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| [ Senate Amendment 001 ] |
92_SB1494
LRB9204633NTpkB
1 AN ACT in relation 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 $4,560 $4,425
15 or such greater amount as may be established by law by the
16 General Assembly.
17 (C) Average Daily Attendance.
18 (1) For purposes of calculating general State aid
19 pursuant to subsection (E), an Average Daily Attendance
20 figure shall be utilized. The Average Daily Attendance
21 figure for formula calculation purposes shall be the monthly
22 average of the actual number of pupils in attendance of each
23 school district, as further averaged for the best 3 months of
24 pupil attendance for each school district. In compiling the
25 figures for the number of pupils in attendance, school
26 districts and the State Board of Education shall, for
27 purposes of general State aid funding, conform attendance
28 figures to the requirements of subsection (F).
29 (2) The Average Daily Attendance figures utilized in
30 subsection (E) shall be the requisite attendance data for the
31 school year immediately preceding the school year for which
32 general State aid is being calculated or the average of the
33 attendance data for the 3 preceding school years, whichever
34 is greater. The Average Daily Attendance figures utilized in
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1 subsection (H) shall be the requisite attendance data for the
2 school year immediately preceding the school year for which
3 general State aid is being calculated.
4 (D) Available Local Resources.
5 (1) For purposes of calculating general State aid
6 pursuant to subsection (E), a representation of Available
7 Local Resources per pupil, as that term is defined and
8 determined in this subsection, shall be utilized. Available
9 Local Resources per pupil shall include a calculated dollar
10 amount representing local school district revenues from local
11 property taxes and from Corporate Personal Property
12 Replacement Taxes, expressed on the basis of pupils in
13 Average Daily Attendance.
14 (2) In determining a school district's revenue from
15 local property taxes, the State Board of Education shall
16 utilize the equalized assessed valuation of all taxable
17 property of each school district as of September 30 of the
18 previous year. The equalized assessed valuation utilized
19 shall be obtained and determined as provided in subsection
20 (G).
21 (3) For school districts maintaining grades kindergarten
22 through 12, local property tax revenues per pupil shall be
23 calculated as the product of the applicable equalized
24 assessed valuation for the district multiplied by 3.00%, and
25 divided by the district's Average Daily Attendance figure.
26 For school districts maintaining grades kindergarten through
27 8, local property tax revenues per pupil shall be calculated
28 as the product of the applicable equalized assessed valuation
29 for the district multiplied by 2.30%, and divided by the
30 district's Average Daily Attendance figure. For school
31 districts maintaining grades 9 through 12, local property tax
32 revenues per pupil shall be the applicable equalized assessed
33 valuation of the district multiplied by 1.05%, and divided by
34 the district's Average Daily Attendance figure.
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1 (4) The Corporate Personal Property Replacement Taxes
2 paid to each school district during the calendar year 2 years
3 before the calendar year in which a school year begins,
4 divided by the Average Daily Attendance figure for that
5 district, shall be added to the local property tax revenues
6 per pupil as derived by the application of the immediately
7 preceding paragraph (3). The sum of these per pupil figures
8 for each school district shall constitute Available Local
9 Resources as that term is utilized in subsection (E) in the
10 calculation of general State aid.
11 (E) Computation of General State Aid.
12 (1) For each school year, the amount of general State
13 aid allotted to a school district shall be computed by the
14 State Board of Education as provided in this subsection.
15 (2) For any school district for which Available Local
16 Resources per pupil is less than the product of 0.93 times
17 the Foundation Level, general State aid for that district
18 shall be calculated as an amount equal to the Foundation
19 Level minus Available Local Resources, multiplied by the
20 Average Daily Attendance of the school district.
21 (3) For any school district for which Available Local
22 Resources per pupil is equal to or greater than the product
23 of 0.93 times the Foundation Level and less than the product
24 of 1.75 times the Foundation Level, the general State aid per
25 pupil shall be a decimal proportion of the Foundation Level
26 derived using a linear algorithm. Under this linear
27 algorithm, the calculated general State aid per pupil shall
28 decline in direct linear fashion from 0.07 times the
29 Foundation Level for a school district with Available Local
30 Resources equal to the product of 0.93 times the Foundation
31 Level, to 0.05 times the Foundation Level for a school
32 district with Available Local Resources equal to the product
33 of 1.75 times the Foundation Level. The allocation of
34 general State aid for school districts subject to this
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1 paragraph 3 shall be the calculated general State aid per
2 pupil figure multiplied by the Average Daily Attendance of
3 the school district.
4 (4) For any school district for which Available Local
5 Resources per pupil equals or exceeds the product of 1.75
6 times the Foundation Level, the general State aid for the
7 school district shall be calculated as the product of $218
8 multiplied by the Average Daily Attendance of the school
9 district.
