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92_HB2523ham002
LRB9206774NTsbam
1 AMENDMENT TO HOUSE BILL 2523
2 AMENDMENT NO. . Amend House Bill 2523 by replacing
3 everything after the enacting clause with the following:
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 school year and subsequent school years. The
13 system of general State financial aid provided for in this
14 Section is designed to assure that, through a combination of
15 State financial aid and required local resources, the
16 financial support provided each pupil in Average Daily
17 Attendance equals or exceeds a prescribed per pupil
18 Foundation Level. This formula approach imputes a level of
19 per pupil Available Local Resources and provides for the
20 basis to calculate a per pupil level of general State
21 financial aid that, when added to Available Local Resources,
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1 equals or exceeds the Foundation Level. The amount of per
2 pupil general State financial aid for school districts, in
3 general, varies in inverse relation to Available Local
4 Resources. Per pupil amounts are based upon each school
5 district's Average Daily Attendance as that term is defined
6 in this Section.
7 (2) In addition to general State financial aid, school
8 districts with specified levels or concentrations of pupils
9 from low income households are eligible to receive
10 supplemental general State financial aid grants as provided
11 pursuant to subsection (H). The supplemental State aid grants
12 provided for school districts under subsection (H) shall be
13 appropriated for distribution to school districts as part of
14 the same line item in which the general State financial aid
15 of school districts is appropriated under this Section.
16 (3) To receive financial assistance under this Section,
17 school districts are required to file claims with the State
18 Board of Education, subject to the following requirements:
19 (a) Any school district which fails for any given
20 school year to maintain school as required by law, or to
21 maintain a recognized school is not eligible to file for
22 such school year any claim upon the Common School Fund.
23 In case of nonrecognition of one or more attendance
24 centers in a school district otherwise operating
25 recognized schools, the claim of the district shall be
26 reduced in the proportion which the Average Daily
27 Attendance in the attendance center or centers bear to
28 the Average Daily Attendance in the school district. A
29 "recognized school" means any public school which meets
30 the standards as established for recognition by the State
31 Board of Education. A school district or attendance
32 center not having recognition status at the end of a
33 school term is entitled to receive State aid payments due
34 upon a legal claim which was filed while it was
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1 recognized.
2 (b) School district claims filed under this Section
3 are subject to Sections 18-9, 18-10, and 18-12, except as
4 otherwise provided in this Section.
5 (c) If a school district operates a full year
6 school under Section 10-19.1, the general State aid to
7 the school district shall be determined by the State
8 Board of Education in accordance with this Section as
9 near as may be applicable.
10 (d) (Blank).
11 (4) Except as provided in subsections (H) and (L), the
12 board of any district receiving any of the grants provided
13 for in this Section may apply those funds to any fund so
14 received for which that board is authorized to make
15 expenditures by law.
16 School districts are not required to exert a minimum
17 Operating Tax Rate in order to qualify for assistance under
18 this Section.
19 (5) As used in this Section the following terms, when
20 capitalized, shall have the meaning ascribed herein:
21 (a) "Average Daily Attendance": A count of pupil
22 attendance in school, averaged as provided for in
23 subsection (C) and utilized in deriving per pupil
24 financial support levels.
25 (b) "Available Local Resources": A computation of
26 local financial support, calculated on the basis of
27 Average Daily Attendance and derived as provided pursuant
28 to subsection (D).
29 (c) "Corporate Personal Property Replacement
30 Taxes": Funds paid to local school districts pursuant to
31 "An Act in relation to the abolition of ad valorem
32 personal property tax and the replacement of revenues
33 lost thereby, and amending and repealing certain Acts and
34 parts of Acts in connection therewith", certified August
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1 14, 1979, as amended (Public Act 81-1st S.S.-1).
2 (d) "Foundation Level": A prescribed level of per
3 pupil financial support as provided for in subsection
4 (B).
5 (e) "Operating Tax Rate": All school district
6 property taxes extended for all purposes, except Bond and
7 Interest, Summer School, Rent, Capital Improvement, and
8 Vocational Education Building purposes.
9 (B) Foundation Level.
10 (1) The Foundation Level is a figure established by the
11 State representing the minimum level of per pupil financial
12 support that should be available to provide for the basic
13 education of each pupil in Average Daily Attendance. As set
14 forth in this Section, each school district is assumed to
15 exert a sufficient local taxing effort such that, in
16 combination with the aggregate of general State financial aid
17 provided the district, an aggregate of State and local
18 resources are available to meet the basic education needs of
19 pupils in the district.
20 (2) For the 1998-1999 school year, the Foundation Level
21 of support is $4,225. For the 1999-2000 school year, the
22 Foundation Level of support is $4,325. For the 2000-2001
23 school year, the Foundation Level of support is $4,425.
24 (3) For the 2001-2002 school year and each school year
25 thereafter, the Foundation Level of support is $4,425 or such
26 greater amount as may be established by law by the General
27 Assembly.
28 (C) Average Daily Attendance.
