State of Illinois
91st General Assembly
Legislation

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91_SB1536

 
                                               LRB9110636NTks

 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-                LRB9110636NTks
 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-                LRB9110636NTks
 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-                LRB9110636NTks
 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-                LRB9110636NTks
 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 3.00%,  and
22    divided  by  the  district's Average Daily Attendance figure.
23    For school districts maintaining grades kindergarten  through
24    8,  local property tax revenues per pupil shall be calculated
25    as the product of the applicable equalized assessed valuation
26    for the district multiplied by  2.30%,  and  divided  by  the
27    district's  Average  Daily  Attendance  figure.   For  school
28    districts maintaining grades 9 through 12, local property tax
29    revenues per pupil shall be the applicable equalized assessed
30    valuation of the district multiplied by 1.05%, and divided by
31    the district's Average Daily Attendance figure.
32        (4)  The  Corporate  Personal  Property Replacement Taxes
33    paid to each school district during the calendar year 2 years
34    before the calendar year  in  which  a  school  year  begins,
 
                            -6-                LRB9110636NTks
 1    divided  by  the  Average  Daily  Attendance  figure for that
 2    district, shall be added to the local property  tax  revenues
 3    per  pupil  as  derived by the application of the immediately
 4    preceding paragraph (3).  The sum of these per pupil  figures
 5    for  each  school  district  shall constitute Available Local
 6    Resources as that term is utilized in subsection (E)  in  the
 7    calculation of general State aid.

 8    (E)  Computation of General State Aid.
 9        (1)  For  each  school  year, the amount of general State
10    aid allotted to a school district shall be  computed  by  the
11    State Board of Education as provided in this subsection.
12        (2)  For  any  school  district for which Available Local
13    Resources per pupil is less than the product  of  0.93  times
14    the  Foundation  Level,  general  State aid for that district
15    shall be calculated as an  amount  equal  to  the  Foundation
16    Level  minus  Available  Local  Resources,  multiplied by the
17    Average Daily Attendance of the school district.
18        (3)  For any school district for  which  Available  Local
19    Resources  per  pupil is equal to or greater than the product
20    of 0.93 times the Foundation Level and less than the  product
21    of 1.75 times the Foundation Level, the general State aid per
22    pupil  shall  be a decimal proportion of the Foundation Level
23    derived  using  a  linear  algorithm.   Under   this   linear
24    algorithm,  the  calculated general State aid per pupil shall
25    decline  in  direct  linear  fashion  from  0.07  times   the
26    Foundation  Level  for a school district with Available Local
27    Resources equal to the product of 0.93 times  the  Foundation
28    Level,  to  0.05  times  the  Foundation  Level  for a school
29    district with Available Local Resources equal to the  product
30    of  1.75  times  the  Foundation  Level.   The  allocation of
31    general State  aid  for  school  districts  subject  to  this
32    paragraph  3  shall  be  the calculated general State aid per
33    pupil figure multiplied by the Average  Daily  Attendance  of
34    the school district.
 
                            -7-                LRB9110636NTks
 1        (4)  For  any  school  district for which Available Local
 2    Resources per pupil equals or exceeds  the  product  of  1.75
 3    times  the  Foundation  Level,  the general State aid for the
 4    school district shall be calculated as the  product  of  $218
 5    multiplied  by  the  Average  Daily  Attendance of the school
 6    district.
 7        (5)  The amount of  general  State  aid  allocated  to  a
 8    school  district  for  the  1999-2000 school year meeting the
 9    requirements set forth in paragraph  (4)  of  subsection  (G)
10    shall  be  increased  by an amount equal to the general State
11    aid that would have been received by  the  district  for  the
12    1998-1999  school  year by utilizing the Extension Limitation
13    Equalized Assessed Valuation as calculated in  paragraph  (4)
14    of subsection (G) less the general State aid allotted for the
15    1998-1999  school  year.   This  amount shall be deemed a one
16    time increase, and shall not affect any future general  State
17    aid allocations.