10 (5) The amount of general State aid allocated to a
11 school district for the 1999-2000 school year meeting the
12 requirements set forth in paragraph (4) of subsection (G)
13 shall be increased by an amount equal to the general State
14 aid that would have been received by the district for the
15 1998-1999 school year by utilizing the Extension Limitation
16 Equalized Assessed Valuation as calculated in paragraph (4)
17 of subsection (G) less the general State aid allotted for the
18 1998-1999 school year. This amount shall be deemed a one
19 time increase, and shall not affect any future general State
20 aid allocations.
21 (F) Compilation of Average Daily Attendance.
22 (1) Each school district shall, by July 1 of each year,
23 submit to the State Board of Education, on forms prescribed
24 by the State Board of Education, attendance figures for the
25 school year that began in the preceding calendar year. The
26 attendance information so transmitted shall identify the
27 average daily attendance figures for each month of the school
28 year, except that any days of attendance in August shall be
29 added to the month of September and any days of attendance in
30 June shall be added to the month of May.
31 Except as otherwise provided in this Section, days of
32 attendance by pupils shall be counted only for sessions of
33 not less than 5 clock hours of school work per day under
34 direct supervision of: (i) teachers, or (ii) non-teaching
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1 personnel or volunteer personnel when engaging in
2 non-teaching duties and supervising in those instances
3 specified in subsection (a) of Section 10-22.34 and paragraph
4 10 of Section 34-18, with pupils of legal school age and in
5 kindergarten and grades 1 through 12.
6 Days of attendance by tuition pupils shall be accredited
7 only to the districts that pay the tuition to a recognized
8 school.
9 (2) Days of attendance by pupils of less than 5 clock
10 hours of school shall be subject to the following provisions
11 in the compilation of Average Daily Attendance.
12 (a) Pupils regularly enrolled in a public school
13 for only a part of the school day may be counted on the
14 basis of 1/6 day for every class hour of instruction of
15 40 minutes or more attended pursuant to such enrollment.
16 (b) Days of attendance may be less than 5 clock
17 hours on the opening and closing of the school term, and
18 upon the first day of pupil attendance, if preceded by a
19 day or days utilized as an institute or teachers'
20 workshop.
21 (c) A session of 4 or more clock hours may be
22 counted as a day of attendance upon certification by the
23 regional superintendent, and approved by the State
24 Superintendent of Education to the extent that the
25 district has been forced to use daily multiple sessions.
26 (d) A session of 3 or more clock hours may be
27 counted as a day of attendance (1) when the remainder of
28 the school day or at least 2 hours in the evening of that
29 day is utilized for an in-service training program for
30 teachers, up to a maximum of 5 days per school year of
31 which a maximum of 4 days of such 5 days may be used for
32 parent-teacher conferences, provided a district conducts
33 an in-service training program for teachers which has
34 been approved by the State Superintendent of Education;
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1 or, in lieu of 4 such days, 2 full days may be used, in
2 which event each such day may be counted as a day of
3 attendance; and (2) when days in addition to those
4 provided in item (1) are scheduled by a school pursuant
5 to its school improvement plan adopted under Article 34
6 or its revised or amended school improvement plan adopted
7 under Article 2, provided that (i) such sessions of 3 or
8 more clock hours are scheduled to occur at regular
9 intervals, (ii) the remainder of the school days in which
10 such sessions occur are utilized for in-service training
11 programs or other staff development activities for
12 teachers, and (iii) a sufficient number of minutes of
13 school work under the direct supervision of teachers are
14 added to the school days between such regularly scheduled
15 sessions to accumulate not less than the number of
16 minutes by which such sessions of 3 or more clock hours
17 fall short of 5 clock hours. Any full days used for the
18 purposes of this paragraph shall not be considered for
19 computing average daily attendance. Days scheduled for
20 in-service training programs, staff development
21 activities, or parent-teacher conferences may be
22 scheduled separately for different grade levels and
23 different attendance centers of the district.
24 (e) A session of not less than one clock hour of
25 teaching hospitalized or homebound pupils on-site or by
26 telephone to the classroom may be counted as 1/2 day of
27 attendance, however these pupils must receive 4 or more
28 clock hours of instruction to be counted for a full day
29 of attendance.
30 (f) A session of at least 4 clock hours may be
31 counted as a day of attendance for first grade pupils,
32 and pupils in full day kindergartens, and a session of 2
33 or more hours may be counted as 1/2 day of attendance by
34 pupils in kindergartens which provide only 1/2 day of
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1 attendance.
2 (g) For children with disabilities who are below
3 the age of 6 years and who cannot attend 2 or more clock
4 hours because of their disability or immaturity, a
5 session of not less than one clock hour may be counted as
6 1/2 day of attendance; however for such children whose
7 educational needs so require a session of 4 or more clock
8 hours may be counted as a full day of attendance.
