98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3664

 

Introduced 5/22/2014, by Sen. Dale A. Righter

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/18-8.05

    Amends the School Code. Provides that, beginning with Fiscal Year 2015, appropriations for the purposes of the State aid formula provisions must be prioritized so that general State aid for school districts is fully funded at 100% of the statutory Foundation Level first, with any remaining funds being used for the other purposes of the State aid formula provisions. Effective July 1, 2014.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
518-8.05 as follows:
 
6    (105 ILCS 5/18-8.05)
7    Sec. 18-8.05. Basis for apportionment of general State
8financial aid and supplemental general State aid to the common
9schools for the 1998-1999 and subsequent school years.
 
10(A) General Provisions.
11    (1) The provisions of this Section apply to the 1998-1999
12and subsequent school years. The system of general State
13financial aid provided for in this Section is designed to
14assure that, through a combination of State financial aid and
15required local resources, the financial support provided each
16pupil in Average Daily Attendance equals or exceeds a
17prescribed per pupil Foundation Level. This formula approach
18imputes a level of per pupil Available Local Resources and
19provides for the basis to calculate a per pupil level of
20general State financial aid that, when added to Available Local
21Resources, equals or exceeds the Foundation Level. The amount
22of per pupil general State financial aid for school districts,

 

 

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1in general, varies in inverse relation to Available Local
2Resources. Per pupil amounts are based upon each school
3district's Average Daily Attendance as that term is defined in
4this Section.
5    (2) In addition to general State financial aid, school
6districts with specified levels or concentrations of pupils
7from low income households are eligible to receive supplemental
8general State financial aid grants as provided pursuant to
9subsection (H). The supplemental State aid grants provided for
10school districts under subsection (H) shall be appropriated for
11distribution to school districts as part of the same line item
12in which the general State financial aid of school districts is
13appropriated under this Section.
14    (3) To receive financial assistance under this Section,
15school districts are required to file claims with the State
16Board of Education, subject to the following requirements:
17        (a) Any school district which fails for any given
18    school year to maintain school as required by law, or to
19    maintain a recognized school is not eligible to file for
20    such school year any claim upon the Common School Fund. In
21    case of nonrecognition of one or more attendance centers in
22    a school district otherwise operating recognized schools,
23    the claim of the district shall be reduced in the
24    proportion which the Average Daily Attendance in the
25    attendance center or centers bear to the Average Daily
26    Attendance in the school district. A "recognized school"

 

 

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1    means any public school which meets the standards as
2    established for recognition by the State Board of
3    Education. A school district or attendance center not
4    having recognition status at the end of a school term is
5    entitled to receive State aid payments due upon a legal
6    claim which was filed while it was recognized.
7        (b) School district claims filed under this Section are
8    subject to Sections 18-9 and 18-12, except as otherwise
9    provided in this Section.
10        (c) If a school district operates a full year school
11    under Section 10-19.1, the general State aid to the school
12    district shall be determined by the State Board of
13    Education in accordance with this Section as near as may be
14    applicable.
15        (d) (Blank).
16    (4) Except as provided in subsections (H) and (L), the
17board of any district receiving any of the grants provided for
18in this Section may apply those funds to any fund so received
19for which that board is authorized to make expenditures by law.
20    School districts are not required to exert a minimum
21Operating Tax Rate in order to qualify for assistance under
22this Section.
23    (5) As used in this Section the following terms, when
24capitalized, shall have the meaning ascribed herein:
25        (a) "Average Daily Attendance": A count of pupil
26    attendance in school, averaged as provided for in

 

 

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1    subsection (C) and utilized in deriving per pupil financial
2    support levels.
3        (b) "Available Local Resources": A computation of
4    local financial support, calculated on the basis of Average
5    Daily Attendance and derived as provided pursuant to
6    subsection (D).
7        (c) "Corporate Personal Property Replacement Taxes":
8    Funds paid to local school districts pursuant to "An Act in
9    relation to the abolition of ad valorem personal property
10    tax and the replacement of revenues lost thereby, and
11    amending and repealing certain Acts and parts of Acts in
12    connection therewith", certified August 14, 1979, as
13    amended (Public Act 81-1st S.S.-1).
14        (d) "Foundation Level": A prescribed level of per pupil
15    financial support as provided for in subsection (B).
16        (e) "Operating Tax Rate": All school district property
17    taxes extended for all purposes, except Bond and Interest,
18    Summer School, Rent, Capital Improvement, and Vocational
19    Education Building purposes.
 
20(B) Foundation Level.
21    (1) The Foundation Level is a figure established by the
22State representing the minimum level of per pupil financial
23support that should be available to provide for the basic
24education of each pupil in Average Daily Attendance. As set
25forth in this Section, each school district is assumed to exert

 

 

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1a sufficient local taxing effort such that, in combination with
2the aggregate of general State financial aid provided the
3district, an aggregate of State and local resources are
4available to meet the basic education needs of pupils in the
5district.
6    (2) For the 1998-1999 school year, the Foundation Level of
7support is $4,225. For the 1999-2000 school year, the
8Foundation Level of support is $4,325. For the 2000-2001 school
9year, the Foundation Level of support is $4,425. For the
102001-2002 school year and 2002-2003 school year, the Foundation
11Level of support is $4,560. For the 2003-2004 school year, the
12Foundation Level of support is $4,810. For the 2004-2005 school
13year, the Foundation Level of support is $4,964. For the
142005-2006 school year, the Foundation Level of support is
15$5,164. For the 2006-2007 school year, the Foundation Level of
16support is $5,334. For the 2007-2008 school year, the
17Foundation Level of support is $5,734. For the 2008-2009 school
18year, the Foundation Level of support is $5,959.
19    (3) For the 2009-2010 school year and each school year
20thereafter, the Foundation Level of support is $6,119 or such
21greater amount as may be established by law by the General
22Assembly.
 
