State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]



91_HB3436

 
                                               LRB9111566NTks

 1        AN ACT to amend  the  School  Code  by  changing  Section
 2    18-8.05.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The  School  Code  is  amended  by  changing
 6    Section 18-8.05 as follows:

 7        (105 ILCS 5/18-8.05)
 8        Sec. 18-8.05.  Basis for apportionment of  general  State
 9    financial  aid  and  supplemental  general  State  aid to the
10    common schools for the 1998-1999 and subsequent school years.

11    (A)  General Provisions.
12        (1)  The  provisions  of  this  Section  apply   to   the
13    1998-1999 and subsequent school years.  The system of general
14    State  financial aid provided for in this Section is designed
15    to assure that, through a combination of State financial  aid
16    and  required local resources, the financial support provided
17    each pupil in Average Daily Attendance equals  or  exceeds  a
18    prescribed per pupil Foundation Level.  This formula approach
19    imputes  a  level  of per pupil Available Local Resources and
20    provides for the basis to calculate  a  per  pupil  level  of
21    general  State  financial  aid  that, when added to Available
22    Local Resources, equals or exceeds the Foundation Level.  The
23    amount of per pupil general State financial  aid  for  school
24    districts,   in   general,  varies  in  inverse  relation  to
25    Available Local Resources.  Per pupil amounts are based  upon
26    each  school district's Average Daily Attendance as that term
27    is defined in this Section.
28        (2)  In addition to general State financial  aid,  school
29    districts  with  specified levels or concentrations of pupils
30    from  low  income  households   are   eligible   to   receive
31    supplemental  general  State financial aid grants as provided
 
                            -2-                LRB9111566NTks
 1    pursuant to subsection (H). The supplemental State aid grants
 2    provided for school districts under subsection (H)  shall  be
 3    appropriated  for distribution to school districts as part of
 4    the same line item in which the general State  financial  aid
 5    of school districts is appropriated under this Section.
 6        (3)  To  receive financial assistance under this Section,
 7    school districts are required to file claims with  the  State
 8    Board of Education, subject to the following requirements:
 9             (a)  Any  school  district which fails for any given
10        school year to maintain school as required by law, or  to
11        maintain  a recognized school is not eligible to file for
12        such school year any claim upon the Common  School  Fund.
13        In  case  of  nonrecognition  of  one  or more attendance
14        centers  in  a  school   district   otherwise   operating
15        recognized  schools,  the  claim of the district shall be
16        reduced  in  the  proportion  which  the  Average   Daily
17        Attendance  in  the  attendance center or centers bear to
18        the Average Daily Attendance in the school  district.   A
19        "recognized  school"  means any public school which meets
20        the standards as established for recognition by the State
21        Board of Education.   A  school  district  or  attendance
22        center  not  having  recognition  status  at the end of a
23        school term is entitled to receive State aid payments due
24        upon  a  legal  claim  which  was  filed  while  it   was
25        recognized.
26             (b)  School district claims filed under this Section
27        are subject to Sections 18-9, 18-10, and 18-12, except as
28        otherwise provided in this Section.
29             (c)  If  a  school  district  operates  a  full year
30        school under Section 10-19.1, the general  State  aid  to
31        the  school  district  shall  be  determined by the State
32        Board of Education in accordance  with  this  Section  as
33        near as may be applicable.
34             (d) (Blank).
 
                            -3-                LRB9111566NTks
 1        (4)  Except  as  provided in subsections (H) and (L), the
 2    board of any district receiving any of  the  grants  provided
 3    for  in  this  Section  may  apply those funds to any fund so
 4    received  for  which  that  board  is  authorized   to   make
 5    expenditures by law.
 6        School  districts  are  not  required  to exert a minimum
 7    Operating Tax Rate in order to qualify for  assistance  under
 8    this Section.
 9        (5)  As  used  in  this Section the following terms, when
10    capitalized, shall have the meaning ascribed herein:
11             (a)  "Average Daily Attendance":  A count  of  pupil
12        attendance   in  school,  averaged  as  provided  for  in
13        subsection  (C)  and  utilized  in  deriving  per   pupil
14        financial support levels.
15             (b)  "Available  Local Resources":  A computation of
16        local financial  support,  calculated  on  the  basis  of
17        Average Daily Attendance and derived as provided pursuant
18        to subsection (D).
19             (c)  "Corporate    Personal   Property   Replacement
20        Taxes":  Funds paid to local school districts pursuant to
21        "An Act in  relation  to  the  abolition  of  ad  valorem
22        personal  property  tax  and  the replacement of revenues
23        lost thereby, and amending and repealing certain Acts and
24        parts of Acts in connection therewith", certified  August
25        14, 1979, as amended (Public Act 81-1st S.S.-1).
26             (d)  "Foundation  Level":  A prescribed level of per
27        pupil financial support as  provided  for  in  subsection
28        (B).
29             (e)  "Operating  Tax  Rate":   All  school  district
30        property taxes extended for all purposes, except Bond and
31        Interest,  Summer  School, Rent, Capital Improvement, and
32        Vocational Education Building purposes.

33    (B)  Foundation Level.
34        (1)  The Foundation Level is a figure established by  the
 
                            -4-                LRB9111566NTks
 1    State  representing  the minimum level of per pupil financial
 2    support that should be available to  provide  for  the  basic
 3    education  of each pupil in Average Daily Attendance.  As set
 4    forth in this Section, each school  district  is  assumed  to
 5    exert   a  sufficient  local  taxing  effort  such  that,  in
 6    combination with the aggregate of general State financial aid
 7    provided the  district,  an  aggregate  of  State  and  local
 8    resources  are available to meet the basic education needs of
 9    pupils in the district.
10        (2)  For the 1998-1999 school year, the Foundation  Level
11    of  support  is  $4,225.   For the 1999-2000 school year, the
12    Foundation Level of support is  $4,325.   For  the  2000-2001
13    school year, the Foundation Level of support is $4,425.
14        (3)  For  the  2001-2002 school year and each school year
15    thereafter, the Foundation Level of support is $4,425 or such
16    greater amount as may be established by law  by  the  General
17    Assembly.

