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90_HB2743 105 ILCS 5/18-8.05 Amends the School Code. In the State aid formula applicable to alternative schools in the 1998-99 and subsequent school years, authorizes a regional superintendent of schools to contract with a school district or public community college to operate an alternative school, and provides that alternative schools serving more than one educational service region may be operated under such terms as the regional superintendents of those regions may agree. Effective July 1, 1998. LRB9009766THbd LRB9009766THbd 1 AN ACT amend the School Code by changing Section 18-8.05. 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 (This Section may contain text from a Public Act with a 8 delayed effective date.) 9 Sec. 18-8.05. Basis for apportionment of general State 10 financial aid and supplemental general State aid to the 11 common schools for the 1998-1999 and subsequent school years. 12 (A) General Provisions. 13 (1) The provisions of this Section apply to the 14 1998-1999 and subsequent school years. The system of general 15 State financial aid provided for in this Section is designed 16 to assure that, through a combination of State financial aid 17 and required local resources, the financial support provided 18 each pupil in Average Daily Attendance equals or exceeds a 19 prescribed per pupil Foundation Level. This formula approach 20 imputes a level of per pupil Available Local Resources and 21 provides for the basis to calculate a per pupil level of 22 general State financial aid that, when added to Available 23 Local Resources, equals or exceeds the Foundation Level. The 24 amount of per pupil general State financial aid for school 25 districts, in general, varies in inverse relation to 26 Available Local Resources. Per pupil amounts are based upon 27 each school district's Average Daily Attendance as that term 28 is defined in this Section. 29 (2) In addition to general State financial aid, school 30 districts with specified levels or concentrations of pupils 31 from low income households are eligible to receive -2- LRB9009766THbd 1 supplemental general State financial aid grants as provided 2 pursuant to subsection (H). The supplemental State aid grants 3 provided for school districts under subsection (H) shall be 4 appropriated for distribution to school districts as part of 5 the same line item in which the general State financial aid 6 of school districts is appropriated under this Section. 7 (3) To receive financial assistance under this Section, 8 school districts are required to file claims with the State 9 Board of Education, subject to the following requirements: 10 (a) Any school district which fails for any given 11 school year to maintain school as required by law, or to 12 maintain a recognized school is not eligible to file for 13 such school year any claim upon the Common School Fund. 14 In case of nonrecognition of one or more attendance 15 centers in a school district otherwise operating 16 recognized schools, the claim of the district shall be 17 reduced in the proportion which the Average Daily 18 Attendance in the attendance center or centers bear to 19 the Average Daily Attendance in the school district. A 20 "recognized school" means any public school which meets 21 the standards as established for recognition by the State 22 Board of Education. A school district or attendance 23 center not having recognition status at the end of a 24 school term is entitled to receive State aid payments due 25 upon a legal claim which was filed while it was 26 recognized. 27 (b) School district claims filed under this Section 28 are subject to Sections 18-9, 18-10, and 18-12, except as 29 otherwise provided in this Section. 30 (c) If a school district operates a full year 31 school under Section 10-19.1, the general State aid to 32 the school district shall be determined by the State 33 Board of Education in accordance with this Section as 34 near as may be applicable. -3- LRB9009766THbd 1 (d) Claims for financial assistance under this 2 Section shall not be recomputed except as expressly 3 provided under this Section. 4 (4) Except as provided in subsections (H) and (L), the 5 board of any district receiving any of the grants provided 6 for in this Section may apply those funds to any fund so 7 received for which that board is authorized to make 8 expenditures by law. 9 School districts are not required to exert a minimum 10 Operating Tax Rate in order to qualify for assistance under 11 this Section. 12 (5) As used in this Section the following terms, when 13 capitalized, shall have the meaning ascribed herein: 14 (a) "Average Daily Attendance": A count of pupil 15 attendance in school, averaged as provided for in 16 subsection (C) and utilized in deriving per pupil 17 financial support levels. 18 (b) "Available Local Resources": A computation of 19 local financial support, calculated on the basis Average 20 Daily Attendance and derived as provided pursuant to 21 subsection (D). 22 (c) "Corporate Personal Property Replacement 23 Taxes": Funds paid to local school districts pursuant to 24 "An Act in relation to the abolition of ad valorem 25 personal property tax and the replacement of revenues 26 lost thereby, and amending and repealing certain Acts and 27 parts of Acts in connection therewith", certified August 28 14, 1979, as amended (Public Act 81-1st S.S.-1). 29 (d) "Foundation Level": A prescribed level of per 30 pupil financial support as provided for in subsection 31 (B). 32 (e) "Operating Tax Rate": All school district 33 property taxes extended for all purposes, except 34 community college educational purposes for the payment of -4- LRB9009766THbd 1 tuition under Section 6-1 of the Public Community College 2 Act, Bond and Interest, Summer School, Rent, Capital 3 Improvement, and Vocational Education Building purposes. 