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90_SB1327
105 ILCS 5/18-8.05
Amends the School Code. In the State aid formula
applicable to the 1998-99 and subsequent school years,
provides that for purposes of computing general State aid of
a school district or the general State aid entitlement of a
laboratory or alternative school, the average daily
attendance of all pupils in grades 9 through 12 shall be
multiplied by 1.25. Makes other related changes. Effective
July 1, 1998.
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1 AN ACT to amend the School Code by changing Section
2 18-8.05.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Section 18-8.05 as follows:
7 (105 ILCS 5/18-8.05)
8 (This Section may contain text from a Public Act with a
9 delayed effective date.)
10 Sec. 18-8.05. Basis for apportionment of general State
11 financial aid and supplemental general State aid to the
12 common schools for the 1998-1999 and subsequent school years.
13 (A) General Provisions.
14 (1) The provisions of this Section apply to the
15 1998-1999 and subsequent school years. The system of general
16 State financial aid provided for in this Section is designed
17 to assure that, through a combination of State financial aid
18 and required local resources, the financial support provided
19 each pupil in Average Daily Attendance equals or exceeds a
20 prescribed per pupil Foundation Level. This formula approach
21 imputes a level of per pupil Available Local Resources and
22 provides for the basis to calculate a per pupil level of
23 general State financial aid that, when added to Available
24 Local Resources, equals or exceeds the Foundation Level. The
25 amount of per pupil general State financial aid for school
26 districts, in general, varies in inverse relation to
27 Available Local Resources. Per pupil amounts are based upon
28 each school district's Average Daily Attendance as that term
29 is defined in this Section, provided that with respect to a
30 school district or laboratory or alternative school in which
31 any of grades 9 through 12 are maintained, in determining the
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1 Weighted Average Daily Attendance of that school district or
2 school for purposes of computing general State aid under
3 subsection (E) or the general State aid entitlement under
4 subsection (K), the Average Daily Attendance of all pupils in
5 grades 9 through 12 shall be multiplied by 1.25.
6 (2) In addition to general State financial aid, school
7 districts with specified levels or concentrations of pupils
8 from low income households are eligible to receive
9 supplemental general State financial aid grants as provided
10 pursuant to subsection (H). The supplemental State aid grants
11 provided for school districts under subsection (H) shall be
12 appropriated for distribution to school districts as part of
13 the same line item in which the general State financial aid
14 of school districts is appropriated under this Section.
15 (3) To receive financial assistance under this Section,
16 school districts are required to file claims with the State
17 Board of Education, subject to the following requirements:
18 (a) Any school district which fails for any given
19 school year to maintain school as required by law, or to
20 maintain a recognized school is not eligible to file for
21 such school year any claim upon the Common School Fund.
22 In case of nonrecognition of one or more attendance
23 centers in a school district otherwise operating
24 recognized schools, the claim of the district shall be
25 reduced in the proportion which the Average Daily
26 Attendance in the attendance center or centers bear to
27 the Average Daily Attendance in the school district. A
28 "recognized school" means any public school which meets
29 the standards as established for recognition by the State
30 Board of Education. A school district or attendance
31 center not having recognition status at the end of a
32 school term is entitled to receive State aid payments due
33 upon a legal claim which was filed while it was
34 recognized.
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1 (b) School district claims filed under this Section
2 are subject to Sections 18-9, 18-10, and 18-12, except as
3 otherwise provided in this Section.
4 (c) If a school district operates a full year
5 school under Section 10-19.1, the general State aid to
6 the school district shall be determined by the State
7 Board of Education in accordance with this Section as
8 near as may be applicable.
9 (d) Claims for financial assistance under this
10 Section shall not be recomputed except as expressly
11 provided under this Section.
12 (4) Except as provided in subsections (H) and (L), the
13 board of any district receiving any of the grants provided
14 for in this Section may apply those funds to any fund so
15 received for which that board is authorized to make
16 expenditures by law.
17 School districts are not required to exert a minimum
18 Operating Tax Rate in order to qualify for assistance under
19 this Section.
20 (5) As used in this Section the following terms, when
21 capitalized, shall have the meaning ascribed herein:
22 (a) "Average Daily Attendance": A count of pupil
23 attendance in school, averaged as provided for in
24 subsection (C) and utilized in deriving per pupil
25 financial support levels.
26 (b) "Available Local Resources": A computation of
27 local financial support, calculated on the basis Average
28 Daily Attendance and derived as provided pursuant to
29 subsection (D).
30 (c) "Corporate Personal Property Replacement
31 Taxes": Funds paid to local school districts pursuant to
32 "An Act in relation to the abolition of ad valorem
33 personal property tax and the replacement of revenues
34 lost thereby, and amending and repealing certain Acts and
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1 parts of Acts in connection therewith", certified August
2 14, 1979, as amended (Public Act 81-1st S.S.-1).
3 (d) "Foundation Level": A prescribed level of per
4 pupil financial support as provided for in subsection
5 (B).
