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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
92_SB0377eng SB377 Engrossed LRB9207374NTsb 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 SB377 Engrossed -2- LRB9207374NTsb 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 SB377 Engrossed -3- LRB9207374NTsb 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 SB377 Engrossed -4- LRB9207374NTsb 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. SB377 Engrossed -5- LRB9207374NTsb 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 SB377 Engrossed -6- LRB9207374NTsb 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 SB377 Engrossed -7- LRB9207374NTsb 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 SB377 Engrossed -8- LRB9207374NTsb 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 SB377 Engrossed -9- LRB9207374NTsb 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 SB377 Engrossed -10- LRB9207374NTsb 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, SB377 Engrossed -11- LRB9207374NTsb 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 SB377 Engrossed -12- LRB9207374NTsb 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 SB377 Engrossed -13- LRB9207374NTsb 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 SB377 Engrossed -14- LRB9207374NTsb 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.