23(C) Average Daily Attendance.
24    (1) For purposes of calculating general State aid pursuant
25to subsection (E), an Average Daily Attendance figure shall be

 

 

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1utilized. The Average Daily Attendance figure for formula
2calculation purposes shall be the monthly average of the actual
3number of pupils in attendance of each school district, as
4further averaged for the best 3 months of pupil attendance for
5each school district. In compiling the figures for the number
6of pupils in attendance, school districts and the State Board
7of Education shall, for purposes of general State aid funding,
8conform attendance figures to the requirements of subsection
9(F).
10    (2) The Average Daily Attendance figures utilized in
11subsection (E) shall be the requisite attendance data for the
12school year immediately preceding the school year for which
13general State aid is being calculated or the average of the
14attendance data for the 3 preceding school years, whichever is
15greater. The Average Daily Attendance figures utilized in
16subsection (H) shall be the requisite attendance data for the
17school year immediately preceding the school year for which
18general State aid is being calculated.
 
19(D) Available Local Resources.
20    (1) For purposes of calculating general State aid pursuant
21to subsection (E), a representation of Available Local
22Resources per pupil, as that term is defined and determined in
23this subsection, shall be utilized. Available Local Resources
24per pupil shall include a calculated dollar amount representing
25local school district revenues from local property taxes and

 

 

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1from Corporate Personal Property Replacement Taxes, expressed
2on the basis of pupils in Average Daily Attendance. Calculation
3of Available Local Resources shall exclude any tax amnesty
4funds received as a result of Public Act 93-26.
5    (2) In determining a school district's revenue from local
6property taxes, the State Board of Education shall utilize the
7equalized assessed valuation of all taxable property of each
8school district as of September 30 of the previous year. The
9equalized assessed valuation utilized shall be obtained and
10determined as provided in subsection (G).
11    (3) For school districts maintaining grades kindergarten
12through 12, local property tax revenues per pupil shall be
13calculated as the product of the applicable equalized assessed
14valuation for the district multiplied by 3.00%, and divided by
15the district's Average Daily Attendance figure. For school
16districts maintaining grades kindergarten through 8, local
17property tax revenues per pupil shall be calculated as the
18product of the applicable equalized assessed valuation for the
19district multiplied by 2.30%, and divided by the district's
20Average Daily Attendance figure. For school districts
21maintaining grades 9 through 12, local property tax revenues
22per pupil shall be the applicable equalized assessed valuation
23of the district multiplied by 1.05%, and divided by the
24district's Average Daily Attendance figure.
25    For partial elementary unit districts created pursuant to
26Article 11E of this Code, local property tax revenues per pupil

 

 

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1shall be calculated as the product of the equalized assessed
2valuation for property within the partial elementary unit
3district for elementary purposes, as defined in Article 11E of
4this Code, multiplied by 2.06% and divided by the district's
5Average Daily Attendance figure, plus the product of the
6equalized assessed valuation for property within the partial
7elementary unit district for high school purposes, as defined
8in Article 11E of this Code, multiplied by 0.94% and divided by
9the district's Average Daily Attendance figure.
10    (4) The Corporate Personal Property Replacement Taxes paid
11to each school district during the calendar year one year
12before the calendar year in which a school year begins, divided
13by the Average Daily Attendance figure for that district, shall
14be added to the local property tax revenues per pupil as
15derived by the application of the immediately preceding
16paragraph (3). The sum of these per pupil figures for each
17school district shall constitute Available Local Resources as
18that term is utilized in subsection (E) in the calculation of
19general State aid.
 
20(E) Computation of General State Aid.
21    (1) For each school year, the amount of general State aid
22allotted to a school district shall be computed by the State
23Board of Education as provided in this subsection.
24    (2) For any school district for which Available Local
25Resources per pupil is less than the product of 0.93 times the

 

 

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1Foundation Level, general State aid for that district shall be
2calculated as an amount equal to the Foundation Level minus
3Available Local Resources, multiplied by the Average Daily
4Attendance of the school district.
5    (3) For any school district for which Available Local
6Resources per pupil is equal to or greater than the product of
70.93 times the Foundation Level and less than the product of
81.75 times the Foundation Level, the general State aid per
9pupil shall be a decimal proportion of the Foundation Level
10derived using a linear algorithm. Under this linear algorithm,
11the calculated general State aid per pupil shall decline in
12direct linear fashion from 0.07 times the Foundation Level for
13a school district with Available Local Resources equal to the
14product of 0.93 times the Foundation Level, to 0.05 times the
15Foundation Level for a school district with Available Local
16Resources equal to the product of 1.75 times the Foundation
17Level. The allocation of general State aid for school districts
18subject to this paragraph 3 shall be the calculated general
19State aid per pupil figure multiplied by the Average Daily
20Attendance of the school district.
21    (4) For any school district for which Available Local
22Resources per pupil equals or exceeds the product of 1.75 times
23the Foundation Level, the general State aid for the school
24district shall be calculated as the product of $218 multiplied
25by the Average Daily Attendance of the school district.
26    (5) The amount of general State aid allocated to a school

 

 

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1district for the 1999-2000 school year meeting the requirements
2set forth in paragraph (4) of subsection (G) shall be increased
3by an amount equal to the general State aid that would have
4been received by the district for the 1998-1999 school year by
5utilizing the Extension Limitation Equalized Assessed
6Valuation as calculated in paragraph (4) of subsection (G) less
7the general State aid allotted for the 1998-1999 school year.
8This amount shall be deemed a one time increase, and shall not
9affect any future general State aid allocations.
10    (6) Beginning with Fiscal Year 2015, appropriations for the
11purposes of this Section must be prioritized so that general
12State aid for school districts as computed under this
13subsection (E) is fully funded at 100% of the statutory
14Foundation Level, as referenced in paragraph (3) of subsection
15(B) of this Section, first, with any remaining funds being used
16for the purposes of the other subsections of this Section.
 
