed for each
9 school. The general State aid entitlement shall be computed
10 by multiplying the applicable Average Daily Attendance by the
11 Foundation Level as determined under this Section.
12 (L) Payments, Additional Grants in Aid and Other
13 Requirements.
14 (1) For a school district operating under the financial
15 supervision of an Authority created under Article 34A, the
16 general State aid otherwise payable to that district under
17 this Section, but not the supplemental general State aid,
18 shall be reduced by an amount equal to the budget for the
19 operations of the Authority as certified by the Authority to
20 the State Board of Education, and an amount equal to such
21 reduction shall be paid to the Authority created for such
22 district for its operating expenses in the manner provided in
23 Section 18-11. The remainder of general State school aid for
24 any such district shall be paid in accordance with Article
25 34A when that Article provides for a disposition other than
26 that provided by this Article.
27 (2) Impaction. Impaction payments shall be made as
28 provided for in Section 18-4.2.
29 (3) Summer school. Summer school payments shall be made
30 as provided in Section 18-4.3.
31 (M) Education Funding Advisory Board.
32 The Education Funding Advisory Board, hereinafter in this
33 subsection (M) referred to as the "Board", is hereby created.
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1 The Board shall consist of 5 members who are appointed by the
2 Governor, by and with the advice and consent of the Senate.
3 The members appointed shall include representatives of
4 education, business, and the general public. One of the
5 members so appointed shall be designated by the Governor at
6 the time the appointment is made as the chairperson of the
7 Board. The initial members of the Board may be appointed any
8 time after the effective date of this amendatory Act of 1997.
9 The regular term of each member of the Board shall be for 4
10 years from the third Monday of January of the year in which
11 the term of the member's appointment is to commence, except
12 that of the 5 initial members appointed to serve on the
13 Board, the member who is appointed as the chairperson shall
14 serve for a term that commences on the date of his or her
15 appointment and expires on the third Monday of January, 2002,
16 and the remaining 4 members, by lots drawn at the first
17 meeting of the Board that is held after all 5 members are
18 appointed, shall determine 2 of their number to serve for
19 terms that commence on the date of their respective
20 appointments and expire on the third Monday of January, 2001,
21 and 2 of their number to serve for terms that commence on the
22 date of their respective appointments and expire on the third
23 Monday of January, 2000. All members appointed to serve on
24 the Board shall serve until their respective successors are
25 appointed and confirmed. Vacancies shall be filled in the
26 same manner as original appointments. If a vacancy in
27 membership occurs at a time when the Senate is not in
28 session, the Governor shall make a temporary appointment
29 until the next meeting of the Senate, when he or she shall
30 appoint, by and with the advice and consent of the Senate, a
31 person to fill that membership for the unexpired term. If
32 the Senate is not in session when the initial appointments
33 are made, those appointments shall be made as in the case of
34 vacancies.
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1 The Education Funding Advisory Board shall be deemed
2 established, and the initial members appointed by the
3 Governor to serve as members of the Board shall take office,
4 on the date that the Governor makes his or her appointment of
5 the fifth initial member of the Board, whether those initial
6 members are then serving pursuant to appointment and
7 confirmation or pursuant to temporary appointments that are
8 made by the Governor as in the case of vacancies.
9 The State Board of Education shall provide such staff
10 assistance to the Education Funding Advisory Board as is
11 reasonably required for the proper performance by the Board
12 of its responsibilities.
13 For school years after the 2000-2001 school year, the
14 Education Funding Advisory Board, in consultation with the
15 State Board of Education, shall make recommendations as
16 provided in this subsection (M) to the General Assembly for
17 the foundation level under subdivision (B)(3) of this Section
18 and for the supplemental general State aid grant level under
19 subsection (H) of this Section for districts with high
20 concentrations of children from poverty. The recommended
21 foundation level shall be determined based on a methodology
22 which incorporates the basic education expenditures of
23 low-spending schools exhibiting high academic performance.
24 The Education Funding Advisory Board shall make such
25 recommendations to the General Assembly on January 1 of odd
26 numbered years, beginning January 1, 2001.
27 (N) General State Aid Adjustment Grant.
28 (1) Any school district subject to property tax
29 extension limitations as imposed under the provisions of the
30 Property Tax Extension Limitation Law shall be entitled to
31 receive, subject to the qualifications and requirements of
32 this subsection, a general State aid adjustment grant.
33 Eligibility for this grant shall be determined on an annual
34 basis and claims for grant payments shall be paid subject to
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1 appropriations made specific to this subsection. For
2 purposes of this subsection the following terms shall have
3 the following meanings:
4 "Budget Year": The school year for which general State
5 aid is calculated and awarded under subsection (E).
6 "Current Year": The school year immediately preceding
7 the Budget Year.
