State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]


92_SB0377eng

 
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 1        AN ACT with respect 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
 
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 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
 
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 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 $4,425 or such
15    greater amount as may be established by law  by  the  General
16    Assembly.

17    (C)  Average Daily Attendance.
18        (1)  For   purposes  of  calculating  general  State  aid
19    pursuant to  subsection  (E),  an  Average  Daily  Attendance
20    figure  shall  be  utilized.   The  Average  Daily Attendance
21    figure for formula calculation purposes shall be the  monthly
22    average  of the actual number of pupils in attendance of each
23    school district, as further averaged for the best 3 months of
24    pupil attendance for each school district.  In compiling  the
25    figures  for  the  number  of  pupils  in  attendance, school
26    districts  and  the  State  Board  of  Education  shall,  for
27    purposes of general State  aid  funding,  conform  attendance
28    figures to the requirements of subsection (F).
29        (2)  The  Average  Daily  Attendance  figures utilized in
30    subsection (E) shall be the requisite attendance data for the
31    school year immediately preceding the school year  for  which
32    general State aid is being calculated.

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
 
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 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
 
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 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
 
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 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        unless  a pupil is enrolled in a block-schedule format of
13        80 minutes or more of  instruction,  in  which  case  the
14        pupil  may  be  counted on the basis of the proportion of
15        minutes of school work completed each day to the  minimum
16        number of minutes that school work is required to be held
17        that day.
18             (b)  Days  of  attendance  may  be less than 5 clock
19        hours on the opening and closing of the school term,  and
20        upon  the first day of pupil attendance, if preceded by a
21        day  or  days  utilized  as  an  institute  or  teachers'
22        workshop.
23             (c)  A session of 4  or  more  clock  hours  may  be
24        counted  as a day of attendance upon certification by the
25        regional  superintendent,  and  approved  by  the   State
26        Superintendent  of  Education  to  the  extent  that  the
27        district has been forced to use daily multiple sessions.
28             (d)  A  session  of  3  or  more  clock hours may be
29        counted as a day of attendance (1) when the remainder  of
30        the school day or at least 2 hours in the evening of that
31        day  is  utilized  for an in-service training program for
32        teachers, up to a maximum of 5 days per  school  year  of
33        which  a maximum of 4 days of such 5 days may be used for
34        parent-teacher conferences, provided a district  conducts
 
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 1        an  in-service  training  program  for teachers which has
 2        been approved by the State Superintendent  of  Education;
 3        or,  in  lieu of 4 such days, 2 full days may be used, in
 4        which event each such day may be  counted  as  a  day  of
 5        attendance;  and  (2)  when  days  in  addition  to those
 6        provided in item (1) are scheduled by a  school  pursuant
 7        to  its  school improvement plan adopted under Article 34
 8        or its revised or amended school improvement plan adopted
 9        under Article 2, provided that (i) such sessions of 3  or
10        more  clock  hours  are  scheduled  to  occur  at regular
11        intervals, (ii) the remainder of the school days in which
12        such sessions occur are utilized for in-service  training
13        programs   or  other  staff  development  activities  for
14        teachers, and (iii) a sufficient  number  of  minutes  of
15        school  work under the direct supervision of teachers are
16        added to the school days between such regularly scheduled
17        sessions to  accumulate  not  less  than  the  number  of
18        minutes  by  which such sessions of 3 or more clock hours
19        fall short of 5 clock hours. Any full days used  for  the
20        purposes  of  this  paragraph shall not be considered for
21        computing average daily attendance.  Days  scheduled  for
22        in-service    training    programs,   staff   development
23        activities,  or   parent-teacher   conferences   may   be
24        scheduled  separately  for  different  grade  levels  and
25        different attendance centers of the district.
26             (e)  A  session  of  not less than one clock hour of
27        teaching hospitalized or homebound pupils on-site  or  by
28        telephone  to  the classroom may be counted as 1/2 day of
29        attendance, however these pupils must receive 4  or  more
30        clock  hours  of instruction to be counted for a full day
31        of attendance.
32             (f)  A session of at least  4  clock  hours  may  be
33        counted  as  a  day of attendance for first grade pupils,
34        and pupils in full day kindergartens, and a session of  2
 