9 (h) A recognized kindergarten which provides for
10 only 1/2 day of attendance by each pupil shall not have
11 more than 1/2 day of attendance counted in any one day.
12 However, kindergartens may count 2 1/2 days of attendance
13 in any 5 consecutive school days. When a pupil attends
14 such a kindergarten for 2 half days on any one school
15 day, the pupil shall have the following day as a day
16 absent from school, unless the school district obtains
17 permission in writing from the State Superintendent of
18 Education. Attendance at kindergartens which provide for
19 a full day of attendance by each pupil shall be counted
20 the same as attendance by first grade pupils. Only the
21 first year of attendance in one kindergarten shall be
22 counted, except in case of children who entered the
23 kindergarten in their fifth year whose educational
24 development requires a second year of kindergarten as
25 determined under the rules and regulations of the State
26 Board of Education.
27 (G) Equalized Assessed Valuation Data.
28 (1) For purposes of the calculation of Available Local
29 Resources required pursuant to subsection (D), the State
30 Board of Education shall secure from the Department of
31 Revenue the value as equalized or assessed by the Department
32 of Revenue of all taxable property of every school district,
33 together with (i) the applicable tax rate used in extending
34 taxes for the funds of the district as of September 30 of the
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1 previous year and (ii) the limiting rate for all school
2 districts subject to property tax extension limitations as
3 imposed under the Property Tax Extension Limitation Law.
4 This equalized assessed valuation, as adjusted further by
5 the requirements of this subsection, shall be utilized in the
6 calculation of Available Local Resources.
7 (2) The equalized assessed valuation in paragraph (1)
8 shall be adjusted, as applicable, in the following manner:
9 (a) For the purposes of calculating State aid under
10 this Section, with respect to any part of a school
11 district within a redevelopment project area in respect
12 to which a municipality has adopted tax increment
13 allocation financing pursuant to the Tax Increment
14 Allocation Redevelopment Act, Sections 11-74.4-1 through
15 11-74.4-11 of the Illinois Municipal Code or the
16 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
17 11-74.6-50 of the Illinois Municipal Code, no part of the
18 current equalized assessed valuation of real property
19 located in any such project area which is attributable to
20 an increase above the total initial equalized assessed
21 valuation of such property shall be used as part of the
22 equalized assessed valuation of the district, until such
23 time as all redevelopment project costs have been paid,
24 as provided in Section 11-74.4-8 of the Tax Increment
25 Allocation Redevelopment Act or in Section 11-74.6-35 of
26 the Industrial Jobs Recovery Law. For the purpose of the
27 equalized assessed valuation of the district, the total
28 initial equalized assessed valuation or the current
29 equalized assessed valuation, whichever is lower, shall
30 be used until such time as all redevelopment project
31 costs have been paid.
32 (b) The real property equalized assessed valuation
33 for a school district shall be adjusted by subtracting
34 from the real property value as equalized or assessed by
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1 the Department of Revenue for the district an amount
2 computed by dividing the amount of any abatement of taxes
3 under Section 18-170 of the Property Tax Code by 3.00%
4 for a district maintaining grades kindergarten through
5 12, by 2.30% for a district maintaining grades
6 kindergarten through 8, or by 1.05% for a district
7 maintaining grades 9 through 12 and adjusted by an amount
8 computed by dividing the amount of any abatement of taxes
9 under subsection (a) of Section 18-165 of the Property
10 Tax Code by the same percentage rates for district type
11 as specified in this subparagraph (b).
12 (3) For the 1999-2000 school year and each school year
13 thereafter, if a school district meets all of the criteria of
14 this subsection (G)(3), the school district's Available Local
15 Resources shall be calculated under subsection (D) using the
16 district's Extension Limitation Equalized Assessed Valuation
17 as calculated under this subsection (G)(3).
18 For purposes of this subsection (G)(3) the following
19 terms shall have the following meanings:
20 "Budget Year": The school year for which general
21 State aid is calculated and awarded under subsection (E).
22 "Base Tax Year": The property tax levy year used to
23 calculate the Budget Year allocation of general State
24 aid.
25 "Preceding Tax Year": The property tax levy year
26 immediately preceding the Base Tax Year.
27 "Base Tax Year's Tax Extension": The product of the
28 equalized assessed valuation utilized by the County Clerk
29 in the Base Tax Year multiplied by the limiting rate as
30 calculated by the County Clerk and defined in the
31 Property Tax Extension Limitation Law.
32 "Preceding Tax Year's Tax Extension": The product of
33 the equalized assessed valuation utilized by the County
34 Clerk in the Preceding Tax Year multiplied by the
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1 Operating Tax Rate as defined in subsection (A).