18    (F)  Compilation of Average Daily Attendance.
19        (1)  Each  school district shall, by July 1 of each year,
20    submit to the State Board of Education, on  forms  prescribed
21    by  the  State Board of Education, attendance figures for the
22    school year that began in the preceding calendar  year.   The
23    attendance  information  so  transmitted  shall  identify the
24    average daily attendance figures for each month of the school
25    year, except that any days of attendance in August  shall  be
26    added to the month of September and any days of attendance in
27    June shall be added to the month of May.
28        Except  as  otherwise  provided  in this Section, days of
29    attendance by pupils shall be counted only  for  sessions  of
30    not  less  than  5  clock  hours of school work per day under
31    direct supervision of: (i)  teachers,  or  (ii)  non-teaching
32    personnel   or   volunteer   personnel   when   engaging   in
33    non-teaching   duties  and  supervising  in  those  instances
34    specified in subsection (a) of Section 10-22.34 and paragraph
 
                            -8-                LRB9110636NTks
 1    10 of Section 34-18, with pupils of legal school age  and  in
 2    kindergarten and grades 1 through 12.
 3        Days  of attendance by tuition pupils shall be accredited
 4    only to the districts that pay the tuition  to  a  recognized
 5    school.
 6        (2)  Days  of  attendance  by pupils of less than 5 clock
 7    hours of school shall be subject to the following  provisions
 8    in the compilation of Average Daily Attendance.
 9             (a)  Pupils  regularly  enrolled  in a public school
10        for only a part of the school day may be counted  on  the
11        basis  of  1/6 day for every class hour of instruction of
12        40 minutes or more attended pursuant to such enrollment.
13             (b)  Days of attendance may be  less  than  5  clock
14        hours  on the opening and closing of the school term, and
15        upon the first day of pupil attendance, if preceded by  a
16        day  or  days  utilized  as  an  institute  or  teachers'
17        workshop.
18             (c)  A  session  of  4  or  more  clock hours may be
19        counted as a day of attendance upon certification by  the
20        regional   superintendent,  and  approved  by  the  State
21        Superintendent  of  Education  to  the  extent  that  the
22        district has been forced to use daily multiple sessions.
23             (d)  A session of 3  or  more  clock  hours  may  be
24        counted  as a day of attendance (1) when the remainder of
25        the school day or at least 2 hours in the evening of that
26        day is utilized for an in-service  training  program  for
27        teachers,  up  to  a maximum of 5 days per school year of
28        which a maximum of 4 days of such 5 days may be used  for
29        parent-teacher  conferences, provided a district conducts
30        an in-service training program  for  teachers  which  has
31        been  approved  by the State Superintendent of Education;
32        or, in lieu of 4 such days, 2 full days may be  used,  in
33        which  event  each  such  day  may be counted as a day of
34        attendance; and  (2)  when  days  in  addition  to  those
 
                            -9-                LRB9110636NTks
 1        provided  in  item (1) are scheduled by a school pursuant
 2        to its school improvement plan adopted under  Article  34
 3        or its revised or amended school improvement plan adopted
 4        under  Article 2, provided that (i) such sessions of 3 or
 5        more clock  hours  are  scheduled  to  occur  at  regular
 6        intervals, (ii) the remainder of the school days in which
 7        such  sessions occur are utilized for in-service training
 8        programs  or  other  staff  development  activities   for
 9        teachers,  and  (iii)  a  sufficient number of minutes of
10        school work under the direct supervision of teachers  are
11        added to the school days between such regularly scheduled
12        sessions  to  accumulate  not  less  than  the  number of
13        minutes by which such sessions of 3 or more  clock  hours
14        fall  short  of 5 clock hours. Any full days used for the
15        purposes of this paragraph shall not  be  considered  for
16        computing  average  daily attendance.  Days scheduled for
17        in-service   training   programs,    staff    development
18        activities,   or   parent-teacher   conferences   may  be
19        scheduled  separately  for  different  grade  levels  and
20        different attendance centers of the district.
21             (e)  A session of not less than one  clock  hour  of
22        teaching  hospitalized  or homebound pupils on-site or by
23        telephone to the classroom may be counted as 1/2  day  of
24        attendance,  however  these pupils must receive 4 or more
25        clock hours of instruction to be counted for a  full  day
26        of attendance.
27             (f)  A  session  of  at  least  4 clock hours may be
28        counted as a day of attendance for  first  grade  pupils,
29        and  pupils in full day kindergartens, and a session of 2
30        or more hours may be counted as 1/2 day of attendance  by
31        pupils  in  kindergartens  which  provide only 1/2 day of
32        attendance.
33             (g)  For children with disabilities  who  are  below
34        the  age of 6 years and who cannot attend 2 or more clock
 