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 1        or  more hours may be counted as 1/2 day of attendance by
 2        pupils in kindergartens which provide  only  1/2  day  of
 3        attendance.
 4             (g)  For  children  with  disabilities who are below
 5        the age of 6 years and who cannot attend 2 or more  clock
 6        hours  because  of  their  disability  or  immaturity,  a
 7        session of not less than one clock hour may be counted as
 8        1/2  day  of  attendance; however for such children whose
 9        educational needs so require a session of 4 or more clock
10        hours may be counted as a full day of attendance.
11             (h)  A recognized kindergarten  which  provides  for
12        only  1/2  day of attendance by each pupil shall not have
13        more than 1/2 day of attendance counted in any  one  day.
14        However, kindergartens may count 2 1/2 days of attendance
15        in  any  5 consecutive school days.  When a pupil attends
16        such a kindergarten for 2 half days  on  any  one  school
17        day,  the  pupil  shall  have  the following day as a day
18        absent from school, unless the  school  district  obtains
19        permission  in  writing  from the State Superintendent of
20        Education.  Attendance at kindergartens which provide for
21        a full day of attendance by each pupil shall  be  counted
22        the  same  as attendance by first grade pupils.  Only the
23        first year of attendance in  one  kindergarten  shall  be
24        counted,  except  in  case  of  children  who entered the
25        kindergarten  in  their  fifth  year  whose   educational
26        development  requires  a  second  year of kindergarten as
27        determined under the rules and regulations of  the  State
28        Board of Education.

29    (G)  Equalized Assessed Valuation Data.
30        (1)  For  purposes  of the calculation of Available Local
31    Resources required pursuant  to  subsection  (D),  the  State
32    Board  of  Education  shall  secure  from  the  Department of
33    Revenue the value as equalized or assessed by the  Department
34    of  Revenue of all taxable property of every school district,
 
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 1    together with (i) the applicable tax rate used  in  extending
 2    taxes for the funds of the district as of September 30 of the
 3    previous  year  and  (ii)  the  limiting  rate for all school
 4    districts subject to property tax  extension  limitations  as
 5    imposed under the Property Tax Extension Limitation Law.
 6        This equalized assessed valuation, as adjusted further by
 7    the requirements of this subsection, shall be utilized in the
 8    calculation of Available Local Resources.
 9        (2)  The  equalized  assessed  valuation in paragraph (1)
10    shall be adjusted, as applicable, in the following manner:
11             (a)  For the purposes of calculating State aid under
12        this Section, with  respect  to  any  part  of  a  school
13        district  within  a redevelopment project area in respect
14        to  which  a  municipality  has  adopted  tax   increment
15        allocation   financing  pursuant  to  the  Tax  Increment
16        Allocation Redevelopment Act, Sections 11-74.4-1  through
17        11-74.4-11   of   the  Illinois  Municipal  Code  or  the
18        Industrial Jobs Recovery Law, Sections 11-74.6-1  through
19        11-74.6-50 of the Illinois Municipal Code, no part of the
20        current  equalized  assessed  valuation  of real property
21        located in any such project area which is attributable to
22        an increase above the total  initial  equalized  assessed
23        valuation  of  such property shall be used as part of the
24        equalized assessed valuation of the district, until  such
25        time  as  all redevelopment project costs have been paid,
26        as provided in Section 11-74.4-8  of  the  Tax  Increment
27        Allocation  Redevelopment Act or in Section 11-74.6-35 of
28        the Industrial Jobs Recovery Law.  For the purpose of the
29        equalized assessed valuation of the district,  the  total
30        initial  equalized  assessed  valuation  or  the  current
31        equalized  assessed  valuation, whichever is lower, shall
32        be used until such  time  as  all  redevelopment  project
33        costs have been paid.
34             (b)  The  real property equalized assessed valuation
 
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 1        for a school district shall be  adjusted  by  subtracting
 2        from  the real property value as equalized or assessed by
 3        the Department of Revenue  for  the  district  an  amount
 4        computed by dividing the amount of any abatement of taxes
 5        under  Section  18-170  of the Property Tax Code by 3.00%
 6        for a district maintaining  grades  kindergarten  through
 7        12,   by   2.30%   for   a  district  maintaining  grades
 8        kindergarten through  8,  or  by  1.05%  for  a  district
 9        maintaining grades 9 through 12 and adjusted by an amount
10        computed by dividing the amount of any abatement of taxes
11        under  subsection  (a)  of Section 18-165 of the Property
12        Tax Code by the same percentage rates for  district  type
13        as specified in this subparagraph (b).
14        (3)  For  the  1999-2000 school year and each school year
15    thereafter, if a school district meets all of the criteria of
16    this subsection (G)(3), the school district's Available Local
17    Resources shall be calculated under subsection (D) using  the
18    district's  Extension Limitation Equalized Assessed Valuation
19    as calculated under this subsection (G)(3).
20        For purposes of  this  subsection  (G)(3)  the  following
21    terms shall have the following meanings:
22             "Budget  Year":   The  school year for which general
23        State aid is calculated and awarded under subsection (E).
24             "Base Tax Year": The property tax levy year used  to
25        calculate  the  Budget  Year  allocation of general State
26        aid.
27             "Preceding Tax Year": The  property  tax  levy  year
28        immediately preceding the Base Tax Year.
29             "Base  Tax Year's Tax Extension": The product of the
30        equalized assessed valuation utilized by the County Clerk
31        in the Base Tax Year multiplied by the limiting  rate  as
32        calculated  by  the  County  Clerk  and  defined  in  the
33        Property Tax Extension Limitation Law.
34             "Preceding Tax Year's Tax Extension": The product of
 