17(F) Compilation of Average Daily Attendance.
18    (1) Each school district shall, by July 1 of each year,
19submit to the State Board of Education, on forms prescribed by
20the State Board of Education, attendance figures for the school
21year that began in the preceding calendar year. The attendance
22information so transmitted shall identify the average daily
23attendance figures for each month of the school year. Beginning
24with the general State aid claim form for the 2002-2003 school
25year, districts shall calculate Average Daily Attendance as

 

 

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1provided in subdivisions (a), (b), and (c) of this paragraph
2(1).
3        (a) In districts that do not hold year-round classes,
4    days of attendance in August shall be added to the month of
5    September and any days of attendance in June shall be added
6    to the month of May.
7        (b) In districts in which all buildings hold year-round
8    classes, days of attendance in July and August shall be
9    added to the month of September and any days of attendance
10    in June shall be added to the month of May.
11        (c) In districts in which some buildings, but not all,
12    hold year-round classes, for the non-year-round buildings,
13    days of attendance in August shall be added to the month of
14    September and any days of attendance in June shall be added
15    to the month of May. The average daily attendance for the
16    year-round buildings shall be computed as provided in
17    subdivision (b) of this paragraph (1). To calculate the
18    Average Daily Attendance for the district, the average
19    daily attendance for the year-round buildings shall be
20    multiplied by the days in session for the non-year-round
21    buildings for each month and added to the monthly
22    attendance of the non-year-round buildings.
23    Except as otherwise provided in this Section, days of
24attendance by pupils shall be counted only for sessions of not
25less than 5 clock hours of school work per day under direct
26supervision of: (i) teachers, or (ii) non-teaching personnel or

 

 

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1volunteer personnel when engaging in non-teaching duties and
2supervising in those instances specified in subsection (a) of
3Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
4of legal school age and in kindergarten and grades 1 through
512.
6    Days of attendance by tuition pupils shall be accredited
7only to the districts that pay the tuition to a recognized
8school.
9    (2) Days of attendance by pupils of less than 5 clock hours
10of school shall be subject to the following provisions in the
11compilation of Average Daily Attendance.
12        (a) Pupils regularly enrolled in a public school for
13    only a part of the school day may be counted on the basis
14    of 1/6 day for every class hour of instruction of 40
15    minutes or more attended pursuant to such enrollment,
16    unless a pupil is enrolled in a block-schedule format of 80
17    minutes or more of instruction, in which case the pupil may
18    be counted on the basis of the proportion of minutes of
19    school work completed each day to the minimum number of
20    minutes that school work is required to be held that day.
21        (b) (Blank).
22        (c) A session of 4 or more clock hours may be counted
23    as a day of attendance upon certification by the regional
24    superintendent, and approved by the State Superintendent
25    of Education to the extent that the district has been
26    forced to use daily multiple sessions.

 

 

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1        (d) A session of 3 or more clock hours may be counted
2    as a day of attendance (1) when the remainder of the school
3    day or at least 2 hours in the evening of that day is
4    utilized for an in-service training program for teachers,
5    up to a maximum of 5 days per school year, provided a
6    district conducts an in-service training program for
7    teachers in accordance with Section 10-22.39 of this Code;
8    or, in lieu of 4 such days, 2 full days may be used, in
9    which event each such day may be counted as a day required
10    for a legal school calendar pursuant to Section 10-19 of
11    this Code; (1.5) when, of the 5 days allowed under item
12    (1), a maximum of 4 days are used for parent-teacher
13    conferences, or, in lieu of 4 such days, 2 full days are
14    used, in which case each such day may be counted as a
15    calendar day required under Section 10-19 of this Code,
16    provided that the full-day, parent-teacher conference
17    consists of (i) a minimum of 5 clock hours of
18    parent-teacher conferences, (ii) both a minimum of 2 clock
19    hours of parent-teacher conferences held in the evening
20    following a full day of student attendance, as specified in
21    subsection (F)(1)(c), and a minimum of 3 clock hours of
22    parent-teacher conferences held on the day immediately
23    following evening parent-teacher conferences, or (iii)
24    multiple parent-teacher conferences held in the evenings
25    following full days of student attendance, as specified in
26    subsection (F)(1)(c), in which the time used for the

 

 

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1    parent-teacher conferences is equivalent to a minimum of 5
2    clock hours; and (2) when days in addition to those
3    provided in items (1) and (1.5) are scheduled by a school
4    pursuant to its school improvement plan adopted under
5    Article 34 or its revised or amended school improvement
6    plan adopted under Article 2, provided that (i) such
7    sessions of 3 or more clock hours are scheduled to occur at
8    regular intervals, (ii) the remainder of the school days in
9    which such sessions occur are utilized for in-service
10    training programs or other staff development activities
11    for teachers, and (iii) a sufficient number of minutes of
12    school work under the direct supervision of teachers are
13    added to the school days between such regularly scheduled
14    sessions to accumulate not less than the number of minutes
15    by which such sessions of 3 or more clock hours fall short
16    of 5 clock hours. Any full days used for the purposes of
17    this paragraph shall not be considered for computing
18    average daily attendance. Days scheduled for in-service
19    training programs, staff development activities, or
20    parent-teacher conferences may be scheduled separately for
21    different grade levels and different attendance centers of
22    the district.
23        (e) A session of not less than one clock hour of
24    teaching hospitalized or homebound pupils on-site or by
25    telephone to the classroom may be counted as 1/2 day of
26    attendance, however these pupils must receive 4 or more

 

 

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1    clock hours of instruction to be counted for a full day of
2    attendance.
3        (f) A session of at least 4 clock hours may be counted
4    as a day of attendance for first grade pupils, and pupils
5    in full day kindergartens, and a session of 2 or more hours
6    may be counted as 1/2 day of attendance by pupils in
7    kindergartens which provide only 1/2 day of attendance.
8        (g) For children with disabilities who are below the
9    age of 6 years and who cannot attend 2 or more clock hours
10    because of their disability or immaturity, a session of not
11    less than one clock hour may be counted as 1/2 day of
12    attendance; however for such children whose educational
13    needs so require a session of 4 or more clock hours may be
14    counted as a full day of attendance.
15        (h) A recognized kindergarten which provides for only
16    1/2 day of attendance by each pupil shall not have more
17    than 1/2 day of attendance counted in any one day. However,
18    kindergartens may count 2 1/2 days of attendance in any 5
19    consecutive school days. When a pupil attends such a
20    kindergarten for 2 half days on any one school day, the
21    pupil shall have the following day as a day absent from
22    school, unless the school district obtains permission in
23    writing from the State Superintendent of Education.
24    Attendance at kindergartens which provide for a full day of
25    attendance by each pupil shall be counted the same as
26    attendance by first grade pupils. Only the first year of

 

 

