State of Illinois
92nd General Assembly
Legislation

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92_HB3050

 
                                               LRB9207211NTsb

 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
 
                            -2-                LRB9207211NTsb
 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
 
                            -3-                LRB9207211NTsb
 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
 
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 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 $4,700 $4,425
15    or such greater amount as may be established by  law  by  the
16    General 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.

33    (D)  Available Local Resources.
 
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 1        (1)  For   purposes  of  calculating  general  State  aid
 2    pursuant to subsection (E),  a  representation  of  Available
 3    Local  Resources  per  pupil,  as  that  term  is defined and
 4    determined in this subsection, shall be utilized.   Available
 5    Local  Resources  per pupil shall include a calculated dollar
 6    amount representing local school district revenues from local
 7    property  taxes  and   from   Corporate   Personal   Property
 8    Replacement  Taxes,  expressed  on  the  basis  of  pupils in
 9    Average Daily Attendance.
10        (2)  In determining  a  school  district's  revenue  from
11    local  property  taxes,  the  State  Board of Education shall
12    utilize the  equalized  assessed  valuation  of  all  taxable
13    property  of  each  school district as of September 30 of the
14    previous year.  The  equalized  assessed  valuation  utilized
15    shall  be  obtained  and determined as provided in subsection
16    (G).
17        (3)  For school districts maintaining grades kindergarten
18    through 12, local property tax revenues per  pupil  shall  be
19    calculated   as  the  product  of  the  applicable  equalized
20    assessed valuation for the district multiplied by 3.00%,  and
21    divided  by  the  district's Average Daily Attendance figure.
22    For school districts maintaining grades kindergarten  through
23    8,  local property tax revenues per pupil shall be calculated
24    as the product of the applicable equalized assessed valuation
25    for the district multiplied by  2.30%,  and  divided  by  the
26    district's  Average  Daily  Attendance  figure.   For  school
27    districts maintaining grades 9 through 12, local property tax
28    revenues per pupil shall be the applicable equalized assessed
29    valuation of the district multiplied by 1.05%, and divided by
30    the district's Average Daily Attendance figure.
31        (4)  The  Corporate  Personal  Property Replacement Taxes
32    paid to each school district during the calendar year 2 years
33    before the calendar year  in  which  a  school  year  begins,
34    divided  by  the  Average  Daily  Attendance  figure for that
 
                            -6-                LRB9207211NTsb
 1    district, shall be added to the local property  tax  revenues
 2    per  pupil  as  derived by the application of the immediately
 3    preceding paragraph (3).  The sum of these per pupil  figures
 4    for  each  school  district  shall constitute Available Local
 5    Resources as that term is utilized in subsection (E)  in  the
 6    calculation of general State aid.

 7    (E)  Computation of General State Aid.
 8        (1)  For  each  school  year, the amount of general State
 9    aid allotted to a school district shall be  computed  by  the
10    State Board of Education as provided in this subsection.
11        (2)  For  any  school  district for which Available Local
12    Resources per pupil is less than the product  of  0.93  times
13    the  Foundation  Level,  general  State aid for that district
14    shall be calculated as an  amount  equal  to  the  Foundation
15    Level  minus  Available  Local  Resources,  multiplied by the
16    Average Daily Attendance of the school district.
17        (3)  For any school district for  which  Available  Local
18    Resources  per  pupil is equal to or greater than the product
19    of 0.93 times the Foundation Level and less than the  product
20    of 1.75 times the Foundation Level, the general State aid per
21    pupil  shall  be a decimal proportion of the Foundation Level
22    derived  using  a  linear  algorithm.   Under   this   linear
23    algorithm,  the  calculated general State aid per pupil shall
24    decline  in  direct  linear  fashion  from  0.07  times   the
25    Foundation  Level  for a school district with Available Local
26    Resources equal to the product of 0.93 times  the  Foundation
27    Level,  to  0.05  times  the  Foundation  Level  for a school
28    district with Available Local Resources equal to the  product
29    of  1.75  times  the  Foundation  Level.   The  allocation of
30    general State  aid  for  school  districts  subject  to  this
31    paragraph  3  shall  be  the calculated general State aid per
32    pupil figure multiplied by the Average  Daily  Attendance  of
33    the school district.
34        (4)  For  any  school  district for which Available Local
 
                            -7-                LRB9207211NTsb
 1    Resources per pupil equals or exceeds  the  product  of  1.75
 2    times  the  Foundation  Level,  the general State aid for the
 3    school district shall be calculated as the  product  of  $218
 4    multiplied  by  the  Average  Daily  Attendance of the school
 5    district.
 6        (5)  The amount of  general  State  aid  allocated  to  a
 7    school  district  for  the  1999-2000 school year meeting the
 8    requirements set forth in paragraph  (4)  of  subsection  (G)
 9    shall  be  increased  by an amount equal to the general State
10    aid that would have been received by  the  district  for  the
11    1998-1999  school  year by utilizing the Extension Limitation
12    Equalized Assessed Valuation as calculated in  paragraph  (4)
13    of subsection (G) less the general State aid allotted for the
14    1998-1999  school  year.   This  amount shall be deemed a one
15    time increase, and shall not affect any future general  State
16    aid allocations.