4 (B) Foundation Level. 5 (1) The Foundation Level is a figure established by the 6 State representing the minimum level of per pupil financial 7 support that should be available to provide for the basic 8 education of each pupil in Average Daily Attendance. As set 9 forth in this Section, each school district is assumed to 10 exert a sufficient local taxing effort such that, in 11 combination with the aggregate of general State financial aid 12 provided the district, an aggregate of State and local 13 resources are available to meet the basic education needs of 14 pupils in the district. 15 (2) For the 1998-1999 school year, the Foundation Level 16 of support is $4,225. For the 1999-2000 school year, the 17 Foundation Level of support is $4,325. For the 2000-2001 18 school year, the Foundation Level of support is $4,425. 19 (3) For the 2001-2002 school year and each school year 20 thereafter, the Foundation Level of support is $4,425 or such 21 greater amount as may be established by law by the General 22 Assembly. 23 (C) Average Daily Attendance. 24 (1) For purposes of calculating general State aid 25 pursuant to subsection (E), an Average Daily Attendance 26 figure shall be utilized. The Average Daily Attendance 27 figure for formula calculation purposes shall be the monthly 28 average of the actual number of pupils in attendance of each 29 school district, as further averaged for the best 3 months of 30 pupil attendance for each school district. In compiling the 31 figures for the number of pupils in attendance, school 32 districts and the State Board of Education shall, for 33 purposes of general State aid funding, conform attendance -5- LRB9009766THbd 1 figures to the requirements of subsection (F). 2 (2) The Average Daily Attendance figures utilized in 3 subsection (E) shall be the requisite attendance data for the 4 school year immediately preceding the school year for which 5 general State aid is being calculated. 6 (D) Available Local Resources. 7 (1) For purposes of calculating general State aid 8 pursuant to subsection (E), a representation of Available 9 Local Resources per pupil, as that term is defined and 10 determined in this subsection, shall be utilized. Available 11 Local Resources per pupil shall include a calculated dollar 12 amount representing local school district revenues from local 13 property taxes and from Corporate Personal Property 14 Replacement Taxes, expressed on the basis of pupils in 15 Average Daily Attendance. 16 (2) In determining a school district's revenue from 17 local property taxes, the State Board of Education shall 18 utilize the equalized assessed valuation of all taxable 19 property of each school district as of September 30 of the 20 previous year. The equalized assessed valuation utilized 21 shall be obtained and determined as provided in subsection 22 (G). 23 (3) For school districts maintaining grades kindergarten 24 through 12, local property tax revenues per pupil shall be 25 calculated as the product of the applicable equalized 26 assessed valuation for the district multiplied by 3.00%, and 27 divided by the district's Average Daily Attendance figure. 28 For school districts maintaining grades kindergarten through 29 8, local property tax revenues per pupil shall be calculated 30 as the product of the applicable equalized assessed valuation 31 for the district multiplied by 2.30%, and divided by the 32 district's Average Daily Attendance figure. For school 33 districts maintaining grades 9 through 12, local property tax 34 revenues per pupil shall be the applicable equalized assessed -6- LRB9009766THbd 1 valuation of the district multiplied by 1.20%, and divided by 2 the district's Average Daily Attendance figure. 3 (4) The Corporate Personal Property Replacement Taxes 4 paid to each school district during the calendar year 2 years 5 before the calendar year in which a school year begins, 6 divided by the Average Daily Attendance figure for that 7 district, shall be added to the local property tax revenues 8 per pupil as derived by the application of the immediately 9 preceding paragraph (3). The sum of these per pupil figures 10 for each school district shall constitute Available Local 11 Resources as that term is utilized in subsection (E) in the 12 calculation of general State aid. 13 (E) Computation of General State Aid. 14 (1) For each school year, the amount of general State 15 aid allotted to a school district shall be computed by the 16 State Board of Education as provided in this subsection. 17 (2) For any school district for which Available Local 18 Resources per pupil is less than the product of 0.93 times 19 the Foundation Level, general State aid for that district 20 shall be calculated as an amount equal to the Foundation 21 Level minus Available Local Resources, multiplied by the 22 Average Daily Attendance of the school district. 23 (3) For any school district for which Available Local 24 Resources per pupil is equal to or greater than the product 25 of 0.93 times the Foundation Level and less than the product 26 of 1.75 times the Foundation Level, the general State aid per 27 pupil shall be a decimal proportion of the Foundation Level 28 derived using a linear algorithm. Under this linear 29 algorithm, the calculated general State aid per pupil shall 30 decline in direct linear fashion from 0.07 times the 31 Foundation Level for a school district with Available Local 32 Resources equal to the product of 0.93 times the Foundation 33 Level, to 0.05 times the Foundation Level for a school 34 district with Available Local Resources equal to the product -7- LRB9009766THbd 1 of 1.75 times the Foundation Level. The allocation of 2 general State aid for school districts subject to this 3 paragraph 3 shall be the calculated general State aid per 4 pupil figure multiplied by the Average Daily Attendance of 5 the school district. 