2 "Extension Limitation Ratio": A numerical ratio,
3 certified by the County Clerk, in which the numerator is
4 the Base Tax Year's Tax Extension and the denominator is
5 the Preceding Tax Year's Tax Extension.
6 "Operating Tax Rate": The operating tax rate as
7 defined in subsection (A).
8 If a school district is subject to property tax extension
9 limitations as imposed under the Property Tax Extension
10 Limitation Law, and if the Available Local Resources of that
11 school district as calculated pursuant to subsection (D)
12 using the Base Tax Year are less than the product of 1.75
13 times the Foundation Level for the Budget Year, the State
14 Board of Education shall calculate the Extension Limitation
15 Equalized Assessed Valuation of that district. For the
16 1999-2000 school year, the Extension Limitation Equalized
17 Assessed Valuation of a school district as calculated by the
18 State Board of Education shall be equal to the product of the
19 district's 1996 Equalized Assessed Valuation and the
20 district's Extension Limitation Ratio. For the 2000-2001
21 school year and each school year thereafter, the Extension
22 Limitation Equalized Assessed Valuation of a school district
23 as calculated by the State Board of Education shall be equal
24 to the product of the last calculated Extension Limitation
25 Equalized Assessed Valuation and the district's Extension
26 Limitation Ratio. If the Extension Limitation Equalized
27 Assessed Valuation of a school district as calculated under
28 this subsection (G)(3) is less than the district's equalized
29 assessed valuation as calculated pursuant to subsections
30 (G)(1) and (G)(2), then for purposes of calculating the
31 district's general State aid for the Budget Year pursuant to
32 subsection (E), that Extension Limitation Equalized Assessed
33 Valuation shall be utilized to calculate the district's
34 Available Local Resources under subsection (D).
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1 (4) For the purposes of calculating general State aid
2 for the 1999-2000 school year only, if a school district
3 experienced a triennial reassessment on the equalized
4 assessed valuation used in calculating its general State
5 financial aid apportionment for the 1998-1999 school year,
6 the State Board of Education shall calculate the Extension
7 Limitation Equalized Assessed Valuation that would have been
8 used to calculate the district's 1998-1999 general State aid.
9 This amount shall equal the product of the equalized assessed
10 valuation used to calculate general State aid for the
11 1997-1998 school year and the district's Extension Limitation
12 Ratio. If the Extension Limitation Equalized Assessed
13 Valuation of the school district as calculated under this
14 paragraph (4) is less than the district's equalized assessed
15 valuation utilized in calculating the district's 1998-1999
16 general State aid allocation, then for purposes of
17 calculating the district's general State aid pursuant to
18 paragraph (5) of subsection (E), that Extension Limitation
19 Equalized Assessed Valuation shall be utilized to calculate
20 the district's Available Local Resources.
21 (5) For school districts having a majority of their
22 equalized assessed valuation in any county except Cook,
23 DuPage, Kane, Lake, McHenry, or Will, if the amount of
24 general State aid allocated to the school district for the
25 1999-2000 school year under the provisions of subsection (E),
26 (H), and (J) of this Section is less than the amount of
27 general State aid allocated to the district for the 1998-1999
28 school year under these subsections, then the general State
29 aid of the district for the 1999-2000 school year only shall
30 be increased by the difference between these amounts. The
31 total payments made under this paragraph (5) shall not exceed
32 $14,000,000. Claims shall be prorated if they exceed
33 $14,000,000.
34 (H) Supplemental General State Aid.
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1 (1) In addition to the general State aid a school
2 district is allotted pursuant to subsection (E), qualifying
3 school districts shall receive a grant, paid in conjunction
4 with a district's payments of general State aid, for
5 supplemental general State aid based upon the concentration
6 level of children from low-income households within the
7 school district. Supplemental State aid grants provided for
8 school districts under this subsection shall be appropriated
9 for distribution to school districts as part of the same line
10 item in which the general State financial aid of school
11 districts is appropriated under this Section. For purposes of
12 this subsection, the term "Low-Income Concentration Level"
13 shall be the low-income eligible pupil count from the most
14 recently available federal census divided by the Average
15 Daily Attendance of the school district. If, however, the
16 percentage decrease from the 2 most recent federal censuses
17 in the low-income eligible pupil count of a high school
18 district with fewer than 400 students exceeds by 75% or more
19 the percentage change in the total low-income eligible pupil
20 count of contiguous elementary school districts, whose
21 boundaries are coterminous with the high school district, the
22 high school district's low-income eligible pupil count from
23 the earlier federal census shall be the number used as the
24 low-income eligible pupil count for the high school district,
25 for purposes of this subsection (H).
26 (2) Supplemental general State aid pursuant to this
27 subsection (H) shall be provided as follows for the
28 1998-1999, 1999-2000, and 2000-2001 school years only:
29 (a) For any school district with a Low Income
30 Concentration Level of at least 20% and less than 35%,
31 the grant for any school year shall be $800 multiplied by
32 the low income eligible pupil count.