17    (F)  Compilation of Average Daily Attendance.
18        (1)  Each  school district shall, by July 1 of each year,
19    submit to the State Board of Education, on  forms  prescribed
20    by  the  State Board of Education, attendance figures for the
21    school year that began in the preceding calendar  year.   The
22    attendance  information  so  transmitted  shall  identify the
23    average daily attendance figures for each month of the school
24    year, except that any days of attendance in August  shall  be
25    added to the month of September and any days of attendance in
26    June shall be added to the month of May.
27        Except  as  otherwise  provided  in this Section, days of
28    attendance by pupils shall be counted only  for  sessions  of
29    not  less  than  5  clock  hours of school work per day under
30    direct supervision of: (i)  teachers,  or  (ii)  non-teaching
31    personnel   or   volunteer   personnel   when   engaging   in
32    non-teaching   duties  and  supervising  in  those  instances
33    specified in subsection (a) of Section 10-22.34 and paragraph
34    10 of Section 34-18, with pupils of legal school age  and  in
 
                            -8-                LRB9207211NTsb
 1    kindergarten and grades 1 through 12.
 2        Days  of attendance by tuition pupils shall be accredited
 3    only to the districts that pay the tuition  to  a  recognized
 4    school.
 5        (2)  Days  of  attendance  by pupils of less than 5 clock
 6    hours of school shall be subject to the following  provisions
 7    in the compilation of Average Daily Attendance.
 8             (a)  Pupils  regularly  enrolled  in a public school
 9        for only a part of the school day may be counted  on  the
10        basis  of  1/6 day for every class hour of instruction of
11        40 minutes or more attended pursuant to such enrollment.
12             (b)  Days of attendance may be  less  than  5  clock
13        hours  on the opening and closing of the school term, and
14        upon the first day of pupil attendance, if preceded by  a
15        day  or  days  utilized  as  an  institute  or  teachers'
16        workshop.
17             (c)  A  session  of  4  or  more  clock hours may be
18        counted as a day of attendance upon certification by  the
19        regional   superintendent,  and  approved  by  the  State
20        Superintendent  of  Education  to  the  extent  that  the
21        district has been forced to use daily multiple sessions.
22             (d)  A session of 3  or  more  clock  hours  may  be
23        counted  as a day of attendance (1) when the remainder of
24        the school day or at least 2 hours in the evening of that
25        day is utilized for an in-service  training  program  for
26        teachers,  up  to  a maximum of 5 days per school year of
27        which a maximum of 4 days of such 5 days may be used  for
28        parent-teacher  conferences, provided a district conducts
29        an in-service training program  for  teachers  which  has
30        been  approved  by the State Superintendent of Education;
31        or, in lieu of 4 such days, 2 full days may be  used,  in
32        which  event  each  such  day  may be counted as a day of
33        attendance; and  (2)  when  days  in  addition  to  those
34        provided  in  item (1) are scheduled by a school pursuant
 
                            -9-                LRB9207211NTsb
 1        to its school improvement plan adopted under  Article  34
 2        or its revised or amended school improvement plan adopted
 3        under  Article 2, provided that (i) such sessions of 3 or
 4        more clock  hours  are  scheduled  to  occur  at  regular
 5        intervals, (ii) the remainder of the school days in which
 6        such  sessions occur are utilized for in-service training
 7        programs  or  other  staff  development  activities   for
 8        teachers,  and  (iii)  a  sufficient number of minutes of
 9        school work under the direct supervision of teachers  are
10        added to the school days between such regularly scheduled
11        sessions  to  accumulate  not  less  than  the  number of
12        minutes by which such sessions of 3 or more  clock  hours
13        fall  short  of 5 clock hours. Any full days used for the
14        purposes of this paragraph shall not  be  considered  for
15        computing  average  daily attendance.  Days scheduled for
16        in-service   training   programs,    staff    development
17        activities,   or   parent-teacher   conferences   may  be
18        scheduled  separately  for  different  grade  levels  and
19        different attendance centers of the district.
20             (e)  A session of not less than one  clock  hour  of
21        teaching  hospitalized  or homebound pupils on-site or by
22        telephone to the classroom may be counted as 1/2  day  of
23        attendance,  however  these pupils must receive 4 or more
24        clock hours of instruction to be counted for a  full  day
25        of attendance.
26             (f)  A  session  of  at  least  4 clock hours may be
27        counted as a day of attendance for  first  grade  pupils,
28        and  pupils in full day kindergartens, and a session of 2
29        or more hours may be counted as 1/2 day of attendance  by
30        pupils  in  kindergartens  which  provide only 1/2 day of
31        attendance.
32             (g)  For children with disabilities  who  are  below
33        the  age of 6 years and who cannot attend 2 or more clock
34        hours  because  of  their  disability  or  immaturity,  a
 
                            -10-               LRB9207211NTsb
 1        session of not less than one clock hour may be counted as
 2        1/2 day of attendance; however for  such  children  whose
 3        educational needs so require a session of 4 or more clock
 4        hours may be counted as a full day of attendance.
 5             (h)  A  recognized  kindergarten  which provides for
 6        only 1/2 day of attendance by each pupil shall  not  have
 7        more  than  1/2 day of attendance counted in any one day.
 8        However, kindergartens may count 2 1/2 days of attendance
 9        in any 5 consecutive school days.  When a  pupil  attends
10        such  a  kindergarten  for  2 half days on any one school
11        day, the pupil shall have the  following  day  as  a  day
12        absent  from  school,  unless the school district obtains
13        permission in writing from the  State  Superintendent  of
14        Education.  Attendance at kindergartens which provide for
15        a  full  day of attendance by each pupil shall be counted
16        the same as attendance by first grade pupils.   Only  the
17        first  year  of  attendance  in one kindergarten shall be
18        counted, except in  case  of  children  who  entered  the
19        kindergarten   in  their  fifth  year  whose  educational
20        development requires a second  year  of  kindergarten  as
21        determined  under  the rules and regulations of the State
22        Board of Education.