                            -10-               LRB9110636NTks
 1        hours  because  of  their  disability  or  immaturity,  a
 2        session of not less than one clock hour may be counted as
 3        1/2 day of attendance; however for  such  children  whose
 4        educational needs so require a session of 4 or more clock
 5        hours may be counted as a full day of attendance.
 6             (h)  A  recognized  kindergarten  which provides for
 7        only 1/2 day of attendance by each pupil shall  not  have
 8        more  than  1/2 day of attendance counted in any one day.
 9        However, kindergartens may count 2 1/2 days of attendance
10        in any 5 consecutive school days.  When a  pupil  attends
11        such  a  kindergarten  for  2 half days on any one school
12        day, the pupil shall have the  following  day  as  a  day
13        absent  from  school,  unless the school district obtains
14        permission in writing from the  State  Superintendent  of
15        Education.  Attendance at kindergartens which provide for
16        a  full  day of attendance by each pupil shall be counted
17        the same as attendance by first grade pupils.   Only  the
18        first  year  of  attendance  in one kindergarten shall be
19        counted, except in  case  of  children  who  entered  the
20        kindergarten   in  their  fifth  year  whose  educational
21        development requires a second  year  of  kindergarten  as
22        determined  under  the rules and regulations of the State
23        Board of Education.

24    (G)  Equalized Assessed Valuation Data.
25        (1)  For purposes of the calculation of  Available  Local
26    Resources  required  pursuant  to  subsection  (D), the State
27    Board of  Education  shall  secure  from  the  Department  of
28    Revenue  the value as equalized or assessed by the Department
29    of Revenue of all taxable property of every school  district,
30    together  with  (i) the applicable tax rate used in extending
31    taxes for the funds of the district as of September 30 of the
32    previous year and (ii)  the  limiting  rate  for  all  school
33    districts  subject  to  property tax extension limitations as
34    imposed under the Property Tax Extension Limitation Law.
 
                            -11-               LRB9110636NTks
 1        This equalized assessed valuation, as adjusted further by
 2    the requirements of this subsection, shall be utilized in the
 3    calculation of Available Local Resources.
 4        (2)  The equalized assessed valuation  in  paragraph  (1)
 5    shall be adjusted, as applicable, in the following manner:
 6             (a)  For the purposes of calculating State aid under
 7        this  Section,  with  respect  to  any  part  of a school
 8        district within a redevelopment project area  in  respect
 9        to   which  a  municipality  has  adopted  tax  increment
10        allocation  financing  pursuant  to  the  Tax   Increment
11        Allocation  Redevelopment Act, Sections 11-74.4-1 through
12        11-74.4-11  of  the  Illinois  Municipal  Code   or   the
13        Industrial  Jobs Recovery Law, Sections 11-74.6-1 through
14        11-74.6-50 of the Illinois Municipal Code, no part of the
15        current equalized assessed  valuation  of  real  property
16        located in any such project area which is attributable to
17        an  increase  above  the total initial equalized assessed
18        valuation of such property shall be used as part  of  the
19        equalized  assessed valuation of the district, until such
20        time as all redevelopment project costs have  been  paid,
21        as  provided  in  Section  11-74.4-8 of the Tax Increment
22        Allocation Redevelopment Act or in Section 11-74.6-35  of
23        the Industrial Jobs Recovery Law.  For the purpose of the
24        equalized  assessed  valuation of the district, the total
25        initial  equalized  assessed  valuation  or  the  current
26        equalized assessed valuation, whichever is  lower,  shall
27        be  used  until  such  time  as all redevelopment project
28        costs have been paid.
29             (b)  The real property equalized assessed  valuation
30        for  a  school  district shall be adjusted by subtracting
31        from the real property value as equalized or assessed  by
32        the  Department  of  Revenue  for  the district an amount
33        computed by dividing the amount of any abatement of taxes
34        under Section 18-170 of the Property Tax  Code  by  3.00%
 