29 (1) For purposes of calculating general State aid
30 pursuant to subsection (E), an Average Daily Attendance
31 figure shall be utilized. The Average Daily Attendance
32 figure for formula calculation purposes shall be the monthly
33 average of the actual number of pupils in attendance of each
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1 school district, as further averaged for the best 3 months of
2 pupil attendance for each school district. In compiling the
3 figures for the number of pupils in attendance, school
4 districts and the State Board of Education shall, for
5 purposes of general State aid funding, conform attendance
6 figures to the requirements of subsection (F).
7 (2) The Average Daily Attendance figures utilized in
8 subsection (E) shall be the requisite attendance data for the
9 school year immediately preceding the school year for which
10 general State aid is being calculated.
11 (D) Available Local Resources.
12 (1) For purposes of calculating general State aid
13 pursuant to subsection (E), a representation of Available
14 Local Resources per pupil, as that term is defined and
15 determined in this subsection, shall be utilized. Available
16 Local Resources per pupil shall include a calculated dollar
17 amount representing local school district revenues from local
18 property taxes and from Corporate Personal Property
19 Replacement Taxes, expressed on the basis of pupils in
20 Average Daily Attendance.
21 (2) In determining a school district's revenue from
22 local property taxes, the State Board of Education shall
23 utilize the equalized assessed valuation of all taxable
24 property of each school district as of September 30 of the
25 previous year. The equalized assessed valuation utilized
26 shall be obtained and determined as provided in subsection
27 (G).
28 (3) For school districts maintaining grades kindergarten
29 through 12, local property tax revenues per pupil shall be
30 calculated as the product of the applicable equalized
31 assessed valuation for the district multiplied by 3.00%, and
32 divided by the district's Average Daily Attendance figure.
33 For school districts maintaining grades kindergarten through
34 8, local property tax revenues per pupil shall be calculated
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1 as the product of the applicable equalized assessed valuation
2 for the district multiplied by 2.30%, and divided by the
3 district's Average Daily Attendance figure. For school
4 districts maintaining grades 9 through 12, local property tax
5 revenues per pupil shall be the applicable equalized assessed
6 valuation of the district multiplied by 1.05%, and divided by
7 the district's Average Daily Attendance figure.
8 (4) The Corporate Personal Property Replacement Taxes
9 paid to each school district during the calendar year 2 years
10 before the calendar year in which a school year begins,
11 divided by the Average Daily Attendance figure for that
12 district, shall be added to the local property tax revenues
13 per pupil as derived by the application of the immediately
14 preceding paragraph (3). The sum of these per pupil figures
15 for each school district shall constitute Available Local
16 Resources as that term is utilized in subsection (E) in the
17 calculation of general State aid.
18 (E) Computation of General State Aid.
19 (1) For each school year, the amount of general State
20 aid allotted to a school district shall be computed by the
21 State Board of Education as provided in this subsection.
22 (2) For any school district for which Available Local
23 Resources per pupil is less than the product of 0.93 times
24 the Foundation Level, general State aid for that district
25 shall be calculated as an amount equal to the Foundation
26 Level minus Available Local Resources, multiplied by the
27 Average Daily Attendance of the school district.
28 (3) For any school district for which Available Local
29 Resources per pupil is equal to or greater than the product
30 of 0.93 times the Foundation Level and less than the product
31 of 1.75 times the Foundation Level, the general State aid per
32 pupil shall be a decimal proportion of the Foundation Level
33 derived using a linear algorithm. Under this linear
34 algorithm, the calculated general State aid per pupil shall
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1 decline in direct linear fashion from 0.07 times the
2 Foundation Level for a school district with Available Local
3 Resources equal to the product of 0.93 times the Foundation
4 Level, to 0.05 times the Foundation Level for a school
5 district with Available Local Resources equal to the product
6 of 1.75 times the Foundation Level. The allocation of
7 general State aid for school districts subject to this
8 paragraph 3 shall be the calculated general State aid per
9 pupil figure multiplied by the Average Daily Attendance of
10 the school district.
11 (4) For any school district for which Available Local
12 Resources per pupil equals or exceeds the product of 1.75
13 times the Foundation Level, the general State aid for the
14 school district shall be calculated as the product of $218
15 multiplied by the Average Daily Attendance of the school
16 district.
17 (5) The amount of general State aid allocated to a
18 school district for the 1999-2000 school year meeting the
19 requirements set forth in paragraph (4) of subsection (G)
20 shall be increased by an amount equal to the general State
21 aid that would have been received by the district for the
22 1998-1999 school year by utilizing the Extension Limitation
23 Equalized Assessed Valuation as calculated in paragraph (4)
24 of subsection (G) less the general State aid allotted for the
25 1998-1999 school year. This amount shall be deemed a one
26 time increase, and shall not affect any future general State
27 aid allocations.
28 (F) Compilation of Average Daily Attendance.
29 (1) Each school district shall, by July 1 of each year,
30 submit to the State Board of Education, on forms prescribed
31 by the State Board of Education, attendance figures for the
32 school year that began in the preceding calendar year. The
33 attendance information so transmitted shall identify the
34 average daily attendance figures for each month of the school
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1 year, except that any days of attendance in August shall be
2 added to the month of September and any days of attendance in
3 June shall be added to the month of May.
4 Except as otherwise provided in this Section, days of
5 attendance by pupils shall be counted only for sessions of
6 not less than 5 clock hours of school work per day under
7 direct supervision of: (i) teachers, or (ii) non-teaching
8 personnel or volunteer personnel when engaging in
9 non-teaching duties and supervising in those instances
10 specified in subsection (a) of Section 10-22.34 and paragraph
11 10 of Section 34-18, with pupils of legal school age and in
12 kindergarten and grades 1 through 12.
