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92_HB0217eng HB0217 Engrossed LRB9201915NTsb 1 AN ACT relating to schools. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing 5 Section 18-8.05 as follows: 6 (105 ILCS 5/18-8.05) 7 Sec. 18-8.05. Basis for apportionment of general State 8 financial aid and supplemental general State aid to the 9 common schools for the 1998-1999 and subsequent school years. 10 (A) General Provisions. 11 (1) The provisions of this Section apply to the 12 1998-1999 and subsequent school years. The system of general 13 State financial aid provided for in this Section is designed 14 to assure that, through a combination of State financial aid 15 and required local resources, the financial support provided 16 each pupil in Average Daily Attendance equals or exceeds a 17 prescribed per pupil Foundation Level. This formula approach 18 imputes a level of per pupil Available Local Resources and 19 provides for the basis to calculate a per pupil level of 20 general State financial aid that, when added to Available 21 Local Resources, equals or exceeds the Foundation Level. The 22 amount of per pupil general State financial aid for school 23 districts, in general, varies in inverse relation to 24 Available Local Resources. Per pupil amounts are based upon 25 each school district's Average Daily Attendance as that term 26 is defined in this Section. 27 (2) In addition to general State financial aid, school 28 districts with specified levels or concentrations of pupils 29 from low income households are eligible to receive 30 supplemental general State financial aid grants as provided 31 pursuant to subsection (H). The supplemental State aid grants HB0217 Engrossed -2- LRB9201915NTsb 1 provided for school districts under subsection (H) shall be 2 appropriated for distribution to school districts as part of 3 the same line item in which the general State financial aid 4 of school districts is appropriated under this Section. 5 (3) To receive financial assistance under this Section, 6 school districts are required to file claims with the State 7 Board of Education, subject to the following requirements: 8 (a) Any school district which fails for any given 9 school year to maintain school as required by law, or to 10 maintain a recognized school is not eligible to file for 11 such school year any claim upon the Common School Fund. 12 In case of nonrecognition of one or more attendance 13 centers in a school district otherwise operating 14 recognized schools, the claim of the district shall be 15 reduced in the proportion which the Average Daily 16 Attendance in the attendance center or centers bear to 17 the Average Daily Attendance in the school district. A 18 "recognized school" means any public school which meets 19 the standards as established for recognition by the State 20 Board of Education. A school district or attendance 21 center not having recognition status at the end of a 22 school term is entitled to receive State aid payments due 23 upon a legal claim which was filed while it was 24 recognized. 25 (b) School district claims filed under this Section 26 are subject to Sections 18-9, 18-10, and 18-12, except as 27 otherwise provided in this Section. 28 (c) If a school district operates a full year 29 school under Section 10-19.1, the general State aid to 30 the school district shall be determined by the State 31 Board of Education in accordance with this Section as 32 near as may be applicable. 33 (d) (Blank). 34 (4) Except as provided in subsections (H) and (L), the HB0217 Engrossed -3- LRB9201915NTsb 1 board of any district receiving any of the grants provided 2 for in this Section may apply those funds to any fund so 3 received for which that board is authorized to make 4 expenditures by law. 5 School districts are not required to exert a minimum 6 Operating Tax Rate in order to qualify for assistance under 7 this Section. 8 (5) As used in this Section the following terms, when 9 capitalized, shall have the meaning ascribed herein: 10 (a) "Average Daily Attendance": A count of pupil 11 attendance in school, averaged as provided for in 12 subsection (C) and utilized in deriving per pupil 13 financial support levels. 14 (b) "Available Local Resources": A computation of 15 local financial support, calculated on the basis of 16 Average Daily Attendance and derived as provided pursuant 17 to subsection (D). 18 (c) "Corporate Personal Property Replacement 19 Taxes": Funds paid to local school districts pursuant to 20 "An Act in relation to the abolition of ad valorem 21 personal property tax and the replacement of revenues 22 lost thereby, and amending and repealing certain Acts and 23 parts of Acts in connection therewith", certified August 24 14, 1979, as amended (Public Act 81-1st S.S.-1). 25 (d) "Foundation Level": A prescribed level of per 26 pupil financial support as provided for in subsection 27 (B). 28 (e) "Operating Tax Rate": All school district 29 property taxes extended for all purposes, except Bond and 30 Interest, Summer School, Rent, Capital Improvement, and 31 Vocational Education Building purposes. 32 (B) Foundation Level. 33 (1) The Foundation Level is a figure established by the 34 State representing the minimum level of per pupil financial HB0217 Engrossed -4- LRB9201915NTsb 1 support that should be available to provide for the basic 2 education of each pupil in Average Daily Attendance. As set 3 forth in this Section, each school district is assumed to 4 exert a sufficient local taxing effort such that, in 5 combination with the aggregate of general State financial aid 6 provided the district, an aggregate of State and local 7 resources are available to meet the basic education needs of 8 pupils in the district. 9 (2) For the 1998-1999 school year, the Foundation Level 10 of support is $4,225. For the 1999-2000 school year, the 11 Foundation Level of support is $4,325. For the 2000-2001 12 school year, the Foundation Level of support is $4,425. 13 (3) For the 2001-2002 school year and each school year 14 thereafter, the Foundation Level of support is $4,425 or such 15 greater amount as may be established by law by the General 16 Assembly. 17 (C) Average Daily Attendance. 