                            -12-               LRB9110636NTks
 1        for  a  district  maintaining grades kindergarten through
 2        12,  by  2.30%  for   a   district   maintaining   grades
 3        kindergarten  through  8,  or  by  1.05%  for  a district
 4        maintaining grades 9 through 12 and adjusted by an amount
 5        computed by dividing the amount of any abatement of taxes
 6        under subsection (a) of Section 18-165  of  the  Property
 7        Tax  Code  by the same percentage rates for district type
 8        as specified in this subparagraph (b).
 9        (3)  For the 1999-2000 school year and each  school  year
10    thereafter, if a school district meets all of the criteria of
11    this subsection (G)(3), the school district's Available Local
12    Resources  shall be calculated under subsection (D) using the
13    district's Extension Limitation Equalized Assessed  Valuation
14    as calculated under this subsection (G)(3).
15        For  purposes  of  this  subsection  (G)(3) the following
16    terms shall have the following meanings:
17             "Budget Year":  The school year  for  which  general
18        State aid is calculated and awarded under subsection (E).
19             "Base  Tax Year": The property tax levy year used to
20        calculate the Budget Year  allocation  of  general  State
21        aid.
22             "Preceding  Tax  Year":  The  property tax levy year
23        immediately preceding the Base Tax Year.
24             "Base Tax Year's Tax Extension": The product of  the
25        equalized assessed valuation utilized by the County Clerk
26        in  the  Base Tax Year multiplied by the limiting rate as
27        calculated  by  the  County  Clerk  and  defined  in  the
28        Property Tax Extension Limitation Law.
29             "Preceding Tax Year's Tax Extension": The product of
30        the equalized assessed valuation utilized by  the  County
31        Clerk  in  the  Preceding  Tax  Year  multiplied  by  the
32        Operating Tax Rate as defined in subsection (A).
33             "Extension  Limitation  Ratio":  A  numerical ratio,
34        certified by the County Clerk, in which the numerator  is
 
                            -13-               LRB9110636NTks
 1        the  Base Tax Year's Tax Extension and the denominator is
 2        the Preceding Tax Year's Tax Extension.
 3             "Operating Tax Rate":  The  operating  tax  rate  as
 4        defined in subsection (A).
 5        If a school district is subject to property tax extension
 6    limitations  as  imposed  under  the  Property  Tax Extension
 7    Limitation Law, and if the Available Local Resources of  that
 8    school  district  as  calculated  pursuant  to subsection (D)
 9    using the Base Tax Year are less than  the  product  of  1.75
10    times  the  Foundation  Level  for the Budget Year, the State
11    Board of Education shall calculate the  Extension  Limitation
12    Equalized  Assessed  Valuation  of  that  district.   For the
13    1999-2000 school year,  the  Extension  Limitation  Equalized
14    Assessed  Valuation of a school district as calculated by the
15    State Board of Education shall be equal to the product of the
16    district's  1996  Equalized  Assessed   Valuation   and   the
17    district's  Extension  Limitation  Ratio.   For the 2000-2001
18    school year and each school year  thereafter,  the  Extension
19    Limitation  Equalized Assessed Valuation of a school district
20    as calculated by the State Board of Education shall be  equal
21    to  the  product  of the last calculated Extension Limitation
22    Equalized Assessed Valuation  and  the  district's  Extension
23    Limitation  Ratio.  If  the  Extension  Limitation  Equalized
24    Assessed  Valuation  of a school district as calculated under
25    this subsection (G)(3) is less than the district's  equalized
26    assessed  valuation  as  calculated  pursuant  to subsections
27    (G)(1) and (G)(2),  then  for  purposes  of  calculating  the
28    district's  general State aid for the Budget Year pursuant to
29    subsection (E), that Extension Limitation Equalized  Assessed
30    Valuation  shall  be  utilized  to  calculate  the district's
31    Available Local Resources under subsection (D).
32        (4)  For the purposes of calculating  general  State  aid
33    for  the  1999-2000  school  year  only, if a school district
34    experienced  a  triennial  reassessment  on   the   equalized
 