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1    attendance in one kindergarten shall be counted, except in
2    case of children who entered the kindergarten in their
3    fifth year whose educational development requires a second
4    year of kindergarten as determined under the rules and
5    regulations of the State Board of Education.
6        (i) On the days when the Prairie State Achievement
7    Examination is administered under subsection (c) of
8    Section 2-3.64 of this Code, the day of attendance for a
9    pupil whose school day must be shortened to accommodate
10    required testing procedures may be less than 5 clock hours
11    and shall be counted towards the 176 days of actual pupil
12    attendance required under Section 10-19 of this Code,
13    provided that a sufficient number of minutes of school work
14    in excess of 5 clock hours are first completed on other
15    school days to compensate for the loss of school work on
16    the examination days.
17        (j) Pupils enrolled in a remote educational program
18    established under Section 10-29 of this Code may be counted
19    on the basis of one-fifth day of attendance for every clock
20    hour of instruction attended in the remote educational
21    program, provided that, in any month, the school district
22    may not claim for a student enrolled in a remote
23    educational program more days of attendance than the
24    maximum number of days of attendance the district can claim
25    (i) for students enrolled in a building holding year-round
26    classes if the student is classified as participating in

 

 

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1    the remote educational program on a year-round schedule or
2    (ii) for students enrolled in a building not holding
3    year-round classes if the student is not classified as
4    participating in the remote educational program on a
5    year-round schedule.
 
6(G) Equalized Assessed Valuation Data.
7    (1) For purposes of the calculation of Available Local
8Resources required pursuant to subsection (D), the State Board
9of Education shall secure from the Department of Revenue the
10value as equalized or assessed by the Department of Revenue of
11all taxable property of every school district, together with
12(i) the applicable tax rate used in extending taxes for the
13funds of the district as of September 30 of the previous year
14and (ii) the limiting rate for all school districts subject to
15property tax extension limitations as imposed under the
16Property Tax Extension Limitation Law.
17    The Department of Revenue shall add to the equalized
18assessed value of all taxable property of each school district
19situated entirely or partially within a county that is or was
20subject to the provisions of Section 15-176 or 15-177 of the
21Property Tax Code (a) an amount equal to the total amount by
22which the homestead exemption allowed under Section 15-176 or
2315-177 of the Property Tax Code for real property situated in
24that school district exceeds the total amount that would have
25been allowed in that school district if the maximum reduction

 

 

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1under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
2all other counties in tax year 2003 or (ii) $5,000 in all
3counties in tax year 2004 and thereafter and (b) an amount
4equal to the aggregate amount for the taxable year of all
5additional exemptions under Section 15-175 of the Property Tax
6Code for owners with a household income of $30,000 or less. The
7county clerk of any county that is or was subject to the
8provisions of Section 15-176 or 15-177 of the Property Tax Code
9shall annually calculate and certify to the Department of
10Revenue for each school district all homestead exemption
11amounts under Section 15-176 or 15-177 of the Property Tax Code
12and all amounts of additional exemptions under Section 15-175
13of the Property Tax Code for owners with a household income of
14$30,000 or less. It is the intent of this paragraph that if the
15general homestead exemption for a parcel of property is
16determined under Section 15-176 or 15-177 of the Property Tax
17Code rather than Section 15-175, then the calculation of
18Available Local Resources shall not be affected by the
19difference, if any, between the amount of the general homestead
20exemption allowed for that parcel of property under Section
2115-176 or 15-177 of the Property Tax Code and the amount that
22would have been allowed had the general homestead exemption for
23that parcel of property been determined under Section 15-175 of
24the Property Tax Code. It is further the intent of this
25paragraph that if additional exemptions are allowed under
26Section 15-175 of the Property Tax Code for owners with a

 

 

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1household income of less than $30,000, then the calculation of
2Available Local Resources shall not be affected by the
3difference, if any, because of those additional exemptions.
4    This equalized assessed valuation, as adjusted further by
5the requirements of this subsection, shall be utilized in the
6calculation of Available Local Resources.
7    (2) The equalized assessed valuation in paragraph (1) shall
8be 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 district
11    within a redevelopment project area in respect to which a
12    municipality has adopted tax increment allocation
13    financing pursuant to the Tax Increment Allocation
14    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
15    of the Illinois Municipal Code or the Industrial Jobs
16    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
17    Illinois Municipal Code, no part of the current equalized
18    assessed valuation of real property located in any such
19    project area which is attributable to an increase above the
20    total initial equalized assessed valuation of such
21    property shall be used as part of the equalized assessed
22    valuation of the district, until such time as all
23    redevelopment project costs have been paid, as provided in
24    Section 11-74.4-8 of the Tax Increment Allocation
25    Redevelopment Act or in Section 11-74.6-35 of the
26    Industrial Jobs Recovery Law. For the purpose of the

 

 

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1    equalized assessed valuation of the district, the total
2    initial equalized assessed valuation or the current
3    equalized assessed valuation, whichever is lower, shall be
4    used until such time as all redevelopment project costs
5    have been paid.
6        (b) The real property equalized assessed valuation for
7    a school district shall be adjusted by subtracting from the
8    real property value as equalized or assessed by the
9    Department of Revenue for the district an amount computed
10    by dividing the amount of any abatement of taxes under
11    Section 18-170 of the Property Tax Code by 3.00% for a
12    district maintaining grades kindergarten through 12, by
13    2.30% for a district maintaining grades kindergarten
14    through 8, or by 1.05% for a district maintaining grades 9
15    through 12 and adjusted by an amount computed by dividing
16    the amount of any abatement of taxes under subsection (a)
17    of Section 18-165 of the Property Tax Code by the same
18    percentage rates for district type as specified in this
19    subparagraph (b).
20    (3) For the 1999-2000 school year and each school year
21thereafter, if a school district meets all of the criteria of
22this subsection (G)(3), the school district's Available Local
23Resources shall be calculated under subsection (D) using the
24district's Extension Limitation Equalized Assessed Valuation
25as calculated under this subsection (G)(3).
26    For purposes of this subsection (G)(3) the following terms

 

 

