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90_SB0560ham003
LRB9005472NTmbam01
1 AMENDMENT TO SENATE BILL 560
2 AMENDMENT NO. . Amend Senate Bill 560 by replacing
3 the title with the following:
4 "AN ACT to amend the School Code by changing Sections
5 18-8 and 18-8.05."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The School Code is amended by changing
9 Sections 18-8 and 18-8.05 as follows:
10 (105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
11 (Section scheduled to be repealed on July 1, 1998)
12 Sec. 18-8. Basis for apportionment to districts,
13 laboratory schools and alternative schools.
14 A. The amounts to be apportioned for school years prior
15 to the 1998-1999 school year shall be determined for each
16 educational service region by school districts, as follows:
17 1. General Provisions.
18 (a) In the computation of the amounts to be apportioned,
19 the average daily attendance of all pupils in grades 9
20 through 12 shall be multiplied by 1.25. The average daily
21 attendance of all pupils in grades 7 and 8 shall be
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1 multiplied by 1.05.
2 (b) The actual number of pupils in average daily
3 attendance shall be computed in a one-teacher school district
4 by dividing the total aggregate days of pupil attendance by
5 the actual number of days school is in session but not more
6 than 30 such pupils shall be accredited for such type of
7 district; and in districts of 2 or more teachers, or in
8 districts where records of attendance are kept by session
9 teachers, by taking the sum of the respective averages of the
10 units composing the group.
11 (c) Pupils in average daily attendance shall be computed
12 upon the average of the best 3 months of pupils attendance of
13 the current school year except as district claims may be
14 later amended as provided hereinafter in this Section.
15 However, for any school district maintaining grades
16 kindergarten through 12, the "average daily attendance" shall
17 be computed on the average of the best 3 months of pupils
18 attendance of the current year in grades kindergarten through
19 8, added together with the average of the best 3 months of
20 pupils attendance of the current year in grades 9 through 12,
21 except as district claims may be later amended as provided in
22 this Section. Days of attendance shall be kept by regular
23 calendar months, except any days of attendance in August
24 shall be added to the month of September and any days of
25 attendance in June shall be added to the month of May.
26 Except as otherwise provided in this Section, days of
27 attendance by pupils shall be counted only for sessions of
28 not less than 5 clock hours of school work per day under
29 direct supervision of: (i) teachers, or (ii) non-teaching
30 personnel or volunteer personnel when engaging in
31 non-teaching duties and supervising in those instances
32 specified in subsection (a) of Section 10-22.34 and paragraph
33 10 of Section 34-18, with pupils of legal school age and in
34 kindergarten and grades 1 through 12.
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1 (d) Pupils regularly enrolled in a public school for
2 only a part of the school day may be counted on the basis of
3 1/6 day for every class hour of instruction of 40 minutes or
4 more attended pursuant to such enrollment.
5 (e) Days of attendance may be less than 5 clock hours on
6 the opening and closing of the school term, and upon the
7 first day of pupil attendance, if preceded by a day or days
8 utilized as an institute or teachers' workshop.
9 (f) A session of 4 or more clock hours may be counted as
10 a day of attendance upon certification by the regional
11 superintendent, and approved by the State Superintendent of
12 Education to the extent that the district has been forced to
13 use daily multiple sessions.
14 (g) A session of 3 or more clock hours may be counted as
15 a day of attendance (1) when the remainder of the school day
16 or at least 2 hours in the evening of that day is utilized
17 for an in-service training program for teachers, up to a
18 maximum of 5 days per school year of which a maximum of 4
19 days of such 5 days may be used for parent-teacher
20 conferences, provided a district conducts an in-service
21 training program for teachers which has been approved by the
22 State Superintendent of Education; or, in lieu of 4 such
23 days, 2 full days may be used, in which event each such day
24 may be counted as a day of attendance; and (2) when days in
25 addition to those provided in item (1) are scheduled by a
26 school pursuant to its school improvement plan adopted under
27 Article 34 or its revised or amended school improvement plan
28 adopted under Article 2, provided that (i) such sessions of 3
29 or more clock hours are scheduled to occur at regular
30 intervals, (ii) the remainder of the school days in which
31 such sessions occur are utilized for in-service training
32 programs or other staff development activities for teachers,
33 and (iii) a sufficient number of minutes of school work under
34 the direct supervision of teachers are added to the school
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1 days between such regularly scheduled sessions to accumulate
2 not less than the number of minutes by which such sessions of
3 3 or more clock hours fall short of 5 clock hours. Any full
4 days used for the purposes of this paragraph shall not be
5 considered for computing average daily attendance. Days
6 scheduled for in-service training programs, staff development
7 activities, or parent-teacher conferences may be scheduled
8 separately for different grade levels and different
9 attendance centers of the district.
10 (h) A session of not less than one clock hour teaching
11 of hospitalized or homebound pupils on-site or by telephone
12 to the classroom may be counted as 1/2 day of attendance,
13 however these pupils must receive 4 or more clock hours of
14 instruction to be counted for a full day of attendance.
15 (i) A session of at least 4 clock hours may be counted
16 as a day of attendance for first grade pupils, and pupils in
17 full day kindergartens, and a session of 2 or more hours may
18 be counted as 1/2 day of attendance by pupils in
19 kindergartens which provide only 1/2 day of attendance.
20 (j) For children with disabilities who are below the age
21 of 6 years and who cannot attend two or more clock hours
22 because of their disability or immaturity, a session of not
23 less than one clock hour may be counted as 1/2 day of
24 attendance; however for such children whose educational needs
25 so require a session of 4 or more clock hours may be counted
26 as a full day of attendance.
27 (k) A recognized kindergarten which provides for only
28 1/2 day of attendance by each pupil shall not have more than
29 1/2 day of attendance counted in any 1 day. However,
30 kindergartens may count 2 1/2 days of attendance in any 5
31 consecutive school days. Where a pupil attends such a
32 kindergarten for 2 half days on any one school day, such
33 pupil shall have the following day as a day absent from
34 school, unless the school district obtains permission in
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1 writing from the State Superintendent of Education.
2 Attendance at kindergartens which provide for a full day of
3 attendance by each pupil shall be counted the same as
4 attendance by first grade pupils. Only the first year of
5 attendance in one kindergarten shall be counted except in
6 case of children who entered the kindergarten in their fifth
7 year whose educational development requires a second year of
8 kindergarten as determined under the rules and regulations of
9 the State Board of Education.
10 (l) Days of attendance by tuition pupils shall be
11 accredited only to the districts that pay the tuition to a
12 recognized school.
13 (m) The greater of the immediately preceding year's
14 weighted average daily attendance or the average of the
15 weighted average daily attendance of the immediately
16 preceding year and the previous 2 years shall be used.
17 For any school year beginning July 1, 1986 or thereafter,
18 if the weighted average daily attendance in either grades
19 kindergarten through 8 or grades 9 through 12 of a district
20 as computed for the first calendar month of the current
21 school year exceeds by more than 5%, but not less than 25
22 pupils, the district's weighted average daily attendance for
23 the first calendar month of the immediately preceding year
24 in, respectively, grades kindergarten through 8 or grades 9
25 through 12, a supplementary payment shall be made to the
26 district equal to the difference in the amount of aid the
27 district would be paid under this Section using the weighted
28 average daily attendance in the district as computed for the
29 first calendar month of the current school year and the
30 amount of aid the district would be paid using the weighted
31 average daily attendance in the district for the first
32 calendar month of the immediately preceding year. Such
33 supplementary State aid payment shall be paid to the district
34 as provided in Section 18-8.4 and shall be treated as
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1 separate from all other payments made pursuant to this
2 Section 18-8.
3 (n) The number of low income eligible pupils in a
4 district shall result in an increase in the weighted average
5 daily attendance calculated as follows: The number of low
6 income pupils shall increase the weighted ADA by .53 for each
7 student adjusted by dividing the percent of low income
8 eligible pupils in the district by the ratio of eligible low
9 income pupils in the State to the best 3 months' weighted
10 average daily attendance in the State. In no case may the
11 adjustment under this paragraph result in a greater weighting
12 than .625 for each eligible low income student. The number
13 of low income eligible pupils in a district shall be the
14 low-income eligible count from the most recently available
15 federal census and the weighted average daily attendance
16 shall be calculated in accordance with the other provisions
17 of this paragraph.
18 (o) Any school district which fails for any given school
19 year to maintain school as required by law, or to maintain a
20 recognized school is not eligible to file for such school
21 year any claim upon the common school fund. In case of
22 nonrecognition of one or more attendance centers in a school
23 district otherwise operating recognized schools, the claim of
24 the district shall be reduced in the proportion which the
25 average daily attendance in the attendance center or centers
26 bear to the average daily attendance in the school district.
27 A "recognized school" means any public school which meets the
28 standards as established for recognition by the State Board
29 of Education. A school district or attendance center not
30 having recognition status at the end of a school term is
31 entitled to receive State aid payments due upon a legal claim
32 which was filed while it was recognized.
33 (p) School district claims filed under this Section are
34 subject to Sections 18-9, 18-10 and 18-12, except as herein
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1 otherwise provided.
2 (q) The State Board of Education shall secure from the
3 Department of Revenue the value as equalized or assessed by
4 the Department of Revenue of all taxable property of every
5 school district together with the applicable tax rate used in
6 extending taxes for the funds of the district as of September
7 30 of the previous year. The Department of Revenue shall add
8 to the equalized assessed value of all taxable property of
9 each school district situated entirely or partially within a
10 county with 2,000,000 or more inhabitants an amount equal to
11 the total amount by which the homestead exemptions allowed
12 under Sections 15-170 and 15-175 of the Property Tax Code for
13 real property situated in that school district exceeds the
14 total amount that would have been allowed in that school
15 district as homestead exemptions under those Sections if the
16 maximum reduction under Section 15-170 of the Property Tax
17 Code was $2,000 and the maximum reduction under Section
18 15-175 of the Property Tax Code was $3,500. The county clerk
19 of any county with 2,000,000 or more inhabitants shall
20 annually calculate and certify to the Department for each
21 school district all homestead exemption amounts required by
22 this amendatory Act of 1992. In a new district which has not
23 had any tax rates yet determined for extension of taxes, a
24 leveled uniform rate shall be computed from the latest amount
25 of the fund taxes extended on the several areas within such
26 new district.