23    (G)  Equalized Assessed Valuation Data.
24        (1)  For purposes of the calculation of  Available  Local
25    Resources  required  pursuant  to  subsection  (D), the State
26    Board of  Education  shall  secure  from  the  Department  of
27    Revenue  the value as equalized or assessed by the Department
28    of Revenue of all taxable property of every school  district,
29    together  with  (i) the applicable tax rate used in extending
30    taxes for the funds of the district as of September 30 of the
31    previous year and (ii)  the  limiting  rate  for  all  school
32    districts  subject  to  property tax extension limitations as
33    imposed under the Property Tax Extension Limitation Law.
34        This equalized assessed valuation, as adjusted further by
 
                            -11-               LRB9207211NTsb
 1    the requirements of this subsection, shall be utilized in the
 2    calculation of Available Local Resources.
 3        (2)  The equalized assessed valuation  in  paragraph  (1)
 4    shall be adjusted, as applicable, in the following manner:
 5             (a)  For the purposes of calculating State aid under
 6        this  Section,  with  respect  to  any  part  of a school
 7        district within a redevelopment project area  in  respect
 8        to   which  a  municipality  has  adopted  tax  increment
 9        allocation  financing  pursuant  to  the  Tax   Increment
10        Allocation  Redevelopment Act, Sections 11-74.4-1 through
11        11-74.4-11  of  the  Illinois  Municipal  Code   or   the
12        Industrial  Jobs Recovery Law, Sections 11-74.6-1 through
13        11-74.6-50 of the Illinois Municipal Code, no part of the
14        current equalized assessed  valuation  of  real  property
15        located in any such project area which is attributable to
16        an  increase  above  the total initial equalized assessed
17        valuation of such property shall be used as part  of  the
18        equalized  assessed valuation of the district, until such
19        time as all redevelopment project costs have  been  paid,
20        as  provided  in  Section  11-74.4-8 of the Tax Increment
21        Allocation Redevelopment Act or in Section 11-74.6-35  of
22        the Industrial Jobs Recovery Law.  For the purpose of the
23        equalized  assessed  valuation of the district, the total
24        initial  equalized  assessed  valuation  or  the  current
25        equalized assessed valuation, whichever is  lower,  shall
26        be  used  until  such  time  as all redevelopment project
27        costs have been paid.
28             (b)  The real property equalized assessed  valuation
29        for  a  school  district shall be adjusted by subtracting
30        from the real property value as equalized or assessed  by
31        the  Department  of  Revenue  for  the district an amount
32        computed by dividing the amount of any abatement of taxes
33        under Section 18-170 of the Property Tax  Code  by  3.00%
34        for  a  district  maintaining grades kindergarten through
 
                            -12-               LRB9207211NTsb
 1        12,  by  2.30%  for   a   district   maintaining   grades
 2        kindergarten  through  8,  or  by  1.05%  for  a district
 3        maintaining grades 9 through 12 and adjusted by an amount
 4        computed by dividing the amount of any abatement of taxes
 5        under subsection (a) of Section 18-165  of  the  Property
 6        Tax  Code  by the same percentage rates for district type
 7        as specified in this subparagraph (b).
 8        (3)  For the 1999-2000 school year and each  school  year
 9    thereafter, if a school district meets all of the criteria of
10    this subsection (G)(3), the school district's Available Local
11    Resources  shall be calculated under subsection (D) using the
12    district's Extension Limitation Equalized Assessed  Valuation
13    as calculated under this subsection (G)(3).
14        For  purposes  of  this  subsection  (G)(3) the following
15    terms shall have the following meanings:
16             "Budget Year":  The school year  for  which  general
17        State aid is calculated and awarded under subsection (E).
18             "Base  Tax Year": The property tax levy year used to
19        calculate the Budget Year  allocation  of  general  State
20        aid.
21             "Preceding  Tax  Year":  The  property tax levy year
22        immediately preceding the Base Tax Year.
23             "Base Tax Year's Tax Extension": The product of  the
24        equalized assessed valuation utilized by the County Clerk
25        in  the  Base Tax Year multiplied by the limiting rate as
26        calculated  by  the  County  Clerk  and  defined  in  the
27        Property Tax Extension Limitation Law.
28             "Preceding Tax Year's Tax Extension": The product of
29        the equalized assessed valuation utilized by  the  County
30        Clerk  in  the  Preceding  Tax  Year  multiplied  by  the
31        Operating Tax Rate as defined in subsection (A).
32             "Extension  Limitation  Ratio":  A  numerical ratio,
33        certified by the County Clerk, in which the numerator  is
34        the  Base Tax Year's Tax Extension and the denominator is
 