13 Days of attendance by tuition pupils shall be accredited
14 only to the districts that pay the tuition to a recognized
15 school.
16 (2) Days of attendance by pupils of less than 5 clock
17 hours of school shall be subject to the following provisions
18 in the compilation of Average Daily Attendance.
19 (a) Pupils regularly enrolled in a public school
20 for only a part of the school day may be counted on the
21 basis of 1/6 day for every class hour of instruction of
22 40 minutes or more attended pursuant to such enrollment.
23 (b) Days of attendance may be less than 5 clock
24 hours on the opening and closing of the school term, and
25 upon the first day of pupil attendance, if preceded by a
26 day or days utilized as an institute or teachers'
27 workshop.
28 (c) A session of 4 or more clock hours may be
29 counted as a day of attendance upon certification by the
30 regional superintendent, and approved by the State
31 Superintendent of Education to the extent that the
32 district has been forced to use daily multiple sessions.
33 (d) A session of 3 or more clock hours may be
34 counted as a day of attendance (1) when the remainder of
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1 the school day or at least 2 hours in the evening of that
2 day is utilized for an in-service training program for
3 teachers, up to a maximum of 5 days per school year of
4 which a maximum of 4 days of such 5 days may be used for
5 parent-teacher conferences, provided a district conducts
6 an in-service training program for teachers which has
7 been approved by the State Superintendent of Education;
8 or, in lieu of 4 such days, 2 full days may be used, in
9 which event each such day may be counted as a day of
10 attendance; and (2) when days in addition to those
11 provided in item (1) are scheduled by a school pursuant
12 to its school improvement plan adopted under Article 34
13 or its revised or amended school improvement plan adopted
14 under Article 2, provided that (i) such sessions of 3 or
15 more clock hours are scheduled to occur at regular
16 intervals, (ii) the remainder of the school days in which
17 such sessions occur are utilized for in-service training
18 programs or other staff development activities for
19 teachers, and (iii) a sufficient number of minutes of
20 school work under the direct supervision of teachers are
21 added to the school days between such regularly scheduled
22 sessions to accumulate not less than the number of
23 minutes by which such sessions of 3 or more clock hours
24 fall short of 5 clock hours. Any full days used for the
25 purposes of this paragraph shall not be considered for
26 computing average daily attendance. Days scheduled for
27 in-service training programs, staff development
28 activities, or parent-teacher conferences may be
29 scheduled separately for different grade levels and
30 different attendance centers of the district.
31 (e) A session of not less than one clock hour of
32 teaching hospitalized or homebound pupils on-site or by
33 telephone to the classroom may be counted as 1/2 day of
34 attendance, however these pupils must receive 4 or more
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1 clock hours of instruction to be counted for a full day
2 of attendance.
3 (f) A session of at least 4 clock hours may be
4 counted as a day of attendance for first grade pupils,
5 and pupils in full day kindergartens, and a session of 2
6 or more hours may be counted as 1/2 day of attendance by
7 pupils in kindergartens which provide only 1/2 day of
8 attendance.
9 (g) For children with disabilities who are below
10 the age of 6 years and who cannot attend 2 or more clock
11 hours because of their disability or immaturity, a
12 session of not less than one clock hour may be counted as
13 1/2 day of attendance; however for such children whose
14 educational needs so require a session of 4 or more clock
15 hours may be counted as a full day of attendance.
16 (h) A recognized kindergarten which provides for
17 only 1/2 day of attendance by each pupil shall not have
18 more than 1/2 day of attendance counted in any one day.
19 However, kindergartens may count 2 1/2 days of attendance
20 in any 5 consecutive school days. When a pupil attends
21 such a kindergarten for 2 half days on any one school
22 day, the pupil shall have the following day as a day
23 absent from school, unless the school district obtains
24 permission in writing from the State Superintendent of
25 Education. Attendance at kindergartens which provide for
26 a full day of attendance by each pupil shall be counted
27 the same as attendance by first grade pupils. Only the
28 first year of attendance in one kindergarten shall be
29 counted, except in case of children who entered the
30 kindergarten in their fifth year whose educational
31 development requires a second year of kindergarten as
32 determined under the rules and regulations of the State
33 Board of Education.
34 (G) Equalized Assessed Valuation Data.
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1 (1) For purposes of the calculation of Available Local
2 Resources required pursuant to subsection (D), the State
3 Board of Education shall secure from the Department of
4 Revenue the value as equalized or assessed by the Department
5 of Revenue of all taxable property of every school district,
6 together with (i) the applicable tax rate used in extending
7 taxes for the funds of the district as of September 30 of the
8 previous year and (ii) the limiting rate for all school
9 districts subject to property tax extension limitations as
10 imposed under the Property Tax Extension Limitation Law.
11 This equalized assessed valuation, as adjusted further by
12 the requirements of this subsection, shall be utilized in the
13 calculation of Available Local Resources.