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 1        the  equalized  assessed valuation utilized by the County
 2        Clerk  in  the  Preceding  Tax  Year  multiplied  by  the
 3        Operating Tax Rate as defined in subsection (A).
 4             "Extension Limitation  Ratio":  A  numerical  ratio,
 5        certified  by the County Clerk, in which the numerator is
 6        the Base Tax Year's Tax Extension and the denominator  is
 7        the Preceding Tax Year's Tax Extension.
 8             "Operating  Tax  Rate":  The  operating  tax rate as
 9        defined in subsection (A).
10        If a school district is subject to property tax extension
11    limitations as  imposed  under  the  Property  Tax  Extension
12    Limitation  Law, and if the Available Local Resources of that
13    school district as  calculated  pursuant  to  subsection  (D)
14    using  the  Base  Tax  Year are less than the product of 1.75
15    times the Foundation Level for the  Budget  Year,  the  State
16    Board  of  Education shall calculate the Extension Limitation
17    Equalized Assessed  Valuation  of  that  district.   For  the
18    1999-2000  school  year,  the  Extension Limitation Equalized
19    Assessed Valuation of a school district as calculated by  the
20    State Board of Education shall be equal to the product of the
21    district's   1996   Equalized   Assessed  Valuation  and  the
22    district's Extension Limitation  Ratio.   For  the  2000-2001
23    school  year  and  each school year thereafter, the Extension
24    Limitation Equalized Assessed Valuation of a school  district
25    as  calculated by the State Board of Education shall be equal
26    to the product of the last  calculated  Extension  Limitation
27    Equalized  Assessed  Valuation  and  the district's Extension
28    Limitation  Ratio.  If  the  Extension  Limitation  Equalized
29    Assessed Valuation of a school district as  calculated  under
30    this  subsection (G)(3) is less than the district's equalized
31    assessed valuation  as  calculated  pursuant  to  subsections
32    (G)(1)  and  (G)(2),  then  for  purposes  of calculating the
33    district's general State aid for the Budget Year pursuant  to
34    subsection  (E), that Extension Limitation Equalized Assessed
 
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 1    Valuation shall  be  utilized  to  calculate  the  district's
 2    Available Local Resources under subsection (D).
 3        (4)  For  the  purposes  of calculating general State aid
 4    for the 1999-2000 school year  only,  if  a  school  district
 5    experienced   a   triennial  reassessment  on  the  equalized
 6    assessed valuation used  in  calculating  its  general  State
 7    financial  aid  apportionment  for the 1998-1999 school year,
 8    the State Board of Education shall  calculate  the  Extension
 9    Limitation  Equalized Assessed Valuation that would have been
10    used to calculate the district's 1998-1999 general State aid.
11    This amount shall equal the product of the equalized assessed
12    valuation  used  to  calculate  general  State  aid  for  the
13    1997-1998 school year and the district's Extension Limitation
14    Ratio.   If  the  Extension  Limitation  Equalized   Assessed
15    Valuation  of  the  school  district as calculated under this
16    paragraph (4) is less than the district's equalized  assessed
17    valuation  utilized  in  calculating the district's 1998-1999
18    general  State  aid  allocation,   then   for   purposes   of
19    calculating  the  district's  general  State  aid pursuant to
20    paragraph (5) of subsection (E),  that  Extension  Limitation
21    Equalized  Assessed  Valuation shall be utilized to calculate
22    the district's Available Local Resources.
23        (5)  For school districts  having  a  majority  of  their
24    equalized  assessed  valuation  in  any  county  except Cook,
25    DuPage, Kane, Lake,  McHenry,  or  Will,  if  the  amount  of
26    general  State  aid  allocated to the school district for the
27    1999-2000 school year under the provisions of subsection (E),
28    (H), and (J) of this Section  is  less  than  the  amount  of
29    general State aid allocated to the district for the 1998-1999
30    school  year  under these subsections, then the general State
31    aid of the district for the 1999-2000 school year only  shall
32    be  increased  by  the difference between these amounts.  The
33    total payments made under this paragraph (5) shall not exceed
34    $14,000,000.   Claims  shall  be  prorated  if  they   exceed
 
SB377 Engrossed             -15-               LRB9207374NTsb
 1    $14,000,000.