6 (e) "Operating Tax Rate": All school district
7 property taxes extended for all purposes, except
8 community college educational purposes for the payment of
9 tuition under Section 6-1 of the Public Community College
10 Act, Bond and Interest, Summer School, Rent, Capital
11 Improvement, and Vocational Education Building purposes.
12 (f) "Weighted Average Daily Attendance": A student
13 count (i) that reflects Average Daily Attendance as
14 increased by multiplying the Average Daily Attendance of
15 all pupils in grades 9 through 12 by a weighting factor
16 of 1.25, and (ii) that is utilized to compute the general
17 State aid of school districts under subsection (E) and
18 the State aid entitlement of a laboratory or alternative
19 school under subsection (K); provided that in a school
20 district that does not maintain any of grades 9 through
21 12, Weighted Average Daily Attendance means Average Daily
22 Attendance.
23 (B) Foundation Level.
24 (1) The Foundation Level is a figure established by the
25 State representing the minimum level of per pupil financial
26 support that should be available to provide for the basic
27 education of each pupil in Average Daily Attendance. As set
28 forth in this Section, each school district is assumed to
29 exert a sufficient local taxing effort such that, in
30 combination with the aggregate of general State financial aid
31 provided the district, an aggregate of State and local
32 resources are available to meet the basic education needs of
33 pupils in the district.
34 (2) For the 1998-1999 school year, the Foundation Level
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1 of support is $4,225. For the 1999-2000 school year, the
2 Foundation Level of support is $4,325. For the 2000-2001
3 school year, the Foundation Level of support is $4,425.
4 (3) For the 2001-2002 school year and each school year
5 thereafter, the Foundation Level of support is $4,425 or such
6 greater amount as may be established by law by the General
7 Assembly.
8 (C) Average Daily Attendance and Weighted Average Daily
9 Attendance.
10 (1) For purposes of calculating general State aid
11 pursuant to subsection (E), a Weighted an Average Daily
12 Attendance figure shall be utilized. The Weighted Average
13 Daily Attendance figure shall reflect an Average Daily
14 Attendance figure as increased by multiplying the Average
15 Daily Attendance of all pupils in grades 9 through 12 by a
16 weighting factor of 1.25. The Average Daily Attendance figure
17 for formula calculation purposes shall be the monthly average
18 of the actual number of pupils in attendance of each school
19 district, as further averaged for the best 3 months of pupil
20 attendance for each school district. However, for any school
21 district maintaining grades kindergarten through 12, the
22 Average Daily Attendance shall be computed on the average of
23 the best 3 months of pupil attendance in grades kindergarten
24 through 8, added together with the average of the best 3
25 months of pupil attendance in grades 9 through 12. In
26 compiling the figures for the number of pupils in attendance,
27 school districts and the State Board of Education shall, for
28 purposes of general State aid funding, conform attendance
29 figures to the requirements of subsection (F).
30 (2) The Weighted Average Daily Attendance figures
31 utilized in subsection (E) shall be based upon the requisite
32 attendance data for the school year immediately preceding the
33 school year for which general State aid is being calculated.
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1 (D) Available Local Resources.
2 (1) For purposes of calculating general State aid
3 pursuant to subsection (E), a representation of Available
4 Local Resources per pupil, as that term is defined and
5 determined in this subsection, shall be utilized. Available
6 Local Resources per pupil shall include a calculated dollar
7 amount representing local school district revenues from local
8 property taxes and from Corporate Personal Property
9 Replacement Taxes, expressed on the basis of pupils in
10 Average Daily Attendance.
11 (2) In determining a school district's revenue from
12 local property taxes, the State Board of Education shall
13 utilize the equalized assessed valuation of all taxable
14 property of each school district as of September 30 of the
15 previous year. The equalized assessed valuation utilized
16 shall be obtained and determined as provided in subsection
17 (G).
18 (3) For school districts maintaining grades kindergarten
19 through 12, local property tax revenues per pupil shall be
20 calculated as the product of the applicable equalized
21 assessed valuation for the district multiplied by 3.00%, and
22 divided by the district's Average Daily Attendance figure.
23 For school districts maintaining grades kindergarten through
24 8, local property tax revenues per pupil shall be calculated
25 as the product of the applicable equalized assessed valuation
26 for the district multiplied by 2.30%, and divided by the
27 district's Average Daily Attendance figure. For school
28 districts maintaining grades 9 through 12, local property tax
29 revenues per pupil shall be the applicable equalized assessed
30 valuation of the district multiplied by 1.20%, and divided by
31 the district's Average Daily Attendance figure.
32 (4) The Corporate Personal Property Replacement Taxes
33 paid to each school district during the calendar year 2 years
34 before the calendar year in which a school year begins,
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1 divided by the Average Daily Attendance figure for that
2 district, shall be added to the local property tax revenues
3 per pupil as derived by the application of the immediately
4 preceding paragraph (3). The sum of these per pupil figures
5 for each school district shall constitute Available Local
6 Resources as that term is utilized in subsection (E) in the
7 calculation of general State aid.
8 (E) Computation of General State Aid.