27 (r) If a school district operates a full year school
28 under Section 10-19.1, the general state aid to the school
29 district shall be determined by the State Board of Education
30 in accordance with this Section as near as may be applicable.
31 2. New or recomputed claim. The general State aid
32 entitlement for a newly created school district or a district
33 which has annexed an entire school district shall be computed
34 using attendance, compensatory pupil counts, equalized
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1 assessed valuation, and tax rate data which would have been
2 used had the district been in existence for 3 years. General
3 State aid entitlements shall not be recomputed except as
4 permitted herein.
5 3. Impaction. Impaction payments shall be made as
6 provided for in Section 18-4.2.
7 4. Summer school. Summer school payments shall be made
8 as provided in Section 18-4.3.
9 5. Computation of State aid. The State grant shall be
10 determined as follows:
11 (a) The State shall guarantee the amount of money that a
12 district's operating tax rate as limited in other Sections of
13 this Act would produce if every district maintaining grades
14 kindergarten through 12 had an equalized assessed valuation
15 equal to $74,791 per weighted ADA pupil; every district
16 maintaining grades kindergarten through 8 had an equalized
17 assessed valuation of $108,644 per weighted ADA pupil; and
18 every district maintaining grades 9 through 12 had an
19 equalized assessed valuation of $187,657 per weighted ADA
20 pupil. The State Board of Education shall adjust the
21 equalized assessed valuation amounts stated in this
22 paragraph, if necessary, to conform to the amount of the
23 appropriation approved for any fiscal year.
24 (b) The operating tax rate to be used shall consist of
25 all district taxes extended for all purposes except community
26 college educational purposes for the payment of tuition under
27 Section 6-1 of the Public Community College Act, Bond and
28 Interest, Summer School, Rent, Capital Improvement and
29 Vocational Education Building. Any district may elect to
30 exclude Transportation from the calculation of its operating
31 tax rate. Districts may include taxes extended for the
32 payment of principal and interest on bonds issued under the
33 provisions of Sections 17-2.11a and 20-2 at a rate of .05%
34 per year for each purpose or the actual rate extended,
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1 whichever is less.
2 (c) For calculation of aid under this Act a district
3 shall use the combined authorized tax rates of all funds not
4 exempt in (b) above, not to exceed 2.76% of the value of all
5 its taxable property as equalized or assessed by the
6 Department of Revenue for districts maintaining grades
7 kindergarten through 12; 1.90% of the value of all its
8 taxable property as equalized or assessed by the Department
9 of Revenue for districts maintaining grades kindergarten
10 through 8 only; 1.10% of the value of all its taxable
11 property as equalized or assessed by the Department of
12 Revenue for districts maintaining grades 9 through 12 only.
13 A district may, however, as provided in Article 17, increase
14 its operating tax rate above the maximum rate provided in
15 this subsection without affecting the amount of State aid to
16 which it is entitled under this Act.
17 (d) (1) For districts maintaining grades kindergarten
18 through 12 with an operating tax rate as described in
19 subsections 5(b) and (c) of less than 2.18%, and districts
20 maintaining grades kindergarten through 8 with an operating
21 tax rate of less than 1.28%, State aid shall be computed by
22 multiplying the difference between the guaranteed equalized
23 assessed valuation per weighted ADA pupil in subsection 5(a)
24 and the equalized assessed valuation per weighted ADA pupil
25 in the district by the operating tax rate, multiplied by the
26 weighted average daily attendance of the district; provided,
27 however, that for the 1989-1990 school year only, a school
28 district maintaining grades kindergarten through 8 whose
29 operating tax rate with reference to which its general State
30 aid for the 1989-1990 school year is determined is less than
31 1.28% and more than 1.090%, and which had an operating tax
32 rate of 1.28% or more for the previous year, shall have its
33 general State aid computed according to the provisions of
34 subsection 5(d)(2).
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1 (2) For districts maintaining grades kindergarten
2 through 12 with an operating tax rate as described in
3 subsection 5(b) and (c) of 2.18% and above, the State aid
4 shall be computed as provided in subsection (d) (1) but as
5 though the district had an operating tax rate of 2.76%; in
6 K-8 districts with an operating tax rate of 1.28% and above,
7 the State aid shall be computed as provided in subsection (d)
8 (1) but as though the district had an operating tax rate of
9 1.90%; and in 9-12 districts, the State aid shall be computed
10 by multiplying the difference between the guaranteed
11 equalized assessed valuation per weighted average daily
12 attendance pupil in subsection 5(a) and the equalized
13 assessed valuation per weighted average daily attendance
14 pupil in the district by the operating tax rate, not to
15 exceed 1.10%, multiplied by the weighted average daily
16 attendance of the district. State aid computed under the
17 provisions of this subsection (d) (2) shall be treated as
18 separate from all other payments made pursuant to this
19 Section. The State Comptroller and State Treasurer shall
20 transfer from the General Revenue Fund to the Common School
21 Fund the amounts necessary to permit these claims to be paid
22 in equal installments along with other State aid payments
23 remaining to be made for the 1983-1984 school year under this
24 Section.
25 (3) For any school district whose 1995 equalized
26 assessed valuation is at least 6% less than its 1994
27 equalized assessed valuation as the result of a reduction in
28 the equalized assessed valuation of the taxable property
29 within such district of any one taxpayer whose taxable
30 property within the district has a 1994 equalized assessed
31 valuation constituting at least 20% of the 1994 equalized
32 assessed valuation of all taxable property within the
33 district, the 1996-97 State aid of such district shall be
34 computed using its 1995 equalized assessed valuation.
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1 (4) For any school district whose 1988 equalized
2 assessed valuation is 55% or less of its 1981 equalized
3 assessed valuation, the 1990-91 State aid of such district
4 shall be computed by multiplying the 1988 equalized assessed
5 valuation by a factor of .8. Any such school district which
6 is reorganized effective for the 1991-92 school year shall
7 use the formula provided in this subparagraph for purposes of
8 the calculation made pursuant to subsection (m) of this
9 Section.
10 (e) The amount of State aid shall be computed under the
11 provisions of subsections 5(a) through 5(d) provided the
12 equalized assessed valuation per weighted ADA pupil is less
13 than .87 of the amounts in subsection 5(a). If the equalized
14 assessed valuation per weighted ADA pupil is equal to or
15 greater than .87 of the amounts in subsection 5(a), the State
16 aid shall be computed under the provisions of subsection
17 5(f).
18 (f) If the equalized assessed valuation per weighted ADA
19 pupil is equal to or greater than .87 of the amounts in
20 subsection 5(a), the State aid per weighted ADA pupil shall
21 be computed by multiplying the product of .13 times the
22 maximum per pupil amount computed under the provisions of
23 subsections 5(a) through 5(d) by an amount equal to the
24 quotient of .87 times the equalized assessed valuation per
25 weighted ADA pupil in subsection 5(a) for that type of
26 district divided by the district equalized valuation per
27 weighted ADA pupil except in no case shall the district
28 receive State aid per weighted ADA pupil of less than .07
29 times the maximum per pupil amount computed under the
30 provisions of subsections 5(a) through 5(d).
31 (g) In addition to the above grants, summer school
32 grants shall be made based upon the calculation as provided
33 in subsection 4 of this Section.
34 (h) The board of any district receiving any of the
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1 grants provided for in this Section may apply those funds to
2 any fund so received for which that board is authorized to
3 make expenditures by law.
4 (i) (1) (a) In school districts with an average daily
5 attendance of 50,000 or more, the amount which is provided
6 under subsection 1(n) of this Section by the application of a
7 base Chapter 1 weighting factor of .375 shall be distributed
8 to the attendance centers within the district in proportion
9 to the number of pupils enrolled at each attendance center
10 who are eligible to receive free or reduced-price lunches or
11 breakfasts under the federal Child Nutrition Act of 1966 and
12 under the National School Lunch Act during the immediately
13 preceding school year. The amount of State aid provided
14 under subsection 1(n) of this Section by the application of
15 the Chapter 1 weighting factor in excess of .375 shall be
16 distributed to the attendance centers within the district in
17 proportion to the total enrollment at each attendance center.
18 Beginning with school year 1989-90, and each school year
19 thereafter, all funds provided under subsection 1 (n) of this
20 Section by the application of the Chapter 1 weighting factor
21 which are in excess of the level of non-targeted Chapter 1
22 funds in school year 1988-89 shall be distributed to
23 attendance centers, and only to attendance centers, within
24 the district in proportion to the number of pupils enrolled
25 at each attendance center who are eligible to receive free or
26 reduced price lunches or breakfasts under the Federal Child
27 Nutrition Act and under the National School Lunch Act during
28 the immediately preceding school year. Beginning in school
29 year 1989-90, 25% of the previously non-targeted Chapter 1
30 funds as established for school year 1988-89 shall also be
31 distributed to the attendance centers, and only to attendance
32 centers, in the district in proportion to the number of
33 pupils enrolled at each attendance center who are eligible to
34 receive free or reduced price lunches or breakfasts under the
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1 Federal Child Nutrition Act and under the National School
2 Lunch Act during the immediately preceding school year; in
3 school year 1990-91, 50% of the previously non-targeted
4 Chapter 1 funds as established for school year 1988-89 shall
5 be distributed to attendance centers, and only to attendance
6 centers, in the district in proportion to the number of
7 pupils enrolled at each attendance center who are eligible to
8 receive such free or reduced price lunches or breakfasts
9 during the immediately preceding school year; in school year
10 1991-92, 75% of the previously non-targeted Chapter 1 funds
11 as established for school year 1988-89 shall be distributed
12 to attendance centers, and only to attendance centers, in the
13 district in proportion to the number of pupils enrolled at
14 each attendance center who are eligible to receive such free
15 or reduced price lunches or breakfasts during the immediately
16 preceding school year; in school year 1992-93 and thereafter,
17 all funds provided under subsection 1 (n) of this Section by
18 the application of the Chapter 1 weighting factor shall be
19 distributed to attendance centers, and only to attendance
20 centers, in the district in proportion to the number of
21 pupils enrolled at each attendance center who are eligible to
22 receive free or reduced price lunches or breakfasts under the
23 Federal Child Nutrition Act and under the National School
24 Lunch Act during the immediately preceding school year;
25 provided, however, that the distribution formula in effect
26 beginning with school year 1989-90 shall not be applicable to
27 such portion of State aid provided under subsection 1 (n) of
28 this Section by the application of the Chapter 1 weighting
29 formula as is set aside and appropriated by the school
30 district for the purpose of providing desegregation programs
31 and related transportation to students (which portion shall
32 not exceed 5% of the total amount of State aid which is
33 provided under subsection 1 (n) of this Section by
34 application of the Chapter 1 weighting formula), and the
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1 relevant percentages shall be applied to the remaining
2 portion of such State aid. The distribution of these
3 portions of general State aid among attendance centers
4 according to these requirements shall not be compensated for
5 or contravened by adjustments of the total of other funds
6 appropriated to any attendance centers. (b) The Board of
7 Education shall utilize funding from one or several sources
8 in order to fully implement this provision annually prior to
9 the opening of school. The Board of Education shall apply
10 savings from reduced administrative costs required under
11 Section 34-43.1 and growth in non-Chapter 1 State and local
12 funds to assure that all attendance centers receive funding
13 to replace losses due to redistribution of Chapter 1 funding.