14 (2) The equalized assessed valuation in paragraph (1)
15 shall be adjusted, as applicable, in the following manner:
16 (a) For the purposes of calculating State aid under
17 this Section, with respect to any part of a school
18 district within a redevelopment project area in respect
19 to which a municipality has adopted tax increment
20 allocation financing pursuant to the Tax Increment
21 Allocation Redevelopment Act, Sections 11-74.4-1 through
22 11-74.4-11 of the Illinois Municipal Code or the
23 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
24 11-74.6-50 of the Illinois Municipal Code, no part of the
25 current equalized assessed valuation of real property
26 located in any such project area which is attributable to
27 an increase above the total initial equalized assessed
28 valuation of such property shall be used as part of the
29 equalized assessed valuation of the district, until such
30 time as all redevelopment project costs have been paid,
31 as provided in Section 11-74.4-8 of the Tax Increment
32 Allocation Redevelopment Act or in Section 11-74.6-35 of
33 the Industrial Jobs Recovery Law. For the purpose of the
34 equalized assessed valuation of the district, the total
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1 initial equalized assessed valuation or the current
2 equalized assessed valuation, whichever is lower, shall
3 be used until such time as all redevelopment project
4 costs have been paid.
5 (b) The real property equalized assessed valuation
6 for a school district shall be adjusted by subtracting
7 from the real property value as equalized or assessed by
8 the Department of Revenue for the district an amount
9 computed by dividing the amount of any abatement of taxes
10 under Section 18-170 of the Property Tax Code by 3.00%
11 for a district maintaining grades kindergarten through
12 12, by 2.30% for a district maintaining grades
13 kindergarten through 8, or by 1.05% for a district
14 maintaining grades 9 through 12 and adjusted by an amount
15 computed by dividing the amount of any abatement of taxes
16 under subsection (a) of Section 18-165 of the Property
17 Tax Code by the same percentage rates for district type
18 as specified in this subparagraph (b).
19 (3) For the 1999-2000 school year and each school year
20 thereafter, if a school district meets all of the criteria of
21 this subsection (G)(3), the school district's Available Local
22 Resources shall be calculated under subsection (D) using the
23 district's Extension Limitation Equalized Assessed Valuation
24 as calculated under this subsection (G)(3).
25 For purposes of this subsection (G)(3) the following
26 terms shall have the following meanings:
27 "Budget Year": The school year for which general
28 State aid is calculated and awarded under subsection (E).
29 "Base Tax Year": The property tax levy year used to
30 calculate the Budget Year allocation of general State
31 aid.
32 "Preceding Tax Year": The property tax levy year
33 immediately preceding the Base Tax Year.
34 "Base Tax Year's Tax Extension": The product of the
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1 equalized assessed valuation utilized by the County Clerk
2 in the Base Tax Year multiplied by the limiting rate as
3 calculated by the County Clerk and defined in the
4 Property Tax Extension Limitation Law.
5 "Preceding Tax Year's Tax Extension": The product of
6 the equalized assessed valuation utilized by the County
7 Clerk in the Preceding Tax Year multiplied by the
8 Operating Tax Rate as defined in subsection (A).
9 "Extension Limitation Ratio": A numerical ratio,
10 certified by the County Clerk, in which the numerator is
11 the Base Tax Year's Tax Extension and the denominator is
12 the Preceding Tax Year's Tax Extension.
13 "Operating Tax Rate": The operating tax rate as
14 defined in subsection (A).
15 If a school district is subject to property tax extension
16 limitations as imposed under the Property Tax Extension
17 Limitation Law, and if the Available Local Resources of that
18 school district as calculated pursuant to subsection (D)
19 using the Base Tax Year are less than the product of 1.75
20 times the Foundation Level for the Budget Year, the State
21 Board of Education shall calculate the Extension Limitation
22 Equalized Assessed Valuation of that district. For the
23 1999-2000 school year, the Extension Limitation Equalized
24 Assessed Valuation of a school district as calculated by the
25 State Board of Education shall be equal to the product of the
26 district's 1996 Equalized Assessed Valuation and the
27 district's Extension Limitation Ratio. For the 2000-2001
28 school year and each school year thereafter, the Extension
29 Limitation Equalized Assessed Valuation of a school district
30 as calculated by the State Board of Education shall be equal
31 to the product of the last calculated Extension Limitation
32 Equalized Assessed Valuation and the district's Extension
33 Limitation Ratio. If the Extension Limitation Equalized
34 Assessed Valuation of a school district as calculated under
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1 this subsection (G)(3) is less than the district's equalized
2 assessed valuation as calculated pursuant to subsections
3 (G)(1) and (G)(2), then for purposes of calculating the
4 district's general State aid for the Budget Year pursuant to
5 subsection (E), that Extension Limitation Equalized Assessed
6 Valuation shall be utilized to calculate the district's
7 Available Local Resources under subsection (D).
8 (4) For the purposes of calculating general State aid
9 for the 1999-2000 school year only, if a school district
10 experienced a triennial reassessment on the equalized
11 assessed valuation used in calculating its general State
12 financial aid apportionment for the 1998-1999 school year,
13 the State Board of Education shall calculate the Extension
14 Limitation Equalized Assessed Valuation that would have been
15 used to calculate the district's 1998-1999 general State aid.