9 (1) For each school year, the amount of general State
10 aid allotted to a school district shall be computed by the
11 State Board of Education as provided in this subsection.
12 (2) For any school district for which Available Local
13 Resources per pupil is less than the product of 0.93 times
14 the Foundation Level, general State aid for that district
15 shall be calculated as an amount equal to the Foundation
16 Level minus Available Local Resources, multiplied by the
17 Weighted Average Daily Attendance of the school district.
18 (3) For any school district for which Available Local
19 Resources per pupil is equal to or greater than the product
20 of 0.93 times the Foundation Level and less than the product
21 of 1.75 times the Foundation Level, the general State aid per
22 pupil shall be a decimal proportion of the Foundation Level
23 derived using a linear algorithm. Under this linear
24 algorithm, the calculated general State aid per pupil shall
25 decline in direct linear fashion from 0.07 times the
26 Foundation Level for a school district with Available Local
27 Resources equal to the product of 0.93 times the Foundation
28 Level, to 0.05 times the Foundation Level for a school
29 district with Available Local Resources equal to the product
30 of 1.75 times the Foundation Level. The allocation of
31 general State aid for school districts subject to this
32 paragraph 3 shall be the calculated general State aid per
33 pupil figure multiplied by the Weighted Average Daily
34 Attendance of the school district.
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1 (4) For any school district for which Available Local
2 Resources per pupil equals or exceeds the product of 1.75
3 times the Foundation Level, the general State aid for the
4 school district shall be calculated as the product of $218
5 multiplied by the Weighted Average Daily Attendance of the
6 school district.
7 (F) Compilation of Average Daily Attendance.
8 (1) Each school district shall, by July 1 of each year,
9 submit to the State Board of Education, on forms prescribed
10 by the State Board of Education, attendance figures for the
11 school year that began in the preceding calendar year. The
12 attendance information so transmitted shall identify the
13 average daily attendance figures for each month of the school
14 year, except that any days of attendance in August shall be
15 added to the month of September and any days of attendance in
16 June shall be added to the month of May.
17 Except as otherwise provided in this Section, days of
18 attendance by pupils shall be counted only for sessions of
19 not less than 5 clock hours of school work per day under
20 direct supervision of: (i) teachers, or (ii) non-teaching
21 personnel or volunteer personnel when engaging in
22 non-teaching duties and supervising in those instances
23 specified in subsection (a) of Section 10-22.34 and paragraph
24 10 of Section 34-18, with pupils of legal school age and in
25 kindergarten and grades 1 through 12.
26 Days of attendance by tuition pupils shall be accredited
27 only to the districts that pay the tuition to a recognized
28 school.
29 (2) Days of attendance by pupils of less than 5 clock
30 hours of school shall be subject to the following provisions
31 in the compilation of Average Daily Attendance.
32 (a) Pupils regularly enrolled in a public school
33 for only a part of the school day may be counted on the
34 basis of 1/6 day for every class hour of instruction of
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1 40 minutes or more attended pursuant to such enrollment.
2 (b) Days of attendance may be less than 5 clock
3 hours on the opening and closing of the school term, and
4 upon the first day of pupil attendance, if preceded by a
5 day or days utilized as an institute or teachers'
6 workshop.
7 (c) A session of 4 or more clock hours may be
8 counted as a day of attendance upon certification by the
9 regional superintendent, and approved by the State
10 Superintendent of Education to the extent that the
11 district has been forced to use daily multiple sessions.
12 (d) A session of 3 or more clock hours may be
13 counted as a day of attendance (1) when the remainder of
14 the school day or at least 2 hours in the evening of that
15 day is utilized for an in-service training program for
16 teachers, up to a maximum of 5 days per school year of
17 which a maximum of 4 days of such 5 days may be used for
18 parent-teacher conferences, provided a district conducts
19 an in-service training program for teachers which has
20 been approved by the State Superintendent of Education;
21 or, in lieu of 4 such days, 2 full days may be used, in
22 which event each such day may be counted as a day of
23 attendance; and (2) when days in addition to those
24 provided in item (1) are scheduled by a school pursuant
25 to its school improvement plan adopted under Article 34
26 or its revised or amended school improvement plan adopted
27 under Article 2, provided that (i) such sessions of 3 or
28 more clock hours are scheduled to occur at regular
29 intervals, (ii) the remainder of the school days in which
30 such sessions occur are utilized for in-service training
31 programs or other staff development activities for
32 teachers, and (iii) a sufficient number of minutes of
33 school work under the direct supervision of teachers are
34 added to the school days between such regularly scheduled
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1 sessions to accumulate not less than the number of
2 minutes by which such sessions of 3 or more clock hours
3 fall short of 5 clock hours. Any full days used for the
4 purposes of this paragraph shall not be considered for
5 computing average daily attendance. Days scheduled for
6 in-service training programs, staff development
7 activities, or parent-teacher conferences may be
8 scheduled separately for different grade levels and
9 different attendance centers of the district.
10 (e) A session of not less than one clock hour
11 teaching of hospitalized or homebound pupils on-site or
12 by telephone to the classroom may be counted as 1/2 day
13 of attendance, however these pupils must receive 4 or
14 more clock hours of instruction to be counted for a full
15 day of attendance.
16 (f) A session of at least 4 clock hours may be
17 counted as a day of attendance for first grade pupils,
18 and pupils in full day kindergartens, and a session of 2
19 or more hours may be counted as 1/2 day of attendance by
20 pupils in kindergartens which provide only 1/2 day of
21 attendance.
22 (g) For children with disabilities who are below
23 the age of 6 years and who cannot attend 2 or more clock
24 hours because of their disability or immaturity, a
25 session of not less than one clock hour may be counted as
26 1/2 day of attendance; however for such children whose
27 educational needs so require a session of 4 or more clock
28 hours may be counted as a full day of attendance.