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1shall have the following meanings:
2        "Budget Year": The school year for which general State
3    aid is calculated and awarded under subsection (E).
4        "Base Tax Year": The property tax levy year used to
5    calculate the Budget Year allocation of general State aid.
6        "Preceding Tax Year": The property tax levy year
7    immediately preceding the Base Tax Year.
8        "Base Tax Year's Tax Extension": The product of the
9    equalized assessed valuation utilized by the County Clerk
10    in the Base Tax Year multiplied by the limiting rate as
11    calculated by the County Clerk and defined in the Property
12    Tax Extension Limitation Law.
13        "Preceding Tax Year's Tax Extension": The product of
14    the equalized assessed valuation utilized by the County
15    Clerk in the Preceding Tax Year multiplied by the Operating
16    Tax Rate as defined in subsection (A).
17        "Extension Limitation Ratio": A numerical ratio,
18    certified by the County Clerk, in which the numerator is
19    the Base Tax Year's Tax Extension and the denominator is
20    the Preceding Tax Year's Tax Extension.
21        "Operating Tax Rate": The operating tax rate as defined
22    in subsection (A).
23    If a school district is subject to property tax extension
24limitations as imposed under the Property Tax Extension
25Limitation Law, the State Board of Education shall calculate
26the Extension Limitation Equalized Assessed Valuation of that

 

 

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1district. For the 1999-2000 school year, the Extension
2Limitation Equalized Assessed Valuation of a school district as
3calculated by the State Board of Education shall be equal to
4the product of the district's 1996 Equalized Assessed Valuation
5and the district's Extension Limitation Ratio. Except as
6otherwise provided in this paragraph for a school district that
7has approved or does approve an increase in its limiting rate,
8for the 2000-2001 school year and each school year thereafter,
9the Extension Limitation Equalized Assessed Valuation of a
10school district as calculated by the State Board of Education
11shall be equal to the product of the Equalized Assessed
12Valuation last used in the calculation of general State aid and
13the district's Extension Limitation Ratio. If the Extension
14Limitation Equalized Assessed Valuation of a school district as
15calculated under this subsection (G)(3) is less than the
16district's equalized assessed valuation as calculated pursuant
17to subsections (G)(1) and (G)(2), then for purposes of
18calculating the district's general State aid for the Budget
19Year pursuant to subsection (E), that Extension Limitation
20Equalized Assessed Valuation shall be utilized to calculate the
21district's Available Local Resources under subsection (D). For
22the 2009-2010 school year and each school year thereafter, if a
23school district has approved or does approve an increase in its
24limiting rate, pursuant to Section 18-190 of the Property Tax
25Code, affecting the Base Tax Year, the Extension Limitation
26Equalized Assessed Valuation of the school district, as

 

 

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1calculated by the State Board of Education, shall be equal to
2the product of the Equalized Assessed Valuation last used in
3the calculation of general State aid times an amount equal to
4one plus the percentage increase, if any, in the Consumer Price
5Index for all Urban Consumers for all items published by the
6United States Department of Labor for the 12-month calendar
7year preceding the Base Tax Year, plus the Equalized Assessed
8Valuation of new property, annexed property, and recovered tax
9increment value and minus the Equalized Assessed Valuation of
10disconnected property. New property and recovered tax
11increment value shall have the meanings set forth in the
12Property Tax Extension Limitation Law.
13    Partial elementary unit districts created in accordance
14with Article 11E of this Code shall not be eligible for the
15adjustment in this subsection (G)(3) until the fifth year
16following the effective date of the reorganization.
17    (3.5) For the 2010-2011 school year and each school year
18thereafter, if a school district's boundaries span multiple
19counties, then the Department of Revenue shall send to the
20State Board of Education, for the purpose of calculating
21general State aid, the limiting rate and individual rates by
22purpose for the county that contains the majority of the school
23district's Equalized Assessed Valuation.
24    (4) For the purposes of calculating general State aid for
25the 1999-2000 school year only, if a school district
26experienced a triennial reassessment on the equalized assessed

 

 

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1valuation used in calculating its general State financial aid
2apportionment for the 1998-1999 school year, the State Board of
3Education shall calculate the Extension Limitation Equalized
4Assessed Valuation that would have been used to calculate the
5district's 1998-1999 general State aid. This amount shall equal
6the product of the equalized assessed valuation used to
7calculate general State aid for the 1997-1998 school year and
8the district's Extension Limitation Ratio. If the Extension
9Limitation Equalized Assessed Valuation of the school district
10as calculated under this paragraph (4) is less than the
11district's equalized assessed valuation utilized in
12calculating the district's 1998-1999 general State aid
13allocation, then for purposes of calculating the district's
14general State aid pursuant to paragraph (5) of subsection (E),
15that Extension Limitation Equalized Assessed Valuation shall
16be utilized to calculate the district's Available Local
17Resources.
18    (5) For school districts having a majority of their
19equalized assessed valuation in any county except Cook, DuPage,
20Kane, Lake, McHenry, or Will, if the amount of general State
21aid allocated to the school district for the 1999-2000 school
22year under the provisions of subsection (E), (H), and (J) of
23this Section is less than the amount of general State aid
24allocated to the district for the 1998-1999 school year under
25these subsections, then the general State aid of the district
26for the 1999-2000 school year only shall be increased by the

 

 

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1difference between these amounts. The total payments made under
2this paragraph (5) shall not exceed $14,000,000. Claims shall
3be prorated if they exceed $14,000,000.
 
4(H) Supplemental General State Aid.
5    (1) In addition to the general State aid a school district
6is allotted pursuant to subsection (E), qualifying school
7districts shall receive a grant, paid in conjunction with a
8district's payments of general State aid, for supplemental
9general State aid based upon the concentration level of
10children from low-income households within the school
11district. Supplemental State aid grants provided for school
12districts under this subsection shall be appropriated for
13distribution to school districts as part of the same line item
14in which the general State financial aid of school districts is
15appropriated under this Section.
16    (1.5) This paragraph (1.5) applies only to those school
17years preceding the 2003-2004 school year. For purposes of this
18subsection (H), the term "Low-Income Concentration Level"
19shall be the low-income eligible pupil count from the most
20recently available federal census divided by the Average Daily
21Attendance of the school district. If, however, (i) the
22percentage decrease from the 2 most recent federal censuses in
23the low-income eligible pupil count of a high school district
24with fewer than 400 students exceeds by 75% or more the
25percentage change in the total low-income eligible pupil count