14 The distribution formula and funding to replace losses due to
15 the distribution formula shall occur, in full, using any and
16 all sources available, including, if necessary, revenue from
17 administrative reductions beyond those required in Section
18 34-43.1, in order to provide the necessary funds. (c) Each
19 attendance center shall be provided by the school district a
20 distribution of noncategorical funds and other categorical
21 funds to which an attendance center is entitled under law in
22 order that the State aid provided by application of the
23 Chapter 1 weighting factor and required to be distributed
24 among attendance centers according to the requirements of
25 this paragraph supplements rather than supplants the
26 noncategorical funds and other categorical funds provided by
27 the school district to the attendance centers.
28 Notwithstanding the foregoing provisions of this subsection
29 5(i)(1) or any other law to the contrary, beginning with the
30 1995-1996 school year and for each school year thereafter,
31 the board of a school district to which the provisions of
32 this subsection apply shall be required to allocate or
33 provide to attendance centers of the district in any such
34 school year, from the State aid provided for the district
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1 under this Section by application of the Chapter 1 weighting
2 factor, an aggregate amount of not less than $261,000,000 of
3 State Chapter 1 funds. Any State Chapter 1 funds that by
4 reason of the provisions of this paragraph are not required
5 to be allocated and provided to attendance centers may be
6 used and appropriated by the board of the district for any
7 lawful school purpose. Chapter 1 funds received by an
8 attendance center (except those funds set aside for
9 desegregation programs and related transportation to
10 students) shall be used on the schedule cited in this Section
11 at the attendance center at the discretion of the principal
12 and local school council for programs to improve educational
13 opportunities at qualifying schools through the following
14 programs and services: early childhood education, reduced
15 class size or improved adult to student classroom ratio,
16 enrichment programs, remedial assistance, attendance
17 improvement and other educationally beneficial expenditures
18 which supplement the regular and basic programs as determined
19 by the State Board of Education. Chapter 1 funds shall not
20 be expended for any political or lobbying purposes as defined
21 by board rule. (d) Each district subject to the provisions of
22 this paragraph shall submit an acceptable plan to meet the
23 educational needs of disadvantaged children, in compliance
24 with the requirements of this paragraph, to the State Board
25 of Education prior to July 15 of each year. This plan shall
26 be consistent with the decisions of local school councils
27 concerning the school expenditure plans developed in
28 accordance with part 4 of Section 34-2.3. The State Board
29 shall approve or reject the plan within 60 days after its
30 submission. If the plan is rejected the district shall give
31 written notice of intent to modify the plan within 15 days of
32 the notification of rejection and then submit a modified plan
33 within 30 days after the date of the written notice of intent
34 to modify. Districts may amend approved plans pursuant to
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1 rules promulgated by the State Board of Education.
2 Upon notification by the State Board of Education that
3 the district has not submitted a plan prior to July 15 or a
4 modified plan within the time period specified herein, the
5 State aid funds affected by said plan or modified plan shall
6 be withheld by the State Board of Education until a plan or
7 modified plan is submitted.
8 If the district fails to distribute State aid to
9 attendance centers in accordance with an approved plan, the
10 plan for the following year shall allocate funds, in addition
11 to the funds otherwise required by this subparagraph, to
12 those attendance centers which were underfunded during the
13 previous year in amounts equal to such underfunding.
14 For purposes of determining compliance with this
15 subsection in relation to Chapter 1 expenditures, each
16 district subject to the provisions of this subsection shall
17 submit as a separate document by December 1 of each year a
18 report of Chapter 1 expenditure data for the prior year in
19 addition to any modification of its current plan. If it is
20 determined that there has been a failure to comply with the
21 expenditure provisions of this subsection regarding
22 contravention or supplanting, the State Superintendent of
23 Education shall, within 60 days of receipt of the report,
24 notify the district and any affected local school council.
25 The district shall within 45 days of receipt of that
26 notification inform the State Superintendent of Education of
27 the remedial or corrective action to be taken, whether by
28 amendment of the current plan, if feasible, or by adjustment
29 in the plan for the following year. Failure to provide the
30 expenditure report or the notification of remedial or
31 corrective action in a timely manner shall result in a
32 withholding of the affected funds.
33 The State Board of Education shall promulgate rules and
34 regulations to implement the provisions of this subsection
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1 5(i)(1). No funds shall be released under subsection 1(n) of
2 this Section or under this subsection 5(i)(1) to any district
3 which has not submitted a plan which has been approved by the
4 State Board of Education.
5 (2) School districts with an average daily attendance of
6 more than 1,000 and less than 50,000 and having a low income
7 pupil weighting factor in excess of .53 shall submit a plan
8 to the State Board of Education prior to October 30 of each
9 year for the use of the funds resulting from the application
10 of subsection 1(n) of this Section for the improvement of
11 instruction in which priority is given to meeting the
12 education needs of disadvantaged children. Such plan shall
13 be submitted in accordance with rules and regulations
14 promulgated by the State Board of Education.
15 (j) For the purposes of calculating State aid under this
16 Section, with respect to any part of a school district within
17 a redevelopment project area in respect to which a
18 municipality has adopted tax increment allocation financing
19 pursuant to the Tax Increment Allocation Redevelopment Act,
20 Sections 11-74.4-1 through 11-74.4-11 of the Illinois
21 Municipal Code or the Industrial Jobs Recovery Law, Sections
22 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code,
23 no part of the current equalized assessed valuation of real
24 property located in any such project area which is
25 attributable to an increase above the total initial equalized
26 assessed valuation of such property shall be used in
27 computing the equalized assessed valuation per weighted ADA
28 pupil in the district, until such time as all redevelopment
29 project costs have been paid, as provided in Section
30 11-74.4-8 of the Tax Increment Allocation Redevelopment Act
31 or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
32 For the purpose of computing the equalized assessed valuation
33 per weighted ADA pupil in the district the total initial
34 equalized assessed valuation or the current equalized
-18- LRB9005472NTmbam01
1 assessed valuation, whichever is lower, shall be used until
2 such time as all redevelopment project costs have been paid.
3 (k) For a school district operating under the financial
4 supervision of an Authority created under Article 34A, the
5 State aid otherwise payable to that district under this
6 Section, other than State aid attributable to Chapter 1
7 students, shall be reduced by an amount equal to the budget
8 for the operations of the Authority as certified by the
9 Authority to the State Board of Education, and an amount
10 equal to such reduction shall be paid to the Authority
11 created for such district for its operating expenses in the
12 manner provided in Section 18-11. The remainder of State
13 school aid for any such district shall be paid in accordance
14 with Article 34A when that Article provides for a disposition
15 other than that provided by this Article.
16 (l) For purposes of calculating State aid under this
17 Section, the equalized assessed valuation for a school
18 district used to compute State aid shall be determined by
19 adding to the real property equalized assessed valuation for
20 the district an amount computed by dividing the amount of
21 money received by the district under the provisions of "An
22 Act in relation to the abolition of ad valorem personal
23 property tax and the replacement of revenues lost thereby",
24 certified August 14, 1979, by the total tax rate for the
25 district. For purposes of this subsection 1976 tax rates
26 shall be used for school districts in the county of Cook and
27 1977 tax rates shall be used for school districts in all
28 other counties.
29 (m) (1) For a new school district formed by combining
30 property included totally within 2 or more previously
31 existing school districts, for its first year of existence or
32 if the new district was formed after October 31, 1982 and
33 prior to September 23, 1985, for the year immediately
34 following September 23, 1985, the State aid calculated under
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1 this Section shall be computed for the new district and for
2 the previously existing districts for which property is
3 totally included within the new district. If the computation
4 on the basis of the previously existing districts is greater,
5 a supplementary payment equal to the difference shall be made
6 for the first 3 years of existence of the new district or if
7 the new district was formed after October 31, 1982 and prior
8 to September 23, 1985, for the 3 years immediately following
9 September 23, 1985.
10 (2) For a school district which annexes all of the
11 territory of one or more entire other school districts, for
12 the first year during which the change of boundaries
13 attributable to such annexation becomes effective for all
14 purposes as determined under Section 7-9 or 7A-8, the State
15 aid calculated under this Section shall be computed for the
16 annexing district as constituted after the annexation and for
17 the annexing and each annexed district as constituted prior
18 to the annexation; and if the computation on the basis of the
19 annexing and annexed districts as constituted prior to the
20 annexation is greater, a supplementary payment equal to the
21 difference shall be made for the first 3 years of existence
22 of the annexing school district as constituted upon such
23 annexation.
24 (3) For 2 or more school districts which annex all of
25 the territory of one or more entire other school districts,
26 and for 2 or more community unit districts which result upon
27 the division (pursuant to petition under Section 11A-2) of
28 one or more other unit school districts into 2 or more parts
29 and which together include all of the parts into which such
30 other unit school district or districts are so divided, for
31 the first year during which the change of boundaries
32 attributable to such annexation or division becomes effective
33 for all purposes as determined under Section 7-9 or 11A-10,
34 as the case may be, the State aid calculated under this
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1 Section shall be computed for each annexing or resulting
2 district as constituted after the annexation or division and
3 for each annexing and annexed district, or for each resulting
4 and divided district, as constituted prior to the annexation
5 or division; and if the aggregate of the State aid as so
6 computed for the annexing or resulting districts as
7 constituted after the annexation or division is less than the
8 aggregate of the State aid as so computed for the annexing
9 and annexed districts, or for the resulting and divided
10 districts, as constituted prior to the annexation or
11 division, then a supplementary payment equal to the
12 difference shall be made and allocated between or among the
13 annexing or resulting districts, as constituted upon such
14 annexation or division, for the first 3 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) If a unit school district annexes all the territory
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1 of another unit school district effective for all purposes
2 pursuant to Section 7-9 on July 1, 1988, and if part of the
3 annexed territory is detached within 90 days after July 1,
4 1988, then the detachment shall be disregarded in computing
5 the supplementary State aid payments under this paragraph (m)
6 for the entire 3 year period and the supplementary State aid
7 payments shall not be diminished because of the detachment.