33 (b) For any school district with a Low Income
34 Concentration Level of at least 35% and less than 50%,
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1 the grant for the 1998-1999 school year shall be $1,100
2 multiplied by the low income eligible pupil count.
3 (c) For any school district with a Low Income
4 Concentration Level of at least 50% and less than 60%,
5 the grant for the 1998-99 school year shall be $1,500
6 multiplied by the low income eligible pupil count.
7 (d) For any school district with a Low Income
8 Concentration Level of 60% or more, the grant for the
9 1998-99 school year shall be $1,900 multiplied by the low
10 income eligible pupil count.
11 (e) For the 1999-2000 school year, the per pupil
12 amount specified in subparagraphs (b), (c), and (d)
13 immediately above shall be increased to $1,243, $1,600,
14 and $2,000, respectively.
15 (f) For the 2000-2001 school year, the per pupil
16 amounts specified in subparagraphs (b), (c), and (d)
17 immediately above shall be $1,273, $1,640, and $2,050,
18 respectively.
19 (2.5) Supplemental general State aid pursuant to this
20 subsection (H) shall be provided as follows for the 2001-2002
21 school year and each school year thereafter:
22 (a) For any school district with a Low Income
23 Concentration Level of at least 15% and less than 20%,
24 the grant for each school year shall be 11% of the
25 Foundation Level multiplied by the low income eligible
26 pupil count.
27 (b) For any school district with a Low Income
28 Concentration Level of at least 20% and less than 35%,
29 the grant for each school year shall be 20% of the
30 Foundation Level multiplied by the low income eligible
31 pupil count.
32 (c) For any school district with a Low Income
33 Concentration Level of at least 35% and less than 50%,
34 the grant for each school year shall be 29% of the
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1 Foundation Level multiplied by the low income eligible
2 pupil count.
3 (d) For any school district with a Low Income
4 Concentration Level of at least 50% and less than 60%,
5 the grant for each school year shall be 38% of the
6 Foundation Level multiplied by the low income eligible
7 pupil count.
8 (e) For any school district with a Low Income
9 Concentration Level of 60% or more, the grant for each
10 school year shall be 47% of the Foundation Level
11 multiplied by the low income eligible pupil count.
12 (3) School districts with an Average Daily Attendance of
13 more than 1,000 and less than 50,000 that qualify for
14 supplemental general State aid pursuant to this subsection
15 shall submit a plan to the State Board of Education prior to
16 October 30 of each year for the use of the funds resulting
17 from this grant of supplemental general State aid for the
18 improvement of instruction in which priority is given to
19 meeting the education needs of disadvantaged children. Such
20 plan shall be submitted in accordance with rules and
21 regulations promulgated by the State Board of Education.
22 (4) School districts with an Average Daily Attendance of
23 50,000 or more that qualify for supplemental general State
24 aid pursuant to this subsection shall be required to
25 distribute from funds available pursuant to this Section, no
26 less than $261,000,000 in accordance with the following
27 requirements:
28 (a) The required amounts shall be distributed to
29 the attendance centers within the district in proportion
30 to the number of pupils enrolled at each attendance
31 center who are eligible to receive free or reduced-price
32 lunches or breakfasts under the federal Child Nutrition
33 Act of 1966 and under the National School Lunch Act
34 during the immediately preceding school year.
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1 (b) The distribution of these portions of
2 supplemental and general State aid among attendance
3 centers according to these requirements shall not be
4 compensated for or contravened by adjustments of the
5 total of other funds appropriated to any attendance
6 centers, and the Board of Education shall utilize funding
7 from one or several sources in order to fully implement
8 this provision annually prior to the opening of school.
9 (c) Each attendance center shall be provided by the
10 school district a distribution of noncategorical funds
11 and other categorical funds to which an attendance center
12 is entitled under law in order that the general State aid
13 and supplemental general State aid provided by
14 application of this subsection supplements rather than
15 supplants the noncategorical funds and other categorical
16 funds provided by the school district to the attendance
17 centers.
18 (d) Any funds made available under this subsection
19 that by reason of the provisions of this subsection are
20 not required to be allocated and provided to attendance
21 centers may be used and appropriated by the board of the
22 district for any lawful school purpose.
23 (e) Funds received by an attendance center pursuant
24 to this subsection shall be used by the attendance center
25 at the discretion of the principal and local school
26 council for programs to improve educational opportunities
27 at qualifying schools through the following programs and
28 services: early childhood education, reduced class size
29 or improved adult to student classroom ratio, enrichment
30 programs, remedial assistance, attendance improvement,
31 and other educationally beneficial expenditures which
32 supplement the regular and basic programs as determined
33 by the State Board of Education. Funds provided shall
34 not be expended for any political or lobbying purposes as
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1 defined by board rule.