                            -13-               LRB9207211NTsb
 1        the Preceding Tax Year's Tax Extension.
 2             "Operating Tax Rate":  The  operating  tax  rate  as
 3        defined in subsection (A).
 4        If a school district is subject to property tax extension
 5    limitations  as  imposed  under  the  Property  Tax Extension
 6    Limitation Law, and if the Available Local Resources of  that
 7    school  district  as  calculated  pursuant  to subsection (D)
 8    using the Base Tax Year are less than  the  product  of  1.75
 9    times  the  Foundation  Level  for the Budget Year, the State
10    Board of Education shall calculate the  Extension  Limitation
11    Equalized  Assessed  Valuation  of  that  district.   For the
12    1999-2000 school year,  the  Extension  Limitation  Equalized
13    Assessed  Valuation of a school district as calculated by the
14    State Board of Education shall be equal to the product of the
15    district's  1996  Equalized  Assessed   Valuation   and   the
16    district's  Extension  Limitation  Ratio.   For the 2000-2001
17    school year and each school year  thereafter,  the  Extension
18    Limitation  Equalized Assessed Valuation of a school district
19    as calculated by the State Board of Education shall be  equal
20    to  the  product  of the last calculated Extension Limitation
21    Equalized Assessed Valuation  and  the  district's  Extension
22    Limitation  Ratio.  If  the  Extension  Limitation  Equalized
23    Assessed  Valuation  of a school district as calculated under
24    this subsection (G)(3) is less than the district's  equalized
25    assessed  valuation  as  calculated  pursuant  to subsections
26    (G)(1) and (G)(2),  then  for  purposes  of  calculating  the
27    district's  general State aid for the Budget Year pursuant to
28    subsection (E), that Extension Limitation Equalized  Assessed
29    Valuation  shall  be  utilized  to  calculate  the district's
30    Available Local Resources under subsection (D).
31        (4)  For the purposes of calculating  general  State  aid
32    for  the  1999-2000  school  year  only, if a school district
33    experienced  a  triennial  reassessment  on   the   equalized
34    assessed  valuation  used  in  calculating  its general State
 
                            -14-               LRB9207211NTsb
 1    financial aid apportionment for the  1998-1999  school  year,
 2    the  State  Board  of Education shall calculate the Extension
 3    Limitation Equalized Assessed Valuation that would have  been
 4    used to calculate the district's 1998-1999 general State aid.
 5    This amount shall equal the product of the equalized assessed
 6    valuation  used  to  calculate  general  State  aid  for  the
 7    1997-1998 school year and the district's Extension Limitation
 8    Ratio.    If  the  Extension  Limitation  Equalized  Assessed
 9    Valuation of the school district  as  calculated  under  this
10    paragraph  (4) is less than the district's equalized assessed
11    valuation utilized in calculating  the  district's  1998-1999
12    general   State   aid   allocation,   then  for  purposes  of
13    calculating the district's  general  State  aid  pursuant  to
14    paragraph  (5)  of  subsection (E), that Extension Limitation
15    Equalized Assessed Valuation shall be utilized  to  calculate
16    the district's Available Local Resources.
17        (5)  For  school  districts  having  a  majority of their
18    equalized assessed  valuation  in  any  county  except  Cook,
19    DuPage,  Kane,  Lake,  McHenry,  or  Will,  if  the amount of
20    general State aid allocated to the school  district  for  the
21    1999-2000 school year under the provisions of subsection (E),
22    (H),  and  (J)  of  this  Section  is less than the amount of
23    general State aid allocated to the district for the 1998-1999
24    school year under these subsections, then the  general  State
25    aid  of the district for the 1999-2000 school year only shall
26    be increased by the difference between  these  amounts.   The
27    total payments made under this paragraph (5) shall not exceed
28    $14,000,000.    Claims  shall  be  prorated  if  they  exceed
29    $14,000,000.

30    (H)  Supplemental General State Aid.
31        (1)  In addition  to  the  general  State  aid  a  school
32    district  is  allotted pursuant to subsection (E), qualifying
33    school districts shall receive a grant, paid  in  conjunction
34    with   a  district's  payments  of  general  State  aid,  for
 
                            -15-               LRB9207211NTsb
 1    supplemental general State aid based upon  the  concentration
 2    level  of  children  from  low-income  households  within the
 3    school district. Supplemental State aid grants  provided  for
 4    school  districts under this subsection shall be appropriated
 5    for distribution to school districts as part of the same line
 6    item in which the  general  State  financial  aid  of  school
 7    districts is appropriated under this Section. For purposes of
 8    this  subsection,  the  term "Low-Income Concentration Level"
 9    shall be the low-income eligible pupil count  from  the  most
10    recently  available  federal  census  divided  by the Average
11    Daily Attendance of the school  district.  If,  however,  the
12    percentage  decrease  from the 2 most recent federal censuses
13    in the low-income eligible  pupil  count  of  a  high  school
14    district  with fewer than 400 students exceeds by 75% or more
15    the percentage change in the total low-income eligible  pupil
16    count   of  contiguous  elementary  school  districts,  whose
17    boundaries are coterminous with the high school district, the
18    high school district's low-income eligible pupil  count  from
19    the  earlier  federal  census shall be the number used as the
20    low-income eligible pupil count for the high school district,
21    for purposes of this subsection (H).
22        (2)  Supplemental general  State  aid  pursuant  to  this
23    subsection shall be provided as follows:
24             (a)  For  any  school  district  with  a  Low Income
25        Concentration Level of at least 20% and  less  than  35%,
26        the grant for any school year shall be $800 multiplied by
27        the low income eligible pupil count.
28             (b)  For  any  school  district  with  a  Low Income
29        Concentration Level of at least 35% and  less  than  50%,
30        the  grant  for the 1998-1999 school year shall be $1,100
31        multiplied by the low income eligible pupil count.
32             (c)  For any  school  district  with  a  Low  Income
33        Concentration  Level  of  at least 50% and less than 60%,
34        the grant for the 1998-99 school  year  shall  be  $1,500
 