16 This amount shall equal the product of the equalized assessed
17 valuation used to calculate general State aid for the
18 1997-1998 school year and the district's Extension Limitation
19 Ratio. If the Extension Limitation Equalized Assessed
20 Valuation of the school district as calculated under this
21 paragraph (4) is less than the district's equalized assessed
22 valuation utilized in calculating the district's 1998-1999
23 general State aid allocation, then for purposes of
24 calculating the district's general State aid pursuant to
25 paragraph (5) of subsection (E), that Extension Limitation
26 Equalized Assessed Valuation shall be utilized to calculate
27 the district's Available Local Resources.
28 (5) For school districts having a majority of their
29 equalized assessed valuation in any county except Cook,
30 DuPage, Kane, Lake, McHenry, or Will, if the amount of
31 general State aid allocated to the school district for the
32 1999-2000 school year under the provisions of subsection (E),
33 (H), and (J) of this Section is less than the amount of
34 general State aid allocated to the district for the 1998-1999
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1 school year under these subsections, then the general State
2 aid of the district for the 1999-2000 school year only shall
3 be increased by the difference between these amounts. The
4 total payments made under this paragraph (5) shall not exceed
5 $14,000,000. Claims shall be prorated if they exceed
6 $14,000,000.
7 (H) Supplemental General State Aid.
8 (1) In addition to the general State aid a school
9 district is allotted pursuant to subsection (E), qualifying
10 school districts shall receive a grant, paid in conjunction
11 with a district's payments of general State aid, for
12 supplemental general State aid based upon the concentration
13 level of children from low-income households within the
14 school district. Supplemental State aid grants provided for
15 school districts under this subsection shall be appropriated
16 for distribution to school districts as part of the same line
17 item in which the general State financial aid of school
18 districts is appropriated under this Section. For purposes of
19 this subsection, the term "Low-Income Concentration Level"
20 shall be the low-income eligible pupil count from the most
21 recently available federal census divided by the Average
22 Daily Attendance of the school district. If, however, the
23 percentage decrease from the 2 most recent federal censuses
24 in the low-income eligible pupil count of a high school
25 district with fewer than 400 students exceeds by 75% or more
26 the percentage change in the total low-income eligible pupil
27 count of contiguous elementary school districts, whose
28 boundaries are coterminous with the high school district, the
29 high school district's low-income eligible pupil count from
30 the earlier federal census shall be the number used as the
31 low-income eligible pupil count for the high school district,
32 for purposes of this subsection (H).
33 (2) Supplemental general State aid pursuant to this
34 subsection shall be provided as follows:
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1 (a) For any school district with a Low Income
2 Concentration Level of at least 20% and less than 35%,
3 the grant for any school year shall be $800 multiplied by
4 the low income eligible pupil count.
5 (b) For any school district with a Low Income
6 Concentration Level of at least 35% and less than 50%,
7 the grant for the 1998-1999 school year shall be $1,100
8 multiplied by the low income eligible pupil count.
9 (c) For any school district with a Low Income
10 Concentration Level of at least 50% and less than 60%,
11 the grant for the 1998-99 school year shall be $1,500
12 multiplied by the low income eligible pupil count.
13 (d) For any school district with a Low Income
14 Concentration Level of 60% or more, the grant for the
15 1998-99 school year shall be $1,900 multiplied by the low
16 income eligible pupil count.
17 (e) For the 1999-2000 school year, the per pupil
18 amount specified in subparagraphs (b), (c), and (d)
19 immediately above shall be increased to $1,243, $1,600,
20 and $2,000, respectively.
21 (f) For the 2000-2001 school year, the per pupil
22 amounts specified in subparagraphs (b), (c), and (d)
23 immediately above shall be $1,273, $1,640, and $2,050,
24 respectively.
25 (3) School districts with an Average Daily Attendance of
26 more than 1,000 and less than 50,000 that qualify for
27 supplemental general State aid pursuant to this subsection
28 shall submit a plan to the State Board of Education prior to
29 October 30 of each year for the use of the funds resulting
30 from this grant of supplemental general State aid for the
31 improvement of instruction in which priority is given to
32 meeting the education needs of disadvantaged children. Such
33 plan shall be submitted in accordance with rules and
34 regulations promulgated by the State Board of Education.
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1 (4) School districts with an Average Daily Attendance of
2 50,000 or more that qualify for supplemental general State
3 aid pursuant to this subsection shall be required to
4 distribute from funds available pursuant to this Section, no
5 less than $261,000,000 in accordance with the following
6 requirements:
7 (a) The required amounts shall be distributed to
8 the attendance centers within the district in proportion
9 to the number of pupils enrolled at each attendance
10 center who are eligible to receive free or reduced-price
11 lunches or breakfasts under the federal Child Nutrition
12 Act of 1966 and under the National School Lunch Act
13 during the immediately preceding school year.