18 (1) For purposes of calculating general State aid 19 pursuant to subsection (E), an Average Daily Attendance 20 figure shall be utilized. The Average Daily Attendance 21 figure for formula calculation purposes shall be the monthly 22 average of the actual number of pupils in attendance of each 23 school district, as further averaged for the best 3 months of 24 pupil attendance for each school district. In compiling the 25 figures for the number of pupils in attendance, school 26 districts and the State Board of Education shall, for 27 purposes of general State aid funding, conform attendance 28 figures to the requirements of subsection (F). 29 (2) The Average Daily Attendance figures utilized in 30 subsection (E) shall be the requisite attendance data for the 31 school year immediately preceding the school year for which 32 general State aid is being calculated or the average of the 33 attendance data for the 3 preceding school years, whichever 34 is greater. The Average Daily Attendance figures utilized in HB0217 Engrossed -5- LRB9201915NTsb 1 subsection (H) shall be the requisite attendance data for the 2 school year immediately preceding the school year for which 3 supplemental general State aid is being calculated. 4 (D) Available Local Resources. 5 (1) For purposes of calculating general State aid 6 pursuant to subsection (E), a representation of Available 7 Local Resources per pupil, as that term is defined and 8 determined in this subsection, shall be utilized. Available 9 Local Resources per pupil shall include a calculated dollar 10 amount representing local school district revenues from local 11 property taxes and from Corporate Personal Property 12 Replacement Taxes, expressed on the basis of pupils in 13 Average Daily Attendance. 14 (2) In determining a school district's revenue from 15 local property taxes, the State Board of Education shall 16 utilize the equalized assessed valuation of all taxable 17 property of each school district as of September 30 of the 18 previous year. The equalized assessed valuation utilized 19 shall be obtained and determined as provided in subsection 20 (G). 21 (3) For school districts maintaining grades kindergarten 22 through 12, local property tax revenues per pupil shall be 23 calculated as the product of the applicable equalized 24 assessed valuation for the district multiplied by 3.00%, and 25 divided by the district's Average Daily Attendance figure. 26 For school districts maintaining grades kindergarten through 27 8, local property tax revenues per pupil shall be calculated 28 as the product of the applicable equalized assessed valuation 29 for the district multiplied by 2.30%, and divided by the 30 district's Average Daily Attendance figure. For school 31 districts maintaining grades 9 through 12, local property tax 32 revenues per pupil shall be the applicable equalized assessed 33 valuation of the district multiplied by 1.05%, and divided by 34 the district's Average Daily Attendance figure. HB0217 Engrossed -6- LRB9201915NTsb 1 (4) The Corporate Personal Property Replacement Taxes 2 paid to each school district during the calendar year 2 years 3 before the calendar year in which a school year begins, 4 divided by the Average Daily Attendance figure for that 5 district, shall be added to the local property tax revenues 6 per pupil as derived by the application of the immediately 7 preceding paragraph (3). The sum of these per pupil figures 8 for each school district shall constitute Available Local 9 Resources as that term is utilized in subsection (E) in the 10 calculation of general State aid. 11 (E) Computation of General State Aid. 12 (1) For each school year, the amount of general State 13 aid allotted to a school district shall be computed by the 14 State Board of Education as provided in this subsection. 15 (2) For any school district for which Available Local 16 Resources per pupil is less than the product of 0.93 times 17 the Foundation Level, general State aid for that district 18 shall be calculated as an amount equal to the Foundation 19 Level minus Available Local Resources, multiplied by the 20 Average Daily Attendance of the school district. 21 (3) For any school district for which Available Local 22 Resources per pupil is equal to or greater than the product 23 of 0.93 times the Foundation Level and less than the product 24 of 1.75 times the Foundation Level, the general State aid per 25 pupil shall be a decimal proportion of the Foundation Level 26 derived using a linear algorithm. Under this linear 27 algorithm, the calculated general State aid per pupil shall 28 decline in direct linear fashion from 0.07 times the 29 Foundation Level for a school district with Available Local 30 Resources equal to the product of 0.93 times the Foundation 31 Level, to 0.05 times the Foundation Level for a school 32 district with Available Local Resources equal to the product 33 of 1.75 times the Foundation Level. The allocation of 34 general State aid for school districts subject to this HB0217 Engrossed -7- LRB9201915NTsb 1 paragraph 3 shall be the calculated general State aid per 2 pupil figure multiplied by the Average Daily Attendance of 3 the school district. 4 (4) For any school district for which Available Local 5 Resources per pupil equals or exceeds the product of 1.75 6 times the Foundation Level, the general State aid for the 7 school district shall be calculated as the product of $218 8 multiplied by the Average Daily Attendance of the school 9 district. 10 (5) The amount of general State aid allocated to a 11 school district for the 1999-2000 school year meeting the 12 requirements set forth in paragraph (4) of subsection (G) 13 shall be increased by an amount equal to the general State 14 aid that would have been received by the district for the 15 1998-1999 school year by utilizing the Extension Limitation 16 Equalized Assessed Valuation as calculated in paragraph (4) 17 of subsection (G) less the general State aid allotted for the 18 1998-1999 school year. This amount shall be deemed a one 19 time increase, and shall not affect any future general State 20 aid allocations. 21 (F) Compilation of Average Daily Attendance. 