18    (C)  Average Daily Attendance.
19        (1)  For   purposes  of  calculating  general  State  aid
20    pursuant to  subsection  (E),  an  Average  Daily  Attendance
21    figure  shall  be  utilized.   The  Average  Daily Attendance
22    figure for formula calculation purposes shall be the  monthly
23    average  of the actual number of pupils in attendance of each
24    school district, as further averaged for the best 3 months of
25    pupil attendance for each school district.  In compiling  the
26    figures  for  the  number  of  pupils  in  attendance, school
27    districts  and  the  State  Board  of  Education  shall,  for
28    purposes of general State  aid  funding,  conform  attendance
29    figures to the requirements of subsection (F).
30        (2)  The  Average  Daily  Attendance  figures utilized in
31    subsection (E) shall be the requisite attendance data for the
32    school year immediately preceding the school year  for  which
33    general State aid is being calculated.
 
                            -5-                LRB9111566NTks
 1    (D)  Available Local Resources.
 2        (1)  For   purposes  of  calculating  general  State  aid
 3    pursuant to subsection (E),  a  representation  of  Available
 4    Local  Resources  per  pupil,  as  that  term  is defined and
 5    determined in this subsection, shall be utilized.   Available
 6    Local  Resources  per pupil shall include a calculated dollar
 7    amount representing local school district revenues from local
 8    property  taxes  and   from   Corporate   Personal   Property
 9    Replacement  Taxes,  expressed  on  the  basis  of  pupils in
10    Average Daily Attendance.
11        (2)  In determining  a  school  district's  revenue  from
12    local  property  taxes,  the  State  Board of Education shall
13    utilize the  equalized  assessed  valuation  of  all  taxable
14    property  of  each  school district as of September 30 of the
15    previous year.  The  equalized  assessed  valuation  utilized
16    shall  be  obtained  and determined as provided in subsection
17    (G).
18        (3)  For school districts maintaining grades kindergarten
19    through 12, local property tax revenues per  pupil  shall  be
20    calculated   as  the  product  of  the  applicable  equalized
21    assessed valuation  for  the  district  multiplied  by  2.75%
22    3.00%, and divided by the district's Average Daily Attendance
23    figure.  For school districts maintaining grades kindergarten
24    through  8,  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 2.25%
27    2.30%, and divided by the district's Average Daily Attendance
28    figure.  For school districts maintaining  grades  9  through
29    12,  local  property  tax  revenues  per  pupil  shall be the
30    applicable  equalized  assessed  valuation  of  the  district
31    multiplied by 1.05%, and divided by  the  district's  Average
32    Daily Attendance figure.
33        (4)  The  Corporate  Personal  Property Replacement Taxes
34    paid to each school district during the calendar year 2 years
 
                            -6-                LRB9111566NTks
 1    before the calendar year  in  which  a  school  year  begins,
 2    divided  by  the  Average  Daily  Attendance  figure for that
 3    district, shall be added to the local property  tax  revenues
 4    per  pupil  as  derived by the application of the immediately
 5    preceding paragraph (3).  The sum of these per pupil  figures
 6    for  each  school  district  shall constitute Available Local
 7    Resources as that term is utilized in subsection (E)  in  the
 8    calculation of general State aid.

 9    (E)  Computation of General State Aid.
10        (1)  For  each  school  year, the amount of general State
11    aid allotted to a school district shall be  computed  by  the
12    State Board of Education as provided in this subsection.
13        (2)  For  any  school  district for which Available Local
14    Resources per pupil is less than the product  of  0.93  times
15    the  Foundation  Level,  general  State aid for that district
16    shall be calculated as an  amount  equal  to  the  Foundation
17    Level  minus  Available  Local  Resources,  multiplied by the
18    Average Daily Attendance of the school district.
19        (3)  For any school district for  which  Available  Local
20    Resources  per  pupil is equal to or greater than the product
21    of 0.93 times the Foundation Level and less than the  product
22    of 1.75 times the Foundation Level, the general State aid per
23    pupil  shall  be a decimal proportion of the Foundation Level
24    derived  using  a  linear  algorithm.   Under   this   linear
25    algorithm,  the  calculated general State aid per pupil shall
26    decline  in  direct  linear  fashion  from  0.07  times   the
27    Foundation  Level  for a school district with Available Local
28    Resources equal to the product of 0.93 times  the  Foundation
29    Level,  to  0.05  times  the  Foundation  Level  for a school
30    district with Available Local Resources equal to the  product
31    of  1.75  times  the  Foundation  Level.   The  allocation of
32    general State  aid  for  school  districts  subject  to  this
33    paragraph  3  shall  be  the calculated general State aid per
34    pupil figure multiplied by the Average  Daily  Attendance  of
 
                            -7-                LRB9111566NTks
 1    the school district.
 2        (4)  For  any  school  district for which Available Local
 3    Resources per pupil equals or exceeds  the  product  of  1.75
 4    times  the  Foundation  Level,  the general State aid for the
 5    school district shall be calculated as the  product  of  $218
 6    multiplied  by  the  Average  Daily  Attendance of the school
 7    district.
 8        (5)  The amount of  general  State  aid  allocated  to  a
 9    school  district  for  the  1999-2000 school year meeting the
10    requirements set forth in paragraph  (4)  of  subsection  (G)
11    shall  be  increased  by an amount equal to the general State
12    aid that would have been received by  the  district  for  the
13    1998-1999  school  year by utilizing the Extension Limitation
14    Equalized Assessed Valuation as calculated in  paragraph  (4)
15    of subsection (G) less the general State aid allotted for the
16    1998-1999  school  year.   This  amount shall be deemed a one
17    time increase, and shall not affect any future general  State
18    aid allocations.