2 (f) Each district subject to the provisions of this
3 subdivision (H)(4) shall submit an acceptable plan to
4 meet the educational needs of disadvantaged children, in
5 compliance with the requirements of this paragraph, to
6 the State Board of Education prior to July 15 of each
7 year. This plan shall be consistent with the decisions of
8 local school councils concerning the school expenditure
9 plans developed in accordance with part 4 of Section
10 34-2.3. The State Board shall approve or reject the plan
11 within 60 days after its submission. If the plan is
12 rejected, the district shall give written notice of
13 intent to modify the plan within 15 days of the
14 notification of rejection and then submit a modified plan
15 within 30 days after the date of the written notice of
16 intent to modify. Districts may amend approved plans
17 pursuant to rules promulgated by the State Board of
18 Education.
19 Upon notification by the State Board of Education
20 that the district has not submitted a plan prior to July
21 15 or a modified plan within the time period specified
22 herein, the State aid funds affected by that plan or
23 modified plan shall be withheld by the State Board of
24 Education until a plan or modified plan is submitted.
25 If the district fails to distribute State aid to
26 attendance centers in accordance with an approved plan,
27 the plan for the following year shall allocate funds, in
28 addition to the funds otherwise required by this
29 subsection, to those attendance centers which were
30 underfunded during the previous year in amounts equal to
31 such underfunding.
32 For purposes of determining compliance with this
33 subsection in relation to the requirements of attendance
34 center funding, each district subject to the provisions
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1 of this subsection shall submit as a separate document by
2 December 1 of each year a report of expenditure data for
3 the prior year in addition to any modification of its
4 current plan. If it is determined that there has been a
5 failure to comply with the expenditure provisions of this
6 subsection regarding contravention or supplanting, the
7 State Superintendent of Education shall, within 60 days
8 of receipt of the report, notify the district and any
9 affected local school council. The district shall within
10 45 days of receipt of that notification inform the State
11 Superintendent of Education of the remedial or corrective
12 action to be taken, whether by amendment of the current
13 plan, if feasible, or by adjustment in the plan for the
14 following year. Failure to provide the expenditure
15 report or the notification of remedial or corrective
16 action in a timely manner shall result in a withholding
17 of the affected funds.
18 The State Board of Education shall promulgate rules
19 and regulations to implement the provisions of this
20 subsection. No funds shall be released under this
21 subdivision (H)(4) to any district that has not submitted
22 a plan that has been approved by the State Board of
23 Education.
24 (I) General State Aid for Newly Configured School Districts.
25 (1) For a new school district formed by combining
26 property included totally within 2 or more previously
27 existing school districts, for its first year of existence
28 the general State aid and supplemental general State aid
29 calculated under this Section shall be computed for the new
30 district and for the previously existing districts for which
31 property is totally included within the new district. If the
32 computation on the basis of the previously existing districts
33 is greater, a supplementary payment equal to the difference
34 shall be made for the first 4 years of existence of the new
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1 district.
2 (2) For a school district which annexes all of the
3 territory of one or more entire other school districts, for
4 the first year during which the change of boundaries
5 attributable to such annexation becomes effective for all
6 purposes as determined under Section 7-9 or 7A-8, the general
7 State aid and supplemental general State aid calculated under
8 this Section shall be computed for the annexing district as
9 constituted after the annexation and for the annexing and
10 each annexed district as constituted prior to the annexation;
11 and if the computation on the basis of the annexing and
12 annexed districts as constituted prior to the annexation is
13 greater, a supplementary payment equal to the difference
14 shall be made for the first 4 years of existence of the
15 annexing school district as constituted upon such annexation.
16 (3) For 2 or more school districts which annex all of
17 the territory of one or more entire other school districts,
18 and for 2 or more community unit districts which result upon
19 the division (pursuant to petition under Section 11A-2) of
20 one or more other unit school districts into 2 or more parts
21 and which together include all of the parts into which such
22 other unit school district or districts are so divided, for
23 the first year during which the change of boundaries
24 attributable to such annexation or division becomes effective
25 for all purposes as determined under Section 7-9 or 11A-10,
26 as the case may be, the general State aid and supplemental
27 general State aid calculated under this Section shall be
28 computed for each annexing or resulting district as
29 constituted after the annexation or division and for each
30 annexing and annexed district, or for each resulting and
31 divided district, as constituted prior to the annexation or
32 division; and if the aggregate of the general State aid and
33 supplemental general State aid as so computed for the
34 annexing or resulting districts as constituted after the
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1 annexation or division is less than the aggregate of the
2 general State aid and supplemental general State aid as so
3 computed for the annexing and annexed districts, or for the
4 resulting and divided districts, as constituted prior to the
5 annexation or division, then a supplementary payment equal to
6 the difference shall be made and allocated between or among
7 the annexing or resulting districts, as constituted upon such
8 annexation or division, for the first 4 years of their
9 existence. The total difference payment shall be allocated
10 between or among the annexing or resulting districts in the
11 same ratio as the pupil enrollment from that portion of the
12 annexed or divided district or districts which is annexed to
13 or included in each such annexing or resulting district bears
14 to the total pupil enrollment from the entire annexed or
15 divided district or districts, as such pupil enrollment is
16 determined for the school year last ending prior to the date
17 when the change of boundaries attributable to the annexation
18 or division becomes effective for all purposes. The amount
19 of the total difference payment and the amount thereof to be
20 allocated to the annexing or resulting districts shall be
21 computed by the State Board of Education on the basis of
22 pupil enrollment and other data which shall be certified to
23 the State Board of Education, on forms which it shall provide
24 for that purpose, by the regional superintendent of schools
25 for each educational service region in which the annexing and
26 annexed districts, or resulting and divided districts are
27 located.
