[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB4044
LRB9112226SMdv
1 AN ACT concerning schools.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Income Tax Act is amended by
5 adding Section 513 as follows:
6 (35 ILCS 5/513)
7 Sec. 513. Information to school districts concerning
8 children living in poverty.
9 (a) All individual income tax return forms for taxable
10 years 2001 through 2010 shall contain an appropriate space in
11 which the taxpayer shall identify the name, birth date, and
12 social security number of each dependent claimed on the tax
13 return. Failure of the taxpayer to insert this information
14 shall not invalidate the return.
15 (b) For taxable years 2001 through 2010, in order to
16 assist the Illinois State Board of Education in determining
17 the annual supplemental general State aid based upon the
18 number of children from low-income households, the Department
19 shall provide the Illinois State Board of Education, for the
20 previous tax year and by elementary and secondary school
21 district, the age and social security number of each
22 dependent claimed by a taxpayer in any family whose income is
23 below the federal poverty level.
24 Section 10. The School Code is amended by changing
25 Section 18-8.05 as follows:
26 (105 ILCS 5/18-8.05)
27 Sec. 18-8.05. Basis for apportionment of general State
28 financial aid and supplemental general State aid to the
29 common schools for the 1998-1999 and subsequent school years.
-2- LRB9112226SMdv
1 (A) General Provisions.
2 (1) The provisions of this Section apply to the
3 1998-1999 and subsequent school years. The system of general
4 State financial aid provided for in this Section is designed
5 to assure that, through a combination of State financial aid
6 and required local resources, the financial support provided
7 each pupil in Average Daily Attendance equals or exceeds a
8 prescribed per pupil Foundation Level. This formula approach
9 imputes a level of per pupil Available Local Resources and
10 provides for the basis to calculate a per pupil level of
11 general State financial aid that, when added to Available
12 Local Resources, equals or exceeds the Foundation Level. The
13 amount of per pupil general State financial aid for school
14 districts, in general, varies in inverse relation to
15 Available Local Resources. Per pupil amounts are based upon
16 each school district's Average Daily Attendance as that term
17 is defined in this Section.
18 (2) In addition to general State financial aid, school
19 districts with specified levels or concentrations of pupils
20 from low income households are eligible to receive
21 supplemental general State financial aid grants as provided
22 pursuant to subsection (H). The supplemental State aid grants
23 provided for school districts under subsection (H) shall be
24 appropriated for distribution to school districts as part of
25 the same line item in which the general State financial aid
26 of school districts is appropriated under this Section.
27 (3) To receive financial assistance under this Section,
28 school districts are required to file claims with the State
29 Board of Education, subject to the following requirements:
30 (a) Any school district which fails for any given
31 school year to maintain school as required by law, or to
32 maintain a recognized school is not eligible to file for
33 such school year any claim upon the Common School Fund.
34 In case of nonrecognition of one or more attendance
-3- LRB9112226SMdv
1 centers in a school district otherwise operating
2 recognized schools, the claim of the district shall be
3 reduced in the proportion which the Average Daily
4 Attendance in the attendance center or centers bear to
5 the Average Daily Attendance in the school district. A
6 "recognized school" means any public school which meets
7 the standards as established for recognition by the State
8 Board of Education. A school district or attendance
9 center not having recognition status at the end of a
10 school term is entitled to receive State aid payments due
11 upon a legal claim which was filed while it was
12 recognized.
13 (b) School district claims filed under this Section
14 are subject to Sections 18-9, 18-10, and 18-12, except as
15 otherwise provided in this Section.
16 (c) If a school district operates a full year
17 school under Section 10-19.1, the general State aid to
18 the school district shall be determined by the State
19 Board of Education in accordance with this Section as
20 near as may be applicable.
21 (d) (Blank).
22 (4) Except as provided in subsections (H) and (L), the
23 board of any district receiving any of the grants provided
24 for in this Section may apply those funds to any fund so
25 received for which that board is authorized to make
26 expenditures by law.
27 School districts are not required to exert a minimum
28 Operating Tax Rate in order to qualify for assistance under
29 this Section.
30 (5) As used in this Section the following terms, when
31 capitalized, shall have the meaning ascribed herein:
32 (a) "Average Daily Attendance": A count of pupil
33 attendance in school, averaged as provided for in
34 subsection (C) and utilized in deriving per pupil
-4- LRB9112226SMdv
1 financial support levels.