                            -16-               LRB9207211NTsb
 1        multiplied by the low income eligible pupil count.
 2             (d)  For  any  school  district  with  a  Low Income
 3        Concentration Level of 60% or more,  the  grant  for  the
 4        1998-99 school year shall be $1,900 multiplied by the low
 5        income eligible pupil count.
 6             (e)  For  the  1999-2000  school year, the per pupil
 7        amount specified  in  subparagraphs  (b),  (c),  and  (d)
 8        immediately  above  shall be increased to $1,243, $1,600,
 9        and $2,000, respectively.
10             (f)  For the 2000-2001 school year,  the  per  pupil
11        amounts  specified  in  subparagraphs  (b),  (c), and (d)
12        immediately above shall be $1,273,  $1,640,  and  $2,050,
13        respectively.
14        (3)  School districts with an Average Daily Attendance of
15    more  than  1,000  and  less  than  50,000  that  qualify for
16    supplemental general State aid pursuant  to  this  subsection
17    shall  submit a plan to the State Board of Education prior to
18    October 30 of each year for the use of  the  funds  resulting
19    from  this  grant  of  supplemental general State aid for the
20    improvement of instruction in  which  priority  is  given  to
21    meeting  the education needs of disadvantaged children.  Such
22    plan  shall  be  submitted  in  accordance  with  rules   and
23    regulations promulgated by the State Board of Education.
24        (4)  School districts with an Average Daily Attendance of
25    50,000  or  more  that qualify for supplemental general State
26    aid  pursuant  to  this  subsection  shall  be  required   to
27    distribute  from funds available pursuant to this Section, no
28    less than  $261,000,000  in  accordance  with  the  following
29    requirements:
30             (a)  The  required  amounts  shall be distributed to
31        the attendance centers within the district in  proportion
32        to  the  number  of  pupils  enrolled  at each attendance
33        center who are eligible to receive free or  reduced-price
34        lunches  or  breakfasts under the federal Child Nutrition
 
                            -17-               LRB9207211NTsb
 1        Act of 1966 and  under  the  National  School  Lunch  Act
 2        during the immediately preceding school year.
 3             (b)  The   distribution   of   these   portions   of
 4        supplemental  and  general  State  aid  among  attendance
 5        centers  according  to  these  requirements  shall not be
 6        compensated for or  contravened  by  adjustments  of  the
 7        total  of  other  funds  appropriated  to  any attendance
 8        centers, and the Board of Education shall utilize funding
 9        from one or several sources in order to  fully  implement
10        this provision annually prior to the opening of school.
11             (c)  Each attendance center shall be provided by the
12        school  district  a  distribution of noncategorical funds
13        and other categorical funds to which an attendance center
14        is entitled under law in order that the general State aid
15        and  supplemental   general   State   aid   provided   by
16        application  of  this  subsection supplements rather than
17        supplants the noncategorical funds and other  categorical
18        funds  provided  by the school district to the attendance
19        centers.
20             (d)  Any funds made available under this  subsection
21        that  by  reason of the provisions of this subsection are
22        not required to be allocated and provided  to  attendance
23        centers  may be used and appropriated by the board of the
24        district for any lawful school purpose.
25             (e)  Funds received by an attendance center pursuant
26        to this subsection shall be used by the attendance center
27        at the discretion  of  the  principal  and  local  school
28        council for programs to improve educational opportunities
29        at  qualifying schools through the following programs and
30        services: early childhood education, reduced  class  size
31        or  improved adult to student classroom ratio, enrichment
32        programs, remedial  assistance,  attendance  improvement,
33        and  other  educationally  beneficial  expenditures which
34        supplement the regular and basic programs  as  determined
 
                            -18-               LRB9207211NTsb
 1        by  the  State  Board of Education.  Funds provided shall
 2        not be expended for any political or lobbying purposes as
 3        defined by board rule.
 4             (f)  Each district subject to the provisions of this
 5        subdivision (H)(4) shall submit  an  acceptable  plan  to
 6        meet  the educational needs of disadvantaged children, in
 7        compliance with the requirements of  this  paragraph,  to
 8        the  State  Board  of  Education prior to July 15 of each
 9        year. This plan shall be consistent with the decisions of
10        local school councils concerning the  school  expenditure
11        plans  developed  in  accordance  with  part 4 of Section
12        34-2.3.  The State Board shall approve or reject the plan
13        within 60 days after its  submission.   If  the  plan  is
14        rejected,  the  district  shall  give  written  notice of
15        intent  to  modify  the  plan  within  15  days  of   the
16        notification of rejection and then submit a modified plan
17        within  30  days  after the date of the written notice of
18        intent to modify.  Districts  may  amend  approved  plans
19        pursuant  to  rules  promulgated  by  the  State Board of
20        Education.
21             Upon notification by the State  Board  of  Education
22        that  the district has not submitted a plan prior to July
23        15 or a modified plan within the  time  period  specified
24        herein,  the  State  aid  funds  affected by that plan or
25        modified plan shall be withheld by  the  State  Board  of
26        Education until a plan or modified plan is submitted.
27             If  the  district  fails  to distribute State aid to
28        attendance centers in accordance with an  approved  plan,
29        the  plan for the following year shall allocate funds, in
30        addition  to  the  funds  otherwise  required   by   this
31        subsection,   to  those  attendance  centers  which  were
32        underfunded during the previous year in amounts equal  to
33        such underfunding.
34             For  purposes  of  determining  compliance with this
 