22 (1) Each school district shall, by July 1 of each year, 23 submit to the State Board of Education, on forms prescribed 24 by the State Board of Education, attendance figures for the 25 school year that began in the preceding calendar year. The 26 attendance information so transmitted shall identify the 27 average daily attendance figures for each month of the school 28 year, except that any days of attendance in August shall be 29 added to the month of September and any days of attendance in 30 June shall be added to the month of May. 31 Except as otherwise provided in this Section, days of 32 attendance by pupils shall be counted only for sessions of 33 not less than 5 clock hours of school work per day under 34 direct supervision of: (i) teachers, or (ii) non-teaching HB0217 Engrossed -8- LRB9201915NTsb 1 personnel or volunteer personnel when engaging in 2 non-teaching duties and supervising in those instances 3 specified in subsection (a) of Section 10-22.34 and paragraph 4 10 of Section 34-18, with pupils of legal school age and in 5 kindergarten and grades 1 through 12. 6 Days of attendance by tuition pupils shall be accredited 7 only to the districts that pay the tuition to a recognized 8 school. 9 (2) Days of attendance by pupils of less than 5 clock 10 hours of school shall be subject to the following provisions 11 in the compilation of Average Daily Attendance. 12 (a) Pupils regularly enrolled in a public school 13 for only a part of the school day may be counted on the 14 basis of 1/6 day for every class hour of instruction of 15 40 minutes or more attended pursuant to such enrollment. 16 (b) Days of attendance may be less than 5 clock 17 hours on the opening and closing of the school term, and 18 upon the first day of pupil attendance, if preceded by a 19 day or days utilized as an institute or teachers' 20 workshop. 21 (c) A session of 4 or more clock hours may be 22 counted as a day of attendance upon certification by the 23 regional superintendent, and approved by the State 24 Superintendent of Education to the extent that the 25 district has been forced to use daily multiple sessions. 26 (d) A session of 3 or more clock hours may be 27 counted as a day of attendance (1) when the remainder of 28 the school day or at least 2 hours in the evening of that 29 day is utilized for an in-service training program for 30 teachers, up to a maximum of 5 days per school year of 31 which a maximum of 4 days of such 5 days may be used for 32 parent-teacher conferences, provided a district conducts 33 an in-service training program for teachers which has 34 been approved by the State Superintendent of Education; HB0217 Engrossed -9- LRB9201915NTsb 1 or, in lieu of 4 such days, 2 full days may be used, in 2 which event each such day may be counted as a day of 3 attendance; and (2) when days in addition to those 4 provided in item (1) are scheduled by a school pursuant 5 to its school improvement plan adopted under Article 34 6 or its revised or amended school improvement plan adopted 7 under Article 2, provided that (i) such sessions of 3 or 8 more clock hours are scheduled to occur at regular 9 intervals, (ii) the remainder of the school days in which 10 such sessions occur are utilized for in-service training 11 programs or other staff development activities for 12 teachers, and (iii) a sufficient number of minutes of 13 school work under the direct supervision of teachers are 14 added to the school days between such regularly scheduled 15 sessions to accumulate not less than the number of 16 minutes by which such sessions of 3 or more clock hours 17 fall short of 5 clock hours. Any full days used for the 18 purposes of this paragraph shall not be considered for 19 computing average daily attendance. Days scheduled for 20 in-service training programs, staff development 21 activities, or parent-teacher conferences may be 22 scheduled separately for different grade levels and 23 different attendance centers of the district. 24 (e) A session of not less than one clock hour of 25 teaching hospitalized or homebound pupils on-site or by 26 telephone to the classroom may be counted as 1/2 day of 27 attendance, however these pupils must receive 4 or more 28 clock hours of instruction to be counted for a full day 29 of attendance. 30 (f) A session of at least 4 clock hours may be 31 counted as a day of attendance for first grade pupils, 32 and pupils in full day kindergartens, and a session of 2 33 or more hours may be counted as 1/2 day of attendance by 34 pupils in kindergartens which provide only 1/2 day of HB0217 Engrossed -10- LRB9201915NTsb 1 attendance. 2 (g) For children with disabilities who are below 3 the age of 6 years and who cannot attend 2 or more clock 4 hours because of their disability or immaturity, a 5 session of not less than one clock hour may be counted as 6 1/2 day of attendance; however for such children whose 7 educational needs so require a session of 4 or more clock 8 hours may be counted as a full day of attendance. 9 (h) A recognized kindergarten which provides for 10 only 1/2 day of attendance by each pupil shall not have 11 more than 1/2 day of attendance counted in any one day. 12 However, kindergartens may count 2 1/2 days of attendance 13 in any 5 consecutive school days. When a pupil attends 14 such a kindergarten for 2 half days on any one school 15 day, the pupil shall have the following day as a day 16 absent from school, unless the school district obtains 17 permission in writing from the State Superintendent of 18 Education. Attendance at kindergartens which provide for 19 a full day of attendance by each pupil shall be counted 20 the same as attendance by first grade pupils. Only the 21 first year of attendance in one kindergarten shall be 22 counted, except in case of children who entered the 23 kindergarten in their fifth year whose educational 24 development requires a second year of kindergarten as 25 determined under the rules and regulations of the State 26 Board of Education. 27 (G) Equalized Assessed Valuation Data. 28 (1) For purposes of the calculation of Available Local 29 Resources required pursuant to subsection (D), the State 30 Board of Education shall secure from the Department of 31 Revenue the value as equalized or assessed by the Department 32 of Revenue of all taxable property of every school district, 33 together with (i) the applicable tax rate used in extending 34 taxes for the funds of the district as of September 30 of the HB0217 Engrossed -11- LRB9201915NTsb 1 previous year and (ii) the limiting rate for all school 2 districts subject to property tax extension limitations as 3 imposed under the Property Tax Extension Limitation Law. 4 This equalized assessed valuation, as adjusted further by 5 the requirements of this subsection, shall be utilized in the 6 calculation of Available Local Resources. 