14 (b) The distribution of these portions of
15 supplemental and general State aid among attendance
16 centers according to these requirements shall not be
17 compensated for or contravened by adjustments of the
18 total of other funds appropriated to any attendance
19 centers, and the Board of Education shall utilize funding
20 from one or several sources in order to fully implement
21 this provision annually prior to the opening of school.
22 (c) Each attendance center shall be provided by the
23 school district a distribution of noncategorical funds
24 and other categorical funds to which an attendance center
25 is entitled under law in order that the general State aid
26 and supplemental general State aid provided by
27 application of this subsection supplements rather than
28 supplants the noncategorical funds and other categorical
29 funds provided by the school district to the attendance
30 centers.
31 (d) Any funds made available under this subsection
32 that by reason of the provisions of this subsection are
33 not required to be allocated and provided to attendance
34 centers may be used and appropriated by the board of the
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1 district for any lawful school purpose.
2 (e) Funds received by an attendance center pursuant
3 to this subsection shall be used by the attendance center
4 at the discretion of the principal and local school
5 council for programs to improve educational opportunities
6 at qualifying schools through the following programs and
7 services: early childhood education, reduced class size
8 or improved adult to student classroom ratio, enrichment
9 programs, remedial assistance, attendance improvement,
10 and other educationally beneficial expenditures which
11 supplement the regular and basic programs as determined
12 by the State Board of Education. Funds provided shall
13 not be expended for any political or lobbying purposes as
14 defined by board rule.
15 (f) Each district subject to the provisions of this
16 subdivision (H)(4) shall submit an acceptable plan to
17 meet the educational needs of disadvantaged children, in
18 compliance with the requirements of this paragraph, to
19 the State Board of Education prior to July 15 of each
20 year. This plan shall be consistent with the decisions of
21 local school councils concerning the school expenditure
22 plans developed in accordance with part 4 of Section
23 34-2.3. The State Board shall approve or reject the plan
24 within 60 days after its submission. If the plan is
25 rejected, the district shall give written notice of
26 intent to modify the plan within 15 days of the
27 notification of rejection and then submit a modified plan
28 within 30 days after the date of the written notice of
29 intent to modify. Districts may amend approved plans
30 pursuant to rules promulgated by the State Board of
31 Education.
32 Upon notification by the State Board of Education
33 that the district has not submitted a plan prior to July
34 15 or a modified plan within the time period specified
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1 herein, the State aid funds affected by that plan or
2 modified plan shall be withheld by the State Board of
3 Education until a plan or modified plan is submitted.
4 If the district fails to distribute State aid to
5 attendance centers in accordance with an approved plan,
6 the plan for the following year shall allocate funds, in
7 addition to the funds otherwise required by this
8 subsection, to those attendance centers which were
9 underfunded during the previous year in amounts equal to
10 such underfunding.
11 For purposes of determining compliance with this
12 subsection in relation to the requirements of attendance
13 center funding, each district subject to the provisions
14 of this subsection shall submit as a separate document by
15 December 1 of each year a report of expenditure data for
16 the prior year in addition to any modification of its
17 current plan. If it is determined that there has been a
18 failure to comply with the expenditure provisions of this
19 subsection regarding contravention or supplanting, the
20 State Superintendent of Education shall, within 60 days
21 of receipt of the report, notify the district and any
22 affected local school council. The district shall within
23 45 days of receipt of that notification inform the State
24 Superintendent of Education of the remedial or corrective
25 action to be taken, whether by amendment of the current
26 plan, if feasible, or by adjustment in the plan for the
27 following year. Failure to provide the expenditure
28 report or the notification of remedial or corrective
29 action in a timely manner shall result in a withholding
30 of the affected funds.
31 The State Board of Education shall promulgate rules
32 and regulations to implement the provisions of this
33 subsection. No funds shall be released under this
34 subdivision (H)(4) to any district that has not submitted
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1 a plan that has been approved by the State Board of
2 Education.
3 (I) General State Aid for Newly Configured School Districts.
4 (1) For a new school district formed by combining
5 property included totally within 2 or more previously
6 existing school districts, for its first year of existence
7 the general State aid and supplemental general State aid
8 calculated under this Section shall be computed for the new
9 district and for the previously existing districts for which
10 property is totally included within the new district. If the
11 computation on the basis of the previously existing districts
12 is greater, a supplementary payment equal to the difference
13 shall be made for the first 4 years of existence of the new
14 district.
15 (2) For a school district which annexes all of the
16 territory of one or more entire other school districts, for
17 the first year during which the change of boundaries
18 attributable to such annexation becomes effective for all
19 purposes as determined under Section 7-9 or 7A-8, the general
20 State aid and supplemental general State aid calculated under
21 this Section shall be computed for the annexing district as
22 constituted after the annexation and for the annexing and
23 each annexed district as constituted prior to the annexation;
24 and if the computation on the basis of the annexing and
25 annexed districts as constituted prior to the annexation is
26 greater, a supplementary payment equal to the difference
27 shall be made for the first 4 years of existence of the
28 annexing school district as constituted upon such annexation.