8 "Base Tax Year": The property tax levy year used to
9 calculate the Budget Year allocation of general State aid.
10 "Preceding Tax Year": The property tax levy year
11 immediately preceding the Base Tax Year.
12 "Extension Limitation Ratio": A numerical ratio,
13 certified by a school district's County Clerk, in which the
14 numerator is the Base Tax Year's tax extension amount
15 resulting from the Operating Tax Rate and the denominator is
16 the Preceding Tax Year's tax extension amount resulting from
17 the Operating Tax Rate.
18 "Operating Tax Rate": The operating tax rate as defined
19 in subsection (A).
20 (2) To qualify for a general State aid adjustment grant,
21 a school district must meet all of the following eligibility
22 criteria for each Budget Year for which a grant is claimed:
23 (a) The Operating Tax Rate of the school district
24 in the Preceding Tax Year was at least 3.00% in the case
25 of a school district maintaining grades kindergarten
26 through 12, at least 2.30% in the case of a school
27 district maintaining grades kindergarten through 8, or at
28 least 1.41% in the case of a school district maintaining
29 grades 9 through 12.
30 (b) The Operating Tax Rate of the school district
31 for the Base Tax Year was reduced by the Clerk of the
32 County as a result of the requirements of the Property
33 Tax Extension Limitation Law.
34 (c) The Available Local Resources per pupil of the
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1 school district as calculated pursuant to subsection (D)
2 using the Base Tax Year are less than the product of 1.75
3 times the Foundation Level for the Budget Year.
4 (d) The school district has filed a proper and
5 timely claim for a general State aid adjustment grant as
6 required under this subsection.
7 (3) A claim for grant assistance under this subsection
8 shall be filed with the State Board of Education on or before
9 January 1 of the Current Year for a grant for the Budget
10 Year. The claim shall be made on forms prescribed by the
11 State Board of Education and must be accompanied by a written
12 statement from the Clerk of the County, certifying:
13 (a) That the school district has its extension for
14 the Base Tax Year reduced as a result of the Property Tax
15 Extension Limitation Law.
16 (b) That the Operating Tax Rate of the school
17 district for the Preceding Tax Year met the tax rate
18 requirements of subdivision (N)(2) of this Section.
19 (c) The Extension Limitation Ratio as that term is
20 defined in this subsection.
21 (4) On or before August 1 of the Budget Year the State
22 Board of Education shall calculate, for all school districts
23 meeting the other requirements of this subsection, the amount
24 of the general State aid adjustment grant, if any, that the
25 school districts are eligible to receive in the Budget Year.
26 The amount of the general State aid adjustment grant shall be
27 calculated as follows:
28 (a) Determine the school district's general State
29 aid grant for the Budget Year as provided in accordance
30 with the provisions of subsection (E).
31 (b) Determine the school district's adjusted level
32 of general State aid by utilizing in the calculation of
33 Available Local Resources an equalized assessed valuation
34 that is the equalized assessed valuation of the Preceding
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1 Tax Year multiplied by the Extension Limitation Ratio.
2 (c) Subtract the sum derived in subparagraph (a)
3 from the sum derived in subparagraph (b). If the result
4 is a positive number, that amount shall be the general
5 State aid adjustment grant that the district is eligible
6 to receive.
7 (5) The State Board of Education shall in the Current
8 Year, based upon claims filed in the Current Year, recommend
9 to the General Assembly an appropriation amount for the
10 general State aid adjustment grants to be made in the Budget
11 Year.
12 (6) Claims for general State aid adjustment grants shall
13 be paid in a lump sum on or before January 1 of the Budget
14 Year only from appropriations made by the General Assembly
15 expressly for claims under this subsection. No such claims
16 may be paid from amounts appropriated for any other purpose
17 provided for under this Section. In the event that the
18 appropriation for claims under this subsection is
19 insufficient to meet all Budget Year claims for a general
20 State aid adjustment grant, the appropriation available shall
21 be proportionately prorated by the State Board of Education
22 amongst all districts filing for and entitled to payments.
23 (7) The State Board of Education shall promulgate the
24 required claim forms and rules necessary to implement the
25 provisions of this subsection.
26 (O) References.
27 (1) References in other laws to the various subdivisions
28 of Section 18-8 as that Section existed before its repeal and
29 replacement by this Section 18-8.05 shall be deemed to refer
30 to the corresponding provisions of this Section 18-8.05, to
31 the extent that those references remain applicable.
32 (2) References in other laws to State Chapter 1 funds
33 shall be deemed to refer to the supplemental general State
34 aid provided under subsection (H) of this Section.
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1 (Source: P.A. 90-548, eff. 7-1-98.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law, except that the changes to Section 18-8.05 of
4 the School Code take effect July 1, 1998.