19    (F)  Compilation of Average Daily Attendance.
20        (1)  Each  school district shall, by July 1 of each year,
21    submit to the State Board of Education, on  forms  prescribed
22    by  the  State Board of Education, attendance figures for the
23    school year that began in the preceding calendar  year.   The
24    attendance  information  so  transmitted  shall  identify the
25    average daily attendance figures for each month of the school
26    year, except that any days of attendance in August  shall  be
27    added to the month of September and any days of attendance in
28    June shall be added to the month of May.
29        Except  as  otherwise  provided  in this Section, days of
30    attendance by pupils shall be counted only  for  sessions  of
31    not  less  than  5  clock  hours of school work per day under
32    direct supervision of: (i)  teachers,  or  (ii)  non-teaching
33    personnel   or   volunteer   personnel   when   engaging   in
34    non-teaching   duties  and  supervising  in  those  instances
 
                            -8-                LRB9111566NTks
 1    specified in subsection (a) of Section 10-22.34 and paragraph
 2    10 of Section 34-18, with pupils of legal school age  and  in
 3    kindergarten and grades 1 through 12.
 4        Days  of attendance by tuition pupils shall be accredited
 5    only to the districts that pay the tuition  to  a  recognized
 6    school.
 7        (2)  Days  of  attendance  by pupils of less than 5 clock
 8    hours of school shall be subject to the following  provisions
 9    in the compilation of Average Daily Attendance.
10             (a)  Pupils  regularly  enrolled  in a public school
11        for only a part of the school day may be counted  on  the
12        basis  of  1/6 day for every class hour of instruction of
13        40 minutes or more attended pursuant to such enrollment.
14             (b)  Days of attendance may be  less  than  5  clock
15        hours  on the opening and closing of the school term, and
16        upon the first day of pupil attendance, if preceded by  a
17        day  or  days  utilized  as  an  institute  or  teachers'
18        workshop.
19             (c)  A  session  of  4  or  more  clock hours may be
20        counted as a day of attendance upon certification by  the
21        regional   superintendent,  and  approved  by  the  State
22        Superintendent  of  Education  to  the  extent  that  the
23        district has been forced to use daily multiple sessions.
24             (d)  A session of 3  or  more  clock  hours  may  be
25        counted  as a day of attendance (1) when the remainder of
26        the school day or at least 2 hours in the evening of that
27        day is utilized for an in-service  training  program  for
28        teachers,  up  to  a maximum of 5 days per school year of
29        which a maximum of 4 days of such 5 days may be used  for
30        parent-teacher  conferences, provided a district conducts
31        an in-service training program  for  teachers  which  has
32        been  approved  by the State Superintendent of Education;
33        or, in lieu of 4 such days, 2 full days may be  used,  in
34        which  event  each  such  day  may be counted as a day of
 
                            -9-                LRB9111566NTks
 1        attendance; and  (2)  when  days  in  addition  to  those
 2        provided  in  item (1) are scheduled by a school pursuant
 3        to its school improvement plan adopted under  Article  34
 4        or its revised or amended school improvement plan adopted
 5        under  Article 2, provided that (i) such sessions of 3 or
 6        more clock  hours  are  scheduled  to  occur  at  regular
 7        intervals, (ii) the remainder of the school days in which
 8        such  sessions occur are utilized for in-service training
 9        programs  or  other  staff  development  activities   for
10        teachers,  and  (iii)  a  sufficient number of minutes of
11        school work under the direct supervision of teachers  are
12        added to the school days between such regularly scheduled
13        sessions  to  accumulate  not  less  than  the  number of
14        minutes by which such sessions of 3 or more  clock  hours
15        fall  short  of 5 clock hours. Any full days used for the
16        purposes of this paragraph shall not  be  considered  for
17        computing  average  daily attendance.  Days scheduled for
18        in-service   training   programs,    staff    development
19        activities,   or   parent-teacher   conferences   may  be
20        scheduled  separately  for  different  grade  levels  and
21        different attendance centers of the district.
22             (e)  A session of not less than one  clock  hour  of
23        teaching  hospitalized  or homebound pupils on-site or by
24        telephone to the classroom may be counted as 1/2  day  of
25        attendance,  however  these pupils must receive 4 or more
26        clock hours of instruction to be counted for a  full  day
27        of attendance.
28             (f)  A  session  of  at  least  4 clock hours may be
29        counted as a day of attendance for  first  grade  pupils,
30        and  pupils in full day kindergartens, and a session of 2
31        or more hours may be counted as 1/2 day of attendance  by
32        pupils  in  kindergartens  which  provide only 1/2 day of
33        attendance.
34             (g)  For children with disabilities  who  are  below
 
                            -10-               LRB9111566NTks
 1        the  age of 6 years and who cannot attend 2 or more clock
 2        hours  because  of  their  disability  or  immaturity,  a
 3        session of not less than one clock hour may be counted as
 4        1/2 day of attendance; however for  such  children  whose
 5        educational needs so require a session of 4 or more clock
 6        hours may be counted as a full day of attendance.
 7             (h)  A  recognized  kindergarten  which provides for
 8        only 1/2 day of attendance by each pupil shall  not  have
 9        more  than  1/2 day of attendance counted in any one day.
10        However, kindergartens may count 2 1/2 days of attendance
11        in any 5 consecutive school days.  When a  pupil  attends
12        such  a  kindergarten  for  2 half days on any one school
13        day, the pupil shall have the  following  day  as  a  day
14        absent  from  school,  unless the school district obtains
15        permission in writing from the  State  Superintendent  of
16        Education.  Attendance at kindergartens which provide for
17        a  full  day of attendance by each pupil shall be counted
18        the same as attendance by first grade pupils.   Only  the
19        first  year  of  attendance  in one kindergarten shall be
20        counted, except in  case  of  children  who  entered  the
21        kindergarten   in  their  fifth  year  whose  educational
22        development requires a second  year  of  kindergarten  as
23        determined  under  the rules and regulations of the State
24        Board of Education.