28 (3.5) Claims for financial assistance under this
29 subsection (I) shall not be recomputed except as expressly
30 provided under this Section.
31 (4) Any supplementary payment made under this subsection
32 (I) shall be treated as separate from all other payments made
33 pursuant to this Section.
34 (J) Supplementary Grants in Aid.
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1 (1) Notwithstanding any other provisions of this
2 Section, the amount of the aggregate general State aid in
3 combination with supplemental general State aid under this
4 Section for which each school district is eligible shall be
5 no less than the amount of the aggregate general State aid
6 entitlement that was received by the district under Section
7 18-8 (exclusive of amounts received under subsections 5(p)
8 and 5(p-5) of that Section) for the 1997-98 school year,
9 pursuant to the provisions of that Section as it was then in
10 effect. If a school district qualifies to receive a
11 supplementary payment made under this subsection (J), the
12 amount of the aggregate general State aid in combination with
13 supplemental general State aid under this Section which that
14 district is eligible to receive for each school year shall be
15 no less than the amount of the aggregate general State aid
16 entitlement that was received by the district under Section
17 18-8 (exclusive of amounts received under subsections 5(p)
18 and 5(p-5) of that Section) for the 1997-1998 school year,
19 pursuant to the provisions of that Section as it was then in
20 effect.
21 (2) If, as provided in paragraph (1) of this subsection
22 (J), a school district is to receive aggregate general State
23 aid in combination with supplemental general State aid under
24 this Section for the 1998-99 school year and any subsequent
25 school year that in any such school year is less than the
26 amount of the aggregate general State aid entitlement that
27 the district received for the 1997-98 school year, the school
28 district shall also receive, from a separate appropriation
29 made for purposes of this subsection (J), a supplementary
30 payment that is equal to the amount of the difference in the
31 aggregate State aid figures as described in paragraph (1).
32 (3) (Blank).
33 (K) Grants to Laboratory and Alternative Schools.
34 In calculating the amount to be paid to the governing
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1 board of a public university that operates a laboratory
2 school under this Section or to any alternative school that
3 is operated by a regional superintendent of schools, the
4 State Board of Education shall require by rule such reporting
5 requirements as it deems necessary.
6 As used in this Section, "laboratory school" means a
7 public school which is created and operated by a public
8 university and approved by the State Board of Education. The
9 governing board of a public university which receives funds
10 from the State Board under this subsection (K) may not
11 increase the number of students enrolled in its laboratory
12 school from a single district, if that district is already
13 sending 50 or more students, except under a mutual agreement
14 between the school board of a student's district of residence
15 and the university which operates the laboratory school. A
16 laboratory school may not have more than 1,000 students,
17 excluding students with disabilities in a special education
18 program.
19 As used in this Section, "alternative school" means a
20 public school which is created and operated by a Regional
21 Superintendent of Schools and approved by the State Board of
22 Education. Such alternative schools may offer courses of
23 instruction for which credit is given in regular school
24 programs, courses to prepare students for the high school
25 equivalency testing program or vocational and occupational
26 training. A regional superintendent of schools may contract
27 with a school district or a public community college district
28 to operate an alternative school. An alternative school
29 serving more than one educational service region may be
30 established by the regional superintendents of schools of the
31 affected educational service regions. An alternative school
32 serving more than one educational service region may be
33 operated under such terms as the regional superintendents of
34 schools of those educational service regions may agree.