 2    (H)  Supplemental General State Aid.
 3        (1)  In  addition  to  the  general  State  aid  a school
 4    district is allotted pursuant to subsection  (E),  qualifying
 5    school  districts  shall receive a grant, paid in conjunction
 6    with  a  district's  payments  of  general  State  aid,   for
 7    supplemental  general  State aid based upon the concentration
 8    level of  children  from  low-income  households  within  the
 9    school  district.  Supplemental State aid grants provided for
10    school districts under this subsection shall be  appropriated
11    for distribution to school districts as part of the same line
12    item  in  which  the  general  State  financial aid of school
13    districts is appropriated under this Section. For purposes of
14    this subsection, the term  "Low-Income  Concentration  Level"
15    shall  be  the  low-income eligible pupil count from the most
16    recently available federal  census  divided  by  the  Average
17    Daily  Attendance  of  the  school district. If, however, the
18    percentage decrease from the 2 most recent  federal  censuses
19    in  the  low-income  eligible  pupil  count  of a high school
20    district with fewer than 400 students exceeds by 75% or  more
21    the  percentage change in the total low-income eligible pupil
22    count  of  contiguous  elementary  school  districts,   whose
23    boundaries are coterminous with the high school district, the
24    high  school  district's low-income eligible pupil count from
25    the earlier federal census shall be the number  used  as  the
26    low-income eligible pupil count for the high school district,
27    for purposes of this subsection (H).
28        (2)  Supplemental  general  State  aid  pursuant  to this
29    subsection shall be provided as follows:
30             (a)  For any  school  district  with  a  Low  Income
31        Concentration  Level  of  at least 20% and less than 35%,
32        the grant for any school year shall be $800 multiplied by
33        the low income eligible pupil count.
34             (b)  For any  school  district  with  a  Low  Income
 
SB377 Engrossed             -16-               LRB9207374NTsb
 1        Concentration  Level  of  at least 35% and less than 50%,
 2        the grant for the 1998-1999 school year shall  be  $1,100
 3        multiplied by the low income eligible pupil count.
 4             (c)  For  any  school  district  with  a  Low Income
 5        Concentration Level of at least 50% and  less  than  60%,
 6        the  grant  for  the  1998-99 school year shall be $1,500
 7        multiplied by the low income eligible pupil count.
 8             (d)  For any  school  district  with  a  Low  Income
 9        Concentration  Level  of  60%  or more, the grant for the
10        1998-99 school year shall be $1,900 multiplied by the low
11        income eligible pupil count.
12             (e)  For the 1999-2000 school year,  the  per  pupil
13        amount  specified  in  subparagraphs  (b),  (c),  and (d)
14        immediately above shall be increased to  $1,243,  $1,600,
15        and $2,000, respectively.
16             (f)  For  the  2000-2001  school year, the per pupil
17        amounts specified in  subparagraphs  (b),  (c),  and  (d)
18        immediately  above  shall  be $1,273, $1,640, and $2,050,
19        respectively.
20        (3)  School districts with an Average Daily Attendance of
21    more than  1,000  and  less  than  50,000  that  qualify  for
22    supplemental  general  State  aid pursuant to this subsection
23    shall submit a plan to the State Board of Education prior  to
24    October  30  of  each year for the use of the funds resulting
25    from this grant of supplemental general  State  aid  for  the
26    improvement  of  instruction  in  which  priority is given to
27    meeting the education needs of disadvantaged children.   Such
28    plan   shall  be  submitted  in  accordance  with  rules  and
29    regulations promulgated by the State Board of Education.
30        (4)  School districts with an Average Daily Attendance of
31    50,000 or more that qualify for  supplemental  general  State
32    aid   pursuant  to  this  subsection  shall  be  required  to
33    distribute from funds available pursuant to this Section,  no
34    less  than  $261,000,000  in  accordance  with  the following
 