6 (4) For any school district for which Available Local 7 Resources per pupil equals or exceeds the product of 1.75 8 times the Foundation Level, the general State aid for the 9 school district shall be calculated as the product of $218 10 multiplied by the Average Daily Attendance of the school 11 district. 12 (F) Compilation of Average Daily Attendance. 13 (1) Each school district shall, by July 1 of each year, 14 submit to the State Board of Education, on forms prescribed 15 by the State Board of Education, attendance figures for the 16 school year that began in the preceding calendar year. The 17 attendance information so transmitted shall identify the 18 average daily attendance figures for each month of the school 19 year, except that any days of attendance in August shall be 20 added to the month of September and any days of attendance in 21 June shall be added to the month of May. 22 Except as otherwise provided in this Section, days of 23 attendance by pupils shall be counted only for sessions of 24 not less than 5 clock hours of school work per day under 25 direct supervision of: (i) teachers, or (ii) non-teaching 26 personnel or volunteer personnel when engaging in 27 non-teaching duties and supervising in those instances 28 specified in subsection (a) of Section 10-22.34 and paragraph 29 10 of Section 34-18, with pupils of legal school age and in 30 kindergarten and grades 1 through 12. 31 Days of attendance by tuition pupils shall be accredited 32 only to the districts that pay the tuition to a recognized 33 school. 34 (2) Days of attendance by pupils of less than 5 clock -8- LRB9009766THbd 1 hours of school shall be subject to the following provisions 2 in the compilation of Average Daily Attendance. 3 (a) Pupils regularly enrolled in a public school 4 for only a part of the school day may be counted on the 5 basis of 1/6 day for every class hour of instruction of 6 40 minutes or more attended pursuant to such enrollment. 7 (b) Days of attendance may be less than 5 clock 8 hours on the opening and closing of the school term, and 9 upon the first day of pupil attendance, if preceded by a 10 day or days utilized as an institute or teachers' 11 workshop. 12 (c) A session of 4 or more clock hours may be 13 counted as a day of attendance upon certification by the 14 regional superintendent, and approved by the State 15 Superintendent of Education to the extent that the 16 district has been forced to use daily multiple sessions. 17 (d) A session of 3 or more clock hours may be 18 counted as a day of attendance (1) when the remainder of 19 the school day or at least 2 hours in the evening of that 20 day is utilized for an in-service training program for 21 teachers, up to a maximum of 5 days per school year of 22 which a maximum of 4 days of such 5 days may be used for 23 parent-teacher conferences, provided a district conducts 24 an in-service training program for teachers which has 25 been approved by the State Superintendent of Education; 26 or, in lieu of 4 such days, 2 full days may be used, in 27 which event each such day may be counted as a day of 28 attendance; and (2) when days in addition to those 29 provided in item (1) are scheduled by a school pursuant 30 to its school improvement plan adopted under Article 34 31 or its revised or amended school improvement plan adopted 32 under Article 2, provided that (i) such sessions of 3 or 33 more clock hours are scheduled to occur at regular 34 intervals, (ii) the remainder of the school days in which -9- LRB9009766THbd 1 such sessions occur are utilized for in-service training 2 programs or other staff development activities for 3 teachers, and (iii) a sufficient number of minutes of 4 school work under the direct supervision of teachers are 5 added to the school days between such regularly scheduled 6 sessions to accumulate not less than the number of 7 minutes by which such sessions of 3 or more clock hours 8 fall short of 5 clock hours. Any full days used for the 9 purposes of this paragraph shall not be considered for 10 computing average daily attendance. Days scheduled for 11 in-service training programs, staff development 12 activities, or parent-teacher conferences may be 13 scheduled separately for different grade levels and 14 different attendance centers of the district. 15 (e) A session of not less than one clock hour 16 teaching of hospitalized or homebound pupils on-site or 17 by telephone to the classroom may be counted as 1/2 day 18 of attendance, however these pupils must receive 4 or 19 more clock hours of instruction to be counted for a full 20 day of attendance. 21 (f) A session of at least 4 clock hours may be 22 counted as a day of attendance for first grade pupils, 23 and pupils in full day kindergartens, and a session of 2 24 or more hours may be counted as 1/2 day of attendance by 25 pupils in kindergartens which provide only 1/2 day of 26 attendance. 27 (g) For children with disabilities who are below 28 the age of 6 years and who cannot attend 2 or more clock 29 hours because of their disability or immaturity, a 30 session of not less than one clock hour may be counted as 31 1/2 day of attendance; however for such children whose 32 educational needs so require a session of 4 or more clock 33 hours may be counted as a full day of attendance. 