8 (5) Any supplementary State aid payment made under this
9 paragraph (m) shall be treated as separate from all other
10 payments made pursuant to this Section.
11 (n) For the purposes of calculating State aid under this
12 Section, the real property equalized assessed valuation for a
13 school district used to compute State aid shall be determined
14 by subtracting from the real property value as equalized or
15 assessed by the Department of Revenue for the district an
16 amount computed by dividing the amount of any abatement of
17 taxes under Section 18-170 of the Property Tax Code by the
18 maximum operating tax rates specified in subsection 5(c) of
19 this Section and an amount computed by dividing the amount of
20 any abatement of taxes under subsection (a) of Section 18-165
21 of the Property Tax Code by the maximum operating tax rates
22 specified in subsection 5(c) of this Section.
23 (o) Notwithstanding any other provisions of this
24 Section, for the 1996-1997 school year the amount of the
25 aggregate general State aid entitlement that is received
26 under this Section by each school district for that school
27 year shall be not less than the amount of the aggregate
28 general State aid entitlement that was received by the
29 district under this Section for the 1995-1996 school year.
30 If a school district is to receive an aggregate general State
31 aid entitlement under this Section for the 1996-1997 school
32 year that is less than the amount of the aggregate general
33 State aid entitlement that the district received under this
34 Section for the 1995-1996 school year, the school district
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1 shall also receive, from a separate appropriation made for
2 purposes of this paragraph (o), a supplementary payment that
3 is equal to the amount by which the general State aid
4 entitlement received by the district under this Section for
5 the 1995-1996 school year exceeds the general State aid
6 entitlement that the district is to receive under this
7 Section for the 1996-1997 school year.
8 Notwithstanding any other provisions of this Section, for
9 the 1997-1998 school year the amount of the aggregate general
10 State aid entitlement that is received under this Section by
11 each school district for that school year shall be not less
12 than the amount of the aggregate general State aid
13 entitlement that was received by the district under this
14 Section for the 1996-1997 school year. If a school district
15 is to receive an aggregate general State aid entitlement
16 under this Section for the 1997-1998 school year that is less
17 than the amount of the aggregate general State aid
18 entitlement that the district received under this Section for
19 the 1996-1997 school year, the school district shall also
20 receive, from a separate appropriation made for purposes of
21 this paragraph (o), a supplementary payment that is equal to
22 the amount by which the general State aid entitlement
23 received by the district under this Section for the 1996-1997
24 school year exceeds the general State aid entitlement that
25 the district is to receive under this Section for the
26 1997-1998 school year.
27 If the amount appropriated for supplementary payments to
28 school districts under this paragraph (o) is insufficient for
29 that purpose, the supplementary payments that districts are
30 to receive under this paragraph shall be prorated according
31 to the aggregate amount of the appropriation made for
32 purposes of this paragraph.
33 (p) For the 1997-1998 school year only, a supplemental
34 general State aid grant shall be provided for school
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1 districts in an amount equal to the greater of the result of
2 part (i) of this subsection or part (ii) of this subsection,
3 calculated as follows:
4 (i) The general State aid received by a school
5 district under this Section for the 1997-1998 school year
6 shall be added to the sum of (A) the result obtained by
7 multiplying the 1995 equalized valuation of all taxable
8 property in the district by the fixed calculation tax
9 rates of 3.0% for unit districts, 2.0% for elementary
10 districts and 1.0% for high school districts plus (B) the
11 aggregate corporate personal property replacement
12 revenues received by the district during the 1996-1997
13 school year. That aggregate amount determined under this
14 part (i) shall be divided by the average of the best 3
15 months of pupil attendance in the district for the
16 1996-1997 school year. If the result obtained by dividing
17 the aggregate amount determined under this part (i) by
18 the average of the best 3 months of pupil attendance in
19 the district is less than $3,600, the supplemental
20 general State aid grant for that district shall be equal
21 to the amount determined by subtracting from $3,600 the
22 result obtained by dividing the aggregate amount
23 determined under this part (i) by the average of the best
24 3 months of pupil attendance in the district, and by
25 multiplying that difference by the average of the best 3
26 months of pupil attendance in the district for the
27 1996-1997 school year.
28 (ii) The general State aid received by a school
29 district under this Section for the 1997-1998 school year
30 shall be added to the sum of (A) the result obtained by
31 multiplying the 1995 equalized assessed valuation of all
32 taxable property in the district by the district's
33 applicable 1995 operating tax rate as defined in this
34 part (ii) plus (B) the aggregate corporate personal
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1 property replacement revenues received by the district
2 during the 1996-1997 school year. That aggregate amount
3 shall be divided by the average of the best 3 months of
4 pupil attendance in the district for the 1996-1997 school
5 year. If the result obtained by dividing the aggregate
6 amount determined in this part (ii) by the average of the
7 best 3 months of pupil attendance in the district is less
8 than $4,100, the supplemental general State aid grant for
9 that district shall be equal to the amount determined by
10 subtracting from the $4,100 the result obtained by
11 dividing the aggregate amount determined in this part
12 (ii) by the average of the best 3 months of pupil
13 attendance in the district and by multiplying that
14 difference by the average of the best 3 months of pupil
15 attendance in the district for the 1996-1997 school year.
16 For the purposes of this part (ii), the "applicable 1995
17 operating tax rate" shall mean the following: (A) for
18 unit districts with operating tax rates of 3.00% or less,
19 elementary districts with operating tax rates of 2.00% or
20 less, and high school districts with operating tax rates
21 of 1.00% or less, the applicable 1995 operating tax rate
22 shall be 3.00% for unit districts, 2.00% for elementary
23 districts, and 1.00% for high school districts; (B) for
24 unit districts with operating tax rates of 4.50% or more,
25 elementary districts with operating tax rates of 3.00% or
26 more, and high school districts with operating tax rates
27 of 1.85% or more, the applicable 1995 operating tax rate
28 shall be 4.50% for unit districts, 3.00% for elementary
29 districts, and 1.85% for high school districts; and (C)
30 for unit districts with operating tax rates of more than
31 3.00% and less than 4.50%, for elementary districts with
32 operating tax rates of more than 2.00% and less than
33 3.00%, and for high school districts with operating tax
34 rates of more than 1.00% and less than 1.85%, the
-25- LRB9005472NTmbam01
1 applicable 1995 operating tax rate shall be the
2 district's actual 1995 operating tax rate.
3 If the moneys appropriated in a separate line item by the
4 General Assembly to the State Board of Education for
5 supplementary payments required to be made and distributed to
6 school districts for the 1997-1998 school year under this
7 subsection 5(p) are insufficient, the amount of the
8 supplementary payments required to be made and distributed to
9 those school districts under this subsection shall abate
10 proportionately.
11 (p-5) For the 1997-98 school year only, a supplemental
12 general State aid grant shall be provided for school
13 districts based on the number of low-income eligible pupils
14 within the school district. For the purposes of this
15 subsection 5(p-5), "low-income eligible pupils" shall be the
16 low-income eligible pupil count from the most recently
17 available federal census. If, however, the percentage
18 decrease from the 2 most recent federal censuses in the
19 low-income eligible pupil count of a high school district
20 with fewer than 400 students that has sold tax anticipation
21 warrants in the last 12 months exceeds by 75% or more the
22 percentage change in the total low-income eligible pupil
23 count of contiguous elementary school districts, whose
24 boundaries are coterminous with that high school district,
25 the high-school district's low-income eligible pupil count
26 from the earlier federal census shall be used as the number
27 of low-income eligible pupils for the high school district.
28 The supplemental general State aid grant for each district
29 shall be equal to the number of low-income eligible pupils
30 within that district multiplied by $30.50. If the moneys
31 appropriated in a separate line item by the General Assembly
32 to the State Board of Education for supplementary payments
33 required to be made and distributed to school districts for
34 the 1997-98 school year under this subsection 5(p-5) are
-26- LRB9005472NTmbam01
1 insufficient, the amount of the supplementary payments
2 required to be made and distributed to those districts under
3 this subsection shall abate proportionately.
4 B. In calculating the amount to be paid to the governing
5 board of a public university that operates a laboratory
6 school under this Section or to any alternative school that
7 is operated by a regional superintendent of schools, the
8 State Board of Education shall require by rule such reporting
9 requirements as it deems necessary.
10 As used in this Section, "laboratory school" means a
11 public school which is created and operated by a public
12 university and approved by the State Board of Education. The
13 governing board of a public university which receives funds
14 from the State Board under this subsection B may not increase
15 the number of students enrolled in its laboratory school from
16 a single district, if that district is already sending 50 or
17 more students, except under a mutual agreement between the
18 school board of a student's district of residence and the
19 university which operates the laboratory school. A
20 laboratory school may not have more than 1,000 students,
21 excluding students with disabilities in a special education
22 program.
23 As used in this Section, "alternative school" means a
24 public school which is created and operated by a Regional
25 Superintendent of Schools and approved by the State Board of
26 Education. Such alternative schools may offer courses of
27 instruction for which credit is given in regular school
28 programs, courses to prepare students for the high school
29 equivalency testing program or vocational and occupational
30 training. A regional superintendent of schools may contract
31 with a school district or a public community college district
32 to operate an alternative school. An alternative school
33 serving more than one educational service region may be
34 operated under such terms as the regional superintendents of
-27- LRB9005472NTmbam01
1 schools of those educational service regions may agree.
2 Each laboratory and alternative school shall file, on
3 forms provided by the State Superintendent of Education, an
4 annual State aid claim which states the average daily
5 attendance of the school's students by month. The best 3
6 months' average daily attendance shall be computed for each
7 school. The weighted average daily attendance shall be
8 computed and the weighted average daily attendance for the
9 school's most recent 3 year average shall be compared to the
10 most recent weighted average daily attendance, and the
11 greater of the 2 shall be used for the calculation under this
12 subsection B. The general State aid entitlement shall be
13 computed by multiplying the school's student count by the
14 foundation level as determined under this Section.