SB377 Engrossed             -17-               LRB9207374NTsb
 1    requirements:
 2             (a)  The required amounts shall  be  distributed  to
 3        the  attendance centers within the district in proportion
 4        to the number  of  pupils  enrolled  at  each  attendance
 5        center  who are eligible to receive free or reduced-price
 6        lunches or breakfasts under the federal  Child  Nutrition
 7        Act  of  1966  and  under  the  National School Lunch Act
 8        during the immediately preceding school year.
 9             (b)  The   distribution   of   these   portions   of
10        supplemental  and  general  State  aid  among  attendance
11        centers according to  these  requirements  shall  not  be
12        compensated  for  or  contravened  by  adjustments of the
13        total of  other  funds  appropriated  to  any  attendance
14        centers, and the Board of Education shall utilize funding
15        from  one  or several sources in order to fully implement
16        this provision annually prior to the opening of school.
17             (c)  Each attendance center shall be provided by the
18        school district a distribution  of  noncategorical  funds
19        and other categorical funds to which an attendance center
20        is entitled under law in order that the general State aid
21        and   supplemental   general   State   aid   provided  by
22        application of this subsection  supplements  rather  than
23        supplants  the noncategorical funds and other categorical
24        funds provided by the school district to  the  attendance
25        centers.
26             (d)  Any  funds made available under this subsection
27        that by reason of the provisions of this  subsection  are
28        not  required  to be allocated and provided to attendance
29        centers may be used and appropriated by the board of  the
30        district for any lawful school purpose.
31             (e)  Funds received by an attendance center pursuant
32        to this subsection shall be used by the attendance center
33        at  the  discretion  of  the  principal  and local school
34        council for programs to improve educational opportunities
 
SB377 Engrossed             -18-               LRB9207374NTsb
 1        at qualifying schools through the following programs  and
 2        services:  early  childhood education, reduced class size
 3        or improved adult to student classroom ratio,  enrichment
 4        programs,  remedial  assistance,  attendance improvement,
 5        and other  educationally  beneficial  expenditures  which
 6        supplement  the  regular and basic programs as determined
 7        by the State Board of Education.   Funds  provided  shall
 8        not be expended for any political or lobbying purposes as
 9        defined by board rule.
10             (f)  Each district subject to the provisions of this
11        subdivision  (H)(4)  shall  submit  an acceptable plan to
12        meet the educational needs of disadvantaged children,  in
13        compliance  with  the  requirements of this paragraph, to
14        the State Board of Education prior to  July  15  of  each
15        year. This plan shall be consistent with the decisions of
16        local  school  councils concerning the school expenditure
17        plans developed in accordance  with  part  4  of  Section
18        34-2.3.  The State Board shall approve or reject the plan
19        within  60  days  after  its  submission.  If the plan is
20        rejected, the  district  shall  give  written  notice  of
21        intent   to  modify  the  plan  within  15  days  of  the
22        notification of rejection and then submit a modified plan
23        within 30 days after the date of the  written  notice  of
24        intent  to  modify.    Districts may amend approved plans
25        pursuant to rules  promulgated  by  the  State  Board  of
26        Education.
27             Upon  notification  by  the State Board of Education
28        that the district has not submitted a plan prior to  July
29        15  or  a  modified plan within the time period specified
30        herein, the State aid funds  affected  by  that  plan  or
31        modified  plan  shall  be  withheld by the State Board of
32        Education until a plan or modified plan is submitted.
33             If the district fails to  distribute  State  aid  to
34        attendance  centers  in accordance with an approved plan,
 
SB377 Engrossed             -19-               LRB9207374NTsb
 1        the plan for the following year shall allocate funds,  in
 2        addition   to   the  funds  otherwise  required  by  this
 3        subsection,  to  those  attendance  centers  which   were
 4        underfunded  during the previous year in amounts equal to
 5        such underfunding.
 6             For purposes of  determining  compliance  with  this
 7        subsection  in relation to the requirements of attendance
 8        center funding, each district subject to  the  provisions
 9        of this subsection shall submit as a separate document by
10        December  1 of each year a report of expenditure data for
11        the prior year in addition to  any  modification  of  its
12        current  plan.  If it is determined that there has been a
13        failure to comply with the expenditure provisions of this
14        subsection regarding contravention  or  supplanting,  the
15        State  Superintendent  of Education shall, within 60 days
16        of receipt of the report, notify  the  district  and  any
17        affected local school council.  The district shall within
18        45  days of receipt of that notification inform the State
19        Superintendent of Education of the remedial or corrective
20        action to be taken, whether  by amendment of the  current
21        plan,  if  feasible, or by adjustment in the plan for the
22        following  year.   Failure  to  provide  the  expenditure
23        report or the  notification  of  remedial  or  corrective
24        action  in  a timely manner shall result in a withholding
25        of the affected funds.
26             The State Board of Education shall promulgate  rules
27        and  regulations  to  implement  the  provisions  of this
28        subsection.   No  funds  shall  be  released  under  this
29        subdivision (H)(4) to any district that has not submitted
30        a plan that has been  approved  by  the  State  Board  of
31        Education.