25    (G)  Equalized Assessed Valuation Data.
26        (1)  For purposes of the calculation of  Available  Local
27    Resources  required  pursuant  to  subsection  (D), the State
28    Board of  Education  shall  secure  from  the  Department  of
29    Revenue  the value as equalized or assessed by the Department
30    of Revenue of all taxable property of every school  district,
31    together  with  (i) the applicable tax rate used in extending
32    taxes for the funds of the district as of September 30 of the
33    previous year and (ii)  the  limiting  rate  for  all  school
34    districts  subject  to  property tax extension limitations as
 
                            -11-               LRB9111566NTks
 1    imposed under the Property Tax Extension Limitation Law.
 2        This equalized assessed valuation, as adjusted further by
 3    the requirements of this subsection, shall be utilized in the
 4    calculation of Available Local Resources.
 5        (2)  The equalized assessed valuation  in  paragraph  (1)
 6    shall be adjusted, as applicable, in the following manner:
 7             (a)  For the purposes of calculating State aid under
 8        this  Section,  with  respect  to  any  part  of a school
 9        district within a redevelopment project area  in  respect
10        to   which  a  municipality  has  adopted  tax  increment
11        allocation  financing  pursuant  to  the  Tax   Increment
12        Allocation  Redevelopment Act, Sections 11-74.4-1 through
13        11-74.4-11  of  the  Illinois  Municipal  Code   or   the
14        Industrial  Jobs Recovery Law, Sections 11-74.6-1 through
15        11-74.6-50 of the Illinois Municipal Code, no part of the
16        current equalized assessed  valuation  of  real  property
17        located in any such project area which is attributable to
18        an  increase  above  the total initial equalized assessed
19        valuation of such property shall be used as part  of  the
20        equalized  assessed valuation of the district, until such
21        time as all redevelopment project costs have  been  paid,
22        as  provided  in  Section  11-74.4-8 of the Tax Increment
23        Allocation Redevelopment Act or in Section 11-74.6-35  of
24        the Industrial Jobs Recovery Law.  For the purpose of the
25        equalized  assessed  valuation of the district, the total
26        initial  equalized  assessed  valuation  or  the  current
27        equalized assessed valuation, whichever is  lower,  shall
28        be  used  until  such  time  as all redevelopment project
29        costs have been paid.
30             (b)  The real property equalized assessed  valuation
31        for  a  school  district shall be adjusted by subtracting
32        from the real property value as equalized or assessed  by
33        the  Department  of  Revenue  for  the district an amount
34        computed by dividing the amount of any abatement of taxes
 
                            -12-               LRB9111566NTks
 1        under Section 18-170 of the Property Tax  Code  by  2.75%
 2        3.00%  for  a  district  maintaining  grades kindergarten
 3        through 12, by 2.25% 2.30%  for  a  district  maintaining
 4        grades kindergarten through 8, or by 1.05% for a district
 5        maintaining grades 9 through 12 and adjusted by an amount
 6        computed by dividing the amount of any abatement of taxes
 7        under  subsection  (a)  of Section 18-165 of the Property
 8        Tax Code by the same percentage rates for  district  type
 9        as specified in this subparagraph (b).
10        (3)  For  the  1999-2000 school year and each school year
11    thereafter, if a school district meets all of the criteria of
12    this subsection (G)(3), the school district's Available Local
13    Resources shall be calculated under subsection (D) using  the
14    district's  Extension Limitation Equalized Assessed Valuation
15    as calculated under this subsection (G)(3).
16        For purposes of  this  subsection  (G)(3)  the  following
17    terms shall have the following meanings:
18             "Budget  Year":   The  school year for which general
19        State aid is calculated and awarded under subsection (E).
20             "Base Tax Year": The property tax levy year used  to
21        calculate  the  Budget  Year  allocation of general State
22        aid.
23             "Preceding Tax Year": The  property  tax  levy  year
24        immediately preceding the Base Tax Year.
25             "Base  Tax Year's Tax Extension": The product of the
26        equalized assessed valuation utilized by the County Clerk
27        in the Base Tax Year multiplied by the limiting  rate  as
28        calculated  by  the  County  Clerk  and  defined  in  the
29        Property Tax Extension Limitation Law.
30             "Preceding Tax Year's Tax Extension": The product of
31        the  equalized  assessed valuation utilized by the County
32        Clerk  in  the  Preceding  Tax  Year  multiplied  by  the
33        Operating Tax Rate as defined in subsection (A).
34             "Extension Limitation  Ratio":  A  numerical  ratio,
 
                            -13-               LRB9111566NTks
 1        certified  by the County Clerk, in which the numerator is
 2        the Base Tax Year's Tax Extension and the denominator  is
 3        the Preceding Tax Year's Tax Extension.
 4             "Operating  Tax  Rate":  The  operating  tax rate as
 5        defined in subsection (A).
 6        If a school district is subject to property tax extension
 7    limitations as  imposed  under  the  Property  Tax  Extension
 8    Limitation  Law, and if the Available Local Resources of that
 9    school district as  calculated  pursuant  to  subsection  (D)
10    using  the  Base  Tax  Year are less than the product of 1.75
11    times the Foundation Level for the  Budget  Year,  the  State
12    Board  of  Education shall calculate the Extension Limitation
13    Equalized Assessed  Valuation  of  that  district.   For  the
14    1999-2000  school  year,  the  Extension Limitation Equalized
15    Assessed Valuation of a school district as calculated by  the
16    State Board of Education shall be equal to the product of the
17    district's   1996   Equalized   Assessed  Valuation  and  the
18    district's Extension Limitation  Ratio.   For  the  2000-2001
19    school  year  and  each school year thereafter, the Extension
20    Limitation Equalized Assessed Valuation of a school  district
21    as  calculated by the State Board of Education shall be equal
22    to the product of the last  calculated  Extension  Limitation
23    Equalized  Assessed  Valuation  and  the district's Extension
24    Limitation  Ratio.  If  the  Extension  Limitation  Equalized
25    Assessed Valuation of a school district as  calculated  under
26    this  subsection (G)(3) is less than the district's equalized
27    assessed valuation  as  calculated  pursuant  to  subsections
28    (G)(1)  and  (G)(2),  then  for  purposes  of calculating the
29    district's general State aid for the Budget Year pursuant  to
30    subsection  (E), that Extension Limitation Equalized Assessed
31    Valuation shall  be  utilized  to  calculate  the  district's
32    Available Local Resources under subsection (D).
33        (4)  For  the  purposes  of calculating general State aid
34    for the 1999-2000 school year  only,  if  a  school  district
 