15 C. This Section is repealed July 1, 1998.
16 (Source: P.A. 89-15, eff. 5-30-95; 89-235, eff. 8-4-95;
17 89-397, eff. 8-20-95; 89-610, eff. 8-6-96; 89-618, eff.
18 8-9-96; 89-626, eff. 8-9-96; 89-679, eff. 8-16-96; 90-9, eff.
19 7-1-97; 90-14, eff. 7-1-97; 90-548, eff. 12-4-97; 90-566,
20 eff. 1-2-98; revised 1-8-98.)
21 (105 ILCS 5/18-8.05)
22 (This Section may contain text from a Public Act with a
23 delayed effective date.)
24 Sec. 18-8.05. Basis for apportionment of general State
25 financial aid and supplemental general State aid to the
26 common schools for the 1998-1999 and subsequent school years.
27 (A) General Provisions.
28 (1) The provisions of this Section apply to the
29 1998-1999 and subsequent school years. The system of general
30 State financial aid provided for in this Section is designed
31 to assure that, through a combination of State financial aid
32 and required local resources, the financial support provided
33 each pupil in Average Daily Attendance equals or exceeds a
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1 prescribed per pupil Foundation Level. This formula approach
2 imputes a level of per pupil Available Local Resources and
3 provides for the basis to calculate a per pupil level of
4 general State financial aid that, when added to Available
5 Local Resources, equals or exceeds the Foundation Level. The
6 amount of per pupil general State financial aid for school
7 districts, in general, varies in inverse relation to
8 Available Local Resources. Per pupil amounts are based upon
9 each school district's Average Daily Attendance as that term
10 is defined in this Section.
11 (2) In addition to general State financial aid, school
12 districts with specified levels or concentrations of pupils
13 from low income households are eligible to receive
14 supplemental general State financial aid grants as provided
15 pursuant to subsection (H). The supplemental State aid grants
16 provided for school districts under subsection (H) shall be
17 appropriated for distribution to school districts as part of
18 the same line item in which the general State financial aid
19 of school districts is appropriated under this Section.
20 (3) To receive financial assistance under this Section,
21 school districts are required to file claims with the State
22 Board of Education, subject to the following requirements:
23 (a) Any school district which fails for any given
24 school year to maintain school as required by law, or to
25 maintain a recognized school is not eligible to file for
26 such school year any claim upon the Common School Fund.
27 In case of nonrecognition of one or more attendance
28 centers in a school district otherwise operating
29 recognized schools, the claim of the district shall be
30 reduced in the proportion which the Average Daily
31 Attendance in the attendance center or centers bear to
32 the Average Daily Attendance in the school district. A
33 "recognized school" means any public school which meets
34 the standards as established for recognition by the State
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1 Board of Education. A school district or attendance
2 center not having recognition status at the end of a
3 school term is entitled to receive State aid payments due
4 upon a legal claim which was filed while it was
5 recognized.
6 (b) School district claims filed under this Section
7 are subject to Sections 18-9, 18-10, and 18-12, except as
8 otherwise provided in this Section.
9 (c) If a school district operates a full year
10 school under Section 10-19.1, the general State aid to
11 the school district shall be determined by the State
12 Board of Education in accordance with this Section as
13 near as may be applicable.
14 (d) Claims for financial assistance under this
15 Section shall not be recomputed except as expressly
16 provided under this Section.
17 (4) Except as provided in subsections (H) and (L), the
18 board of any district receiving any of the grants provided
19 for in this Section may apply those funds to any fund so
20 received for which that board is authorized to make
21 expenditures by law.
22 School districts are not required to exert a minimum
23 Operating Tax Rate in order to qualify for assistance under
24 this Section.
25 (5) As used in this Section the following terms, when
26 capitalized, shall have the meaning ascribed herein:
27 (a) "Average Daily Attendance": A count of pupil
28 attendance in school, averaged as provided for in
29 subsection (C) and utilized in deriving per pupil
30 financial support levels.
31 (b) "Available Local Resources": A computation of
32 local financial support, calculated on the basis Average
33 Daily Attendance and derived as provided pursuant to
34 subsection (D).
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1 (c) "Corporate Personal Property Replacement
2 Taxes": Funds paid to local school districts pursuant to
3 "An Act in relation to the abolition of ad valorem
4 personal property tax and the replacement of revenues
5 lost thereby, and amending and repealing certain Acts and
6 parts of Acts in connection therewith", certified August
7 14, 1979, as amended (Public Act 81-1st S.S.-1).
8 (d) "Foundation Level": A prescribed level of per
9 pupil financial support as provided for in subsection
10 (B).
11 (e) "Operating Tax Rate": All school district
12 property taxes extended for all purposes, except
13 community college educational purposes for the payment of
14 tuition under Section 6-1 of the Public Community College
15 Act, Bond and Interest, Summer School, Rent, Capital
16 Improvement, and Vocational Education Building purposes.
17 (B) Foundation Level.
18 (1) The Foundation Level is a figure established by the
19 State representing the minimum level of per pupil financial
20 support that should be available to provide for the basic
21 education of each pupil in Average Daily Attendance. As set
22 forth in this Section, each school district is assumed to
23 exert a sufficient local taxing effort such that, in
24 combination with the aggregate of general State financial aid
25 provided the district, an aggregate of State and local
26 resources are available to meet the basic education needs of
27 pupils in the district.
28 (2) For the 1998-1999 school year, the Foundation Level
29 of support is $4,225. For the 1999-2000 school year, the
30 Foundation Level of support is $4,325. For the 2000-2001
31 school year, the Foundation Level of support is $4,425.
32 (3) For the 2001-2002 school year and each school year
33 thereafter, the Foundation Level of support is $4,425 or such
34 greater amount as may be established by law by the General
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1 Assembly.
2 (C) Average Daily Attendance.
3 (1) For purposes of calculating general State aid
4 pursuant to subsection (E), an Average Daily Attendance
5 figure shall be utilized. The Average Daily Attendance
6 figure for formula calculation purposes shall be the monthly
7 average of the actual number of pupils in attendance of each
8 school district, as further averaged for the best 3 months of
9 pupil attendance for each school district. In compiling the
10 figures for the number of pupils in attendance, school
11 districts and the State Board of Education shall, for
12 purposes of general State aid funding, conform attendance
13 figures to the requirements of subsection (F).
14 (2) The Average Daily Attendance figures utilized in
15 subsection (E) shall be the requisite attendance data for the
16 school year immediately preceding the school year for which
17 general State aid is being calculated.
18 (D) Available Local Resources.
19 (1) For purposes of calculating general State aid
20 pursuant to subsection (E), a representation of Available
21 Local Resources per pupil, as that term is defined and
22 determined in this subsection, shall be utilized. Available
23 Local Resources per pupil shall include a calculated dollar
24 amount representing local school district revenues from local
25 property taxes and from Corporate Personal Property
26 Replacement Taxes, expressed on the basis of pupils in
27 Average Daily Attendance.
28 (2) In determining a school district's revenue from
29 local property taxes, the State Board of Education shall
30 utilize the equalized assessed valuation of all taxable
31 property of each school district as of September 30 of the
32 previous year. The equalized assessed valuation utilized
33 shall be obtained and determined as provided in subsection
-32- LRB9005472NTmbam01
1 (G).
2 (3) For school districts maintaining grades kindergarten
3 through 12, local property tax revenues per pupil shall be
4 calculated as the product of the applicable equalized
5 assessed valuation for the district multiplied by 3.00%, and
6 divided by the district's Average Daily Attendance figure.
7 For school districts maintaining grades kindergarten through
8 8, local property tax revenues per pupil shall be calculated
9 as the product of the applicable equalized assessed valuation
10 for the district multiplied by 2.30%, and divided by the
11 district's Average Daily Attendance figure. For school
12 districts maintaining grades 9 through 12, local property tax
13 revenues per pupil shall be the applicable equalized assessed
14 valuation of the district multiplied by 1.20%, and divided by
15 the district's Average Daily Attendance figure.
16 (4) The Corporate Personal Property Replacement Taxes
17 paid to each school district during the calendar year 2 years
18 before the calendar year in which a school year begins,
19 divided by the Average Daily Attendance figure for that
20 district, shall be added to the local property tax revenues
21 per pupil as derived by the application of the immediately
22 preceding paragraph (3). The sum of these per pupil figures
23 for each school district shall constitute Available Local
24 Resources as that term is utilized in subsection (E) in the
25 calculation of general State aid.
26 (E) Computation of General State Aid.
27 (1) For each school year, the amount of general State
28 aid allotted to a school district shall be computed by the
29 State Board of Education as provided in this subsection.
30 (2) For any school district for which Available Local
31 Resources per pupil is less than the product of 0.93 times
32 the Foundation Level, general State aid for that district
33 shall be calculated as an amount equal to the Foundation
34 Level minus Available Local Resources, multiplied by the
-33- LRB9005472NTmbam01
1 Average Daily Attendance of the school district.
2 (3) For any school district for which Available Local
3 Resources per pupil is equal to or greater than the product
4 of 0.93 times the Foundation Level and less than the product
5 of 1.75 times the Foundation Level, the general State aid per
6 pupil shall be a decimal proportion of the Foundation Level
7 derived using a linear algorithm. Under this linear
8 algorithm, the calculated general State aid per pupil shall
9 decline in direct linear fashion from 0.07 times the
10 Foundation Level for a school district with Available Local
11 Resources equal to the product of 0.93 times the Foundation
12 Level, to 0.05 times the Foundation Level for a school
13 district with Available Local Resources equal to the product
14 of 1.75 times the Foundation Level. The allocation of
15 general State aid for school districts subject to this
16 paragraph 3 shall be the calculated general State aid per
17 pupil figure multiplied by the Average Daily Attendance of
18 the school district.
19 (4) For any school district for which Available Local
20 Resources per pupil equals or exceeds the product of 1.75
21 times the Foundation Level, the general State aid for the
22 school district shall be calculated as the product of $218
23 multiplied by the Average Daily Attendance of the school
24 district.
25 (F) Compilation of Average Daily Attendance.