32    (I)  General State Aid for Newly Configured School Districts.
33        (1)  For  a  new  school  district  formed  by  combining
34    property   included  totally  within  2  or  more  previously
 
SB377 Engrossed             -20-               LRB9207374NTsb
 1    existing school districts, for its first  year  of  existence
 2    the  general  State  aid  and  supplemental general State aid
 3    calculated under this Section shall be computed for  the  new
 4    district  and for the previously existing districts for which
 5    property is totally included within the new district.  If the
 6    computation on the basis of the previously existing districts
 7    is greater, a supplementary payment equal to  the  difference
 8    shall  be  made for the first 4 years of existence of the new
 9    district.
10        (2)  For a school  district  which  annexes  all  of  the
11    territory  of  one or more entire other school districts, for
12    the  first  year  during  which  the  change  of   boundaries
13    attributable  to  such  annexation  becomes effective for all
14    purposes as determined under Section 7-9 or 7A-8, the general
15    State aid and supplemental general State aid calculated under
16    this Section shall be computed for the annexing  district  as
17    constituted  after  the  annexation  and for the annexing and
18    each annexed district as constituted prior to the annexation;
19    and if the computation on  the  basis  of  the  annexing  and
20    annexed  districts  as constituted prior to the annexation is
21    greater, a supplementary  payment  equal  to  the  difference
22    shall  be  made  for  the  first  4 years of existence of the
23    annexing school district as constituted upon such annexation.
24        (3)  For 2 or more school districts which  annex  all  of
25    the  territory  of one or more entire other school districts,
26    and for 2 or more community unit districts which result  upon
27    the  division  (pursuant  to petition under Section 11A-2) of
28    one or more other unit school districts into 2 or more  parts
29    and  which  together include all of the parts into which such
30    other unit school district or districts are so  divided,  for
31    the   first  year  during  which  the  change  of  boundaries
32    attributable to such annexation or division becomes effective
33    for all purposes as determined under Section 7-9  or  11A-10,
34    as  the  case  may be, the general State aid and supplemental
 
SB377 Engrossed             -21-               LRB9207374NTsb
 1    general State aid calculated  under  this  Section  shall  be
 2    computed   for   each   annexing  or  resulting  district  as
 3    constituted after the annexation or  division  and  for  each
 4    annexing  and  annexed  district,  or  for each resulting and
 5    divided district, as constituted prior to the  annexation  or
 6    division;  and  if the aggregate of the general State aid and
 7    supplemental  general  State  aid  as  so  computed  for  the
 8    annexing or resulting  districts  as  constituted  after  the
 9    annexation  or  division  is  less  than the aggregate of the
10    general State aid and supplemental general State  aid  as  so
11    computed  for  the annexing and annexed districts, or for the
12    resulting and divided districts, as constituted prior to  the
13    annexation or division, then a supplementary payment equal to
14    the  difference  shall be made and allocated between or among
15    the annexing or resulting districts, as constituted upon such
16    annexation or division,  for  the  first  4  years  of  their
17    existence.   The  total difference payment shall be allocated
18    between or among the annexing or resulting districts  in  the
19    same  ratio  as the pupil enrollment from that portion of the
20    annexed or divided district or districts which is annexed  to
21    or included in each such annexing or resulting district bears
22    to  the  total  pupil  enrollment  from the entire annexed or
23    divided district or districts, as such  pupil  enrollment  is
24    determined  for the school year last ending prior to the date
25    when the change of boundaries attributable to the  annexation
26    or  division  becomes effective for all purposes.  The amount
27    of the total difference payment and the amount thereof to  be
28    allocated  to  the  annexing  or resulting districts shall be
29    computed by the State Board of  Education  on  the  basis  of
30    pupil  enrollment  and other data which shall be certified to
31    the State Board of Education, on forms which it shall provide
32    for that purpose, by the regional superintendent  of  schools
33    for each educational service region in which the annexing and
34    annexed  districts,  or  resulting  and divided districts are
 
SB377 Engrossed             -22-               LRB9207374NTsb
 1    located.
 2        (3.5)  Claims  for  financial   assistance   under   this
 3    subsection  (I)  shall  not be recomputed except as expressly
 4    provided under this Section.
 5        (4)  Any supplementary payment made under this subsection
 6    (I) shall be treated as separate from all other payments made
 7    pursuant to this Section.