7 (2) The equalized assessed valuation in paragraph (1) 8 shall be adjusted, as applicable, in the following manner: 9 (a) For the purposes of calculating State aid under 10 this Section, with respect to any part of a school 11 district within a redevelopment project area in respect 12 to which a municipality has adopted tax increment 13 allocation financing pursuant to the Tax Increment 14 Allocation Redevelopment Act, Sections 11-74.4-1 through 15 11-74.4-11 of the Illinois Municipal Code or the 16 Industrial Jobs Recovery Law, Sections 11-74.6-1 through 17 11-74.6-50 of the Illinois Municipal Code, no part of the 18 current equalized assessed valuation of real property 19 located in any such project area which is attributable to 20 an increase above the total initial equalized assessed 21 valuation of such property shall be used as part of the 22 equalized assessed valuation of the district, until such 23 time as all redevelopment project costs have been paid, 24 as provided in Section 11-74.4-8 of the Tax Increment 25 Allocation Redevelopment Act or in Section 11-74.6-35 of 26 the Industrial Jobs Recovery Law. For the purpose of the 27 equalized assessed valuation of the district, the total 28 initial equalized assessed valuation or the current 29 equalized assessed valuation, whichever is lower, shall 30 be used until such time as all redevelopment project 31 costs have been paid. 32 (b) The real property equalized assessed valuation 33 for a school district shall be adjusted by subtracting 34 from the real property value as equalized or assessed by HB0217 Engrossed -12- LRB9201915NTsb 1 the Department of Revenue for the district an amount 2 computed by dividing the amount of any abatement of taxes 3 under Section 18-170 of the Property Tax Code by 3.00% 4 for a district maintaining grades kindergarten through 5 12, by 2.30% for a district maintaining grades 6 kindergarten through 8, or by 1.05% for a district 7 maintaining grades 9 through 12 and adjusted by an amount 8 computed by dividing the amount of any abatement of taxes 9 under subsection (a) of Section 18-165 of the Property 10 Tax Code by the same percentage rates for district type 11 as specified in this subparagraph (b). 12 (3) For the 1999-2000 school year and each school year 13 thereafter, if a school district meets all of the criteria of 14 this subsection (G)(3), the school district's Available Local 15 Resources shall be calculated under subsection (D) using the 16 district's Extension Limitation Equalized Assessed Valuation 17 as calculated under this subsection (G)(3). 18 For purposes of this subsection (G)(3) the following 19 terms shall have the following meanings: 20 "Budget Year": The school year for which general 21 State aid is calculated and awarded under subsection (E). 22 "Base Tax Year": The property tax levy year used to 23 calculate the Budget Year allocation of general State 24 aid. 25 "Preceding Tax Year": The property tax levy year 26 immediately preceding the Base Tax Year. 27 "Base Tax Year's Tax Extension": The product of the 28 equalized assessed valuation utilized by the County Clerk 29 in the Base Tax Year multiplied by the limiting rate as 30 calculated by the County Clerk and defined in the 31 Property Tax Extension Limitation Law. 32 "Preceding Tax Year's Tax Extension": The product of 33 the equalized assessed valuation utilized by the County 34 Clerk in the Preceding Tax Year multiplied by the HB0217 Engrossed -13- LRB9201915NTsb 1 Operating Tax Rate as defined in subsection (A). 2 "Extension Limitation Ratio": A numerical ratio, 3 certified by the County Clerk, in which the numerator is 4 the Base Tax Year's Tax Extension and the denominator is 5 the Preceding Tax Year's Tax Extension. 6 "Operating Tax Rate": The operating tax rate as 7 defined in subsection (A). 8 If a school district is subject to property tax extension 9 limitations as imposed under the Property Tax Extension 10 Limitation Law, and if the Available Local Resources of that 11 school district as calculated pursuant to subsection (D) 12 using the Base Tax Year are less than the product of 1.75 13 times the Foundation Level for the Budget Year, the State 14 Board of Education shall calculate the Extension Limitation 15 Equalized Assessed Valuation of that district. For the 16 1999-2000 school year, the Extension Limitation Equalized 17 Assessed Valuation of a school district as calculated by the 18 State Board of Education shall be equal to the product of the 19 district's 1996 Equalized Assessed Valuation and the 20 district's Extension Limitation Ratio. For the 2000-2001 21 school year and each school year thereafter, the Extension 22 Limitation Equalized Assessed Valuation of a school district 23 as calculated by the State Board of Education shall be equal 24 to the product of the last calculated Extension Limitation 25 Equalized Assessed Valuation and the district's Extension 26 Limitation Ratio. If the Extension Limitation Equalized 27 Assessed Valuation of a school district as calculated under 28 this subsection (G)(3) is less than the district's equalized 29 assessed valuation as calculated pursuant to subsections 30 (G)(1) and (G)(2), then for purposes of calculating the 31 district's general State aid for the Budget Year pursuant to 32 subsection (E), that Extension Limitation Equalized Assessed 33 Valuation shall be utilized to calculate the district's 34 Available Local Resources under subsection (D). HB0217 Engrossed -14- LRB9201915NTsb 1 (4) For the purposes of calculating general State aid 2 for the 1999-2000 school year only, if a school district 3 experienced a triennial reassessment on the equalized 4 assessed valuation used in calculating its general State 5 financial aid apportionment for the 1998-1999 school year, 6 the State Board of Education shall calculate the Extension 7 Limitation Equalized Assessed Valuation that would have been 8 used to calculate the district's 1998-1999 general State aid. 9 This amount shall equal the product of the equalized assessed 10 valuation used to calculate general State aid for the 11 1997-1998 school year and the district's Extension Limitation 12 Ratio. If the Extension Limitation Equalized Assessed 13 Valuation of the school district as calculated under this 14 paragraph (4) is less than the district's equalized assessed 15 valuation utilized in calculating the district's 1998-1999 16 general State aid allocation, then for purposes of 17 calculating the district's general State aid pursuant to 18 paragraph (5) of subsection (E), that Extension Limitation 19 Equalized Assessed Valuation shall be utilized to calculate 20 the district's Available Local Resources. 