26 (1) Each school district shall, by July 1 of each year,
27 submit to the State Board of Education, on forms prescribed
28 by the State Board of Education, attendance figures for the
29 school year that began in the preceding calendar year. The
30 attendance information so transmitted shall identify the
31 average daily attendance figures for each month of the school
32 year, except that any days of attendance in August shall be
33 added to the month of September and any days of attendance in
34 June shall be added to the month of May.
-34- LRB9005472NTmbam01
1 Except as otherwise provided in this Section, days of
2 attendance by pupils shall be counted only for sessions of
3 not less than 5 clock hours of school work per day under
4 direct supervision of: (i) teachers, or (ii) non-teaching
5 personnel or volunteer personnel when engaging in
6 non-teaching duties and supervising in those instances
7 specified in subsection (a) of Section 10-22.34 and paragraph
8 10 of Section 34-18, with pupils of legal school age and in
9 kindergarten and grades 1 through 12.
10 Days of attendance by tuition pupils shall be accredited
11 only to the districts that pay the tuition to a recognized
12 school.
13 (2) Days of attendance by pupils of less than 5 clock
14 hours of school shall be subject to the following provisions
15 in the compilation of Average Daily Attendance.
16 (a) Pupils regularly enrolled in a public school
17 for only a part of the school day may be counted on the
18 basis of 1/6 day for every class hour of instruction of
19 40 minutes or more attended pursuant to such enrollment.
20 (b) Days of attendance may be less than 5 clock
21 hours on the opening and closing of the school term, and
22 upon the first day of pupil attendance, if preceded by a
23 day or days utilized as an institute or teachers'
24 workshop.
25 (c) A session of 4 or more clock hours may be
26 counted as a day of attendance upon certification by the
27 regional superintendent, and approved by the State
28 Superintendent of Education to the extent that the
29 district has been forced to use daily multiple sessions.
30 (d) A session of 3 or more clock hours may be
31 counted as a day of attendance (1) when the remainder of
32 the school day or at least 2 hours in the evening of that
33 day is utilized for an in-service training program for
34 teachers, up to a maximum of 5 days per school year of
-35- LRB9005472NTmbam01
1 which a maximum of 4 days of such 5 days may be used for
2 parent-teacher conferences, provided a district conducts
3 an in-service training program for teachers which has
4 been approved by the State Superintendent of Education;
5 or, in lieu of 4 such days, 2 full days may be used, in
6 which event each such day may be counted as a day of
7 attendance; and (2) when days in addition to those
8 provided in item (1) are scheduled by a school pursuant
9 to its school improvement plan adopted under Article 34
10 or its revised or amended school improvement plan adopted
11 under Article 2, provided that (i) such sessions of 3 or
12 more clock hours are scheduled to occur at regular
13 intervals, (ii) the remainder of the school days in which
14 such sessions occur are utilized for in-service training
15 programs or other staff development activities for
16 teachers, and (iii) a sufficient number of minutes of
17 school work under the direct supervision of teachers are
18 added to the school days between such regularly scheduled
19 sessions to accumulate not less than the number of
20 minutes by which such sessions of 3 or more clock hours
21 fall short of 5 clock hours. Any full days used for the
22 purposes of this paragraph shall not be considered for
23 computing average daily attendance. Days scheduled for
24 in-service training programs, staff development
25 activities, or parent-teacher conferences may be
26 scheduled separately for different grade levels and
27 different attendance centers of the district.
28 (e) A session of not less than one clock hour
29 teaching of hospitalized or homebound pupils on-site or
30 by telephone to the classroom may be counted as 1/2 day
31 of attendance, however these pupils must receive 4 or
32 more clock hours of instruction to be counted for a full
33 day of attendance.
34 (f) A session of at least 4 clock hours may be
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1 counted as a day of attendance for first grade pupils,
2 and pupils in full day kindergartens, and a session of 2
3 or more hours may be counted as 1/2 day of attendance by
4 pupils in kindergartens which provide only 1/2 day of
5 attendance.
6 (g) For children with disabilities who are below
7 the age of 6 years and who cannot attend 2 or more clock
8 hours because of their disability or immaturity, a
9 session of not less than one clock hour may be counted as
10 1/2 day of attendance; however for such children whose
11 educational needs so require a session of 4 or more clock
12 hours may be counted as a full day of attendance.
13 (h) A recognized kindergarten which provides for
14 only 1/2 day of attendance by each pupil shall not have
15 more than 1/2 day of attendance counted in any 1 day.
16 However, kindergartens may count 2 1/2 days of attendance
17 in any 5 consecutive school days. When a pupil attends
18 such a kindergarten for 2 half days on any one school
19 day, the pupil shall have the following day as a day
20 absent from school, unless the school district obtains
21 permission in writing from the State Superintendent of
22 Education. Attendance at kindergartens which provide for
23 a full day of attendance by each pupil shall be counted
24 the same as attendance by first grade pupils. Only the
25 first year of attendance in one kindergarten shall be
26 counted, except in case of children who entered the
27 kindergarten in their fifth year whose educational
28 development requires a second year of kindergarten as
29 determined under the rules and regulations of the State
30 Board of Education.
31 (G) Equalized Assessed Valuation Data.
32 (1) For purposes of the calculation of Available Local
33 Resources required pursuant to subsection (D), the State
34 Board of Education shall secure from the Department of
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1 Revenue the value as equalized or assessed by the Department
2 of Revenue of all taxable property of every school district
3 together with the applicable tax rate used in extending taxes
4 for the funds of the district as of September 30 of the
5 previous year.
6 This equalized assessed valuation, as adjusted further by
7 the requirements of this subsection, shall be utilized in the
8 calculation of Available Local Resources.
9 (2) The equalized assessed valuation in paragraph (1)
10 shall be adjusted, as applicable, in the following manner:
11 (a) For the purposes of calculating State aid under
12 this Section, with respect to any part of a school
13 district within a redevelopment project area in respect
14 to which a municipality has adopted tax increment
15 allocation financing pursuant to the Tax Increment
16 Allocation Redevelopment Act, Sections 11-74.4-1 through
17 11-74.4-11 of the Illinois Municipal Code or the
18 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
19 11-74.6-50 of the Illinois Municipal Code, no part of the
20 current equalized assessed valuation of real property
21 located in any such project area which is attributable to
22 an increase above the total initial equalized assessed
23 valuation of such property shall be used as part of the
24 equalized assessed valuation of the district, until such
25 time as all redevelopment project costs have been paid,
26 as provided in Section 11-74.4-8 of the Tax Increment
27 Allocation Redevelopment Act or in Section 11-74.6-35 of
28 the Industrial Jobs Recovery Law. For the purpose of the
29 equalized assessed valuation of the district, the total
30 initial equalized assessed valuation or the current
31 equalized assessed valuation, whichever is lower, shall
32 be used until such time as all redevelopment project
33 costs have been paid.
34 (b) The real property equalized assessed valuation
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1 for a school district shall be adjusted by subtracting
2 from the real property value as equalized or assessed by
3 the Department of Revenue for the district an amount
4 computed by dividing the amount of any abatement of taxes
5 under Section 18-170 of the Property Tax Code by 3.00%
6 for a district maintaining grades kindergarten through 12
7 or by 2.30% for a district maintaining grades
8 kindergarten through 8, or by 1.20% for a district
9 maintaining grades 9 through 12 and adjusted by an amount
10 computed by dividing the amount of any abatement of taxes
11 under subsection (a) of Section 18-165 of the Property
12 Tax Code by the same percentage rates for district type
13 as specified in this subparagraph (c).
14 (H) Supplemental General State Aid.
15 (1) In addition to the general State aid a school
16 district is allotted pursuant to subsection (E), qualifying
17 school districts shall receive a grant, paid in conjunction
18 with a district's payments of general State aid, for
19 supplemental general State aid based upon the concentration
20 level of children from low-income households within the
21 school district. Supplemental State aid grants provided for
22 school districts under this subsection shall be appropriated
23 for distribution to school districts as part of the same line
24 item in which the general State financial aid of school
25 districts is appropriated under this Section. For purposes of
26 this subsection, the term "Low-Income Concentration Level"
27 shall be the low-income eligible pupil count from the most
28 recently available federal census divided by the Average
29 Daily Attendance of the school district. If, however, the
30 percentage decrease from the 2 most recent federal censuses
31 in the low-income eligible pupil count of a high school
32 district with fewer than 400 students that has sold tax
33 anticipation warrants in the last 12 months exceeds by 75% or
34 more the percentage change in the total low-income eligible
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1 pupil count of contiguous elementary school districts, whose
2 boundaries are coterminous with the high school district, the
3 high-school district's low-income eligible pupil count from
4 the earlier federal census shall be the number used as the
5 low-income eligible pupil count for the high school district,
6 for purposes of this subsection (H).
7 (2) Supplemental general State aid pursuant to this
8 subsection shall be provided as follows:
9 (a) For any school district with a Low Income
10 Concentration Level of at least 20% and less than 35%,
11 the grant for any school year shall be $800 multiplied by
12 the low income eligible pupil count.
13 (b) For any school district with a Low Income
14 Concentration Level of at least 35% and less than 50%,
15 the grant for the 1998-1999 school year shall be $1,100
16 multiplied by the low income eligible pupil count.
17 (c) For any school district with a Low Income
18 Concentration Level of at least 50% and less than 60%,
19 the grant for the 1998-99 school year shall be $1,500
20 multiplied by the low income eligible pupil count.
21 (d) For any school district with a Low Income
22 Concentration Level of 60% or more, the grant for the
23 1998-99 school year shall be $1,900 multiplied by the low
24 income eligible pupil count.
25 (e) For the 1999-2000 school year, the per pupil
26 amount specified in subparagraphs (b), (c), and (d),
27 immediately above shall be increased by $100 to $1,200,
28 $1,600, and $2,000, respectively.
29 (f) For the 2000-2001 school year, the per pupil
30 amounts specified in subparagraphs (b), (c) and (d)
31 immediately above shall be increased to $1,230, $1,640,
32 and $2,050, respectively.
33 (3) School districts with an Average Daily Attendance of
34 more than 1,000 and less than 50,000 that qualify for
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1 supplemental general State aid pursuant to this subsection
2 shall submit a plan to the State Board of Education prior to
3 October 30 of each year for the use of the funds resulting
4 from this grant of supplemental general State aid for the
5 improvement of instruction in which priority is given to
6 meeting the education needs of disadvantaged children. Such
7 plan shall be submitted in accordance with rules and
8 regulations promulgated by the State Board of Education.