 8    (J)  Supplementary Grants in Aid.
 9        (1)  Notwithstanding  any  other   provisions   of   this
10    Section,  the  amount  of  the aggregate general State aid in
11    combination with supplemental general State  aid  under  this
12    Section  for  which each school district is eligible shall be
13    no less than the amount of the aggregate  general  State  aid
14    entitlement  that  was received by the district under Section
15    18-8 (exclusive of amounts received  under  subsections  5(p)
16    and  5(p-5)  of  that  Section)  for the 1997-98 school year,
17    pursuant to the provisions of that Section as it was then  in
18    effect.   If   a  school  district  qualifies  to  receive  a
19    supplementary payment made under  this  subsection  (J),  the
20    amount of the aggregate general State aid in combination with
21    supplemental general State aid under this Section  which that
22    district is eligible to receive for each school year shall be
23    no  less  than  the amount of the aggregate general State aid
24    entitlement that was received by the district  under  Section
25    18-8  (exclusive  of  amounts received under subsections 5(p)
26    and 5(p-5) of that Section) for the  1997-1998  school  year,
27    pursuant  to the provisions of that Section as it was then in
28    effect.
29        (2)  If, as provided in paragraph (1) of this  subsection
30    (J),  a school district is to receive aggregate general State
31    aid in combination with supplemental general State aid  under
32    this  Section  for the 1998-99 school year and any subsequent
33    school year that in any such school year  is  less  than  the
34    amount  of  the  aggregate general State aid entitlement that
 
SB377 Engrossed             -23-               LRB9207374NTsb
 1    the district received for the 1997-98 school year, the school
 2    district shall also receive, from  a  separate  appropriation
 3    made  for  purposes  of  this subsection (J), a supplementary
 4    payment that is equal to the amount of the difference in  the
 5    aggregate State aid figures as described in paragraph (1).
 6        (3)  (Blank).

 7    (K)  Grants to Laboratory and Alternative Schools.
 8        In  calculating  the  amount  to be paid to the governing
 9    board of a  public  university  that  operates  a  laboratory
10    school  under  this Section or to any alternative school that
11    is operated by a  regional  superintendent  of  schools,  the
12    State Board of Education shall require by rule such reporting
13    requirements as it deems necessary.
14        As  used  in  this  Section,  "laboratory school" means a
15    public school which is  created  and  operated  by  a  public
16    university and approved by the State Board of Education.  The
17    governing  board  of a public university which receives funds
18    from the State  Board  under  this  subsection  (K)  may  not
19    increase  the  number  of students enrolled in its laboratory
20    school from a single district, if that  district  is  already
21    sending  50 or more students, except under a mutual agreement
22    between the school board of a student's district of residence
23    and the university which operates the laboratory  school.   A
24    laboratory  school  may  not  have  more than 1,000 students,
25    excluding students with disabilities in a  special  education
26    program.
27        As  used  in  this  Section, "alternative school" means a
28    public school which is created and  operated  by  a  Regional
29    Superintendent  of Schools and approved by the State Board of
30    Education.  Such alternative schools  may  offer  courses  of
31    instruction  for  which  credit  is  given  in regular school
32    programs, courses to prepare students  for  the  high  school
33    equivalency  testing  program  or vocational and occupational
34    training.   A regional superintendent of schools may contract
 
SB377 Engrossed             -24-               LRB9207374NTsb
 1    with a school district or a public community college district
 2    to operate an  alternative  school.   An  alternative  school
 3    serving  more  than  one  educational  service  region may be
 4    established by the regional superintendents of schools of the
 5    affected educational service regions.  An alternative  school
 6    serving  more  than  one  educational  service  region may be
 7    operated under such terms as the regional superintendents  of
 8    schools of those educational service regions may agree.
 9        Each  laboratory  and  alternative  school shall file, on
10    forms provided by the State Superintendent of  Education,  an
11    annual  State  aid  claim  which  states  the  Average  Daily
12    Attendance  of  the  school's  students by month.  The best 3
13    months' Average Daily Attendance shall be computed  for  each
14    school.  The  general State aid entitlement shall be computed
15    by multiplying the applicable Average Daily Attendance by the
16    Foundation Level as determined under this Section.

17    (L)  Payments,   Additional   Grants   in   Aid   and   Other
18    Requirements.
19        (1)  For a school district operating under the  financial
20    supervision  of  an  Authority created under Article 34A, the
21    general State aid otherwise payable to  that  district  under
22    this  Section,  but  not  the supplemental general State aid,
23    shall be reduced by an amount equal to  the  budget  for  the
24    operations  of the Authority as certified by the Authority to
25    the State Board of Education, and an  amount  equal  to  such
26    reduction  shall  be  paid  to the Authority created for such
27    district for its operating expenses in the manner provided in
28    Section 18-11.  The remainder of general State school aid for
29    any such district shall be paid in  accordance  with  Article
30    34A  when  that Article provides for a disposition other than
31    that provided by this Article.
32        (2)  (Blank).
33        (3)  Summer school.  Summer school payments shall be made
34    as provided in Section 18-4.3.
 