34 (h) A recognized kindergarten which provides for -10- LRB9009766THbd 1 only 1/2 day of attendance by each pupil shall not have 2 more than 1/2 day of attendance counted in any 1 day. 3 However, kindergartens may count 2 1/2 days of attendance 4 in any 5 consecutive school days. When a pupil attends 5 such a kindergarten for 2 half days on any one school 6 day, the pupil shall have the following day as a day 7 absent from school, unless the school district obtains 8 permission in writing from the State Superintendent of 9 Education. Attendance at kindergartens which provide for 10 a full day of attendance by each pupil shall be counted 11 the same as attendance by first grade pupils. Only the 12 first year of attendance in one kindergarten shall be 13 counted, except in case of children who entered the 14 kindergarten in their fifth year whose educational 15 development requires a second year of kindergarten as 16 determined under the rules and regulations of the State 17 Board of Education. 18 (G) Equalized Assessed Valuation Data. 19 (1) For purposes of the calculation of Available Local 20 Resources required pursuant to subsection (D), the State 21 Board of Education shall secure from the Department of 22 Revenue the value as equalized or assessed by the Department 23 of Revenue of all taxable property of every school district 24 together with the applicable tax rate used in extending taxes 25 for the funds of the district as of September 30 of the 26 previous year. 27 This equalized assessed valuation, as adjusted further by 28 the requirements of this subsection, shall be utilized in the 29 calculation of Available Local Resources. 30 (2) The equalized assessed valuation in paragraph (1) 31 shall be adjusted, as applicable, in the following manner: 32 (a) For the purposes of calculating State aid under 33 this Section, with respect to any part of a school 34 district within a redevelopment project area in respect -11- LRB9009766THbd 1 to which a municipality has adopted tax increment 2 allocation financing pursuant to the Tax Increment 3 Allocation Redevelopment Act, Sections 11-74.4-1 through 4 11-74.4-11 of the Illinois Municipal Code or the 5 Industrial Jobs Recovery Law, Sections 11-74.6-1 through 6 11-74.6-50 of the Illinois Municipal Code, no part of the 7 current equalized assessed valuation of real property 8 located in any such project area which is attributable to 9 an increase above the total initial equalized assessed 10 valuation of such property shall be used as part of the 11 equalized assessed valuation of the district, until such 12 time as all redevelopment project costs have been paid, 13 as provided in Section 11-74.4-8 of the Tax Increment 14 Allocation Redevelopment Act or in Section 11-74.6-35 of 15 the Industrial Jobs Recovery Law. For the purpose of the 16 equalized assessed valuation of the district, the total 17 initial equalized assessed valuation or the current 18 equalized assessed valuation, whichever is lower, shall 19 be used until such time as all redevelopment project 20 costs have been paid. 21 (b) The real property equalized assessed valuation 22 for a school district shall be adjusted by subtracting 23 from the real property value as equalized or assessed by 24 the Department of Revenue for the district an amount 25 computed by dividing the amount of any abatement of taxes 26 under Section 18-170 of the Property Tax Code by 3.00% 27 for a district maintaining grades kindergarten through 12 28 or by 2.30% for a district maintaining grades 29 kindergarten through 8, or by 1.20% for a district 30 maintaining grades 9 through 12 and adjusted by an amount 31 computed by dividing the amount of any abatement of taxes 32 under subsection (a) of Section 18-165 of the Property 33 Tax Code by the same percentage rates for district type 34 as specified in this subparagraph (c). -12- LRB9009766THbd 1 (H) Supplemental General State Aid. 2 (1) In addition to the general State aid a school 3 district is allotted pursuant to subsection (E), qualifying 4 school districts shall receive a grant, paid in conjunction 5 with a district's payments of general State aid, for 6 supplemental general State aid based upon the concentration 7 level of children from low-income households within the 8 school district. Supplemental State aid grants provided for 9 school districts under this subsection shall be appropriated 10 for distribution to school districts as part of the same line 11 item in which the general State financial aid of school 12 districts is appropriated under this Section. For purposes of 13 this subsection, the term "Low-Income Concentration Level" 14 shall be the low-income eligible pupil count from the most 15 recently available federal census divided by the Average 16 Daily Attendance of the school district. 17 (2) Supplemental general State aid pursuant to this 18 subsection shall be provided as follows: 19 (a) For any school district with a Low Income 20 Concentration Level of at least 20% and less than 35%, 21 the grant for any school year shall be $800 multiplied by 22 the low income eligible pupil count. 23 (b) For any school district with a Low Income 24 Concentration Level of at least 35% and less than 50%, 25 the grant for the 1998-1999 school year shall be $1,100 26 multiplied by the low income eligible pupil count. 27 (c) For any school district with a Low Income 28 Concentration Level of at least 50% and less than 60%, 29 the grant for the 1998-99 school year shall be $1,500 30 multiplied by the low income eligible pupil count. 31 (d) For any school district with a Low Income 32 Concentration Level of 60% or more, the grant for the 33 1998-99 school year shall be $1,900 multiplied by the low 34 income eligible pupil count. -13- LRB9009766THbd 1 (e) For the 1999-2000 school year, the per pupil 2 amount specified in subparagraphs (b), (c), and (d), 3 immediately above shall be increased by $100 to $1,200, 4 $1,600, and $2,000, respectively. 