29 (h) A recognized kindergarten which provides for
30 only 1/2 day of attendance by each pupil shall not have
31 more than 1/2 day of attendance counted in any 1 day.
32 However, kindergartens may count 2 1/2 days of attendance
33 in any 5 consecutive school days. When a pupil attends
34 such a kindergarten for 2 half days on any one school
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1 day, the pupil shall have the following day as a day
2 absent from school, unless the school district obtains
3 permission in writing from the State Superintendent of
4 Education. Attendance at kindergartens which provide for
5 a full day of attendance by each pupil shall be counted
6 the same as attendance by first grade pupils. Only the
7 first year of attendance in one kindergarten shall be
8 counted, except in case of children who entered the
9 kindergarten in their fifth year whose educational
10 development requires a second year of kindergarten as
11 determined under the rules and regulations of the State
12 Board of Education.
13 (G) Equalized Assessed Valuation Data.
14 (1) For purposes of the calculation of Available Local
15 Resources required pursuant to subsection (D), the State
16 Board of Education shall secure from the Department of
17 Revenue the value as equalized or assessed by the Department
18 of Revenue of all taxable property of every school district
19 together with the applicable tax rate used in extending taxes
20 for the funds of the district as of September 30 of the
21 previous year.
22 This equalized assessed valuation, as adjusted further by
23 the requirements of this subsection, shall be utilized in the
24 calculation of Available Local Resources.
25 (2) The equalized assessed valuation in paragraph (1)
26 shall be adjusted, as applicable, in the following manner:
27 (a) For the purposes of calculating State aid under
28 this Section, with respect to any part of a school
29 district within a redevelopment project area in respect
30 to which a municipality has adopted tax increment
31 allocation financing pursuant to the Tax Increment
32 Allocation Redevelopment Act, Sections 11-74.4-1 through
33 11-74.4-11 of the Illinois Municipal Code or the
34 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
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1 11-74.6-50 of the Illinois Municipal Code, no part of the
2 current equalized assessed valuation of real property
3 located in any such project area which is attributable to
4 an increase above the total initial equalized assessed
5 valuation of such property shall be used as part of the
6 equalized assessed valuation of the district, until such
7 time as all redevelopment project costs have been paid,
8 as provided in Section 11-74.4-8 of the Tax Increment
9 Allocation Redevelopment Act or in Section 11-74.6-35 of
10 the Industrial Jobs Recovery Law. For the purpose of the
11 equalized assessed valuation of the district, the total
12 initial equalized assessed valuation or the current
13 equalized assessed valuation, whichever is lower, shall
14 be used until such time as all redevelopment project
15 costs have been paid.
16 (b) The real property equalized assessed valuation
17 for a school district shall be adjusted by subtracting
18 from the real property value as equalized or assessed by
19 the Department of Revenue for the district an amount
20 computed by dividing the amount of any abatement of taxes
21 under Section 18-170 of the Property Tax Code by 3.00%
22 for a district maintaining grades kindergarten through 12
23 or by 2.30% for a district maintaining grades
24 kindergarten through 8, or by 1.20% for a district
25 maintaining grades 9 through 12 and adjusted by an amount
26 computed by dividing the amount of any abatement of taxes
27 under subsection (a) of Section 18-165 of the Property
28 Tax Code by the same percentage rates for district type
29 as specified in this subparagraph (c).
30 (H) Supplemental General State Aid.
31 (1) In addition to the general State aid a school
32 district is allotted pursuant to subsection (E), qualifying
33 school districts shall receive a grant, paid in conjunction
34 with a district's payments of general State aid, for
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1 supplemental general State aid based upon the concentration
2 level of children from low-income households within the
3 school district. Supplemental State aid grants provided for
4 school districts under this subsection shall be appropriated
5 for distribution to school districts as part of the same line
6 item in which the general State financial aid of school
7 districts is appropriated under this Section. For purposes of
8 this subsection, the term "Low-Income Concentration Level"
9 shall be the low-income eligible pupil count from the most
10 recently available federal census divided by the Average
11 Daily Attendance of the school district.
12 (2) Supplemental general State aid pursuant to this
13 subsection shall be provided as follows:
14 (a) For any school district with a Low Income
15 Concentration Level of at least 20% and less than 35%,
16 the grant for any school year shall be $800 multiplied by
17 the low income eligible pupil count.
18 (b) For any school district with a Low Income
19 Concentration Level of at least 35% and less than 50%,
20 the grant for the 1998-1999 school year shall be $1,100
21 multiplied by the low income eligible pupil count.
22 (c) For any school district with a Low Income
23 Concentration Level of at least 50% and less than 60%,
24 the grant for the 1998-99 school year shall be $1,500
25 multiplied by the low income eligible pupil count.
26 (d) For any school district with a Low Income
27 Concentration Level of 60% or more, the grant for the
28 1998-99 school year shall be $1,900 multiplied by the low
29 income eligible pupil count.
30 (e) For the 1999-2000 school year, the per pupil
31 amount specified in subparagraphs (b), (c), and (d),
32 immediately above shall be increased by $100 to $1,200,
33 $1,600, and $2,000, respectively.
34 (f) For the 2000-2001 school year, the per pupil
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1 amounts specified in subparagraphs (b), (c) and (d)
2 immediately above shall be increased to $1,230, $1,640,
3 and $2,050, respectively.