 

 

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1of contiguous elementary school districts, whose boundaries
2are coterminous with the high school district, or (ii) a high
3school district within 2 counties and serving 5 elementary
4school districts, whose boundaries are coterminous with the
5high school district, has a percentage decrease from the 2 most
6recent federal censuses in the low-income eligible pupil count
7and there is a percentage increase in the total low-income
8eligible pupil count of a majority of the elementary school
9districts in excess of 50% from the 2 most recent federal
10censuses, then the high school district's low-income eligible
11pupil count from the earlier federal census shall be the number
12used as the low-income eligible pupil count for the high school
13district, for purposes of this subsection (H). The changes made
14to this paragraph (1) by Public Act 92-28 shall apply to
15supplemental general State aid grants for school years
16preceding the 2003-2004 school year that are paid in fiscal
17year 1999 or thereafter and to any State aid payments made in
18fiscal year 1994 through fiscal year 1998 pursuant to
19subsection 1(n) of Section 18-8 of this Code (which was
20repealed on July 1, 1998), and any high school district that is
21affected by Public Act 92-28 is entitled to a recomputation of
22its supplemental general State aid grant or State aid paid in
23any of those fiscal years. This recomputation shall not be
24affected by any other funding.
25    (1.10) This paragraph (1.10) applies to the 2003-2004
26school year and each school year thereafter. For purposes of

 

 

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1this subsection (H), the term "Low-Income Concentration Level"
2shall, for each fiscal year, be the low-income eligible pupil
3count as of July 1 of the immediately preceding fiscal year (as
4determined by the Department of Human Services based on the
5number of pupils who are eligible for at least one of the
6following low income programs: Medicaid, the Children's Health
7Insurance Program, TANF, or Food Stamps, excluding pupils who
8are eligible for services provided by the Department of
9Children and Family Services, averaged over the 2 immediately
10preceding fiscal years for fiscal year 2004 and over the 3
11immediately preceding fiscal years for each fiscal year
12thereafter) divided by the Average Daily Attendance of the
13school district.
14    (2) Supplemental general State aid pursuant to this
15subsection (H) shall be provided as follows for the 1998-1999,
161999-2000, and 2000-2001 school years only:
17        (a) For any school district with a Low Income
18    Concentration Level of at least 20% and less than 35%, the
19    grant for any school year shall be $800 multiplied by the
20    low income eligible pupil count.
21        (b) For any school district with a Low Income
22    Concentration Level of at least 35% and less than 50%, the
23    grant for the 1998-1999 school year shall be $1,100
24    multiplied by the low income eligible pupil count.
25        (c) For any school district with a Low Income
26    Concentration Level of at least 50% and less than 60%, the

 

 

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1    grant for the 1998-99 school year shall be $1,500
2    multiplied by the low income eligible pupil count.
3        (d) For any school district with a Low Income
4    Concentration Level of 60% or more, the grant for the
5    1998-99 school year shall be $1,900 multiplied by the low
6    income eligible pupil count.
7        (e) For the 1999-2000 school year, the per pupil amount
8    specified in subparagraphs (b), (c), and (d) immediately
9    above shall be increased to $1,243, $1,600, and $2,000,
10    respectively.
11        (f) For the 2000-2001 school year, the per pupil
12    amounts specified in subparagraphs (b), (c), and (d)
13    immediately above shall be $1,273, $1,640, and $2,050,
14    respectively.
15    (2.5) Supplemental general State aid pursuant to this
16subsection (H) shall be provided as follows for the 2002-2003
17school year:
18        (a) For any school district with a Low Income
19    Concentration Level of less than 10%, the grant for each
20    school year shall be $355 multiplied by the low income
21    eligible pupil count.
22        (b) For any school district with a Low Income
23    Concentration Level of at least 10% and less than 20%, the
24    grant for each school year shall be $675 multiplied by the
25    low income eligible pupil count.
26        (c) For any school district with a Low Income

 

 

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1    Concentration Level of at least 20% and less than 35%, the
2    grant for each school year shall be $1,330 multiplied by
3    the low income eligible pupil count.
4        (d) For any school district with a Low Income
5    Concentration Level of at least 35% and less than 50%, the
6    grant for each school year shall be $1,362 multiplied by
7    the low income eligible pupil count.
8        (e) For any school district with a Low Income
9    Concentration Level of at least 50% and less than 60%, the
10    grant for each school year shall be $1,680 multiplied by
11    the low income eligible pupil count.
12        (f) For any school district with a Low Income
13    Concentration Level of 60% or more, the grant for each
14    school year shall be $2,080 multiplied by the low income
15    eligible pupil count.
16    (2.10) Except as otherwise provided, supplemental general
17State aid pursuant to this subsection (H) shall be provided as
18follows for the 2003-2004 school year and each school year
19thereafter:
20        (a) For any school district with a Low Income
21    Concentration Level of 15% or less, the grant for each
22    school year shall be $355 multiplied by the low income
23    eligible pupil count.
24        (b) For any school district with a Low Income
25    Concentration Level greater than 15%, the grant for each
26    school year shall be $294.25 added to the product of $2,700

 

 

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1    and the square of the Low Income Concentration Level, all
2    multiplied by the low income eligible pupil count.
3    For the 2003-2004 school year and each school year
4thereafter through the 2008-2009 school year only, the grant
5shall be no less than the grant for the 2002-2003 school year.
6For the 2009-2010 school year only, the grant shall be no less
7than the grant for the 2002-2003 school year multiplied by
80.66. For the 2010-2011 school year only, the grant shall be no
9less than the grant for the 2002-2003 school year multiplied by
100.33. Notwithstanding the provisions of this paragraph to the
11contrary, if for any school year supplemental general State aid
12grants are prorated as provided in paragraph (1) of this
13subsection (H), then the grants under this paragraph shall be
14prorated.
15    For the 2003-2004 school year only, the grant shall be no
16greater than the grant received during the 2002-2003 school
17year added to the product of 0.25 multiplied by the difference
18between the grant amount calculated under subsection (a) or (b)
19of this paragraph (2.10), whichever is applicable, and the
20grant received during the 2002-2003 school year. For the
212004-2005 school year only, the grant shall be no greater than
22the grant received during the 2002-2003 school year added to
23the product of 0.50 multiplied by the difference between the
24grant amount calculated under subsection (a) or (b) of this
25paragraph (2.10), whichever is applicable, and the grant
26received during the 2002-2003 school year. For the 2005-2006