2 (b) "Available Local Resources": A computation of
3 local financial support, calculated on the basis of
4 Average Daily Attendance and derived as provided pursuant
5 to subsection (D).
6 (c) "Corporate Personal Property Replacement
7 Taxes": Funds paid to local school districts pursuant to
8 "An Act in relation to the abolition of ad valorem
9 personal property tax and the replacement of revenues
10 lost thereby, and amending and repealing certain Acts and
11 parts of Acts in connection therewith", certified August
12 14, 1979, as amended (Public Act 81-1st S.S.-1).
13 (d) "Foundation Level": A prescribed level of per
14 pupil financial support as provided for in subsection
15 (B).
16 (e) "Operating Tax Rate": All school district
17 property taxes extended for all purposes, except Bond and
18 Interest, Summer School, Rent, Capital Improvement, and
19 Vocational Education Building purposes.
20 (B) Foundation Level.
21 (1) The Foundation Level is a figure established by the
22 State representing the minimum level of per pupil financial
23 support that should be available to provide for the basic
24 education of each pupil in Average Daily Attendance. As set
25 forth in this Section, each school district is assumed to
26 exert a sufficient local taxing effort such that, in
27 combination with the aggregate of general State financial aid
28 provided the district, an aggregate of State and local
29 resources are available to meet the basic education needs of
30 pupils in the district.
31 (2) For the 1998-1999 school year, the Foundation Level
32 of support is $4,225. For the 1999-2000 school year, the
33 Foundation Level of support is $4,325. For the 2000-2001
34 school year, the Foundation Level of support is $4,425.
-5- LRB9112226SMdv
1 (3) For the 2001-2002 school year and each school year
2 thereafter, the Foundation Level of support is $4,425 or such
3 greater amount as may be established by law by the General
4 Assembly.
5 (C) Average Daily Attendance.
6 (1) For purposes of calculating general State aid
7 pursuant to subsection (E), an Average Daily Attendance
8 figure shall be utilized. The Average Daily Attendance
9 figure for formula calculation purposes shall be the monthly
10 average of the actual number of pupils in attendance of each
11 school district, as further averaged for the best 3 months of
12 pupil attendance for each school district. In compiling the
13 figures for the number of pupils in attendance, school
14 districts and the State Board of Education shall, for
15 purposes of general State aid funding, conform attendance
16 figures to the requirements of subsection (F).
17 (2) The Average Daily Attendance figures utilized in
18 subsection (E) shall be the requisite attendance data for the
19 school year immediately preceding the school year for which
20 general State aid is being calculated.
21 (D) Available Local Resources.
22 (1) For purposes of calculating general State aid
23 pursuant to subsection (E), a representation of Available
24 Local Resources per pupil, as that term is defined and
25 determined in this subsection, shall be utilized. Available
26 Local Resources per pupil shall include a calculated dollar
27 amount representing local school district revenues from local
28 property taxes and from Corporate Personal Property
29 Replacement Taxes, expressed on the basis of pupils in
30 Average Daily Attendance.
31 (2) In determining a school district's revenue from
32 local property taxes, the State Board of Education shall
33 utilize the equalized assessed valuation of all taxable
-6- LRB9112226SMdv
1 property of each school district as of September 30 of the
2 previous year. The equalized assessed valuation utilized
3 shall be obtained and determined as provided in subsection
4 (G).
5 (3) For school districts maintaining grades kindergarten
6 through 12, local property tax revenues per pupil shall be
7 calculated as the product of the applicable equalized
8 assessed valuation for the district multiplied by 3.00%, and
9 divided by the district's Average Daily Attendance figure.
10 For school districts maintaining grades kindergarten through
11 8, local property tax revenues per pupil shall be calculated
12 as the product of the applicable equalized assessed valuation
13 for the district multiplied by 2.30%, and divided by the
14 district's Average Daily Attendance figure. For school
15 districts maintaining grades 9 through 12, local property tax
16 revenues per pupil shall be the applicable equalized assessed
17 valuation of the district multiplied by 1.05%, and divided by
18 the district's Average Daily Attendance figure.
19 (4) The Corporate Personal Property Replacement Taxes
20 paid to each school district during the calendar year 2 years
21 before the calendar year in which a school year begins,
22 divided by the Average Daily Attendance figure for that
23 district, shall be added to the local property tax revenues
24 per pupil as derived by the application of the immediately
25 preceding paragraph (3). The sum of these per pupil figures
26 for each school district shall constitute Available Local
27 Resources as that term is utilized in subsection (E) in the
28 calculation of general State aid.