5 (f) For the 2000-2001 school year, the per pupil 6 amounts specified in subparagraphs (b), (c) and (d) 7 immediately above shall be increased to $1,230, $1,640, 8 and $2,050, respectively. 9 (3) School districts with an Average Daily Attendance of 10 more than 1,000 and less than 50,000 that qualify for 11 supplemental general State aid pursuant to this subsection 12 shall submit a plan to the State Board of Education prior to 13 October 30 of each year for the use of the funds resulting 14 from this grant of supplemental general State aid for the 15 improvement of instruction in which priority is given to 16 meeting the education needs of disadvantaged children. Such 17 plan shall be submitted in accordance with rules and 18 regulations promulgated by the State Board of Education. 19 (4) School districts with an Average Daily Attendance of 20 50,000 or more that qualify for supplemental general State 21 aid pursuant to this subsection shall be required to 22 distribute from funds available pursuant to this Section, no 23 less than $261,000,000 in accordance with the following 24 requirements: 25 (a) The required amounts shall be distributed to 26 the attendance centers within the district in proportion 27 to the number of pupils enrolled at each attendance 28 center who are eligible to receive free or reduced-price 29 lunches or breakfasts under the federal Child Nutrition 30 Act of 1966 and under the National School Lunch Act 31 during the immediately preceding school year. 32 (b) The distribution of these portions of 33 supplemental and general State aid among attendance 34 centers according to these requirements shall not be -14- LRB9009766THbd 1 compensated for or contravened by adjustments of the 2 total of other funds appropriated to any attendance 3 centers, and the Board of Education shall utilize funding 4 from one or several sources in order to fully implement 5 this provision annually prior to the opening of school. 6 (c) Each attendance center shall be provided by the 7 school district a distribution of noncategorical funds 8 and other categorical funds to which an attendance center 9 is entitled under law in order that the general State aid 10 and supplemental general State aid provided by 11 application of this subsection supplements rather than 12 supplants the noncategorical funds and other categorical 13 funds provided by the school district to the attendance 14 centers. 15 (d) Any funds made available under this subsection 16 that by reason of the provisions of this subsection are 17 not required to be allocated and provided to attendance 18 centers may be used and appropriated by the board of the 19 district for any lawful school purpose. 20 (e) Funds received by an attendance center pursuant 21 to this subsection shall be used by the attendance center 22 at the discretion of the principal and local school 23 council for programs to improve educational opportunities 24 at qualifying schools through the following programs and 25 services: early childhood education, reduced class size 26 or improved adult to student classroom ratio, enrichment 27 programs, remedial assistance, attendance improvement and 28 other educationally beneficial expenditures which 29 supplement the regular and basic programs as determined 30 by the State Board of Education. Funds provided shall 31 not be expended for any political or lobbying purposes as 32 defined by board rule. 33 (f) Each district subject to the provisions of this 34 subdivision (H)(4) shall submit an acceptable plan to -15- LRB9009766THbd 1 meet the educational needs of disadvantaged children, in 2 compliance with the requirements of this paragraph, to 3 the State Board of Education prior to July 15 of each 4 year. This plan shall be consistent with the decisions of 5 local school councils concerning the school expenditure 6 plans developed in accordance with part 4 of Section 7 34-2.3. The State Board shall approve or reject the plan 8 within 60 days after its submission. If the plan is 9 rejected, the district shall give written notice of 10 intent to modify the plan within 15 days of the 11 notification of rejection and then submit a modified plan 12 within 30 days after the date of the written notice of 13 intent to modify. Districts may amend approved plans 14 pursuant to rules promulgated by the State Board of 15 Education. 16 Upon notification by the State Board of Education 17 that the district has not submitted a plan prior to July 18 15 or a modified plan within the time period specified 19 herein, the State aid funds affected by that plan or 20 modified plan shall be withheld by the State Board of 21 Education until a plan or modified plan is submitted. 22 If the district fails to distribute State aid to 23 attendance centers in accordance with an approved plan, 24 the plan for the following year shall allocate funds, in 25 addition to the funds otherwise required by this 26 subsection, to those attendance centers which were 27 underfunded during the previous year in amounts equal to 28 such underfunding. 29 For purposes of determining compliance with this 30 subsection in relation to the requirements of attendance 31 center funding, each district subject to the provisions 32 of this subsection shall submit as a separate document by 33 December 1 of each year a report of expenditure data for 34 the prior year in addition to any modification of its -16- LRB9009766THbd 1 current plan. If it is determined that there has been a 2 failure to comply with the expenditure provisions of this 3 subsection regarding contravention or supplanting, the 4 State Superintendent of Education shall, within 60 days 5 of receipt of the report, notify the district and any 6 affected local school council. The district shall within 7 45 days of receipt of that notification inform the State 8 Superintendent of Education of the remedial or corrective 9 action to be taken, whether by amendment of the current 10 plan, if feasible, or by adjustment in the plan for the 11 following year. Failure to provide the expenditure 12 report or the notification of remedial or corrective 13 action in a timely manner shall result in a withholding 14 of the affected funds. 