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1 Each laboratory and alternative school shall file, on
2 forms provided by the State Superintendent of Education, an
3 annual State aid claim which states the Average Daily
4 Attendance of the school's students by month. The best 3
5 months' Average Daily Attendance shall be computed for each
6 school. The general State aid entitlement shall be computed
7 by multiplying the applicable Average Daily Attendance by the
8 Foundation Level as determined under this Section.
9 (L) Payments, Additional Grants in Aid and Other
10 Requirements.
11 (1) For a school district operating under the financial
12 supervision of an Authority created under Article 34A, the
13 general State aid otherwise payable to that district under
14 this Section, but not the supplemental general State aid,
15 shall be reduced by an amount equal to the budget for the
16 operations of the Authority as certified by the Authority to
17 the State Board of Education, and an amount equal to such
18 reduction shall be paid to the Authority created for such
19 district for its operating expenses in the manner provided in
20 Section 18-11. The remainder of general State school aid for
21 any such district shall be paid in accordance with Article
22 34A when that Article provides for a disposition other than
23 that provided by this Article.
24 (2) (Blank).
25 (3) Summer school. Summer school payments shall be made
26 as provided in Section 18-4.3.
27 (M) Education Funding Advisory Board.
28 The Education Funding Advisory Board, hereinafter in this
29 subsection (M) referred to as the "Board", is hereby created.
30 The Board shall consist of 5 members who are appointed by the
31 Governor, by and with the advice and consent of the Senate.
32 The members appointed shall include representatives of
33 education, business, and the general public. One of the
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1 members so appointed shall be designated by the Governor at
2 the time the appointment is made as the chairperson of the
3 Board. The initial members of the Board may be appointed any
4 time after the effective date of this amendatory Act of 1997.
5 The regular term of each member of the Board shall be for 4
6 years from the third Monday of January of the year in which
7 the term of the member's appointment is to commence, except
8 that of the 5 initial members appointed to serve on the
9 Board, the member who is appointed as the chairperson shall
10 serve for a term that commences on the date of his or her
11 appointment and expires on the third Monday of January, 2002,
12 and the remaining 4 members, by lots drawn at the first
13 meeting of the Board that is held after all 5 members are
14 appointed, shall determine 2 of their number to serve for
15 terms that commence on the date of their respective
16 appointments and expire on the third Monday of January, 2001,
17 and 2 of their number to serve for terms that commence on the
18 date of their respective appointments and expire on the third
19 Monday of January, 2000. All members appointed to serve on
20 the Board shall serve until their respective successors are
21 appointed and confirmed. Vacancies shall be filled in the
22 same manner as original appointments. If a vacancy in
23 membership occurs at a time when the Senate is not in
24 session, the Governor shall make a temporary appointment
25 until the next meeting of the Senate, when he or she shall
26 appoint, by and with the advice and consent of the Senate, a
27 person to fill that membership for the unexpired term. If
28 the Senate is not in session when the initial appointments
29 are made, those appointments shall be made as in the case of
30 vacancies.
31 The Education Funding Advisory Board shall be deemed
32 established, and the initial members appointed by the
33 Governor to serve as members of the Board shall take office,
34 on the date that the Governor makes his or her appointment of
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1 the fifth initial member of the Board, whether those initial
2 members are then serving pursuant to appointment and
3 confirmation or pursuant to temporary appointments that are
4 made by the Governor as in the case of vacancies.
5 The State Board of Education shall provide such staff
6 assistance to the Education Funding Advisory Board as is
7 reasonably required for the proper performance by the Board
8 of its responsibilities.
9 For school years after the 2000-2001 school year, the
10 Education Funding Advisory Board, in consultation with the
11 State Board of Education, shall make recommendations as
12 provided in this subsection (M) to the General Assembly for
13 the foundation level under subdivision (B)(3) of this Section
14 and for the supplemental general State aid grant level under
15 subsection (H) of this Section for districts with high
16 concentrations of children from poverty. The recommended
17 foundation level shall be determined based on a methodology
18 which incorporates the basic education expenditures of
19 low-spending schools exhibiting high academic performance.
20 The Education Funding Advisory Board shall make such
21 recommendations to the General Assembly on January 1 of odd
22 numbered years, beginning January 1, 2001.
23 (N) (Blank).
24 (O) References.
25 (1) References in other laws to the various subdivisions
26 of Section 18-8 as that Section existed before its repeal and
27 replacement by this Section 18-8.05 shall be deemed to refer
28 to the corresponding provisions of this Section 18-8.05, to
29 the extent that those references remain applicable.
30 (2) References in other laws to State Chapter 1 funds
31 shall be deemed to refer to the supplemental general State
32 aid provided under subsection (H) of this Section.
33 (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566;
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1 90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff.
2 7-30-98; 90-802, eff. 12-15-98; 90-815, eff. 2-11-99; 91-24,
3 eff. 7-1-99; 91-93, eff. 7-9-99; 91-96, eff. 7-9-99; 91-111,
4 eff. 7-14-99; 91-357, eff. 7-29-99; 91-533, eff. 8-13-99;
5 revised 8-27-99.)
6 Section 99. Effective date. This Act takes effect on
7 June 29, 2001.