                            -19-               LRB9207211NTsb
 1        subsection in relation to the requirements of  attendance
 2        center  funding,  each district subject to the provisions
 3        of this subsection shall submit as a separate document by
 4        December 1 of each year a report of expenditure data  for
 5        the  prior  year  in  addition to any modification of its
 6        current plan.  If it is determined that there has been  a
 7        failure to comply with the expenditure provisions of this
 8        subsection  regarding  contravention  or supplanting, the
 9        State Superintendent of Education shall, within  60  days
10        of  receipt  of  the  report, notify the district and any
11        affected local school council.  The district shall within
12        45 days of receipt of that notification inform the  State
13        Superintendent of Education of the remedial or corrective
14        action  to be taken, whether  by amendment of the current
15        plan, if feasible, or by adjustment in the plan  for  the
16        following  year.   Failure  to  provide  the  expenditure
17        report  or  the  notification  of  remedial or corrective
18        action in a timely manner shall result in  a  withholding
19        of the affected funds.
20             The  State Board of Education shall promulgate rules
21        and regulations  to  implement  the  provisions  of  this
22        subsection.   No  funds  shall  be  released  under  this
23        subdivision (H)(4) to any district that has not submitted
24        a  plan  that  has  been  approved  by the State Board of
25        Education.

26    (I)  General State Aid for Newly Configured School Districts.
27        (1)  For  a  new  school  district  formed  by  combining
28    property  included  totally  within  2  or  more   previously
29    existing  school  districts,  for its first year of existence
30    the general State aid  and  supplemental  general  State  aid
31    calculated  under  this Section shall be computed for the new
32    district and for the previously existing districts for  which
33    property is totally included within the new district.  If the
34    computation on the basis of the previously existing districts
 
                            -20-               LRB9207211NTsb
 1    is  greater,  a supplementary payment equal to the difference
 2    shall be made for the first 4 years of existence of  the  new
 3    district.
 4        (2)  For  a  school  district  which  annexes  all of the
 5    territory of one or more entire other school  districts,  for
 6    the   first  year  during  which  the  change  of  boundaries
 7    attributable to such annexation  becomes  effective  for  all
 8    purposes as determined under Section 7-9 or 7A-8, the general
 9    State aid and supplemental general State aid calculated under
10    this  Section  shall be computed for the annexing district as
11    constituted after the annexation and  for  the  annexing  and
12    each annexed district as constituted prior to the annexation;
13    and  if  the  computation  on  the  basis of the annexing and
14    annexed districts as constituted prior to the  annexation  is
15    greater,  a  supplementary  payment  equal  to the difference
16    shall be made for the first  4  years  of  existence  of  the
17    annexing school district as constituted upon such annexation.
18        (3)  For  2  or  more school districts which annex all of
19    the territory of one or more entire other  school  districts,
20    and  for 2 or more community unit districts which result upon
21    the division (pursuant to petition under  Section  11A-2)  of
22    one  or more other unit school districts into 2 or more parts
23    and which together include all of the parts into  which  such
24    other  unit  school district or districts are so divided, for
25    the  first  year  during  which  the  change  of   boundaries
26    attributable to such annexation or division becomes effective
27    for  all  purposes as determined under Section 7-9 or 11A-10,
28    as the case may be, the general State  aid  and  supplemental
29    general  State  aid  calculated  under  this Section shall be
30    computed  for  each  annexing  or   resulting   district   as
31    constituted  after  the  annexation  or division and for each
32    annexing and annexed district,  or  for  each  resulting  and
33    divided  district,  as constituted prior to the annexation or
34    division; and if the aggregate of the general State  aid  and
 
                            -21-               LRB9207211NTsb
 1    supplemental  general  State  aid  as  so  computed  for  the
 2    annexing  or  resulting  districts  as  constituted after the
 3    annexation or division is less  than  the  aggregate  of  the
 4    general  State  aid  and supplemental general State aid as so
 5    computed for the annexing and annexed districts, or  for  the
 6    resulting  and divided districts, as constituted prior to the
 7    annexation or division, then a supplementary payment equal to
 8    the difference shall be made and allocated between  or  among
 9    the annexing or resulting districts, as constituted upon such
10    annexation  or  division,  for  the  first  4  years of their
11    existence.  The total difference payment shall  be  allocated
12    between  or  among the annexing or resulting districts in the
13    same ratio as the pupil enrollment from that portion  of  the
14    annexed  or divided district or districts which is annexed to
15    or included in each such annexing or resulting district bears
16    to the total pupil enrollment  from  the  entire  annexed  or
17    divided  district  or  districts, as such pupil enrollment is
18    determined for the school year last ending prior to the  date
19    when  the change of boundaries attributable to the annexation
20    or division becomes effective for all purposes.   The  amount
21    of  the total difference payment and the amount thereof to be
22    allocated to the annexing or  resulting  districts  shall  be
23    computed  by  the  State  Board  of Education on the basis of
24    pupil enrollment and other data which shall be  certified  to
25    the State Board of Education, on forms which it shall provide
26    for  that  purpose, by the regional superintendent of schools
27    for each educational service region in which the annexing and
28    annexed districts, or resulting  and  divided  districts  are
29    located.
30        (3.5)  Claims   for   financial   assistance  under  this
31    subsection (I) shall not be recomputed  except  as  expressly
32    provided under this Section.
33        (4)  Any supplementary payment made under this subsection
34    (I) shall be treated as separate from all other payments made
 
                            -22-               LRB9207211NTsb
 1    pursuant to this Section.