9 (4) School districts with an Average Daily Attendance of
10 50,000 or more that qualify for supplemental general State
11 aid pursuant to this subsection shall be required to
12 distribute from funds available pursuant to this Section, no
13 less than $261,000,000 in accordance with the following
14 requirements:
15 (a) The required amounts shall be distributed to
16 the attendance centers within the district in proportion
17 to the number of pupils enrolled at each attendance
18 center who are eligible to receive free or reduced-price
19 lunches or breakfasts under the federal Child Nutrition
20 Act of 1966 and under the National School Lunch Act
21 during the immediately preceding school year.
22 (b) The distribution of these portions of
23 supplemental and general State aid among attendance
24 centers according to these requirements shall not be
25 compensated for or contravened by adjustments of the
26 total of other funds appropriated to any attendance
27 centers, and the Board of Education shall utilize funding
28 from one or several sources in order to fully implement
29 this provision annually prior to the opening of school.
30 (c) Each attendance center shall be provided by the
31 school district a distribution of noncategorical funds
32 and other categorical funds to which an attendance center
33 is entitled under law in order that the general State aid
34 and supplemental general State aid provided by
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1 application of this subsection supplements rather than
2 supplants the noncategorical funds and other categorical
3 funds provided by the school district to the attendance
4 centers.
5 (d) Any funds made available under this subsection
6 that by reason of the provisions of this subsection are
7 not required to be allocated and provided to attendance
8 centers may be used and appropriated by the board of the
9 district for any lawful school purpose.
10 (e) Funds received by an attendance center pursuant
11 to this subsection shall be used by the attendance center
12 at the discretion of the principal and local school
13 council for programs to improve educational opportunities
14 at qualifying schools through the following programs and
15 services: early childhood education, reduced class size
16 or improved adult to student classroom ratio, enrichment
17 programs, remedial assistance, attendance improvement and
18 other educationally beneficial expenditures which
19 supplement the regular and basic programs as determined
20 by the State Board of Education. Funds provided shall
21 not be expended for any political or lobbying purposes as
22 defined by board rule.
23 (f) Each district subject to the provisions of this
24 subdivision (H)(4) shall submit an acceptable plan to
25 meet the educational needs of disadvantaged children, in
26 compliance with the requirements of this paragraph, to
27 the State Board of Education prior to July 15 of each
28 year. This plan shall be consistent with the decisions of
29 local school councils concerning the school expenditure
30 plans developed in accordance with part 4 of Section
31 34-2.3. The State Board shall approve or reject the plan
32 within 60 days after its submission. If the plan is
33 rejected, the district shall give written notice of
34 intent to modify the plan within 15 days of the
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1 notification of rejection and then submit a modified plan
2 within 30 days after the date of the written notice of
3 intent to modify. Districts may amend approved plans
4 pursuant to rules promulgated by the State Board of
5 Education.
6 Upon notification by the State Board of Education
7 that the district has not submitted a plan prior to July
8 15 or a modified plan within the time period specified
9 herein, the State aid funds affected by that plan or
10 modified plan shall be withheld by the State Board of
11 Education until a plan or modified plan is submitted.
12 If the district fails to distribute State aid to
13 attendance centers in accordance with an approved plan,
14 the plan for the following year shall allocate funds, in
15 addition to the funds otherwise required by this
16 subsection, to those attendance centers which were
17 underfunded during the previous year in amounts equal to
18 such underfunding.
19 For purposes of determining compliance with this
20 subsection in relation to the requirements of attendance
21 center funding, each district subject to the provisions
22 of this subsection shall submit as a separate document by
23 December 1 of each year a report of expenditure data for
24 the prior year in addition to any modification of its
25 current plan. If it is determined that there has been a
26 failure to comply with the expenditure provisions of this
27 subsection regarding contravention or supplanting, the
28 State Superintendent of Education shall, within 60 days
29 of receipt of the report, notify the district and any
30 affected local school council. The district shall within
31 45 days of receipt of that notification inform the State
32 Superintendent of Education of the remedial or corrective
33 action to be taken, whether by amendment of the current
34 plan, if feasible, or by adjustment in the plan for the
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1 following year. Failure to provide the expenditure
2 report or the notification of remedial or corrective
3 action in a timely manner shall result in a withholding
4 of the affected funds.
5 The State Board of Education shall promulgate rules
6 and regulations to implement the provisions of this
7 subsection. No funds shall be released under this
8 subdivision (H)(4) to any district that has not submitted
9 a plan that has been approved by the State Board of
10 Education.
11 (I) General State Aid for Newly Configured School Districts.
12 (1) For a new school district formed by combining
13 property included totally within 2 or more previously
14 existing school districts, for its first year of existence
15 the general State aid and supplemental general State aid
16 calculated under this Section shall be computed for the new
17 district and for the previously existing districts for which
18 property is totally included within the new district. If the
19 computation on the basis of the previously existing districts
20 is greater, a supplementary payment equal to the difference
21 shall be made for the first 4 years of existence of the new
22 district.
23 (2) For a school district which annexes all of the
24 territory of one or more entire other school districts, for
25 the first year during which the change of boundaries
26 attributable to such annexation becomes effective for all
27 purposes as determined under Section 7-9 or 7A-8, the general
28 State aid and supplemental general State aid calculated under
29 this Section shall be computed for the annexing district as
30 constituted after the annexation and for the annexing and
31 each annexed district as constituted prior to the annexation;
32 and if the computation on the basis of the annexing and
33 annexed districts as constituted prior to the annexation is
34 greater, a supplementary payment equal to the difference
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1 shall be made for the first 4 years of existence of the
2 annexing school district as constituted upon such annexation.
3 (3) For 2 or more school districts which annex all of
4 the territory of one or more entire other school districts,
5 and for 2 or more community unit districts which result upon
6 the division (pursuant to petition under Section 11A-2) of
7 one or more other unit school districts into 2 or more parts
8 and which together include all of the parts into which such
9 other unit school district or districts are so divided, for
10 the first year during which the change of boundaries
11 attributable to such annexation or division becomes effective
12 for all purposes as determined under Section 7-9 or 11A-10,
13 as the case may be, the general State aid and supplemental
14 general State aid calculated under this Section shall be
15 computed for each annexing or resulting district as
16 constituted after the annexation or division and for each
17 annexing and annexed district, or for each resulting and
18 divided district, as constituted prior to the annexation or
19 division; and if the aggregate of the general State aid and
20 supplemental general State aid as so computed for the
21 annexing or resulting districts as constituted after the
22 annexation or division is less than the aggregate of the
23 general State aid and supplemental general State aid as so
24 computed for the annexing and annexed districts, or for the
25 resulting and divided districts, as constituted prior to the
26 annexation or division, then a supplementary payment equal to
27 the difference shall be made and allocated between or among
28 the annexing or resulting districts, as constituted upon such
29 annexation or division, for the first 4 years of their
30 existence. The total difference payment shall be allocated
31 between or among the annexing or resulting districts in the
32 same ratio as the pupil enrollment from that portion of the
33 annexed or divided district or districts which is annexed to
34 or included in each such annexing or resulting district bears
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1 to the total pupil enrollment from the entire annexed or
2 divided district or districts, as such pupil enrollment is
3 determined for the school year last ending prior to the date
4 when the change of boundaries attributable to the annexation
5 or division becomes effective for all purposes. The amount
6 of the total difference payment and the amount thereof to be
7 allocated to the annexing or resulting districts shall be
8 computed by the State Board of Education on the basis of
9 pupil enrollment and other data which shall be certified to
10 the State Board of Education, on forms which it shall provide
11 for that purpose, by the regional superintendent of schools
12 for each educational service region in which the annexing and
13 annexed districts, or resulting and divided districts are
14 located.
15 (4) Any supplementary payment made under this subsection
16 (I) shall be treated as separate from all other payments made
17 pursuant to this Section.
18 (J) Supplementary Grants in Aid.
19 (1) Notwithstanding any other provisions of this
20 Section, the amount of the aggregate general State aid in
21 combination with supplemental general State aid under this
22 Section for which each school district is eligible for the
23 1998-1999 school year shall be no less than the amount of the
24 aggregate general State aid entitlement that was received by
25 the district under Section 18-8 (exclusive of amounts
26 received under subsections 5(p) and 5(p-5) of that Section)
27 for the 1997-98 school year, pursuant to the provisions of
28 that Section as it was then in effect. If a school district
29 qualifies to receive a supplementary payment made under this
30 subsection (J) for the 1998-1999 school year, the amount of
31 the aggregate general State aid in combination with
32 supplemental general State aid under this Section which that
33 district is eligible to receive for each school year
34 subsequent to the 1998-1999 school year shall be no less than
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1 the amount of the aggregate general State aid entitlement
2 that was received by the district under Section 18-8
3 (exclusive of amounts received under subsections 5(p) and
4 5(p-5) of that Section) for the 1997-1998 school year,
5 pursuant to the provisions of that Section as it was then in
6 effect.
7 (2) If, as provided in paragraph (1) of this subsection
8 (J), a school district is to receive aggregate general State
9 aid in combination with supplemental general State aid under
10 this Section for the 1998-99 school year, or for the 1998-99
11 school year and any subsequent school year, that in any such
12 school year is less than the amount of the aggregate general
13 State aid entitlement that the district received for the
14 1997-98 school year, the school district shall also receive,
15 from a separate appropriation made for purposes of this
16 subsection (J), a supplementary payment that is equal to the
17 amount of the difference in the aggregate State aid figures
18 as described in paragraph (1).
19 (3) If the amount appropriated for supplementary
20 payments to school districts under this subsection (J) is
21 insufficient for that purpose, the supplementary payments
22 that districts are to receive under this subsection shall be
23 prorated according to the aggregate amount of the
24 appropriation made for purposes of this subsection.
25 (K) Grants to Laboratory and Alternative Schools.
26 In calculating the amount to be paid to the governing
27 board of a public university that operates a laboratory
28 school under this Section or to any alternative school that
29 is operated by a regional superintendent, the State Board of
30 Education shall require by rule such reporting requirements
31 as it deems necessary.