21 (5) For school districts having a majority of their 22 equalized assessed valuation in any county except Cook, 23 DuPage, Kane, Lake, McHenry, or Will, if the amount of 24 general State aid allocated to the school district for the 25 1999-2000 school year under the provisions of subsection (E), 26 (H), and (J) of this Section is less than the amount of 27 general State aid allocated to the district for the 1998-1999 28 school year under these subsections, then the general State 29 aid of the district for the 1999-2000 school year only shall 30 be increased by the difference between these amounts. The 31 total payments made under this paragraph (5) shall not exceed 32 $14,000,000. Claims shall be prorated if they exceed 33 $14,000,000. 34 (H) Supplemental General State Aid. HB0217 Engrossed -15- LRB9201915NTsb 1 (1) In addition to the general State aid a school 2 district is allotted pursuant to subsection (E), qualifying 3 school districts shall receive a grant, paid in conjunction 4 with a district's payments of general State aid, for 5 supplemental general State aid based upon the concentration 6 level of children from low-income households within the 7 school district. Supplemental State aid grants provided for 8 school districts under this subsection shall be appropriated 9 for distribution to school districts as part of the same line 10 item in which the general State financial aid of school 11 districts is appropriated under this Section. For purposes of 12 this subsection, the term "Low-Income Concentration Level" 13 shall be the low-income eligible pupil count from the most 14 recently available federal census divided by the Average 15 Daily Attendance of the school district. If, however, the 16 percentage decrease from the 2 most recent federal censuses 17 in the low-income eligible pupil count of a high school 18 district with fewer than 400 students exceeds by 75% or more 19 the percentage change in the total low-income eligible pupil 20 count of contiguous elementary school districts, whose 21 boundaries are coterminous with the high school district, the 22 high school district's low-income eligible pupil count from 23 the earlier federal census shall be the number used as the 24 low-income eligible pupil count for the high school district, 25 for purposes of this subsection (H). 26 (2) Supplemental general State aid pursuant to this 27 subsection shall be provided as follows: 28 (a) For any school district with a Low Income 29 Concentration Level of at least 20% and less than 35%, 30 the grant for any school year shall be $800 multiplied by 31 the low income eligible pupil count. 32 (b) For any school district with a Low Income 33 Concentration Level of at least 35% and less than 50%, 34 the grant for the 1998-1999 school year shall be $1,100 HB0217 Engrossed -16- LRB9201915NTsb 1 multiplied by the low income eligible pupil count. 2 (c) For any school district with a Low Income 3 Concentration Level of at least 50% and less than 60%, 4 the grant for the 1998-99 school year shall be $1,500 5 multiplied by the low income eligible pupil count. 6 (d) For any school district with a Low Income 7 Concentration Level of 60% or more, the grant for the 8 1998-99 school year shall be $1,900 multiplied by the low 9 income eligible pupil count. 10 (e) For the 1999-2000 school year, the per pupil 11 amount specified in subparagraphs (b), (c), and (d) 12 immediately above shall be increased to $1,243, $1,600, 13 and $2,000, respectively. 14 (f) For the 2000-2001 school year, the per pupil 15 amounts specified in subparagraphs (b), (c), and (d) 16 immediately above shall be $1,273, $1,640, and $2,050, 17 respectively. 18 (3) School districts with an Average Daily Attendance of 19 more than 1,000 and less than 50,000 that qualify for 20 supplemental general State aid pursuant to this subsection 21 shall submit a plan to the State Board of Education prior to 22 October 30 of each year for the use of the funds resulting 23 from this grant of supplemental general State aid for the 24 improvement of instruction in which priority is given to 25 meeting the education needs of disadvantaged children. Such 26 plan shall be submitted in accordance with rules and 27 regulations promulgated by the State Board of Education. 28 (4) School districts with an Average Daily Attendance of 29 50,000 or more that qualify for supplemental general State 30 aid pursuant to this subsection shall be required to 31 distribute from funds available pursuant to this Section, no 32 less than $261,000,000 in accordance with the following 33 requirements: 34 (a) The required amounts shall be distributed to HB0217 Engrossed -17- LRB9201915NTsb 1 the attendance centers within the district in proportion 2 to the number of pupils enrolled at each attendance 3 center who are eligible to receive free or reduced-price 4 lunches or breakfasts under the federal Child Nutrition 5 Act of 1966 and under the National School Lunch Act 6 during the immediately preceding school year. 7 (b) The distribution of these portions of 8 supplemental and general State aid among attendance 9 centers according to these requirements shall not be 10 compensated for or contravened by adjustments of the 11 total of other funds appropriated to any attendance 12 centers, and the Board of Education shall utilize funding 13 from one or several sources in order to fully implement 14 this provision annually prior to the opening of school. 15 (c) Each attendance center shall be provided by the 16 school district a distribution of noncategorical funds 17 and other categorical funds to which an attendance center 18 is entitled under law in order that the general State aid 19 and supplemental general State aid provided by 20 application of this subsection supplements rather than 21 supplants the noncategorical funds and other categorical 22 funds provided by the school district to the attendance 23 centers. 