29 (E) Computation of General State Aid.
30 (1) For each school year, the amount of general State
31 aid allotted to a school district shall be computed by the
32 State Board of Education as provided in this subsection.
33 (2) For any school district for which Available Local
34 Resources per pupil is less than the product of 0.93 times
-7- LRB9112226SMdv
1 the Foundation Level, general State aid for that district
2 shall be calculated as an amount equal to the Foundation
3 Level minus Available Local Resources, multiplied by the
4 Average Daily Attendance of the school district.
5 (3) For any school district for which Available Local
6 Resources per pupil is equal to or greater than the product
7 of 0.93 times the Foundation Level and less than the product
8 of 1.75 times the Foundation Level, the general State aid per
9 pupil shall be a decimal proportion of the Foundation Level
10 derived using a linear algorithm. Under this linear
11 algorithm, the calculated general State aid per pupil shall
12 decline in direct linear fashion from 0.07 times the
13 Foundation Level for a school district with Available Local
14 Resources equal to the product of 0.93 times the Foundation
15 Level, to 0.05 times the Foundation Level for a school
16 district with Available Local Resources equal to the product
17 of 1.75 times the Foundation Level. The allocation of
18 general State aid for school districts subject to this
19 paragraph 3 shall be the calculated general State aid per
20 pupil figure multiplied by the Average Daily Attendance of
21 the school district.
22 (4) For any school district for which Available Local
23 Resources per pupil equals or exceeds the product of 1.75
24 times the Foundation Level, the general State aid for the
25 school district shall be calculated as the product of $218
26 multiplied by the Average Daily Attendance of the school
27 district.
28 (5) The amount of general State aid allocated to a
29 school district for the 1999-2000 school year meeting the
30 requirements set forth in paragraph (4) of subsection (G)
31 shall be increased by an amount equal to the general State
32 aid that would have been received by the district for the
33 1998-1999 school year by utilizing the Extension Limitation
34 Equalized Assessed Valuation as calculated in paragraph (4)
-8- LRB9112226SMdv
1 of subsection (G) less the general State aid allotted for the
2 1998-1999 school year. This amount shall be deemed a one
3 time increase, and shall not affect any future general State
4 aid allocations.
5 (F) Compilation of Average Daily Attendance.
6 (1) Each school district shall, by July 1 of each year,
7 submit to the State Board of Education, on forms prescribed
8 by the State Board of Education, attendance figures for the
9 school year that began in the preceding calendar year. The
10 attendance information so transmitted shall identify the
11 average daily attendance figures for each month of the school
12 year, except that any days of attendance in August shall be
13 added to the month of September and any days of attendance in
14 June shall be added to the month of May.
15 Except as otherwise provided in this Section, days of
16 attendance by pupils shall be counted only for sessions of
17 not less than 5 clock hours of school work per day under
18 direct supervision of: (i) teachers, or (ii) non-teaching
19 personnel or volunteer personnel when engaging in
20 non-teaching duties and supervising in those instances
21 specified in subsection (a) of Section 10-22.34 and paragraph
22 10 of Section 34-18, with pupils of legal school age and in
23 kindergarten and grades 1 through 12.
24 Days of attendance by tuition pupils shall be accredited
25 only to the districts that pay the tuition to a recognized
26 school.
27 (2) Days of attendance by pupils of less than 5 clock
28 hours of school shall be subject to the following provisions
29 in the compilation of Average Daily Attendance.
30 (a) Pupils regularly enrolled in a public school
31 for only a part of the school day may be counted on the
32 basis of 1/6 day for every class hour of instruction of
33 40 minutes or more attended pursuant to such enrollment.
34 (b) Days of attendance may be less than 5 clock
-9- LRB9112226SMdv
1 hours on the opening and closing of the school term, and
2 upon the first day of pupil attendance, if preceded by a
3 day or days utilized as an institute or teachers'
4 workshop.
5 (c) A session of 4 or more clock hours may be
6 counted as a day of attendance upon certification by the
7 regional superintendent, and approved by the State
8 Superintendent of Education to the extent that the
9 district has been forced to use daily multiple sessions.