 2    (J)  Supplementary Grants in Aid.
 3        (1)  Notwithstanding   any   other   provisions  of  this
 4    Section, the amount of the aggregate  general  State  aid  in
 5    combination  with  supplemental  general State aid under this
 6    Section for which each school district is eligible  shall  be
 7    no  less  than  the amount of the aggregate general State aid
 8    entitlement that was received by the district  under  Section
 9    18-8  (exclusive  of  amounts received under subsections 5(p)
10    and 5(p-5) of that Section)  for  the  1997-98  school  year,
11    pursuant  to the provisions of that Section as it was then in
12    effect.  If  a  school  district  qualifies  to   receive   a
13    supplementary  payment  made  under  this subsection (J), the
14    amount of the aggregate general State aid in combination with
15    supplemental general State aid under this Section  which that
16    district is eligible to receive for each school year shall be
17    no less than the amount of the aggregate  general  State  aid
18    entitlement  that  was received by the district under Section
19    18-8 (exclusive of amounts received  under  subsections  5(p)
20    and  5(p-5)  of  that Section) for the 1997-1998 school year,
21    pursuant to the provisions of that Section as it was then  in
22    effect.
23        (2)  If,  as provided in paragraph (1) of this subsection
24    (J), a school district is to receive aggregate general  State
25    aid  in combination with supplemental general State aid under
26    this Section for the 1998-99 school year and  any  subsequent
27    school  year  that  in  any such school year is less than the
28    amount of the aggregate general State  aid  entitlement  that
29    the district received for the 1997-98 school year, the school
30    district  shall  also  receive, from a separate appropriation
31    made for purposes of this  subsection  (J),  a  supplementary
32    payment  that is equal to the amount of the difference in the
33    aggregate State aid figures as described in paragraph (1).
34        (3)  (Blank).
 
                            -23-               LRB9207211NTsb
 1    (K)  Grants to Laboratory and Alternative Schools.
 2        In calculating the amount to be  paid  to  the  governing
 3    board  of  a  public  university  that  operates a laboratory
 4    school under this Section or to any alternative  school  that
 5    is  operated  by  a  regional  superintendent of schools, the
 6    State Board of Education shall require by rule such reporting
 7    requirements as it deems necessary.
 8        As used in this  Section,  "laboratory  school"  means  a
 9    public  school  which  is  created  and  operated by a public
10    university and approved by the State Board of Education.  The
11    governing board of a public university which  receives  funds
12    from  the  State  Board  under  this  subsection  (K) may not
13    increase the number of students enrolled  in  its  laboratory
14    school  from  a  single district, if that district is already
15    sending 50 or more students, except under a mutual  agreement
16    between the school board of a student's district of residence
17    and  the  university which operates the laboratory school.  A
18    laboratory school may not  have  more  than  1,000  students,
19    excluding  students  with disabilities in a special education
20    program.
21        As used in this Section,  "alternative  school"  means  a
22    public  school  which  is  created and operated by a Regional
23    Superintendent of Schools and approved by the State Board  of
24    Education.   Such  alternative  schools  may offer courses of
25    instruction for which  credit  is  given  in  regular  school
26    programs,  courses  to  prepare  students for the high school
27    equivalency testing program or  vocational  and  occupational
28    training.   A regional superintendent of schools may contract
29    with a school district or a public community college district
30    to  operate  an  alternative  school.   An alternative school
31    serving more than  one  educational  service  region  may  be
32    established by the regional superintendents of schools of the
33    affected  educational service regions.  An alternative school
34    serving more than  one  educational  service  region  may  be
 
                            -24-               LRB9207211NTsb
 1    operated  under such terms as the regional superintendents of
 2    schools of those educational service regions may agree.
 3        Each laboratory and alternative  school  shall  file,  on
 4    forms  provided  by the State Superintendent of Education, an
 5    annual  State  aid  claim  which  states  the  Average  Daily
 6    Attendance of the school's students by  month.   The  best  3
 7    months'  Average  Daily Attendance shall be computed for each
 8    school. The general State aid entitlement shall  be  computed
 9    by multiplying the applicable Average Daily Attendance by the
10    Foundation Level as determined under this Section.