29 (3) For 2 or more school districts which annex all of
30 the territory of one or more entire other school districts,
31 and for 2 or more community unit districts which result upon
32 the division (pursuant to petition under Section 11A-2) of
33 one or more other unit school districts into 2 or more parts
34 and which together include all of the parts into which such
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1 other unit school district or districts are so divided, for
2 the first year during which the change of boundaries
3 attributable to such annexation or division becomes effective
4 for all purposes as determined under Section 7-9 or 11A-10,
5 as the case may be, the general State aid and supplemental
6 general State aid calculated under this Section shall be
7 computed for each annexing or resulting district as
8 constituted after the annexation or division and for each
9 annexing and annexed district, or for each resulting and
10 divided district, as constituted prior to the annexation or
11 division; and if the aggregate of the general State aid and
12 supplemental general State aid as so computed for the
13 annexing or resulting districts as constituted after the
14 annexation or division is less than the aggregate of the
15 general State aid and supplemental general State aid as so
16 computed for the annexing and annexed districts, or for the
17 resulting and divided districts, as constituted prior to the
18 annexation or division, then a supplementary payment equal to
19 the difference shall be made and allocated between or among
20 the annexing or resulting districts, as constituted upon such
21 annexation or division, for the first 4 years of their
22 existence. The total difference payment shall be allocated
23 between or among the annexing or resulting districts in the
24 same ratio as the pupil enrollment from that portion of the
25 annexed or divided district or districts which is annexed to
26 or included in each such annexing or resulting district bears
27 to the total pupil enrollment from the entire annexed or
28 divided district or districts, as such pupil enrollment is
29 determined for the school year last ending prior to the date
30 when the change of boundaries attributable to the annexation
31 or division becomes effective for all purposes. The amount
32 of the total difference payment and the amount thereof to be
33 allocated to the annexing or resulting districts shall be
34 computed by the State Board of Education on the basis of
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1 pupil enrollment and other data which shall be certified to
2 the State Board of Education, on forms which it shall provide
3 for that purpose, by the regional superintendent of schools
4 for each educational service region in which the annexing and
5 annexed districts, or resulting and divided districts are
6 located.
7 (3.5) Claims for financial assistance under this
8 subsection (I) shall not be recomputed except as expressly
9 provided under this Section.
10 (4) Any supplementary payment made under this subsection
11 (I) shall be treated as separate from all other payments made
12 pursuant to this Section.
13 (J) Supplementary Grants in Aid.
14 (1) Notwithstanding any other provisions of this
15 Section, the amount of the aggregate general State aid in
16 combination with supplemental general State aid under this
17 Section for which each school district is eligible shall be
18 no less than the amount of the aggregate general State aid
19 entitlement that was received by the district under Section
20 18-8 (exclusive of amounts received under subsections 5(p)
21 and 5(p-5) of that Section) for the 1997-98 school year,
22 pursuant to the provisions of that Section as it was then in
23 effect. If a school district qualifies to receive a
24 supplementary payment made under this subsection (J), the
25 amount of the aggregate general State aid in combination with
26 supplemental general State aid under this Section which that
27 district is eligible to receive for each school year shall be
28 no less than the amount of the aggregate general State aid
29 entitlement that was received by the district under Section
30 18-8 (exclusive of amounts received under subsections 5(p)
31 and 5(p-5) of that Section) for the 1997-1998 school year,
32 pursuant to the provisions of that Section as it was then in
33 effect.
34 (2) If, as provided in paragraph (1) of this subsection
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1 (J), a school district is to receive aggregate general State
2 aid in combination with supplemental general State aid under
3 this Section for the 1998-99 school year and any subsequent
4 school year that in any such school year is less than the
5 amount of the aggregate general State aid entitlement that
6 the district received for the 1997-98 school year, the school
7 district shall also receive, from a separate appropriation
8 made for purposes of this subsection (J), a supplementary
9 payment that is equal to the amount of the difference in the
10 aggregate State aid figures as described in paragraph (1).
11 (3) (Blank).
12 (K) Grants to Laboratory and Alternative Schools.
13 In calculating the amount to be paid to the governing
14 board of a public university that operates a laboratory
15 school under this Section or to any alternative school that
16 is operated by a regional superintendent of schools, the
17 State Board of Education shall require by rule such reporting
18 requirements as it deems necessary.
19 As used in this Section, "laboratory school" means a
20 public school which is created and operated by a public
21 university and approved by the State Board of Education. The
22 governing board of a public university which receives funds
23 from the State Board under this subsection (K) may not
24 increase the number of students enrolled in its laboratory
25 school from a single district, if that district is already
26 sending 50 or more students, except under a mutual agreement
27 between the school board of a student's district of residence
28 and the university which operates the laboratory school. A
29 laboratory school may not have more than 1,000 students,
30 excluding students with disabilities in a special education
31 program.
32 As used in this Section, "alternative school" means a
33 public school which is created and operated by a Regional
34 Superintendent of Schools and approved by the State Board of
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1 Education. Such alternative schools may offer courses of
2 instruction for which credit is given in regular school
3 programs, courses to prepare students for the high school
4 equivalency testing program or vocational and occupational
5 training. A regional superintendent of schools may contract
6 with a school district or a public community college district
7 to operate an alternative school. An alternative school
8 serving more than one educational service region may be
9 established by the regional superintendents of schools of the
10 affected educational service regions. An alternative school
11 serving more than one educational service region may be
12 operated under such terms as the regional superintendents of
13 schools of those educational service regions may agree.