10 (d) A session of 3 or more clock hours may be
11 counted as a day of attendance (1) when the remainder of
12 the school day or at least 2 hours in the evening of that
13 day is utilized for an in-service training program for
14 teachers, up to a maximum of 5 days per school year of
15 which a maximum of 4 days of such 5 days may be used for
16 parent-teacher conferences, provided a district conducts
17 an in-service training program for teachers which has
18 been approved by the State Superintendent of Education;
19 or, in lieu of 4 such days, 2 full days may be used, in
20 which event each such day may be counted as a day of
21 attendance; and (2) when days in addition to those
22 provided in item (1) are scheduled by a school pursuant
23 to its school improvement plan adopted under Article 34
24 or its revised or amended school improvement plan adopted
25 under Article 2, provided that (i) such sessions of 3 or
26 more clock hours are scheduled to occur at regular
27 intervals, (ii) the remainder of the school days in which
28 such sessions occur are utilized for in-service training
29 programs or other staff development activities for
30 teachers, and (iii) a sufficient number of minutes of
31 school work under the direct supervision of teachers are
32 added to the school days between such regularly scheduled
33 sessions to accumulate not less than the number of
34 minutes by which such sessions of 3 or more clock hours
-10- LRB9112226SMdv
1 fall short of 5 clock hours. Any full days used for the
2 purposes of this paragraph shall not be considered for
3 computing average daily attendance. Days scheduled for
4 in-service training programs, staff development
5 activities, or parent-teacher conferences may be
6 scheduled separately for different grade levels and
7 different attendance centers of the district.
8 (e) A session of not less than one clock hour of
9 teaching hospitalized or homebound pupils on-site or by
10 telephone to the classroom may be counted as 1/2 day of
11 attendance, however these pupils must receive 4 or more
12 clock hours of instruction to be counted for a full day
13 of attendance.
14 (f) A session of at least 4 clock hours may be
15 counted as a day of attendance for first grade pupils,
16 and pupils in full day kindergartens, and a session of 2
17 or more hours may be counted as 1/2 day of attendance by
18 pupils in kindergartens which provide only 1/2 day of
19 attendance.
20 (g) For children with disabilities who are below
21 the age of 6 years and who cannot attend 2 or more clock
22 hours because of their disability or immaturity, a
23 session of not less than one clock hour may be counted as
24 1/2 day of attendance; however for such children whose
25 educational needs so require a session of 4 or more clock
26 hours may be counted as a full day of attendance.
27 (h) A recognized kindergarten which provides for
28 only 1/2 day of attendance by each pupil shall not have
29 more than 1/2 day of attendance counted in any one day.
30 However, kindergartens may count 2 1/2 days of attendance
31 in any 5 consecutive school days. When a pupil attends
32 such a kindergarten for 2 half days on any one school
33 day, the pupil shall have the following day as a day
34 absent from school, unless the school district obtains
-11- LRB9112226SMdv
1 permission in writing from the State Superintendent of
2 Education. Attendance at kindergartens which provide for
3 a full day of attendance by each pupil shall be counted
4 the same as attendance by first grade pupils. Only the
5 first year of attendance in one kindergarten shall be
6 counted, except in case of children who entered the
7 kindergarten in their fifth year whose educational
8 development requires a second year of kindergarten as
9 determined under the rules and regulations of the State
10 Board of Education.
11 (G) Equalized Assessed Valuation Data.
12 (1) For purposes of the calculation of Available Local
13 Resources required pursuant to subsection (D), the State
14 Board of Education shall secure from the Department of
15 Revenue the value as equalized or assessed by the Department
16 of Revenue of all taxable property of every school district,
17 together with (i) the applicable tax rate used in extending
18 taxes for the funds of the district as of September 30 of the
19 previous year and (ii) the limiting rate for all school
20 districts subject to property tax extension limitations as
21 imposed under the Property Tax Extension Limitation Law.
22 This equalized assessed valuation, as adjusted further by
23 the requirements of this subsection, shall be utilized in the
24 calculation of Available Local Resources.