SB377 Engrossed             -25-               LRB9207374NTsb
 1    (M)  Education Funding Advisory Board.
 2        The Education Funding Advisory Board, hereinafter in this
 3    subsection (M) referred to as the "Board", is hereby created.
 4    The Board shall consist of 5 members who are appointed by the
 5    Governor, by and with the advice and consent of  the  Senate.
 6    The   members  appointed  shall  include  representatives  of
 7    education, business, and  the  general  public.  One  of  the
 8    members  so  appointed shall be designated by the Governor at
 9    the time the appointment is made as the  chairperson  of  the
10    Board.  The initial members of the Board may be appointed any
11    time after the effective date of this amendatory Act of 1997.
12    The regular term of each member of the Board shall be  for  4
13    years  from  the third Monday of January of the year in which
14    the term of the member's appointment is to  commence,  except
15    that  of  the  5  initial  members  appointed to serve on the
16    Board, the member who is appointed as the  chairperson  shall
17    serve  for  a  term  that commences on the date of his or her
18    appointment and expires on the third Monday of January, 2002,
19    and the remaining 4 members,  by  lots  drawn  at  the  first
20    meeting  of  the  Board  that is held after all 5 members are
21    appointed, shall determine 2 of their  number  to  serve  for
22    terms   that   commence  on  the  date  of  their  respective
23    appointments and expire on the third Monday of January, 2001,
24    and 2 of their number to serve for terms that commence on the
25    date of their respective appointments and expire on the third
26    Monday of January, 2000.  All members appointed to  serve  on
27    the  Board  shall serve until their respective successors are
28    appointed and confirmed.  Vacancies shall be  filled  in  the
29    same  manner  as  original  appointments.   If  a  vacancy in
30    membership occurs at  a  time  when  the  Senate  is  not  in
31    session,  the  Governor  shall  make  a temporary appointment
32    until the next meeting of the Senate, when he  or  she  shall
33    appoint,  by and with the advice and consent of the Senate, a
34    person to fill that membership for the  unexpired  term.   If
 
SB377 Engrossed             -26-               LRB9207374NTsb
 1    the  Senate  is  not in session when the initial appointments
 2    are made, those appointments shall be made as in the case  of
 3    vacancies.
 4        The  Education  Funding  Advisory  Board  shall be deemed
 5    established,  and  the  initial  members  appointed  by   the
 6    Governor  to serve as members of the Board shall take office,
 7    on the date that the Governor makes his or her appointment of
 8    the fifth initial member of the Board, whether those  initial
 9    members   are   then  serving  pursuant  to  appointment  and
10    confirmation or pursuant to temporary appointments  that  are
11    made by the Governor as in the case of vacancies.
12        The  State  Board  of  Education shall provide such staff
13    assistance to the Education  Funding  Advisory  Board  as  is
14    reasonably  required  for the proper performance by the Board
15    of its responsibilities.
16        For school years after the  2000-2001  school  year,  the
17    Education  Funding  Advisory  Board, in consultation with the
18    State Board  of  Education,  shall  make  recommendations  as
19    provided  in  this subsection (M) to the General Assembly for
20    the foundation level under subdivision (B)(3) of this Section
21    and for the supplemental general State aid grant level  under
22    subsection  (H)  of  this  Section  for  districts  with high
23    concentrations of children  from  poverty.   The  recommended
24    foundation  level  shall be determined based on a methodology
25    which  incorporates  the  basic  education  expenditures   of
26    low-spending  schools  exhibiting  high academic performance.
27    The  Education  Funding  Advisory  Board  shall   make   such
28    recommendations  to  the General Assembly on January 1 of odd
29    numbered years, beginning January 1, 2001.

30    (N)  (Blank).

31    (O)  References.
32        (1)  References in other laws to the various subdivisions
33    of Section 18-8 as that Section existed before its repeal and
 
SB377 Engrossed             -27-               LRB9207374NTsb
 1    replacement by this Section 18-8.05 shall be deemed to  refer
 2    to  the  corresponding provisions of this Section 18-8.05, to
 3    the extent that those references remain applicable.
 4        (2)  References in other laws to State  Chapter  1  funds
 5    shall  be  deemed  to refer to the supplemental general State
 6    aid provided under subsection (H) of this Section.
 7    (Source:  P.A.  90-548,  eff.  7-1-98;  incorporates  90-566;
 8    90-653, eff. 7-29-98;  90-654,  eff.  7-29-98;  90-655,  eff.
 9    7-30-98;  90-802, eff. 12-15-98; 90-815, eff. 2-11-99; 91-24,
10    eff. 7-1-99; 91-93, eff. 7-9-99; 91-96, eff. 7-9-99;  91-111,
11    eff.  7-14-99;  91-357,  eff.  7-29-99; 91-533, eff. 8-13-99;
12    revised 8-27-99.)

13        Section 99.  Effective date.  This Act  takes  effect  on
14    July 1, 2001.

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