14 Each laboratory and alternative school shall file, on
15 forms provided by the State Superintendent of Education, an
16 annual State aid claim which states the Average Daily
17 Attendance of the school's students by month. The best 3
18 months' Average Daily Attendance shall be computed for each
19 school. The general State aid entitlement shall be computed
20 by multiplying the applicable Average Daily Attendance by the
21 Foundation Level as determined under this Section.
22 (L) Payments, Additional Grants in Aid and Other
23 Requirements.
24 (1) For a school district operating under the financial
25 supervision of an Authority created under Article 34A, the
26 general State aid otherwise payable to that district under
27 this Section, but not the supplemental general State aid,
28 shall be reduced by an amount equal to the budget for the
29 operations of the Authority as certified by the Authority to
30 the State Board of Education, and an amount equal to such
31 reduction shall be paid to the Authority created for such
32 district for its operating expenses in the manner provided in
33 Section 18-11. The remainder of general State school aid for
34 any such district shall be paid in accordance with Article
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1 34A when that Article provides for a disposition other than
2 that provided by this Article.
3 (2) (Blank).
4 (3) Summer school. Summer school payments shall be made
5 as provided in Section 18-4.3.
6 (M) Education Funding Advisory Board.
7 The Education Funding Advisory Board, hereinafter in this
8 subsection (M) referred to as the "Board", is hereby created.
9 The Board shall consist of 5 members who are appointed by the
10 Governor, by and with the advice and consent of the Senate.
11 The members appointed shall include representatives of
12 education, business, and the general public. One of the
13 members so appointed shall be designated by the Governor at
14 the time the appointment is made as the chairperson of the
15 Board. The initial members of the Board may be appointed any
16 time after the effective date of this amendatory Act of 1997.
17 The regular term of each member of the Board shall be for 4
18 years from the third Monday of January of the year in which
19 the term of the member's appointment is to commence, except
20 that of the 5 initial members appointed to serve on the
21 Board, the member who is appointed as the chairperson shall
22 serve for a term that commences on the date of his or her
23 appointment and expires on the third Monday of January, 2002,
24 and the remaining 4 members, by lots drawn at the first
25 meeting of the Board that is held after all 5 members are
26 appointed, shall determine 2 of their number to serve for
27 terms that commence on the date of their respective
28 appointments and expire on the third Monday of January, 2001,
29 and 2 of their number to serve for terms that commence on the
30 date of their respective appointments and expire on the third
31 Monday of January, 2000. All members appointed to serve on
32 the Board shall serve until their respective successors are
33 appointed and confirmed. Vacancies shall be filled in the
34 same manner as original appointments. If a vacancy in
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1 membership occurs at a time when the Senate is not in
2 session, the Governor shall make a temporary appointment
3 until the next meeting of the Senate, when he or she shall
4 appoint, by and with the advice and consent of the Senate, a
5 person to fill that membership for the unexpired term. If
6 the Senate is not in session when the initial appointments
7 are made, those appointments shall be made as in the case of
8 vacancies.
9 The Education Funding Advisory Board shall be deemed
10 established, and the initial members appointed by the
11 Governor to serve as members of the Board shall take office,
12 on the date that the Governor makes his or her appointment of
13 the fifth initial member of the Board, whether those initial
14 members are then serving pursuant to appointment and
15 confirmation or pursuant to temporary appointments that are
16 made by the Governor as in the case of vacancies.
17 The State Board of Education shall provide such staff
18 assistance to the Education Funding Advisory Board as is
19 reasonably required for the proper performance by the Board
20 of its responsibilities.
21 For school years after the 2000-2001 school year, the
22 Education Funding Advisory Board, in consultation with the
23 State Board of Education, shall make recommendations as
24 provided in this subsection (M) to the General Assembly for
25 the foundation level under subdivision (B)(3) of this Section
26 and for the supplemental general State aid grant level under
27 subsection (H) of this Section for districts with high
28 concentrations of children from poverty. The recommended
29 foundation level shall be determined based on a methodology
30 which incorporates the basic education expenditures of
31 low-spending schools exhibiting high academic performance.
32 The Education Funding Advisory Board shall make such
33 recommendations to the General Assembly on January 1 of odd
34 numbered years, beginning January 1, 2001.
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1 (N) (Blank).
2 (O) References.
3 (1) References in other laws to the various subdivisions
4 of Section 18-8 as that Section existed before its repeal and
5 replacement by this Section 18-8.05 shall be deemed to refer
6 to the corresponding provisions of this Section 18-8.05, to
7 the extent that those references remain applicable.
8 (2) References in other laws to State Chapter 1 funds
9 shall be deemed to refer to the supplemental general State
10 aid provided under subsection (H) of this Section.
11 (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566;
12 90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff.
13 7-30-98; 90-802, eff. 12-15-98; 90-815, eff. 2-11-99; 91-24,
14 eff. 7-1-99; 91-93, eff. 7-9-99; 91-96, eff. 7-9-99; 91-111,
15 eff. 7-14-99; 91-357, eff. 7-29-99; 91-533, eff. 8-13-99;
16 revised 8-27-99.)".