25 (2) The equalized assessed valuation in paragraph (1)
26 shall be adjusted, as applicable, in the following manner:
27 (a) For the purposes of calculating State aid under
28 this Section, with respect to any part of a school
29 district within a redevelopment project area in respect
30 to which a municipality has adopted tax increment
31 allocation financing pursuant to the Tax Increment
32 Allocation Redevelopment Act, Sections 11-74.4-1 through
33 11-74.4-11 of the Illinois Municipal Code or the
34 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
-12- LRB9112226SMdv
1 11-74.6-50 of the Illinois Municipal Code, no part of the
2 current equalized assessed valuation of real property
3 located in any such project area which is attributable to
4 an increase above the total initial equalized assessed
5 valuation of such property shall be used as part of the
6 equalized assessed valuation of the district, until such
7 time as all redevelopment project costs have been paid,
8 as provided in Section 11-74.4-8 of the Tax Increment
9 Allocation Redevelopment Act or in Section 11-74.6-35 of
10 the Industrial Jobs Recovery Law. For the purpose of the
11 equalized assessed valuation of the district, the total
12 initial equalized assessed valuation or the current
13 equalized assessed valuation, whichever is lower, shall
14 be used until such time as all redevelopment project
15 costs have been paid.
16 (b) The real property equalized assessed valuation
17 for a school district shall be adjusted by subtracting
18 from the real property value as equalized or assessed by
19 the Department of Revenue for the district an amount
20 computed by dividing the amount of any abatement of taxes
21 under Section 18-170 of the Property Tax Code by 3.00%
22 for a district maintaining grades kindergarten through
23 12, by 2.30% for a district maintaining grades
24 kindergarten through 8, or by 1.05% for a district
25 maintaining grades 9 through 12 and adjusted by an amount
26 computed by dividing the amount of any abatement of taxes
27 under subsection (a) of Section 18-165 of the Property
28 Tax Code by the same percentage rates for district type
29 as specified in this subparagraph (b).
30 (3) For the 1999-2000 school year and each school year
31 thereafter, if a school district meets all of the criteria of
32 this subsection (G)(3), the school district's Available Local
33 Resources shall be calculated under subsection (D) using the
34 district's Extension Limitation Equalized Assessed Valuation
-13- LRB9112226SMdv
1 as calculated under this subsection (G)(3).
2 For purposes of this subsection (G)(3) the following
3 terms shall have the following meanings:
4 "Budget Year": The school year for which general
5 State aid is calculated and awarded under subsection (E).
6 "Base Tax Year": The property tax levy year used to
7 calculate the Budget Year allocation of general State
8 aid.
9 "Preceding Tax Year": The property tax levy year
10 immediately preceding the Base Tax Year.
11 "Base Tax Year's Tax Extension": The product of the
12 equalized assessed valuation utilized by the County Clerk
13 in the Base Tax Year multiplied by the limiting rate as
14 calculated by the County Clerk and defined in the
15 Property Tax Extension Limitation Law.
16 "Preceding Tax Year's Tax Extension": The product of
17 the equalized assessed valuation utilized by the County
18 Clerk in the Preceding Tax Year multiplied by the
19 Operating Tax Rate as defined in subsection (A).
20 "Extension Limitation Ratio": A numerical ratio,
21 certified by the County Clerk, in which the numerator is
22 the Base Tax Year's Tax Extension and the denominator is
23 the Preceding Tax Year's Tax Extension.
24 "Operating Tax Rate": The operating tax rate as
25 defined in subsection (A).
26 If a school district is subject to property tax extension
27 limitations as imposed under the Property Tax Extension
28 Limitation Law, and if the Available Local Resources of that
29 school district as calculated pursuant to subsection (D)
30 using the Base Tax Year are less than the product of 1.75
31 times the Foundation Level for the Budget Year, the State
32 Board of Education shall calculate the Extension Limitation
33 Equalized Assessed Valuation of that district. For the
34 1999-2000 school year, the Extension Limitation Equalized
-14- LRB9112226SMdv
1 Assessed Valuation of a school district as calculated by the
2 State Board of Education shall be equal to the product of the
3 district's 1996 Equalized Assessed Valuation and the
4 district's Extension Limitation Ratio. For the 2000-2001
5 school year and each school year thereafter, the Extension
6 Limitation Equalized Assessed Valuation of a school district
7 as calculated by the State Board of Education shall be equal
8 to the product of the last calculated Extension Limitation
9 Equalized Assessed Valuation and the district's Extension
10 Limitation Ratio. If the Extension Limitation Equalized
11 Assessed Valuation of a school district as calculated under
12 this subsection (G)(3) is less than the district's equalized
13 assessed valuation as calculated pursuant to subsections
14 (G)(1) and (G)(2), then for purposes of calculating the
15 district's general State aid for the Budget Year pursuant to
16 subsection (E), that Extension Limitation Equalized Assessed
17 Valuation shall be utilized to calculate the district's
18 Available Local Resources under subsection (D).
19 (4) For the purposes of calculating general State aid
20 for the 1999-2000 school year only, if a school district
21 experienced a triennial reassessment on the equalized
22 assessed valuation used in calculating its general State
23 financial aid apportionment for the 1998-1999 school year,
24 the State Board of Education shall calculate the Extension
25 Limitation Equalized Assessed Valuation that would have been
26 used to calculate the district's 1998-1999 general State aid.