                            -14-               LRB9111566NTks
 1    experienced   a   triennial  reassessment  on  the  equalized
 2    assessed valuation used  in  calculating  its  general  State
 3    financial  aid  apportionment  for the 1998-1999 school year,
 4    the State Board of Education shall  calculate  the  Extension
 5    Limitation  Equalized Assessed Valuation that would have been
 6    used to calculate the district's 1998-1999 general State aid.
 7    This amount shall equal the product of the equalized assessed
 8    valuation  used  to  calculate  general  State  aid  for  the
 9    1997-1998 school year and the district's Extension Limitation
10    Ratio.   If  the  Extension  Limitation  Equalized   Assessed
11    Valuation  of  the  school  district as calculated under this
12    paragraph (4) is less than the district's equalized  assessed
13    valuation  utilized  in  calculating the district's 1998-1999
14    general  State  aid  allocation,   then   for   purposes   of
15    calculating  the  district's  general  State  aid pursuant to
16    paragraph (5) of subsection (E),  that  Extension  Limitation
17    Equalized  Assessed  Valuation shall be utilized to calculate
18    the district's Available Local Resources.
19        (5)  For school districts  having  a  majority  of  their
20    equalized  assessed  valuation  in  any  county  except Cook,
21    DuPage, Kane, Lake,  McHenry,  or  Will,  if  the  amount  of
22    general  State  aid  allocated to the school district for the
23    1999-2000 school year under the provisions of subsection (E),
24    (H), and (J) of this Section  is  less  than  the  amount  of
25    general State aid allocated to the district for the 1998-1999
26    school  year  under these subsections, then the general State
27    aid of the district for the 1999-2000 school year only  shall
28    be  increased  by  the difference between these amounts.  The
29    total payments made under this paragraph (5) shall not exceed
30    $14,000,000.   Claims  shall  be  prorated  if  they   exceed
31    $14,000,000.

32    (H)  Supplemental General State Aid.
33        (1)  In  addition  to  the  general  State  aid  a school
34    district is allotted pursuant to subsection  (E),  qualifying
 
                            -15-               LRB9111566NTks
 1    school  districts  shall receive a grant, paid in conjunction
 2    with  a  district's  payments  of  general  State  aid,   for
 3    supplemental  general  State aid based upon the concentration
 4    level of  children  from  low-income  households  within  the
 5    school  district.  Supplemental State aid grants provided for
 6    school districts under this subsection shall be  appropriated
 7    for distribution to school districts as part of the same line
 8    item  in  which  the  general  State  financial aid of school
 9    districts is appropriated under this Section. For purposes of
10    this subsection, the term  "Low-Income  Concentration  Level"
11    shall  be  the  low-income eligible pupil count from the most
12    recently available federal  census  divided  by  the  Average
13    Daily  Attendance  of  the  school district. If, however, the
14    percentage decrease from the 2 most recent  federal  censuses
15    in  the  low-income  eligible  pupil  count  of a high school
16    district with fewer than 400 students exceeds by 75% or  more
17    the  percentage change in the total low-income eligible pupil
18    count  of  contiguous  elementary  school  districts,   whose
19    boundaries are coterminous with the high school district, the
20    high  school  district's low-income eligible pupil count from
21    the earlier federal census shall be the number  used  as  the
22    low-income eligible pupil count for the high school district,
23    for purposes of this subsection (H).
24        (2)  Supplemental  general  State  aid  pursuant  to this
25    subsection shall be provided as follows:
26             (a)  For any  school  district  with  a  Low  Income
27        Concentration  Level  of  at least 20% and less than 35%,
28        the grant for any school year shall be $800 multiplied by
29        the low income eligible pupil count.
30             (b)  For any  school  district  with  a  Low  Income
31        Concentration  Level  of  at least 35% and less than 50%,
32        the grant for the 1998-1999 school year shall  be  $1,100
33        multiplied by the low income eligible pupil count.
34             (c)  For  any  school  district  with  a  Low Income
 
                            -16-               LRB9111566NTks
 1        Concentration Level of at least 50% and  less  than  60%,
 2        the  grant  for  the  1998-99 school year shall be $1,500
 3        multiplied by the low income eligible pupil count.
 4             (d)  For any  school  district  with  a  Low  Income
 5        Concentration  Level  of  60%  or more, the grant for the
 6        1998-99 school year shall be $1,900 multiplied by the low
 7        income eligible pupil count.
 8             (e)  For the 1999-2000 school year,  the  per  pupil
 9        amount  specified  in  subparagraphs  (b),  (c),  and (d)
10        immediately above shall be increased to  $1,243,  $1,600,
11        and $2,000, respectively.
12             (f)  For  the  2000-2001  school year, the per pupil
13        amounts specified in  subparagraphs  (b),  (c),  and  (d)
14        immediately  above  shall  be $1,273, $1,640, and $2,050,
15        respectively.
16        (3)  School districts with an Average Daily Attendance of
17    more than  1,000  and  less  than  50,000  that  qualify  for
18    supplemental  general  State  aid pursuant to this subsection
19    shall submit a plan to the State Board of Education prior  to
20    October  30  of  each year for the use of the funds resulting
21    from this grant of supplemental general  State  aid  for  the
22    improvement  of  instruction  in  which  priority is given to
23    meeting the education needs of disadvantaged children.   Such
24    plan   shall  be  submitted  in  accordance  with  rules  and
25    regulations promulgated by the State Board of Education.
26        (4)  School districts with an Average Daily Attendance of
27    50,000 or more that qualify for  supplemental  general  State
28    aid   pursuant  to  this  subsection  shall  be  required  to
29    distribute from funds available pursuant to this Section,  no
30    less  than  $261,000,000  in  accordance  with  the following
31    requirements:
32             (a)  The required amounts shall  be  distributed  to
33        the  attendance centers within the district in proportion
34        to the number  of  pupils  enrolled  at  each  attendance
 