24 (d) Any funds made available under this subsection 25 that by reason of the provisions of this subsection are 26 not required to be allocated and provided to attendance 27 centers may be used and appropriated by the board of the 28 district for any lawful school purpose. 29 (e) Funds received by an attendance center pursuant 30 to this subsection shall be used by the attendance center 31 at the discretion of the principal and local school 32 council for programs to improve educational opportunities 33 at qualifying schools through the following programs and 34 services: early childhood education, reduced class size HB0217 Engrossed -18- LRB9201915NTsb 1 or improved adult to student classroom ratio, enrichment 2 programs, remedial assistance, attendance improvement, 3 and other educationally beneficial expenditures which 4 supplement the regular and basic programs as determined 5 by the State Board of Education. Funds provided shall 6 not be expended for any political or lobbying purposes as 7 defined by board rule. 8 (f) Each district subject to the provisions of this 9 subdivision (H)(4) shall submit an acceptable plan to 10 meet the educational needs of disadvantaged children, in 11 compliance with the requirements of this paragraph, to 12 the State Board of Education prior to July 15 of each 13 year. This plan shall be consistent with the decisions of 14 local school councils concerning the school expenditure 15 plans developed in accordance with part 4 of Section 16 34-2.3. The State Board shall approve or reject the plan 17 within 60 days after its submission. If the plan is 18 rejected, the district shall give written notice of 19 intent to modify the plan within 15 days of the 20 notification of rejection and then submit a modified plan 21 within 30 days after the date of the written notice of 22 intent to modify. Districts may amend approved plans 23 pursuant to rules promulgated by the State Board of 24 Education. 25 Upon notification by the State Board of Education 26 that the district has not submitted a plan prior to July 27 15 or a modified plan within the time period specified 28 herein, the State aid funds affected by that plan or 29 modified plan shall be withheld by the State Board of 30 Education until a plan or modified plan is submitted. 31 If the district fails to distribute State aid to 32 attendance centers in accordance with an approved plan, 33 the plan for the following year shall allocate funds, in 34 addition to the funds otherwise required by this HB0217 Engrossed -19- LRB9201915NTsb 1 subsection, to those attendance centers which were 2 underfunded during the previous year in amounts equal to 3 such underfunding. 4 For purposes of determining compliance with this 5 subsection in relation to the requirements of attendance 6 center funding, each district subject to the provisions 7 of this subsection shall submit as a separate document by 8 December 1 of each year a report of expenditure data for 9 the prior year in addition to any modification of its 10 current plan. If it is determined that there has been a 11 failure to comply with the expenditure provisions of this 12 subsection regarding contravention or supplanting, the 13 State Superintendent of Education shall, within 60 days 14 of receipt of the report, notify the district and any 15 affected local school council. The district shall within 16 45 days of receipt of that notification inform the State 17 Superintendent of Education of the remedial or corrective 18 action to be taken, whether by amendment of the current 19 plan, if feasible, or by adjustment in the plan for the 20 following year. Failure to provide the expenditure 21 report or the notification of remedial or corrective 22 action in a timely manner shall result in a withholding 23 of the affected funds. 24 The State Board of Education shall promulgate rules 25 and regulations to implement the provisions of this 26 subsection. No funds shall be released under this 27 subdivision (H)(4) to any district that has not submitted 28 a plan that has been approved by the State Board of 29 Education. 30 (I) General State Aid for Newly Configured School Districts. 31 (1) For a new school district formed by combining 32 property included totally within 2 or more previously 33 existing school districts, for its first year of existence 34 the general State aid and supplemental general State aid HB0217 Engrossed -20- LRB9201915NTsb 1 calculated under this Section shall be computed for the new 2 district and for the previously existing districts for which 3 property is totally included within the new district. If the 4 computation on the basis of the previously existing districts 5 is greater, a supplementary payment equal to the difference 6 shall be made for the first 4 years of existence of the new 7 district. 8 (2) For a school district which annexes all of the 9 territory of one or more entire other school districts, for 10 the first year during which the change of boundaries 11 attributable to such annexation becomes effective for all 12 purposes as determined under Section 7-9 or 7A-8, the general 13 State aid and supplemental general State aid calculated under 14 this Section shall be computed for the annexing district as 15 constituted after the annexation and for the annexing and 16 each annexed district as constituted prior to the annexation; 17 and if the computation on the basis of the annexing and 18 annexed districts as constituted prior to the annexation is 19 greater, a supplementary payment equal to the difference 20 shall be made for the first 4 years of existence of the 21 annexing school district as constituted upon such annexation. 