32 As used in this Section, "laboratory school" means a
33 public school which is created and operated by a public
34 university and approved by the State Board of Education. The
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1 governing board of a public university which receives funds
2 from the State Board under this subsection (K) may not
3 increase the number of students enrolled in its laboratory
4 school from a single district, if that district is already
5 sending 50 or more students, except under a mutual agreement
6 between the school board of a student's district of residence
7 and the university which operates the laboratory school. A
8 laboratory school may not have more than 1,000 students,
9 excluding students with disabilities in a special education
10 program.
11 As used in this Section, "alternative school" means a
12 public school which is created and operated by a Regional
13 Superintendent of Schools and approved by the State Board of
14 Education. Such alternative schools may offer courses of
15 instruction for which credit is given in regular school
16 programs, courses to prepare students for the high school
17 equivalency testing program or vocational and occupational
18 training.
19 Each laboratory and alternative school shall file, on
20 forms provided by the State Superintendent of Education, an
21 annual State aid claim which states the Average Daily
22 Attendance of the school's students by month. The best 3
23 months' Average Daily Attendance shall be computed for each
24 school. The general State aid entitlement shall be computed
25 by multiplying the applicable Average Daily Attendance by the
26 Foundation Level as determined under this Section.
27 (L) Payments, Additional Grants in Aid and Other
28 Requirements.
29 (1) For a school district operating under the financial
30 supervision of an Authority created under Article 34A, the
31 general State aid otherwise payable to that district under
32 this Section, but not the supplemental general State aid,
33 shall be reduced by an amount equal to the budget for the
34 operations of the Authority as certified by the Authority to
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1 the State Board of Education, and an amount equal to such
2 reduction shall be paid to the Authority created for such
3 district for its operating expenses in the manner provided in
4 Section 18-11. The remainder of general State school aid for
5 any such district shall be paid in accordance with Article
6 34A when that Article provides for a disposition other than
7 that provided by this Article.
8 (2) Impaction. Impaction payments shall be made as
9 provided for in Section 18-4.2.
10 (3) Summer school. Summer school payments shall be made
11 as provided in Section 18-4.3.
12 (M) Education Funding Advisory Board.
13 The Education Funding Advisory Board, hereinafter in this
14 subsection (M) referred to as the "Board", is hereby created.
15 The Board shall consist of 5 members who are appointed by the
16 Governor, by and with the advice and consent of the Senate.
17 The members appointed shall include representatives of
18 education, business, and the general public. One of the
19 members so appointed shall be designated by the Governor at
20 the time the appointment is made as the chairperson of the
21 Board. The initial members of the Board may be appointed any
22 time after the effective date of this amendatory Act of 1997.
23 The regular term of each member of the Board shall be for 4
24 years from the third Monday of January of the year in which
25 the term of the member's appointment is to commence, except
26 that of the 5 initial members appointed to serve on the
27 Board, the member who is appointed as the chairperson shall
28 serve for a term that commences on the date of his or her
29 appointment and expires on the third Monday of January, 2002,
30 and the remaining 4 members, by lots drawn at the first
31 meeting of the Board that is held after all 5 members are
32 appointed, shall determine 2 of their number to serve for
33 terms that commence on the date of their respective
34 appointments and expire on the third Monday of January, 2001,
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1 and 2 of their number to serve for terms that commence on the
2 date of their respective appointments and expire on the third
3 Monday of January, 2000. All members appointed to serve on
4 the Board shall serve until their respective successors are
5 appointed and confirmed. Vacancies shall be filled in the
6 same manner as original appointments. If a vacancy in
7 membership occurs at a time when the Senate is not in
8 session, the Governor shall make a temporary appointment
9 until the next meeting of the Senate, when he or she shall
10 appoint, by and with the advice and consent of the Senate, a
11 person to fill that membership for the unexpired term. If
12 the Senate is not in session when the initial appointments
13 are made, those appointments shall be made as in the case of
14 vacancies.
15 The Education Funding Advisory Board shall be deemed
16 established, and the initial members appointed by the
17 Governor to serve as members of the Board shall take office,
18 on the date that the Governor makes his or her appointment of
19 the fifth initial member of the Board, whether those initial
20 members are then serving pursuant to appointment and
21 confirmation or pursuant to temporary appointments that are
22 made by the Governor as in the case of vacancies.
23 The State Board of Education shall provide such staff
24 assistance to the Education Funding Advisory Board as is
25 reasonably required for the proper performance by the Board
26 of its responsibilities.
27 For school years after the 2000-2001 school year, the
28 Education Funding Advisory Board, in consultation with the
29 State Board of Education, shall make recommendations as
30 provided in this subsection (M) to the General Assembly for
31 the foundation level under subdivision (B)(3) of this Section
32 and for the supplemental general State aid grant level under
33 subsection (H) of this Section for districts with high
34 concentrations of children from poverty. The recommended
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1 foundation level shall be determined based on a methodology
2 which incorporates the basic education expenditures of
3 low-spending schools exhibiting high academic performance.
4 The Education Funding Advisory Board shall make such
5 recommendations to the General Assembly on January 1 of odd
6 numbered years, beginning January 1, 2001.
7 (N) General State Aid Adjustment Grant.
8 (1) Any school district subject to property tax
9 extension limitations as imposed under the provisions of the
10 Property Tax Extension Limitation Law shall be entitled to
11 receive, subject to the qualifications and requirements of
12 this subsection, a general State aid adjustment grant.
13 Eligibility for this grant shall be determined on an annual
14 basis and claims for grant payments shall be paid subject to
15 appropriations made specific to this subsection. For
16 purposes of this subsection the following terms shall have
17 the following meanings:
18 "Budget Year": The school year for which general State
19 aid is calculated and awarded under subsection (E).
20 "Current Year": The school year immediately preceding
21 the Budget Year.
22 "Base Tax Year": The property tax levy year used to
23 calculate the Budget Year allocation of general State aid.
24 "Preceding Tax Year": The property tax levy year
25 immediately preceding the Base Tax Year.
26 "Extension Limitation Ratio": A numerical ratio,
27 certified by a school district's County Clerk, in which the
28 numerator is the Base Tax Year's tax extension amount
29 resulting from the Operating Tax Rate and the denominator is
30 the Preceding Tax Year's tax extension amount resulting from
31 the Operating Tax Rate.
32 "Operating Tax Rate": The operating tax rate as defined
33 in subsection (A).
34 (2) To qualify for a general State aid adjustment grant,
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1 a school district must meet all of the following eligibility
2 criteria for each Budget Year for which a grant is claimed:
3 (a) The Operating Tax Rate of the school district
4 in the Preceding Tax Year was at least 3.00% in the case
5 of a school district maintaining grades kindergarten
6 through 12, at least 2.30% in the case of a school
7 district maintaining grades kindergarten through 8, or at
8 least 1.41% in the case of a school district maintaining
9 grades 9 through 12.
10 (b) The Operating Tax Rate of the school district
11 for the Base Tax Year was reduced by the Clerk of the
12 County as a result of the requirements of the Property
13 Tax Extension Limitation Law.
14 (c) The Available Local Resources per pupil of the
15 school district as calculated pursuant to subsection (D)
16 using the Base Tax Year are less than the product of 1.75
17 times the Foundation Level for the Budget Year.
18 (d) The school district has filed a proper and
19 timely claim for a general State aid adjustment grant as
20 required under this subsection.
21 (3) A claim for grant assistance under this subsection
22 shall be filed with the State Board of Education on or before
23 January 1 of the Current Year for a grant for the Budget
24 Year. The claim shall be made on forms prescribed by the
25 State Board of Education and must be accompanied by a written
26 statement from the Clerk of the County, certifying:
27 (a) That the school district has its extension for
28 the Base Tax Year reduced as a result of the Property Tax
29 Extension Limitation Law.
30 (b) That the Operating Tax Rate of the school
31 district for the Preceding Tax Year met the tax rate
32 requirements of subdivision (N)(2) of this Section.
33 (c) The Extension Limitation Ratio as that term is
34 defined in this subsection.
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1 (4) On or before August 1 of the Budget Year the State
2 Board of Education shall calculate, for all school districts
3 meeting the other requirements of this subsection, the amount
4 of the general State aid adjustment grant, if any, that the
5 school districts are eligible to receive in the Budget Year.
6 The amount of the general State aid adjustment grant shall be
7 calculated as follows:
8 (a) Determine the school district's general State
9 aid grant for the Budget Year as provided in accordance
10 with the provisions of subsection (E).
11 (b) Determine the school district's adjusted level
12 of general State aid by utilizing in the calculation of
13 Available Local Resources an equalized assessed valuation
14 that is the equalized assessed valuation of the Preceding
15 Tax Year multiplied by the Extension Limitation Ratio.
16 (c) Subtract the sum derived in subparagraph (a)
17 from the sum derived in subparagraph (b). If the result
18 is a positive number, that amount shall be the general
19 State aid adjustment grant that the district is eligible
20 to receive.
21 (5) The State Board of Education shall in the Current
22 Year, based upon claims filed in the Current Year, recommend
23 to the General Assembly an appropriation amount for the
24 general State aid adjustment grants to be made in the Budget
25 Year.
26 (6) Claims for general State aid adjustment grants shall
27 be paid in a lump sum on or before January 1 of the Budget
28 Year only from appropriations made by the General Assembly
29 expressly for claims under this subsection. No such claims
30 may be paid from amounts appropriated for any other purpose
31 provided for under this Section. In the event that the
32 appropriation for claims under this subsection is
33 insufficient to meet all Budget Year claims for a general
34 State aid adjustment grant, the appropriation available shall
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1 be proportionately prorated by the State Board of Education
2 amongst all districts filing for and entitled to payments.
3 (7) The State Board of Education shall promulgate the
4 required claim forms and rules necessary to implement the
5 provisions of this subsection.
6 (O) References.
7 (1) References in other laws to the various subdivisions
8 of Section 18-8 as that Section existed before its repeal and
9 replacement by this Section 18-8.05 shall be deemed to refer
10 to the corresponding provisions of this Section 18-8.05, to
11 the extent that those references remain applicable.
12 (2) References in other laws to State Chapter 1 funds
13 shall be deemed to refer to the supplemental general State
14 aid provided under subsection (H) of this Section.
15 (Source: P.A. 90-548, eff. 7-1-98.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law, except that the provisions changing Section
18 18-8.05 take effect July 1, 1998.".