 

 

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1school year only, the grant shall be no greater than the grant
2received during the 2002-2003 school year added to the product
3of 0.75 multiplied by the difference between the grant amount
4calculated under subsection (a) or (b) of this paragraph
5(2.10), whichever is applicable, and the grant received during
6the 2002-2003 school year.
7    (3) School districts with an Average Daily Attendance of
8more than 1,000 and less than 50,000 that qualify for
9supplemental general State aid pursuant to this subsection
10shall submit a plan to the State Board of Education prior to
11October 30 of each year for the use of the funds resulting from
12this grant of supplemental general State aid for the
13improvement of instruction in which priority is given to
14meeting the education needs of disadvantaged children. Such
15plan shall be submitted in accordance with rules and
16regulations promulgated by the State Board of Education.
17    (4) School districts with an Average Daily Attendance of
1850,000 or more that qualify for supplemental general State aid
19pursuant to this subsection shall be required to distribute
20from funds available pursuant to this Section, no less than
21$261,000,000 in accordance with the following requirements:
22        (a) The required amounts shall be distributed to the
23    attendance centers within the district in proportion to the
24    number of pupils enrolled at each attendance center who are
25    eligible to receive free or reduced-price lunches or
26    breakfasts under the federal Child Nutrition Act of 1966

 

 

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1    and under the National School Lunch Act during the
2    immediately preceding school year.
3        (b) The distribution of these portions of supplemental
4    and general State aid among attendance centers according to
5    these requirements shall not be compensated for or
6    contravened by adjustments of the total of other funds
7    appropriated to any attendance centers, and the Board of
8    Education shall utilize funding from one or several sources
9    in order to fully implement this provision annually prior
10    to the opening of school.
11        (c) Each attendance center shall be provided by the
12    school district a distribution of noncategorical funds and
13    other categorical funds to which an attendance center is
14    entitled under law in order that the general State aid and
15    supplemental general State aid provided by application of
16    this subsection supplements rather than supplants the
17    noncategorical funds and other categorical funds provided
18    by the school district to the attendance centers.
19        (d) Any funds made available under this subsection that
20    by reason of the provisions of this subsection are not
21    required to be allocated and provided to attendance centers
22    may be used and appropriated by the board of the district
23    for any lawful school purpose.
24        (e) Funds received by an attendance center pursuant to
25    this subsection shall be used by the attendance center at
26    the discretion of the principal and local school council

 

 

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1    for programs to improve educational opportunities at
2    qualifying schools through the following programs and
3    services: early childhood education, reduced class size or
4    improved adult to student classroom ratio, enrichment
5    programs, remedial assistance, attendance improvement, and
6    other educationally beneficial expenditures which
7    supplement the regular and basic programs as determined by
8    the State Board of Education. Funds provided shall not be
9    expended for any political or lobbying purposes as defined
10    by board rule.
11        (f) Each district subject to the provisions of this
12    subdivision (H)(4) shall submit an acceptable plan to meet
13    the educational needs of disadvantaged children, in
14    compliance with the requirements of this paragraph, to the
15    State Board of Education prior to July 15 of each year.
16    This plan shall be consistent with the decisions of local
17    school councils concerning the school expenditure plans
18    developed in accordance with part 4 of Section 34-2.3. The
19    State Board shall approve or reject the plan within 60 days
20    after its submission. If the plan is rejected, the district
21    shall give written notice of intent to modify the plan
22    within 15 days of the notification of rejection and then
23    submit a modified plan within 30 days after the date of the
24    written notice of intent to modify. Districts may amend
25    approved plans pursuant to rules promulgated by the State
26    Board of Education.

 

 

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1        Upon notification by the State Board of Education that
2    the district has not submitted a plan prior to July 15 or a
3    modified plan within the time period specified herein, the
4    State aid funds affected by that plan or modified plan
5    shall be withheld by the State Board of Education until a
6    plan or modified plan is submitted.
7        If the district fails to distribute State aid to
8    attendance centers in accordance with an approved plan, the
9    plan for the following year shall allocate funds, in
10    addition to the funds otherwise required by this
11    subsection, to those attendance centers which were
12    underfunded during the previous year in amounts equal to
13    such underfunding.
14        For purposes of determining compliance with this
15    subsection in relation to the requirements of attendance
16    center funding, each district subject to the provisions of
17    this subsection shall submit as a separate document by
18    December 1 of each year a report of expenditure data for
19    the prior year in addition to any modification of its
20    current plan. If it is determined that there has been a
21    failure to comply with the expenditure provisions of this
22    subsection regarding contravention or supplanting, the
23    State Superintendent of Education shall, within 60 days of
24    receipt of the report, notify the district and any affected
25    local school council. The district shall within 45 days of
26    receipt of that notification inform the State

 

 

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1    Superintendent of Education of the remedial or corrective
2    action to be taken, whether by amendment of the current
3    plan, if feasible, or by adjustment in the plan for the
4    following year. Failure to provide the expenditure report
5    or the notification of remedial or corrective action in a
6    timely manner shall result in a withholding of the affected
7    funds.
8        The State Board of Education shall promulgate rules and
9    regulations to implement the provisions of this
10    subsection. No funds shall be released under this
11    subdivision (H)(4) to any district that has not submitted a
12    plan that has been approved by the State Board of
13    Education.
 
14(I) (Blank).
 
15(J) (Blank).
 