22 (3) For 2 or more school districts which annex all of 23 the territory of one or more entire other school districts, 24 and for 2 or more community unit districts which result upon 25 the division (pursuant to petition under Section 11A-2) of 26 one or more other unit school districts into 2 or more parts 27 and which together include all of the parts into which such 28 other unit school district or districts are so divided, for 29 the first year during which the change of boundaries 30 attributable to such annexation or division becomes effective 31 for all purposes as determined under Section 7-9 or 11A-10, 32 as the case may be, the general State aid and supplemental 33 general State aid calculated under this Section shall be 34 computed for each annexing or resulting district as HB0217 Engrossed -21- LRB9201915NTsb 1 constituted after the annexation or division and for each 2 annexing and annexed district, or for each resulting and 3 divided district, as constituted prior to the annexation or 4 division; and if the aggregate of the general State aid and 5 supplemental general State aid as so computed for the 6 annexing or resulting districts as constituted after the 7 annexation or division is less than the aggregate of the 8 general State aid and supplemental general State aid as so 9 computed for the annexing and annexed districts, or for the 10 resulting and divided districts, as constituted prior to the 11 annexation or division, then a supplementary payment equal to 12 the difference shall be made and allocated between or among 13 the annexing or resulting districts, as constituted upon such 14 annexation or division, for the first 4 years of their 15 existence. The total difference payment shall be allocated 16 between or among the annexing or resulting districts in the 17 same ratio as the pupil enrollment from that portion of the 18 annexed or divided district or districts which is annexed to 19 or included in each such annexing or resulting district bears 20 to the total pupil enrollment from the entire annexed or 21 divided district or districts, as such pupil enrollment is 22 determined for the school year last ending prior to the date 23 when the change of boundaries attributable to the annexation 24 or division becomes effective for all purposes. The amount 25 of the total difference payment and the amount thereof to be 26 allocated to the annexing or resulting districts shall be 27 computed by the State Board of Education on the basis of 28 pupil enrollment and other data which shall be certified to 29 the State Board of Education, on forms which it shall provide 30 for that purpose, by the regional superintendent of schools 31 for each educational service region in which the annexing and 32 annexed districts, or resulting and divided districts are 33 located. 34 (3.5) Claims for financial assistance under this HB0217 Engrossed -22- LRB9201915NTsb 1 subsection (I) shall not be recomputed except as expressly 2 provided under this Section. 3 (4) Any supplementary payment made under this subsection 4 (I) shall be treated as separate from all other payments made 5 pursuant to this Section. 6 (J) Supplementary Grants in Aid. 7 (1) Notwithstanding any other provisions of this 8 Section, the amount of the aggregate general State aid in 9 combination with supplemental general State aid under this 10 Section for which each school district is eligible shall be 11 no less than the amount of the aggregate general State aid 12 entitlement that was received by the district under Section 13 18-8 (exclusive of amounts received under subsections 5(p) 14 and 5(p-5) of that Section) for the 1997-98 school year, 15 pursuant to the provisions of that Section as it was then in 16 effect. If a school district qualifies to receive a 17 supplementary payment made under this subsection (J), the 18 amount of the aggregate general State aid in combination with 19 supplemental general State aid under this Section which that 20 district is eligible to receive for each school year shall be 21 no less than the amount of the aggregate general State aid 22 entitlement that was received by the district under Section 23 18-8 (exclusive of amounts received under subsections 5(p) 24 and 5(p-5) of that Section) for the 1997-1998 school year, 25 pursuant to the provisions of that Section as it was then in 26 effect. 27 (2) If, as provided in paragraph (1) of this subsection 28 (J), a school district is to receive aggregate general State 29 aid in combination with supplemental general State aid under 30 this Section for the 1998-99 school year and any subsequent 31 school year that in any such school year is less than the 32 amount of the aggregate general State aid entitlement that 33 the district received for the 1997-98 school year, the school 34 district shall also receive, from a separate appropriation HB0217 Engrossed -23- LRB9201915NTsb 1 made for purposes of this subsection (J), a supplementary 2 payment that is equal to the amount of the difference in the 3 aggregate State aid figures as described in paragraph (1). 4 (3) (Blank). 5 (K) Grants to Laboratory and Alternative Schools. 6 In calculating the amount to be paid to the governing 7 board of a public university that operates a laboratory 8 school under this Section or to any alternative school that 9 is operated by a regional superintendent of schools, the 10 State Board of Education shall require by rule such reporting 11 requirements as it deems necessary. 12 As used in this Section, "laboratory school" means a 13 public school which is created and operated by a public 14 university and approved by the State Board of Education. The 15 governing board of a public university which receives funds 16 from the State Board under this subsection (K) may not 17 increase the number of students enrolled in its laboratory 18 school from a single district, if that district is already 19 sending 50 or more students, except under a mutual agreement 20 between the school board of a student's district of residence 21 and the university which operates the laboratory school. A 22 laboratory school may not have more than 1,000 students, 23 excluding students with disabilities in a special education 24 program. 25 As used in this Section, "alternative school" means a 26 public school which is created and operated by a Regional 27 Superintendent of Schools and approved by the State Board of 28 Education. Such alternative schools may offer courses of 29 instruction for which credit is given in regular school 30 programs, courses to prepare students for the high school 31 equivalency testing program or vocational and occupational 32 training. A regional superintendent of schools may contract 33 with a school district or a public community college district 34 to operate an alternative school. An alternative school HB0217 Engrossed -24- LRB9201915NTsb 1 serving more than one educational service region may be 2 established by the regional superintendents of schools of the 3 affected educational service regions. An alternative school 4 serving more than one educational service region may be 5 operated under such terms as the regional superintendents of 6 schools of those educational service regions may agree. 