                            -17-               LRB9111566NTks
 1        center  who are eligible to receive free or reduced-price
 2        lunches or breakfasts under the federal  Child  Nutrition
 3        Act  of  1966  and  under  the  National School Lunch Act
 4        during the immediately preceding school year.
 5             (b)  The   distribution   of   these   portions   of
 6        supplemental  and  general  State  aid  among  attendance
 7        centers according to  these  requirements  shall  not  be
 8        compensated  for  or  contravened  by  adjustments of the
 9        total of  other  funds  appropriated  to  any  attendance
10        centers, and the Board of Education shall utilize funding
11        from  one  or several sources in order to fully implement
12        this provision annually prior to the opening of school.
13             (c)  Each attendance center shall be provided by the
14        school district a distribution  of  noncategorical  funds
15        and other categorical funds to which an attendance center
16        is entitled under law in order that the general State aid
17        and   supplemental   general   State   aid   provided  by
18        application of this subsection  supplements  rather  than
19        supplants  the noncategorical funds and other categorical
20        funds provided by the school district to  the  attendance
21        centers.
22             (d)  Any  funds made available under this subsection
23        that by reason of the provisions of this  subsection  are
24        not  required  to be allocated and provided to attendance
25        centers may be used and appropriated by the board of  the
26        district for any lawful school purpose.
27             (e)  Funds received by an attendance center pursuant
28        to this subsection shall be used by the attendance center
29        at  the  discretion  of  the  principal  and local school
30        council for programs to improve educational opportunities
31        at qualifying schools through the following programs  and
32        services:  early  childhood education, reduced class size
33        or improved adult to student classroom ratio,  enrichment
34        programs,  remedial  assistance,  attendance improvement,
 
                            -18-               LRB9111566NTks
 1        and other  educationally  beneficial  expenditures  which
 2        supplement  the  regular and basic programs as determined
 3        by the State Board of Education.   Funds  provided  shall
 4        not be expended for any political or lobbying purposes as
 5        defined by board rule.
 6             (f)  Each district subject to the provisions of this
 7        subdivision  (H)(4)  shall  submit  an acceptable plan to
 8        meet the educational needs of disadvantaged children,  in
 9        compliance  with  the  requirements of this paragraph, to
10        the State Board of Education prior to  July  15  of  each
11        year. This plan shall be consistent with the decisions of
12        local  school  councils concerning the school expenditure
13        plans developed in accordance  with  part  4  of  Section
14        34-2.3.  The State Board shall approve or reject the plan
15        within  60  days  after  its  submission.  If the plan is
16        rejected, the  district  shall  give  written  notice  of
17        intent   to  modify  the  plan  within  15  days  of  the
18        notification of rejection and then submit a modified plan
19        within 30 days after the date of the  written  notice  of
20        intent  to  modify.    Districts may amend approved plans
21        pursuant to rules  promulgated  by  the  State  Board  of
22        Education.
23             Upon  notification  by  the State Board of Education
24        that the district has not submitted a plan prior to  July
25        15  or  a  modified plan within the time period specified
26        herein, the State aid funds  affected  by  that  plan  or
27        modified  plan  shall  be  withheld by the State Board of
28        Education until a plan or modified plan is submitted.
29             If the district fails to  distribute  State  aid  to
30        attendance  centers  in accordance with an approved plan,
31        the plan for the following year shall allocate funds,  in
32        addition   to   the  funds  otherwise  required  by  this
33        subsection,  to  those  attendance  centers  which   were
34        underfunded  during the previous year in amounts equal to
 
                            -19-               LRB9111566NTks
 1        such underfunding.
 2             For purposes of  determining  compliance  with  this
 3        subsection  in relation to the requirements of attendance
 4        center funding, each district subject to  the  provisions
 5        of this subsection shall submit as a separate document by
 6        December  1 of each year a report of expenditure data for
 7        the prior year in addition to  any  modification  of  its
 8        current  plan.  If it is determined that there has been a
 9        failure to comply with the expenditure provisions of this
10        subsection regarding contravention  or  supplanting,  the
11        State  Superintendent  of Education shall, within 60 days
12        of receipt of the report, notify  the  district  and  any
13        affected local school council.  The district shall within
14        45  days of receipt of that notification inform the State
15        Superintendent of Education of the remedial or corrective
16        action to be taken, whether  by amendment of the  current
17        plan,  if  feasible, or by adjustment in the plan for the
18        following  year.   Failure  to  provide  the  expenditure
19        report or the  notification  of  remedial  or  corrective
20        action  in  a timely manner shall result in a withholding
21        of the affected funds.
22             The State Board of Education shall promulgate  rules
23        and  regulations  to  implement  the  provisions  of this
24        subsection.   No  funds  shall  be  released  under  this
25        subdivision (H)(4) to any district that has not submitted
26        a plan that has been  approved  by  the  State  Board  of
27        Education.

28    (I)  General State Aid for Newly Configured School Districts.
29        (1)  For  a  new  school  district  formed  by  combining
30    property   included  totally  within  2  or  more  previously
31    existing school districts, for its first  year  of  existence
32    the  general  State  aid  and  supplemental general State aid
33    calculated under this Section shall be computed for  the  new
34    district  and for the previously existing districts for which
 
                            -20-               LRB9111566NTks
 1    property is totally included within the new district.  If the
 2    computation on the basis of the previously existing districts
 3    is greater, a supplementary payment equal to  the  difference
 4    shall  be  made for the first 4 years of existence of the new
 5    district.
 6        (2)  For a school  district  which  annexes  all  of  the
 7    territory  of  one or more entire other school districts, for
 8    the  first  year  during  which  the  change  of   boundaries
 9    attributable  to  such  annexation  becomes effective for all
10    purposes as determined under Section 7-9 or 7A-8, the general
11    State aid and supplemental general State aid calculated under
12    this Section shall be computed for the annexing  district  as
13    constituted  after  the  annexation  and for the annexing and
14    each annexed district as constituted prior to the annexation;
15    and if the computation on  the  basis  of  the  annexing  and
16    annexed  districts  as constituted prior to the annexation is
17    greater, a supplementary  payment  equal  to  the  difference
18    shall  be  made  for  the  first  4 years of existence of the
19    annexing school district as constituted upon such annexation.
20        (3)  For 2 or more school districts which  annex  all  of
21    the  territory  of one or more entire other school districts,
22    and for 2 or more community unit districts which result  upon
23    the  division  (pursuant  to petition under Section 11A-2) of
24    one or more other unit school districts into 2 or more  parts
25    and  which  together include all of the parts into which such
26    other unit school district or districts are so  divided,  for
27    the   first  year  during  which  the  change  of  boundaries
28    attributable to such annexation or division becomes effective
29    for all purposes as determined under Section 7-9  or  11A-10,
30    as  the  case  may be, the general State aid and supplemental
31    general State aid calculated  under  this  Section  shall  be
32    computed   for   each   annexing  or  resulting  district  as
33    constituted after the annexation or  division  and  for  each
34    annexing  and  annexed  district,  or  for each resulting and
 