15 The State Board of Education shall promulgate rules 16 and regulations to implement the provisions of this 17 subsection. No funds shall be released under this 18 subdivision (H)(4) to any district that has not submitted 19 a plan that has been approved by the State Board of 20 Education. 21 (I) General State Aid for Newly Configured School Districts. 22 (1) For a new school district formed by combining 23 property included totally within 2 or more previously 24 existing school districts, for its first year of existence 25 the general State aid and supplemental general State aid 26 calculated under this Section shall be computed for the new 27 district and for the previously existing districts for which 28 property is totally included within the new district. If the 29 computation on the basis of the previously existing districts 30 is greater, a supplementary payment equal to the difference 31 shall be made for the first 4 years of existence of the new 32 district. 33 (2) For a school district which annexes all of the 34 territory of one or more entire other school districts, for -17- LRB9009766THbd 1 the first year during which the change of boundaries 2 attributable to such annexation becomes effective for all 3 purposes as determined under Section 7-9 or 7A-8, the general 4 State aid and supplemental general State aid calculated under 5 this Section shall be computed for the annexing district as 6 constituted after the annexation and for the annexing and 7 each annexed district as constituted prior to the annexation; 8 and if the computation on the basis of the annexing and 9 annexed districts as constituted prior to the annexation is 10 greater, a supplementary payment equal to the difference 11 shall be made for the first 4 years of existence of the 12 annexing school district as constituted upon such annexation. 13 (3) For 2 or more school districts which annex all of 14 the territory of one or more entire other school districts, 15 and for 2 or more community unit districts which result upon 16 the division (pursuant to petition under Section 11A-2) of 17 one or more other unit school districts into 2 or more parts 18 and which together include all of the parts into which such 19 other unit school district or districts are so divided, for 20 the first year during which the change of boundaries 21 attributable to such annexation or division becomes effective 22 for all purposes as determined under Section 7-9 or 11A-10, 23 as the case may be, the general State aid and supplemental 24 general State aid calculated under this Section shall be 25 computed for each annexing or resulting district as 26 constituted after the annexation or division and for each 27 annexing and annexed district, or for each resulting and 28 divided district, as constituted prior to the annexation or 29 division; and if the aggregate of the general State aid and 30 supplemental general State aid as so computed for the 31 annexing or resulting districts as constituted after the 32 annexation or division is less than the aggregate of the 33 general State aid and supplemental general State aid as so 34 computed for the annexing and annexed districts, or for the -18- LRB9009766THbd 1 resulting and divided districts, as constituted prior to the 2 annexation or division, then a supplementary payment equal to 3 the difference shall be made and allocated between or among 4 the annexing or resulting districts, as constituted upon such 5 annexation or division, for the first 4 years of their 6 existence. The total difference payment shall be allocated 7 between or among the annexing or resulting districts in the 8 same ratio as the pupil enrollment from that portion of the 9 annexed or divided district or districts which is annexed to 10 or included in each such annexing or resulting district bears 11 to the total pupil enrollment from the entire annexed or 12 divided district or districts, as such pupil enrollment is 13 determined for the school year last ending prior to the date 14 when the change of boundaries attributable to the annexation 15 or division becomes effective for all purposes. The amount 16 of the total difference payment and the amount thereof to be 17 allocated to the annexing or resulting districts shall be 18 computed by the State Board of Education on the basis of 19 pupil enrollment and other data which shall be certified to 20 the State Board of Education, on forms which it shall provide 21 for that purpose, by the regional superintendent of schools 22 for each educational service region in which the annexing and 23 annexed districts, or resulting and divided districts are 24 located. 25 (4) Any supplementary payment made under this subsection 26 (I) shall be treated as separate from all other payments made 27 pursuant to this Section. 