16(K) Grants to Laboratory and Alternative Schools.
17    In calculating the amount to be paid to the governing board
18of a public university that operates a laboratory school under
19this Section or to any alternative school that is operated by a
20regional superintendent of schools, the State Board of
21Education shall require by rule such reporting requirements as
22it deems necessary.
23    As used in this Section, "laboratory school" means a public

 

 

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1school which is created and operated by a public university and
2approved by the State Board of Education. The governing board
3of a public university which receives funds from the State
4Board under this subsection (K) may not increase the number of
5students enrolled in its laboratory school from a single
6district, if that district is already sending 50 or more
7students, except under a mutual agreement between the school
8board of a student's district of residence and the university
9which operates the laboratory school. A laboratory school may
10not have more than 1,000 students, excluding students with
11disabilities in a special education program.
12    As used in this Section, "alternative school" means a
13public school which is created and operated by a Regional
14Superintendent of Schools and approved by the State Board of
15Education. Such alternative schools may offer courses of
16instruction for which credit is given in regular school
17programs, courses to prepare students for the high school
18equivalency testing program or vocational and occupational
19training. A regional superintendent of schools may contract
20with a school district or a public community college district
21to operate an alternative school. An alternative school serving
22more than one educational service region may be established by
23the regional superintendents of schools of the affected
24educational service regions. An alternative school serving
25more than one educational service region may be operated under
26such terms as the regional superintendents of schools of those

 

 

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1educational service regions may agree.
2    Each laboratory and alternative school shall file, on forms
3provided by the State Superintendent of Education, an annual
4State aid claim which states the Average Daily Attendance of
5the school's students by month. The best 3 months' Average
6Daily Attendance shall be computed for each school. The general
7State aid entitlement shall be computed by multiplying the
8applicable Average Daily Attendance by the Foundation Level as
9determined under this Section.
 
10(L) Payments, Additional Grants in Aid and Other Requirements.
11    (1) For a school district operating under the financial
12supervision of an Authority created under Article 34A, the
13general State aid otherwise payable to that district under this
14Section, but not the supplemental general State aid, shall be
15reduced by an amount equal to the budget for the operations of
16the Authority as certified by the Authority to the State Board
17of Education, and an amount equal to such reduction shall be
18paid to the Authority created for such district for its
19operating expenses in the manner provided in Section 18-11. The
20remainder of general State school aid for any such district
21shall be paid in accordance with Article 34A when that Article
22provides for a disposition other than that provided by this
23Article.
24    (2) (Blank).
25    (3) Summer school. Summer school payments shall be made as

 

 

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1provided in Section 18-4.3.
 
2(M) Education Funding Advisory Board.
3    The Education Funding Advisory Board, hereinafter in this
4subsection (M) referred to as the "Board", is hereby created.
5The Board shall consist of 5 members who are appointed by the
6Governor, by and with the advice and consent of the Senate. The
7members appointed shall include representatives of education,
8business, and the general public. One of the members so
9appointed shall be designated by the Governor at the time the
10appointment is made as the chairperson of the Board. The
11initial members of the Board may be appointed any time after
12the effective date of this amendatory Act of 1997. The regular
13term of each member of the Board shall be for 4 years from the
14third Monday of January of the year in which the term of the
15member's appointment is to commence, except that of the 5
16initial members appointed to serve on the Board, the member who
17is appointed as the chairperson shall serve for a term that
18commences on the date of his or her appointment and expires on
19the third Monday of January, 2002, and the remaining 4 members,
20by lots drawn at the first meeting of the Board that is held
21after all 5 members are appointed, shall determine 2 of their
22number to serve for terms that commence on the date of their
23respective appointments and expire on the third Monday of
24January, 2001, and 2 of their number to serve for terms that
25commence on the date of their respective appointments and

 

 

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1expire on the third Monday of January, 2000. All members
2appointed to serve on the Board shall serve until their
3respective successors are appointed and confirmed. Vacancies
4shall be filled in the same manner as original appointments. If
5a vacancy in membership occurs at a time when the Senate is not
6in session, the Governor shall make a temporary appointment
7until the next meeting of the Senate, when he or she shall
8appoint, by and with the advice and consent of the Senate, a
9person to fill that membership for the unexpired term. If the
10Senate is not in session when the initial appointments are
11made, those appointments shall be made as in the case of
12vacancies.
13    The Education Funding Advisory Board shall be deemed
14established, and the initial members appointed by the Governor
15to serve as members of the Board shall take office, on the date
16that the Governor makes his or her appointment of the fifth
17initial member of the Board, whether those initial members are
18then serving pursuant to appointment and confirmation or
19pursuant to temporary appointments that are made by the
20Governor as in the case of vacancies.
21    The State Board of Education shall provide such staff
22assistance to the Education Funding Advisory Board as is
23reasonably required for the proper performance by the Board of
24its responsibilities.
25    For school years after the 2000-2001 school year, the
26Education Funding Advisory Board, in consultation with the

 

 

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1State Board of Education, shall make recommendations as
2provided in this subsection (M) to the General Assembly for the
3foundation level under subdivision (B)(3) of this Section and
4for the supplemental general State aid grant level under
5subsection (H) of this Section for districts with high
6concentrations of children from poverty. The recommended
7foundation level shall be determined based on a methodology
8which incorporates the basic education expenditures of
9low-spending schools exhibiting high academic performance. The
10Education Funding Advisory Board shall make such
11recommendations to the General Assembly on January 1 of odd
12numbered years, beginning January 1, 2001.
 
13(N) (Blank).
 
14(O) References.
15    (1) References in other laws to the various subdivisions of
16Section 18-8 as that Section existed before its repeal and
17replacement by this Section 18-8.05 shall be deemed to refer to
18the corresponding provisions of this Section 18-8.05, to the
19extent that those references remain applicable.
20    (2) References in other laws to State Chapter 1 funds shall
21be deemed to refer to the supplemental general State aid
22provided under subsection (H) of this Section.
 
23(P) Public Act 93-838 and Public Act 93-808 make inconsistent

 

 

SB3664- 41 -LRB098 21506 OMW 60054 b

1changes to this Section. Under Section 6 of the Statute on
2Statutes there is an irreconcilable conflict between Public Act
393-808 and Public Act 93-838. Public Act 93-838, being the last
4acted upon, is controlling. The text of Public Act 93-838 is
5the law regardless of the text of Public Act 93-808.
6(Source: P.A. 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300,
7eff. 8-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09;
896-959, eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1480, eff.
911-18-10; 97-339, eff. 8-12-11; 97-351, eff. 8-12-11; 97-742,
10eff. 6-30-13; 97-813, eff. 7-13-12.)
 
11    Section 99. Effective date. This Act takes effect July 1,
122014.