4 (3) School districts with an Average Daily Attendance of
5 more than 1,000 and less than 50,000 that qualify for
6 supplemental general State aid pursuant to this subsection
7 shall submit a plan to the State Board of Education prior to
8 October 30 of each year for the use of the funds resulting
9 from this grant of supplemental general State aid for the
10 improvement of instruction in which priority is given to
11 meeting the education needs of disadvantaged children. Such
12 plan shall be submitted in accordance with rules and
13 regulations promulgated by the State Board of Education.
14 (4) School districts with an Average Daily Attendance of
15 50,000 or more that qualify for supplemental general State
16 aid pursuant to this subsection shall be required to
17 distribute from funds available pursuant to this Section, no
18 less than $261,000,000 in accordance with the following
19 requirements:
20 (a) The required amounts shall be distributed to
21 the attendance centers within the district in proportion
22 to the number of pupils enrolled at each attendance
23 center who are eligible to receive free or reduced-price
24 lunches or breakfasts under the federal Child Nutrition
25 Act of 1966 and under the National School Lunch Act
26 during the immediately preceding school year.
27 (b) The distribution of these portions of
28 supplemental and general State aid among attendance
29 centers according to these requirements shall not be
30 compensated for or contravened by adjustments of the
31 total of other funds appropriated to any attendance
32 centers, and the Board of Education shall utilize funding
33 from one or several sources in order to fully implement
34 this provision annually prior to the opening of school.
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1 (c) Each attendance center shall be provided by the
2 school district a distribution of noncategorical funds
3 and other categorical funds to which an attendance center
4 is entitled under law in order that the general State aid
5 and supplemental general State aid provided by
6 application of this subsection supplements rather than
7 supplants the noncategorical funds and other categorical
8 funds provided by the school district to the attendance
9 centers.
10 (d) Any funds made available under this subsection
11 that by reason of the provisions of this subsection are
12 not required to be allocated and provided to attendance
13 centers may be used and appropriated by the board of the
14 district for any lawful school purpose.
15 (e) Funds received by an attendance center pursuant
16 to this subsection shall be used by the attendance center
17 at the discretion of the principal and local school
18 council for programs to improve educational opportunities
19 at qualifying schools through the following programs and
20 services: early childhood education, reduced class size
21 or improved adult to student classroom ratio, enrichment
22 programs, remedial assistance, attendance improvement and
23 other educationally beneficial expenditures which
24 supplement the regular and basic programs as determined
25 by the State Board of Education. Funds provided shall
26 not be expended for any political or lobbying purposes as
27 defined by board rule.
28 (f) Each district subject to the provisions of this
29 subdivision (H)(4) shall submit an acceptable plan to
30 meet the educational needs of disadvantaged children, in
31 compliance with the requirements of this paragraph, to
32 the State Board of Education prior to July 15 of each
33 year. This plan shall be consistent with the decisions of
34 local school councils concerning the school expenditure
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1 plans developed in accordance with part 4 of Section
2 34-2.3. The State Board shall approve or reject the plan
3 within 60 days after its submission. If the plan is
4 rejected, the district shall give written notice of
5 intent to modify the plan within 15 days of the
6 notification of rejection and then submit a modified plan
7 within 30 days after the date of the written notice of
8 intent to modify. Districts may amend approved plans
9 pursuant to rules promulgated by the State Board of
10 Education.
11 Upon notification by the State Board of Education
12 that the district has not submitted a plan prior to July
13 15 or a modified plan within the time period specified
14 herein, the State aid funds affected by that plan or
15 modified plan shall be withheld by the State Board of
16 Education until a plan or modified plan is submitted.
17 If the district fails to distribute State aid to
18 attendance centers in accordance with an approved plan,
19 the plan for the following year shall allocate funds, in
20 addition to the funds otherwise required by this
21 subsection, to those attendance centers which were
22 underfunded during the previous year in amounts equal to
23 such underfunding.
24 For purposes of determining compliance with this
25 subsection in relation to the requirements of attendance
26 center funding, each district subject to the provisions
27 of this subsection shall submit as a separate document by
28 December 1 of each year a report of expenditure data for
29 the prior year in addition to any modification of its
30 current plan. If it is determined that there has been a
31 failure to comply with the expenditure provisions of this
32 subsection regarding contravention or supplanting, the
33 State Superintendent of Education shall, within 60 days
34 of receipt of the report, notify the district and any
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1 affected local school council. The district shall within
2 45 days of receipt of that notification inform the State
3 Superintendent of Education of the remedial or corrective
4 action to be taken, whether by amendment of the current
5 plan, if feasible, or by adjustment in the plan for the
6 following year. Failure to provide the expenditure
7 report or the notification of remedial or corrective
8 action in a timely manner shall result in a withholding
9 of the affected funds.
10 The State Board of Education shall promulgate rules
11 and regulations to implement the provisions of this
12 subsection. No funds shall be released under this
13 subdivision (H)(4) to any district that has not submitted
14 a plan that has been approved by the State Board of
15 Education.
16 (I) General State Aid for Newly Configured School Districts.
17 (1) For a new school district formed by combining
18 property included totally within 2 or more previously
19 existing school districts, for its first year of existence
20 the general State aid and supplemental general State aid
21 calculated under this Section shall be computed for the new
22 district and for the previously existing districts for which
23 property is totally included within the new district. If the
24 computation on the basis of the previously existing districts
25 is greater, a supplementary payment equal to the difference
26 shall be made for the first 4 years of existence of the new
27 district.