11    (L)  Payments,   Additional   Grants   in   Aid   and   Other
12    Requirements.
13        (1)  For  a school district operating under the financial
14    supervision of an Authority created under  Article  34A,  the
15    general  State  aid  otherwise payable to that district under
16    this Section, but not the  supplemental  general  State  aid,
17    shall  be  reduced  by  an amount equal to the budget for the
18    operations of the Authority as certified by the Authority  to
19    the  State  Board  of  Education, and an amount equal to such
20    reduction shall be paid to the  Authority  created  for  such
21    district for its operating expenses in the manner provided in
22    Section 18-11.  The remainder of general State school aid for
23    any  such  district  shall be paid in accordance with Article
24    34A when that Article provides for a disposition  other  than
25    that provided by this Article.
26        (2)  (Blank).
27        (3)  Summer school.  Summer school payments shall be made
28    as provided in Section 18-4.3.

29    (M)  Education Funding Advisory Board.
30        The Education Funding Advisory Board, hereinafter in this
31    subsection (M) referred to as the "Board", is hereby created.
32    The Board shall consist of 5 members who are appointed by the
33    Governor,  by  and with the advice and consent of the Senate.
 
                            -25-               LRB9207211NTsb
 1    The  members  appointed  shall  include  representatives   of
 2    education,  business,  and  the  general  public.  One of the
 3    members so appointed shall be designated by the  Governor  at
 4    the  time  the  appointment is made as the chairperson of the
 5    Board. The initial members of the Board may be appointed  any
 6    time after the effective date of this amendatory Act of 1997.
 7    The  regular  term of each member of the Board shall be for 4
 8    years from the third Monday of January of the year  in  which
 9    the  term  of the member's appointment is to commence, except
10    that of the 5 initial  members  appointed  to  serve  on  the
11    Board,  the  member who is appointed as the chairperson shall
12    serve for a term that commences on the date  of  his  or  her
13    appointment and expires on the third Monday of January, 2002,
14    and  the  remaining  4  members,  by  lots drawn at the first
15    meeting of the Board that is held after  all  5  members  are
16    appointed,  shall  determine  2  of their number to serve for
17    terms  that  commence  on  the  date  of   their   respective
18    appointments and expire on the third Monday of January, 2001,
19    and 2 of their number to serve for terms that commence on the
20    date of their respective appointments and expire on the third
21    Monday  of  January, 2000.  All members appointed to serve on
22    the Board shall serve until their respective  successors  are
23    appointed  and  confirmed.   Vacancies shall be filled in the
24    same manner  as  original  appointments.   If  a  vacancy  in
25    membership  occurs  at  a  time  when  the  Senate  is not in
26    session, the Governor  shall  make  a  temporary  appointment
27    until  the  next  meeting of the Senate, when he or she shall
28    appoint, by and with the advice and consent of the Senate,  a
29    person  to  fill  that membership for the unexpired term.  If
30    the Senate is not in session when  the  initial  appointments
31    are  made, those appointments shall be made as in the case of
32    vacancies.
33        The Education Funding  Advisory  Board  shall  be  deemed
34    established,   and  the  initial  members  appointed  by  the
 
                            -26-               LRB9207211NTsb
 1    Governor to serve as members of the Board shall take  office,
 2    on the date that the Governor makes his or her appointment of
 3    the  fifth initial member of the Board, whether those initial
 4    members  are  then  serving  pursuant  to   appointment   and
 5    confirmation  or  pursuant to temporary appointments that are
 6    made by the Governor as in the case of vacancies.
 7        The State Board of Education  shall  provide  such  staff
 8    assistance  to  the  Education  Funding  Advisory Board as is
 9    reasonably required for the proper performance by  the  Board
10    of its responsibilities.
11        For  school  years  after  the 2000-2001 school year, the
12    Education Funding Advisory Board, in  consultation  with  the
13    State  Board  of  Education,  shall  make  recommendations as
14    provided in this subsection (M) to the General  Assembly  for
15    the foundation level under subdivision (B)(3) of this Section
16    and  for the supplemental general State aid grant level under
17    subsection (H)  of  this  Section  for  districts  with  high
18    concentrations  of  children  from  poverty.  The recommended
19    foundation level shall be determined based on  a  methodology
20    which   incorporates  the  basic  education  expenditures  of
21    low-spending schools exhibiting  high  academic  performance.
22    The   Education   Funding  Advisory  Board  shall  make  such
23    recommendations to the General Assembly on January 1  of  odd
24    numbered years, beginning January 1, 2001.

25    (N)  (Blank).

26    (O)  References.
27        (1)  References in other laws to the various subdivisions
28    of Section 18-8 as that Section existed before its repeal and
29    replacement  by this Section 18-8.05 shall be deemed to refer
30    to the corresponding provisions of this Section  18-8.05,  to
31    the extent that those references remain applicable.
32        (2)  References  in  other  laws to State Chapter 1 funds
33    shall be deemed to refer to the  supplemental  general  State
 
                            -27-               LRB9207211NTsb
 1    aid provided under subsection (H) of this Section.
 2    (Source:  P.A.  90-548,  eff.  7-1-98;  incorporates  90-566;
 3    90-653,  eff.  7-29-98;  90-654,  eff.  7-29-98; 90-655, eff.
 4    7-30-98; 90-802, eff. 12-15-98; 90-815, eff. 2-11-99;  91-24,
 5    eff.  7-1-99; 91-93, eff. 7-9-99; 91-96, eff. 7-9-99; 91-111,
 6    eff. 7-14-99; 91-357, eff.  7-29-99;  91-533,  eff.  8-13-99;
 7    revised 8-27-99.)

 8        Section  99.   Effective  date.  This Act takes effect on
 9    July 1, 2001.

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