7 Each laboratory and alternative school shall file, on 8 forms provided by the State Superintendent of Education, an 9 annual State aid claim which states the Average Daily 10 Attendance of the school's students by month. The best 3 11 months' Average Daily Attendance shall be computed for each 12 school. The general State aid entitlement shall be computed 13 by multiplying the applicable Average Daily Attendance by the 14 Foundation Level as determined under this Section. 15 (L) Payments, Additional Grants in Aid and Other 16 Requirements. 17 (1) For a school district operating under the financial 18 supervision of an Authority created under Article 34A, the 19 general State aid otherwise payable to that district under 20 this Section, but not the supplemental general State aid, 21 shall be reduced by an amount equal to the budget for the 22 operations of the Authority as certified by the Authority to 23 the State Board of Education, and an amount equal to such 24 reduction shall be paid to the Authority created for such 25 district for its operating expenses in the manner provided in 26 Section 18-11. The remainder of general State school aid for 27 any such district shall be paid in accordance with Article 28 34A when that Article provides for a disposition other than 29 that provided by this Article. 30 (2) (Blank). 31 (3) Summer school. Summer school payments shall be made 32 as provided in Section 18-4.3. 33 (M) Education Funding Advisory Board. HB0217 Engrossed -25- LRB9201915NTsb 1 The Education Funding Advisory Board, hereinafter in this 2 subsection (M) referred to as the "Board", is hereby created. 3 The Board shall consist of 5 members who are appointed by the 4 Governor, by and with the advice and consent of the Senate. 5 The members appointed shall include representatives of 6 education, business, and the general public. One of the 7 members so appointed shall be designated by the Governor at 8 the time the appointment is made as the chairperson of the 9 Board. The initial members of the Board may be appointed any 10 time after the effective date of this amendatory Act of 1997. 11 The regular term of each member of the Board shall be for 4 12 years from the third Monday of January of the year in which 13 the term of the member's appointment is to commence, except 14 that of the 5 initial members appointed to serve on the 15 Board, the member who is appointed as the chairperson shall 16 serve for a term that commences on the date of his or her 17 appointment and expires on the third Monday of January, 2002, 18 and the remaining 4 members, by lots drawn at the first 19 meeting of the Board that is held after all 5 members are 20 appointed, shall determine 2 of their number to serve for 21 terms that commence on the date of their respective 22 appointments and expire on the third Monday of January, 2001, 23 and 2 of their number to serve for terms that commence on the 24 date of their respective appointments and expire on the third 25 Monday of January, 2000. All members appointed to serve on 26 the Board shall serve until their respective successors are 27 appointed and confirmed. Vacancies shall be filled in the 28 same manner as original appointments. If a vacancy in 29 membership occurs at a time when the Senate is not in 30 session, the Governor shall make a temporary appointment 31 until the next meeting of the Senate, when he or she shall 32 appoint, by and with the advice and consent of the Senate, a 33 person to fill that membership for the unexpired term. If 34 the Senate is not in session when the initial appointments HB0217 Engrossed -26- LRB9201915NTsb 1 are made, those appointments shall be made as in the case of 2 vacancies. 3 The Education Funding Advisory Board shall be deemed 4 established, and the initial members appointed by the 5 Governor to serve as members of the Board shall take office, 6 on the date that the Governor makes his or her appointment of 7 the fifth initial member of the Board, whether those initial 8 members are then serving pursuant to appointment and 9 confirmation or pursuant to temporary appointments that are 10 made by the Governor as in the case of vacancies. 11 The State Board of Education shall provide such staff 12 assistance to the Education Funding Advisory Board as is 13 reasonably required for the proper performance by the Board 14 of its responsibilities. 15 For school years after the 2000-2001 school year, the 16 Education Funding Advisory Board, in consultation with the 17 State Board of Education, shall make recommendations as 18 provided in this subsection (M) to the General Assembly for 19 the foundation level under subdivision (B)(3) of this Section 20 and for the supplemental general State aid grant level under 21 subsection (H) of this Section for districts with high 22 concentrations of children from poverty. The recommended 23 foundation level shall be determined based on a methodology 24 which incorporates the basic education expenditures of 25 low-spending schools exhibiting high academic performance. 26 The Education Funding Advisory Board shall make such 27 recommendations to the General Assembly on January 1 of odd 28 numbered years, beginning January 1, 2001. 29 (N) (Blank). 30 (O) References. 31 (1) References in other laws to the various subdivisions 32 of Section 18-8 as that Section existed before its repeal and 33 replacement by this Section 18-8.05 shall be deemed to refer HB0217 Engrossed -27- LRB9201915NTsb 1 to the corresponding provisions of this Section 18-8.05, to 2 the extent that those references remain applicable. 3 (2) References in other laws to State Chapter 1 funds 4 shall be deemed to refer to the supplemental general State 5 aid provided under subsection (H) of this Section. 6 (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566; 7 90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff. 8 7-30-98; 90-802, eff. 12-15-98; 90-815, eff. 2-11-99; 91-24, 9 eff. 7-1-99; 91-93, eff. 7-9-99; 91-96, eff. 7-9-99; 91-111, 10 eff. 7-14-99; 91-357, eff. 7-29-99; 91-533, eff. 8-13-99; 11 revised 8-27-99.) 12 Section 99. Effective date. This Act takes effect July 13 1, 2001.