28 (2) For a school district which annexes all of the
29 territory of one or more entire other school districts, for
30 the first year during which the change of boundaries
31 attributable to such annexation becomes effective for all
32 purposes as determined under Section 7-9 or 7A-8, the general
33 State aid and supplemental general State aid calculated under
34 this Section shall be computed for the annexing district as
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1 constituted after the annexation and for the annexing and
2 each annexed district as constituted prior to the annexation;
3 and if the computation on the basis of the annexing and
4 annexed districts as constituted prior to the annexation is
5 greater, a supplementary payment equal to the difference
6 shall be made for the first 4 years of existence of the
7 annexing school district as constituted upon such annexation.
8 (3) For 2 or more school districts which annex all of
9 the territory of one or more entire other school districts,
10 and for 2 or more community unit districts which result upon
11 the division (pursuant to petition under Section 11A-2) of
12 one or more other unit school districts into 2 or more parts
13 and which together include all of the parts into which such
14 other unit school district or districts are so divided, for
15 the first year during which the change of boundaries
16 attributable to such annexation or division becomes effective
17 for all purposes as determined under Section 7-9 or 11A-10,
18 as the case may be, the general State aid and supplemental
19 general State aid calculated under this Section shall be
20 computed for each annexing or resulting district as
21 constituted after the annexation or division and for each
22 annexing and annexed district, or for each resulting and
23 divided district, as constituted prior to the annexation or
24 division; and if the aggregate of the general State aid and
25 supplemental general State aid as so computed for the
26 annexing or resulting districts as constituted after the
27 annexation or division is less than the aggregate of the
28 general State aid and supplemental general State aid as so
29 computed for the annexing and annexed districts, or for the
30 resulting and divided districts, as constituted prior to the
31 annexation or division, then a supplementary payment equal to
32 the difference shall be made and allocated between or among
33 the annexing or resulting districts, as constituted upon such
34 annexation or division, for the first 4 years of their
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1 existence. The total difference payment shall be allocated
2 between or among the annexing or resulting districts in the
3 same ratio as the pupil enrollment from that portion of the
4 annexed or divided district or districts which is annexed to
5 or included in each such annexing or resulting district bears
6 to the total pupil enrollment from the entire annexed or
7 divided district or districts, as such pupil enrollment is
8 determined for the school year last ending prior to the date
9 when the change of boundaries attributable to the annexation
10 or division becomes effective for all purposes. The amount
11 of the total difference payment and the amount thereof to be
12 allocated to the annexing or resulting districts shall be
13 computed by the State Board of Education on the basis of
14 pupil enrollment and other data which shall be certified to
15 the State Board of Education, on forms which it shall provide
16 for that purpose, by the regional superintendent of schools
17 for each educational service region in which the annexing and
18 annexed districts, or resulting and divided districts are
19 located.
20 (4) Any supplementary payment made under this subsection
21 (I) shall be treated as separate from all other payments made
22 pursuant to this Section.
23 (J) Supplementary Grants in Aid.
24 (1) Notwithstanding any other provisions of this
25 Section, the amount of the aggregate general State aid in
26 combination with supplemental general State aid under this
27 Section for which each school district is eligible for the
28 1998-1999 school year shall be no less than the amount of the
29 aggregate general State aid entitlement that was received by
30 the district under Section 18-8 (exclusive of amounts
31 received under subsections 5(p) and 5(p-5) of that Section)
32 for the 1997-98 school year, pursuant to the provisions of
33 that Section as it was then in effect. If a school district
34 qualifies to receive a supplementary payment made under this
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1 subsection (J) for the 1998-1999 school year, the amount of
2 the aggregate general State aid in combination with
3 supplemental general State aid under this Section which that
4 district is eligible to receive for each school year
5 subsequent to the 1998-1999 school year shall be no less than
6 the amount of the aggregate general State aid entitlement
7 that was received by the district under Section 18-8
8 (exclusive of amounts received under subsections 5(p) and
9 5(p-5) of that Section) for the 1997-1998 school year,
10 pursuant to the provisions of that Section as it was then in
11 effect.
12 (2) If, as provided in paragraph (1) of this subsection
13 (J), a school district is to receive aggregate general State
14 aid in combination with supplemental general State aid under
15 this Section for the 1998-99 school year, or for the 1998-99
16 school year and any subsequent school year, that in any such
17 school year is less than the amount of the aggregate general
18 State aid entitlement that the district received for the
19 1997-98 school year, the school district shall also receive,
20 from a separate appropriation made for purposes of this
21 subsection (J), a supplementary payment that is equal to the
22 amount of the difference in the aggregate State aid figures
23 as described in paragraph (1).
24 (3) If the amount appropriated for supplementary
25 payments to school districts under this subsection (J) is
26 insufficient for that purpose, the supplementary payments
27 that districts are to receive under this subsection shall be
28 prorated according to the aggregate amount of the
29 appropriation made for purposes of this subsection.
30 (K) Grants to Laboratory and Alternative Schools.
31 In calculating the amount to be paid to the governing
32 board of a public university that operates a laboratory
33 school under this Section or to any alternative school that
34 is operated by a regional superintendent, the State Board of
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1 Education shall require by rule such reporting requirements
2 as it deems necessary.