                            -21-               LRB9111566NTks
 1    divided district, as constituted prior to the  annexation  or
 2    division;  and  if the aggregate of the general State aid and
 3    supplemental  general  State  aid  as  so  computed  for  the
 4    annexing or resulting  districts  as  constituted  after  the
 5    annexation  or  division  is  less  than the aggregate of the
 6    general State aid and supplemental general State  aid  as  so
 7    computed  for  the annexing and annexed districts, or for the
 8    resulting and divided districts, as constituted prior to  the
 9    annexation or division, then a supplementary payment equal to
10    the  difference  shall be made and allocated between or among
11    the annexing or resulting districts, as constituted upon such
12    annexation or division,  for  the  first  4  years  of  their
13    existence.   The  total difference payment shall be allocated
14    between or among the annexing or resulting districts  in  the
15    same  ratio  as the pupil enrollment from that portion of the
16    annexed or divided district or districts which is annexed  to
17    or included in each such annexing or resulting district bears
18    to  the  total  pupil  enrollment  from the entire annexed or
19    divided district or districts, as such  pupil  enrollment  is
20    determined  for the school year last ending prior to the date
21    when the change of boundaries attributable to the  annexation
22    or  division  becomes effective for all purposes.  The amount
23    of the total difference payment and the amount thereof to  be
24    allocated  to  the  annexing  or resulting districts shall be
25    computed by the State Board of  Education  on  the  basis  of
26    pupil  enrollment  and other data which shall be certified to
27    the State Board of Education, on forms which it shall provide
28    for that purpose, by the regional superintendent  of  schools
29    for each educational service region in which the annexing and
30    annexed  districts,  or  resulting  and divided districts are
31    located.
32        (3.5)  Claims  for  financial   assistance   under   this
33    subsection  (I)  shall  not be recomputed except as expressly
34    provided under this Section.
 
                            -22-               LRB9111566NTks
 1        (4)  Any supplementary payment made under this subsection
 2    (I) shall be treated as separate from all other payments made
 3    pursuant to this Section.

 4    (J)  Supplementary Grants in Aid.
 5        (1)  Notwithstanding  any  other   provisions   of   this
 6    Section,  the  amount  of  the aggregate general State aid in
 7    combination with supplemental general State  aid  under  this
 8    Section  for  which each school district is eligible shall be
 9    no less than the amount of the aggregate  general  State  aid
10    entitlement  that  was received by the district under Section
11    18-8 (exclusive of amounts received  under  subsections  5(p)
12    and  5(p-5)  of  that  Section)  for the 1997-98 school year,
13    pursuant to the provisions of that Section as it was then  in
14    effect.   If   a  school  district  qualifies  to  receive  a
15    supplementary payment made under  this  subsection  (J),  the
16    amount of the aggregate general State aid in combination with
17    supplemental general State aid under this Section  which that
18    district is eligible to receive for each school year shall be
19    no  less  than  the amount of the aggregate general State aid
20    entitlement that was received by the district  under  Section
21    18-8  (exclusive  of  amounts received under subsections 5(p)
22    and 5(p-5) of that Section) for the  1997-1998  school  year,
23    pursuant  to the provisions of that Section as it was then in
24    effect.
25        (2)  If, as provided in paragraph (1) of this  subsection
26    (J),  a school district is to receive aggregate general State
27    aid in combination with supplemental general State aid  under
28    this  Section  for the 1998-99 school year and any subsequent
29    school year that in any such school year  is  less  than  the
30    amount  of  the  aggregate general State aid entitlement that
31    the district received for the 1997-98 school year, the school
32    district shall also receive, from  a  separate  appropriation
33    made  for  purposes  of  this subsection (J), a supplementary
34    payment that is equal to the amount of the difference in  the
 
                            -23-               LRB9111566NTks
 1    aggregate State aid figures as described in paragraph (1).
 2        (3)  (Blank).

 3    (K)  Grants to Laboratory and Alternative Schools.
 4        In  calculating  the  amount  to be paid to the governing
 5    board of a  public  university  that  operates  a  laboratory
 6    school  under  this Section or to any alternative school that
 7    is operated by a  regional  superintendent  of  schools,  the
 8    State Board of Education shall require by rule such reporting
 9    requirements as it deems necessary.
10        As  used  in  this  Section,  "laboratory school" means a
11    public school which is  created  and  operated  by  a  public
12    university and approved by the State Board of Education.  The
13    governing  board  of a public university which receives funds
14    from the State  Board  under  this  subsection  (K)  may  not
15    increase  the  number  of students enrolled in its laboratory
16    school from a single district, if that  district  is  already
17    sending  50 or more students, except under a mutual agreement
18    between the school board of a student's district of residence
19    and the university which operates the laboratory  school.   A
20    laboratory  school  may  not  have  more than 1,000 students,
21    excluding students with disabilities in a  special  education
22    program.
23        As  used  in  this  Section, "alternative school" means a
24    public school which is created and  operated  by  a  Regional
25    Superintendent  of Schools and approved by the State Board of
26    Education.  Such alternative schools  may  offer  courses  of
27    instruction  for  which  credit  is  given  in regular school
28    programs, courses to prepare students  for  the  high  school
29    equivalency  testing  program  or vocational and occupational
30    training.   A regional superintendent of schools may contract
31    with a school district or a public community college district
32    to operate an  alternative  school.   An  alternative  school
33    serving  more  than  one  educational  service  region may be
34    established by the regional superintendents of schools of the
 
                            -24-               LRB9111566NTks
 1    affected educational service regions.  An alternative  school
 2    serving  more  than  one  educational  service  region may be
 3    operated under such terms as the regional superintendents  of
 4    schools of those educational service regions may agree.
 5        Each  laboratory  and  alternative  school shall file, on
 6    forms provided by the State Superintendent of  Education,  an
 7    annual  State  aid  claim  which  states  the  Average  Daily
 8    Attendance  of  the  school's  students by month.  The best 3
 9    months' Average Daily Attendance shall be computed  for  each
10    school.  The  general State aid entitlement shall be computed
11    by multiplying the applicable Average Daily Attendance by the
12    Foundation Level as determined under this Section.