28 (J) Supplementary Grants in Aid. 29 (1) Notwithstanding any other provisions of this 30 Section, the amount of the aggregate general State aid in 31 combination with supplemental general State aid under this 32 Section for which each school district is eligible for the 33 1998-1999 school year shall be no less than the amount of the 34 aggregate general State aid entitlement that was received by -19- LRB9009766THbd 1 the district under Section 18-8 (exclusive of amounts 2 received under subsections 5(p) and 5(p-5) of that Section) 3 for the 1997-98 school year, pursuant to the provisions of 4 that Section as it was then in effect. If a school district 5 qualifies to receive a supplementary payment made under this 6 subsection (J) for the 1998-1999 school year, the amount of 7 the aggregate general State aid in combination with 8 supplemental general State aid under this Section which that 9 district is eligible to receive for each school year 10 subsequent to the 1998-1999 school year shall be no less than 11 the amount of the aggregate general State aid entitlement 12 that was received by the district under Section 18-8 13 (exclusive of amounts received under subsections 5(p) and 14 5(p-5) of that Section) for the 1997-1998 school year, 15 pursuant to the provisions of that Section as it was then in 16 effect. 17 (2) If, as provided in paragraph (1) of this subsection 18 (J), a school district is to receive aggregate general State 19 aid in combination with supplemental general State aid under 20 this Section for the 1998-99 school year, or for the 1998-99 21 school year and any subsequent school year, that in any such 22 school year is less than the amount of the aggregate general 23 State aid entitlement that the district received for the 24 1997-98 school year, the school district shall also receive, 25 from a separate appropriation made for purposes of this 26 subsection (J), a supplementary payment that is equal to the 27 amount of the difference in the aggregate State aid figures 28 as described in paragraph (1). 29 (3) If the amount appropriated for supplementary 30 payments to school districts under this subsection (J) is 31 insufficient for that purpose, the supplementary payments 32 that districts are to receive under this subsection shall be 33 prorated according to the aggregate amount of the 34 appropriation made for purposes of this subsection. -20- LRB9009766THbd 1 (K) Grants to Laboratory and Alternative Schools. 2 In calculating the amount to be paid to the governing 3 board of a public university that operates a laboratory 4 school under this Section or to any alternative school that 5 is operated by a regional superintendent, the State Board of 6 Education shall require by rule such reporting requirements 7 as it deems necessary. 8 As used in this Section, "laboratory school" means a 9 public school which is created and operated by a public 10 university and approved by the State Board of Education. The 11 governing board of a public university which receives funds 12 from the State Board under this subsection (K) may not 13 increase the number of students enrolled in its laboratory 14 school from a single district, if that district is already 15 sending 50 or more students, except under a mutual agreement 16 between the school board of a student's district of residence 17 and the university which operates the laboratory school. A 18 laboratory school may not have more than 1,000 students, 19 excluding students with disabilities in a special education 20 program. 21 As used in this Section, "alternative school" means a 22 public school which is created and operated by a Regional 23 Superintendent of Schools and approved by the State Board of 24 Education. Such alternative schools may offer courses of 25 instruction for which credit is given in regular school 26 programs, courses to prepare students for the high school 27 equivalency testing program or vocational and occupational 28 training. A regional superintendent may contract with a 29 school district or a public community college district to 30 operate an alternative school. An alternative school serving 31 more than one educational service region may be operated 32 under such terms as the regional superintendents of those 33 regions may agree. 34 Each laboratory and alternative school shall file, on -21- LRB9009766THbd 1 forms provided by the State Superintendent of Education, an 2 annual State aid claim which states the Average Daily 3 Attendance of the school's students by month. The best 3 4 months' Average Daily Attendance shall be computed for each 5 school. The general State aid entitlement shall be computed 6 by multiplying the applicable Average Daily Attendance by the 7 Foundation Level as determined under this Section. 8 (L) Payments, Additional Grants in Aid and Other 9 Requirements. 10 (1) For a school district operating under the financial 11 supervision of an Authority created under Article 34A, the 12 general State aid otherwise payable to that district under 13 this Section, but not the supplemental general State aid, 14 shall be reduced by an amount equal to the budget for the 15 operations of the Authority as certified by the Authority to 16 the State Board of Education, and an amount equal to such 17 reduction shall be paid to the Authority created for such 18 district for its operating expenses in the manner provided in 19 Section 18-11. The remainder of general State school aid for 20 any such district shall be paid in accordance with Article 21 34A when that Article provides for a disposition other than 22 that provided by this Article. 23 (2) Impaction. Impaction payments shall be made as 24 provided for in Section 18-4.2. 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 -22- LRB9009766THbd 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 -23- LRB9009766THbd 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) General State Aid Adjustment Grant. 24 (1) Any school district subject to property tax 25 extension limitations as imposed under the provisions of the 26 Property Tax Extension Limitation Law shall be entitled to 27 receive, subject to the qualifications and requirements of 28 this subsection, a general State aid adjustment grant. 