3 As used in this Section, "laboratory school" means a
4 public school which is created and operated by a public
5 university and approved by the State Board of Education. The
6 governing board of a public university which receives funds
7 from the State Board under this subsection (K) may not
8 increase the number of students enrolled in its laboratory
9 school from a single district, if that district is already
10 sending 50 or more students, except under a mutual agreement
11 between the school board of a student's district of residence
12 and the university which operates the laboratory school. A
13 laboratory school may not have more than 1,000 students,
14 excluding students with disabilities in a special education
15 program.
16 As used in this Section, "alternative school" means a
17 public school which is created and operated by a Regional
18 Superintendent of Schools and approved by the State Board of
19 Education. Such alternative schools may offer courses of
20 instruction for which credit is given in regular school
21 programs, courses to prepare students for the high school
22 equivalency testing program or vocational and occupational
23 training.
24 Each laboratory and alternative school shall file, on
25 forms provided by the State Superintendent of Education, an
26 annual State aid claim which states the Average Daily
27 Attendance of the school's students by month. The best 3
28 months' Average Daily Attendance shall be computed for each
29 school. The general State aid entitlement shall be computed
30 by multiplying the applicable Weighted Average Daily
31 Attendance by the Foundation Level as determined under this
32 Section.
33 (L) Payments, Additional Grants in Aid and Other
34 Requirements.
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1 (1) For a school district operating under the financial
2 supervision of an Authority created under Article 34A, the
3 general State aid otherwise payable to that district under
4 this Section, but not the supplemental general State aid,
5 shall be reduced by an amount equal to the budget for the
6 operations of the Authority as certified by the Authority to
7 the State Board of Education, and an amount equal to such
8 reduction shall be paid to the Authority created for such
9 district for its operating expenses in the manner provided in
10 Section 18-11. The remainder of general State school aid for
11 any such district shall be paid in accordance with Article
12 34A when that Article provides for a disposition other than
13 that provided by this Article.
14 (2) Impaction. Impaction payments shall be made as
15 provided for in Section 18-4.2.
16 (3) Summer school. Summer school payments shall be made
17 as provided in Section 18-4.3.
18 (M) Education Funding Advisory Board.
19 The Education Funding Advisory Board, hereinafter in this
20 subsection (M) referred to as the "Board", is hereby created.
21 The Board shall consist of 5 members who are appointed by the
22 Governor, by and with the advice and consent of the Senate.
23 The members appointed shall include representatives of
24 education, business, and the general public. One of the
25 members so appointed shall be designated by the Governor at
26 the time the appointment is made as the chairperson of the
27 Board. The initial members of the Board may be appointed any
28 time after the effective date of this amendatory Act of 1997.
29 The regular term of each member of the Board shall be for 4
30 years from the third Monday of January of the year in which
31 the term of the member's appointment is to commence, except
32 that of the 5 initial members appointed to serve on the
33 Board, the member who is appointed as the chairperson shall
34 serve for a term that commences on the date of his or her
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1 appointment and expires on the third Monday of January, 2002,
2 and the remaining 4 members, by lots drawn at the first
3 meeting of the Board that is held after all 5 members are
4 appointed, shall determine 2 of their number to serve for
5 terms that commence on the date of their respective
6 appointments and expire on the third Monday of January, 2001,
7 and 2 of their number to serve for terms that commence on the
8 date of their respective appointments and expire on the third
9 Monday of January, 2000. All members appointed to serve on
10 the Board shall serve until their respective successors are
11 appointed and confirmed. Vacancies shall be filled in the
12 same manner as original appointments. If a vacancy in
13 membership occurs at a time when the Senate is not in
14 session, the Governor shall make a temporary appointment
15 until the next meeting of the Senate, when he or she shall
16 appoint, by and with the advice and consent of the Senate, a
17 person to fill that membership for the unexpired term. If
18 the Senate is not in session when the initial appointments
19 are made, those appointments shall be made as in the case of
20 vacancies.
21 The Education Funding Advisory Board shall be deemed
22 established, and the initial members appointed by the
23 Governor to serve as members of the Board shall take office,
24 on the date that the Governor makes his or her appointment of
25 the fifth initial member of the Board, whether those initial
26 members are then serving pursuant to appointment and
27 confirmation or pursuant to temporary appointments that are
28 made by the Governor as in the case of vacancies.
29 The State Board of Education shall provide such staff
30 assistance to the Education Funding Advisory Board as is
31 reasonably required for the proper performance by the Board
32 of its responsibilities.
33 For school years after the 2000-2001 school year, the
34 Education Funding Advisory Board, in consultation with the
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1 State Board of Education, shall make recommendations as
2 provided in this subsection (M) to the General Assembly for
3 the foundation level under subdivision (B)(3) of this Section
4 and for the supplemental general State aid grant level under
5 subsection (H) of this Section for districts with high
6 concentrations of children from poverty. The recommended
7 foundation level shall be determined based on a methodology
8 which incorporates the basic education expenditures of
9 low-spending schools exhibiting high academic performance.
10 The Education Funding Advisory Board shall make such
11 recommendations to the General Assembly on January 1 of odd
12 numbered years, beginning January 1, 2001.
13 (N) General State Aid Adjustment Grant.