13    (L)  Payments,   Additional   Grants   in   Aid   and   Other
14    Requirements.
15        (1)  For a school district operating under the  financial
16    supervision  of  an  Authority created under Article 34A, the
17    general State aid otherwise payable to  that  district  under
18    this  Section,  but  not  the supplemental general State aid,
19    shall be reduced by an amount equal to  the  budget  for  the
20    operations  of the Authority as certified by the Authority to
21    the State Board of Education, and an  amount  equal  to  such
22    reduction  shall  be  paid  to the Authority created for such
23    district for its operating expenses in the manner provided in
24    Section 18-11.  The remainder of general State school aid for
25    any such district shall be paid in  accordance  with  Article
26    34A  when  that Article provides for a disposition other than
27    that provided by this Article.
28        (2)  (Blank).
29        (3)  Summer school.  Summer school payments shall be made
30    as provided in Section 18-4.3.

31    (M)  Education Funding Advisory Board.
32        The Education Funding Advisory Board, hereinafter in this
33    subsection (M) referred to as the "Board", is hereby created.
 
                            -25-               LRB9111566NTks
 1    The Board shall consist of 5 members who are appointed by the
 2    Governor, by and with the advice and consent of  the  Senate.
 3    The   members  appointed  shall  include  representatives  of
 4    education, business, and  the  general  public.  One  of  the
 5    members  so  appointed shall be designated by the Governor at
 6    the time the appointment is made as the  chairperson  of  the
 7    Board.  The initial members of the Board may be appointed any
 8    time after the effective date of this amendatory Act of 1997.
 9    The regular term of each member of the Board shall be  for  4
10    years  from  the third Monday of January of the year in which
11    the term of the member's appointment is to  commence,  except
12    that  of  the  5  initial  members  appointed to serve on the
13    Board, the member who is appointed as the  chairperson  shall
14    serve  for  a  term  that commences on the date of his or her
15    appointment and expires on the third Monday of January, 2002,
16    and the remaining 4 members,  by  lots  drawn  at  the  first
17    meeting  of  the  Board  that is held after all 5 members are
18    appointed, shall determine 2 of their  number  to  serve  for
19    terms   that   commence  on  the  date  of  their  respective
20    appointments and expire on the third Monday of January, 2001,
21    and 2 of their number to serve for terms that commence on the
22    date of their respective appointments and expire on the third
23    Monday of January, 2000.  All members appointed to  serve  on
24    the  Board  shall serve until their respective successors are
25    appointed and confirmed.  Vacancies shall be  filled  in  the
26    same  manner  as  original  appointments.   If  a  vacancy in
27    membership occurs at  a  time  when  the  Senate  is  not  in
28    session,  the  Governor  shall  make  a temporary appointment
29    until the next meeting of the Senate, when he  or  she  shall
30    appoint,  by and with the advice and consent of the Senate, a
31    person to fill that membership for the  unexpired  term.   If
32    the  Senate  is  not in session when the initial appointments
33    are made, those appointments shall be made as in the case  of
34    vacancies.
 
                            -26-               LRB9111566NTks
 1        The  Education  Funding  Advisory  Board  shall be deemed
 2    established,  and  the  initial  members  appointed  by   the
 3    Governor  to serve as members of the Board shall take office,
 4    on the date that the Governor makes his or her appointment of
 5    the fifth initial member of the Board, whether those  initial
 6    members   are   then  serving  pursuant  to  appointment  and
 7    confirmation or pursuant to temporary appointments  that  are
 8    made by the Governor as in the case of vacancies.
 9        The  State  Board  of  Education shall provide such staff
10    assistance to the Education  Funding  Advisory  Board  as  is
11    reasonably  required  for the proper performance by the Board
12    of its responsibilities.
13        For school years after the  2000-2001  school  year,  the
14    Education  Funding  Advisory  Board, in consultation with the
15    State Board  of  Education,  shall  make  recommendations  as
16    provided  in  this subsection (M) to the General Assembly for
17    the foundation level under subdivision (B)(3) of this Section
18    and for the supplemental general State aid grant level  under
19    subsection  (H)  of  this  Section  for  districts  with high
20    concentrations of children  from  poverty.   The  recommended
21    foundation  level  shall be determined based on a methodology
22    which  incorporates  the  basic  education  expenditures   of
23    low-spending  schools  exhibiting  high academic performance.
24    The  Education  Funding  Advisory  Board  shall   make   such
25    recommendations  to  the General Assembly on January 1 of odd
26    numbered years, beginning January 1, 2001.

27    (N)  (Blank).

28    (O)  References.
29        (1)  References in other laws to the various subdivisions
30    of Section 18-8 as that Section existed before its repeal and
31    replacement by this Section 18-8.05 shall be deemed to  refer
32    to  the  corresponding provisions of this Section 18-8.05, to
33    the extent that those references remain applicable.
 
                            -27-               LRB9111566NTks
 1        (2)  References in other laws to State  Chapter  1  funds
 2    shall  be  deemed  to refer to the supplemental general State
 3    aid provided under subsection (H) of this Section.
 4    (Source:  P.A.  90-548,  eff.  7-1-98;  incorporates  90-566;
 5    90-653, eff. 7-29-98;  90-654,  eff.  7-29-98;  90-655,  eff.
 6    7-30-98;  90-802, eff. 12-15-98; 90-815, eff. 2-11-99; 91-24,
 7    eff. 7-1-99; 91-93, eff. 7-9-99; 91-96, eff. 7-9-99;  91-111,
 8    eff.  7-14-99;  91-357,  eff.  7-29-99; 91-533, eff. 8-13-99;
 9    revised 8-27-99.)

10        Section 99.  Effective date.  This Act takes effect  upon
11    becoming law.

[ Top ]