29 Eligibility for this grant shall be determined on an annual 30 basis and claims for grant payments shall be paid subject to 31 appropriations made specific to this subsection. For 32 purposes of this subsection the following terms shall have 33 the following meanings: 34 "Budget Year": The school year for which general State -24- LRB9009766THbd 1 aid is calculated and awarded under subsection (E). 2 "Current Year": The school year immediately preceding 3 the Budget Year. 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 "Extension Limitation Ratio": A numerical ratio, 9 certified by a school district's County Clerk, in which the 10 numerator is the Base Tax Year's tax extension amount 11 resulting from the Operating Tax Rate and the denominator is 12 the Preceding Tax Year's tax extension amount resulting from 13 the Operating Tax Rate. 14 "Operating Tax Rate": The operating tax rate as defined 15 in subsection (A). 16 (2) To qualify for a general State aid adjustment grant, 17 a school district must meet all of the following eligibility 18 criteria for each Budget Year for which a grant is claimed: 19 (a) The Operating Tax Rate of the school district 20 in the Preceding Tax Year was at least 3.00% in the case 21 of a school district maintaining grades kindergarten 22 through 12, at least 2.30% in the case of a school 23 district maintaining grades kindergarten through 8, or at 24 least 1.41% in the case of a school district maintaining 25 grades 9 through 12. 26 (b) The Operating Tax Rate of the school district 27 for the Base Tax Year was reduced by the Clerk of the 28 County as a result of the requirements of the Property 29 Tax Extension Limitation Law. 30 (c) The Available Local Resources per pupil of the 31 school district as calculated pursuant to subsection (D) 32 using the Base Tax Year are less than the product of 1.75 33 times the Foundation Level for the Budget Year. 34 (d) The school district has filed a proper and -25- LRB9009766THbd 1 timely claim for a general State aid adjustment grant as 2 required under this subsection. 3 (3) A claim for grant assistance under this subsection 4 shall be filed with the State Board of Education on or before 5 January 1 of the Current Year for a grant for the Budget 6 Year. The claim shall be made on forms prescribed by the 7 State Board of Education and must be accompanied by a written 8 statement from the Clerk of the County, certifying: 9 (a) That the school district has its extension for 10 the Base Tax Year reduced as a result of the Property Tax 11 Extension Limitation Law. 12 (b) That the Operating Tax Rate of the school 13 district for the Preceding Tax Year met the tax rate 14 requirements of subdivision (N)(2) of this Section. 15 (c) The Extension Limitation Ratio as that term is 16 defined in this subsection. 17 (4) On or before August 1 of the Budget Year the State 18 Board of Education shall calculate, for all school districts 19 meeting the other requirements of this subsection, the amount 20 of the general State aid adjustment grant, if any, that the 21 school districts are eligible to receive in the Budget Year. 22 The amount of the general State aid adjustment grant shall be 23 calculated as follows: 24 (a) Determine the school district's general State 25 aid grant for the Budget Year as provided in accordance 26 with the provisions of subsection (E). 27 (b) Determine the school district's adjusted level 28 of general State aid by utilizing in the calculation of 29 Available Local Resources an equalized assessed valuation 30 that is the equalized assessed valuation of the Preceding 31 Tax Year multiplied by the Extension Limitation Ratio. 32 (c) Subtract the sum derived in subparagraph (a) 33 from the sum derived in subparagraph (b). If the result 34 is a positive number, that amount shall be the general -26- LRB9009766THbd 1 State aid adjustment grant that the district is eligible 2 to receive. 3 (5) The State Board of Education shall in the Current 4 Year, based upon claims filed in the Current Year, recommend 5 to the General Assembly an appropriation amount for the 6 general State aid adjustment grants to be made in the Budget 7 Year. 8 (6) Claims for general State aid adjustment grants shall 9 be paid in a lump sum on or before January 1 of the Budget 10 Year only from appropriations made by the General Assembly 11 expressly for claims under this subsection. No such claims 12 may be paid from amounts appropriated for any other purpose 13 provided for under this Section. In the event that the 14 appropriation for claims under this subsection is 15 insufficient to meet all Budget Year claims for a general 16 State aid adjustment grant, the appropriation available shall 17 be proportionately prorated by the State Board of Education 18 amongst all districts filing for and entitled to payments. 19 (7) The State Board of Education shall promulgate the 20 required claim forms and rules necessary to implement the 21 provisions of this subsection. 22 (O) References. 23 (1) References in other laws to the various subdivisions 24 of Section 18-8 as that Section existed before its repeal and 25 replacement by this Section 18-8.05 shall be deemed to refer 26 to the corresponding provisions of this Section 18-8.05, to 27 the extent that those references remain applicable. 28 (2) References in other laws to State Chapter 1 funds 29 shall be deemed to refer to the supplemental general State 30 aid provided under subsection (H) of this Section. 31 (Source: P.A. 90-548, eff. 7-1-98.) 32 Section 99. Effective date. This Act takes effect on 33 July 1, 1998.
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