14 (1) Any school district subject to property tax
15 extension limitations as imposed under the provisions of the
16 Property Tax Extension Limitation Law shall be entitled to
17 receive, subject to the qualifications and requirements of
18 this subsection, a general State aid adjustment grant.
19 Eligibility for this grant shall be determined on an annual
20 basis and claims for grant payments shall be paid subject to
21 appropriations made specific to this subsection. For
22 purposes of this subsection the following terms shall have
23 the following meanings:
24 "Budget Year": The school year for which general State
25 aid is calculated and awarded under subsection (E).
26 "Current Year": The school year immediately preceding
27 the Budget Year.
28 "Base Tax Year": The property tax levy year used to
29 calculate the Budget Year allocation of general State aid.
30 "Preceding Tax Year": The property tax levy year
31 immediately preceding the Base Tax Year.
32 "Extension Limitation Ratio": A numerical ratio,
33 certified by a school district's County Clerk, in which the
34 numerator is the Base Tax Year's tax extension amount
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1 resulting from the Operating Tax Rate and the denominator is
2 the Preceding Tax Year's tax extension amount resulting from
3 the Operating Tax Rate.
4 "Operating Tax Rate": The operating tax rate as defined
5 in subsection (A).
6 (2) To qualify for a general State aid adjustment grant,
7 a school district must meet all of the following eligibility
8 criteria for each Budget Year for which a grant is claimed:
9 (a) The Operating Tax Rate of the school district
10 in the Preceding Tax Year was at least 3.00% in the case
11 of a school district maintaining grades kindergarten
12 through 12, at least 2.30% in the case of a school
13 district maintaining grades kindergarten through 8, or at
14 least 1.41% in the case of a school district maintaining
15 grades 9 through 12.
16 (b) The Operating Tax Rate of the school district
17 for the Base Tax Year was reduced by the Clerk of the
18 County as a result of the requirements of the Property
19 Tax Extension Limitation Law.
20 (c) The Available Local Resources per pupil of the
21 school district as calculated pursuant to subsection (D)
22 using the Base Tax Year are less than the product of 1.75
23 times the Foundation Level for the Budget Year.
24 (d) The school district has filed a proper and
25 timely claim for a general State aid adjustment grant as
26 required under this subsection.
27 (3) A claim for grant assistance under this subsection
28 shall be filed with the State Board of Education on or before
29 January 1 of the Current Year for a grant for the Budget
30 Year. The claim shall be made on forms prescribed by the
31 State Board of Education and must be accompanied by a written
32 statement from the Clerk of the County, certifying:
33 (a) That the school district has its extension for
34 the Base Tax Year reduced as a result of the Property Tax
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1 Extension Limitation Law.
2 (b) That the Operating Tax Rate of the school
3 district for the Preceding Tax Year met the tax rate
4 requirements of subdivision (N)(2) of this Section.
5 (c) The Extension Limitation Ratio as that term is
6 defined in this subsection.
7 (4) On or before August 1 of the Budget Year the State
8 Board of Education shall calculate, for all school districts
9 meeting the other requirements of this subsection, the amount
10 of the general State aid adjustment grant, if any, that the
11 school districts are eligible to receive in the Budget Year.
12 The amount of the general State aid adjustment grant shall be
13 calculated as follows:
14 (a) Determine the school district's general State
15 aid grant for the Budget Year as provided in accordance
16 with the provisions of subsection (E).
17 (b) Determine the school district's adjusted level
18 of general State aid by utilizing in the calculation of
19 Available Local Resources an equalized assessed valuation
20 that is the equalized assessed valuation of the Preceding
21 Tax Year multiplied by the Extension Limitation Ratio.
22 (c) Subtract the sum derived in subparagraph (a)
23 from the sum derived in subparagraph (b). If the result
24 is a positive number, that amount shall be the general
25 State aid adjustment grant that the district is eligible
26 to receive.
27 (5) The State Board of Education shall in the Current
28 Year, based upon claims filed in the Current Year, recommend
29 to the General Assembly an appropriation amount for the
30 general State aid adjustment grants to be made in the Budget
31 Year.
32 (6) Claims for general State aid adjustment grants shall
33 be paid in a lump sum on or before January 1 of the Budget
34 Year only from appropriations made by the General Assembly
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1 expressly for claims under this subsection. No such claims
2 may be paid from amounts appropriated for any other purpose
3 provided for under this Section. In the event that the
4 appropriation for claims under this subsection is
5 insufficient to meet all Budget Year claims for a general
6 State aid adjustment grant, the appropriation available shall
7 be proportionately prorated by the State Board of Education
8 amongst all districts filing for and entitled to payments.
9 (7) The State Board of Education shall promulgate the
10 required claim forms and rules necessary to implement the
11 provisions of this subsection.
12 (O) References.
13 (1) References in other laws to the various subdivisions
14 of Section 18-8 as that Section existed before its repeal and
15 replacement by this Section 18-8.05 shall be deemed to refer
16 to the corresponding provisions of this Section 18-8.05, to
17 the extent that those references remain applicable.
18 (2) References in other laws to State Chapter 1 funds
19 shall be deemed to refer to the supplemental general State
20 aid provided under subsection (H) of this Section.
21 (Source: P.A. 90-548, eff. 7-1-98.)
22 Section 99. Effective date. This Act takes effect July
23 1, 1998.