27 This amount shall equal the product of the equalized assessed
28 valuation used to calculate general State aid for the
29 1997-1998 school year and the district's Extension Limitation
30 Ratio. If the Extension Limitation Equalized Assessed
31 Valuation of the school district as calculated under this
32 paragraph (4) is less than the district's equalized assessed
33 valuation utilized in calculating the district's 1998-1999
34 general State aid allocation, then for purposes of
-15- LRB9112226SMdv
1 calculating the district's general State aid pursuant to
2 paragraph (5) of subsection (E), that Extension Limitation
3 Equalized Assessed Valuation shall be utilized to calculate
4 the district's Available Local Resources.
5 (5) For school districts having a majority of their
6 equalized assessed valuation in any county except Cook,
7 DuPage, Kane, Lake, McHenry, or Will, if the amount of
8 general State aid allocated to the school district for the
9 1999-2000 school year under the provisions of subsection (E),
10 (H), and (J) of this Section is less than the amount of
11 general State aid allocated to the district for the 1998-1999
12 school year under these subsections, then the general State
13 aid of the district for the 1999-2000 school year only shall
14 be increased by the difference between these amounts. The
15 total payments made under this paragraph (5) shall not exceed
16 $14,000,000. Claims shall be prorated if they exceed
17 $14,000,000.
18 (H) Supplemental General State Aid.
19 (1) In addition to the general State aid a school
20 district is allotted pursuant to subsection (E), qualifying
21 school districts shall receive a grant, paid in conjunction
22 with a district's payments of general State aid, for
23 supplemental general State aid based upon the concentration
24 level of children from low-income households within the
25 school district. Supplemental State aid grants provided for
26 school districts under this subsection shall be appropriated
27 for distribution to school districts as part of the same line
28 item in which the general State financial aid of school
29 districts is appropriated under this Section. For purposes of
30 this subsection, the term "Low-Income Concentration Level"
31 shall be the low-income eligible pupil count from the most
32 recently available federal census divided by the Average
33 Daily Attendance of the school district. Beginning with the
34 2002-2003 school year, the term "Low-Income Concentration
-16- LRB9112226SMdv
1 Level" shall be based upon a formula that includes the most
2 recently available federal census, the annual family income
3 information received from the Illinois Department of Revenue
4 pursuant to Section 513 of the Illinois Income Tax Act, any
5 other factors considered to be necessary and appropriate in
6 the education of at-risk children, and the Average Daily
7 Attendance of the school district; provided that a Committee
8 on Supplemental Education for At-Risk Children shall be
9 created by the State Board of Education at the conclusion of
10 the year 2000 census for development of a formula pursuant to
11 this subsection for consideration by the Governor and General
12 Assembly in the State fiscal year 2002 budget. If, however,
13 the percentage decrease from the 2 most recent federal
14 censuses in the low-income eligible pupil count of a high
15 school district with fewer than 400 students exceeds by 75%
16 or more the percentage change in the total low-income
17 eligible pupil count of contiguous elementary school
18 districts, whose boundaries are coterminous with the high
19 school district, the high school district's low-income
20 eligible pupil count from the earlier federal census shall be
21 the number used as the low-income eligible pupil count for
22 the high school district, for purposes of this subsection
23 (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
-17- LRB9112226SMdv
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
-18- LRB9112226SMdv
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,
-19- LRB9112226SMdv
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
-20- LRB9112226SMdv
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
-21- LRB9112226SMdv
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
-22- LRB9112226SMdv
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.
-23- LRB9112226SMdv
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
-24- LRB9112226SMdv
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
-25- LRB9112226SMdv
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.
-26- LRB9112226SMdv
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.
-27- LRB9112226SMdv
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.
-28- LRB9112226SMdv
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.