                            -14-               LRB9110636NTks
 1    assessed  valuation  used  in  calculating  its general State
 2    financial aid apportionment for the  1998-1999  school  year,
 3    the  State  Board  of Education shall calculate the Extension
 4    Limitation Equalized Assessed Valuation that would have  been
 5    used to calculate the district's 1998-1999 general State aid.
 6    This amount shall equal the product of the equalized assessed
 7    valuation  used  to  calculate  general  State  aid  for  the
 8    1997-1998 school year and the district's Extension Limitation
 9    Ratio.    If  the  Extension  Limitation  Equalized  Assessed
10    Valuation of the school district  as  calculated  under  this
11    paragraph  (4) is less than the district's equalized assessed
12    valuation utilized in calculating  the  district's  1998-1999
13    general   State   aid   allocation,   then  for  purposes  of
14    calculating the district's  general  State  aid  pursuant  to
15    paragraph  (5)  of  subsection (E), that Extension Limitation
16    Equalized Assessed Valuation shall be utilized  to  calculate
17    the district's Available Local Resources.
18        (5)  For  school  districts  having  a  majority of their
19    equalized assessed  valuation  in  any  county  except  Cook,
20    DuPage,  Kane,  Lake,  McHenry,  or  Will,  if  the amount of
21    general State aid allocated to the school  district  for  the
22    1999-2000 school year under the provisions of subsection (E),
23    (H),  and  (J)  of  this  Section  is less than the amount of
24    general State aid allocated to the district for the 1998-1999
25    school year under these subsections, then the  general  State
26    aid  of the district for the 1999-2000 school year only shall
27    be increased by the difference between  these  amounts.   The
28    total payments made under this paragraph (5) shall not exceed
29    $14,000,000.    Claims  shall  be  prorated  if  they  exceed
30    $14,000,000.

31    (H)  Supplemental General State Aid.
32        (1)  In addition  to  the  general  State  aid  a  school
33    district  is  allotted pursuant to subsection (E), qualifying
34    school districts shall receive a grant, paid  in  conjunction
 
                            -15-               LRB9110636NTks
 1    with   a  district's  payments  of  general  State  aid,  for
 2    supplemental general State aid based upon  the  concentration
 3    level  of  children  from  low-income  households  within the
 4    school district. Supplemental State aid grants  provided  for
 5    school  districts under this subsection shall be appropriated
 6    for distribution to school districts as part of the same line
 7    item in which the  general  State  financial  aid  of  school
 8    districts is appropriated under this Section. For purposes of
 9    this  subsection,  the  term "Low-Income Concentration Level"
10    shall be the low-income eligible pupil count  from  the  most
11    recently  available  federal  census  divided  by the Average
12    Daily Attendance of the school  district.  If,  however,  the
13    percentage  decrease  from the 2 most recent federal censuses
14    in the low-income eligible  pupil  count  of  a  high  school
15    district  with fewer than 400 students exceeds by 75% or more
16    the percentage change in the total low-income eligible  pupil
17    count   of  contiguous  elementary  school  districts,  whose
18    boundaries are coterminous with the high school district, the
19    high school district's low-income eligible pupil  count  from
20    the  earlier  federal  census shall be the number used as the
21    low-income eligible pupil count for the high school district,
22    for purposes of this subsection (H).
23        (2)  Supplemental general  State  aid  pursuant  to  this
24    subsection shall be provided as follows:
25             (a)  For  any  school  district  with  a  Low Income
26        Concentration Level of more than 0% and  less  than  20%,
27        the grant for any school year shall be $500 multiplied by
28        the low income eligible pupil count.
29             (a-5) (a)  For any school district with a Low Income
30        Concentration  Level  of  at least 20% and less than 35%,
31        the grant for any school year shall be $800 multiplied by
32        the low income eligible pupil count.
33             (b)  For any  school  district  with  a  Low  Income
34        Concentration  Level  of  at least 35% and less than 50%,
 
                            -16-               LRB9110636NTks
 1        the grant for the 1998-1999 school year shall  be  $1,100
 2        multiplied by the low income eligible pupil count.
 3             (c)  For  any  school  district  with  a  Low Income
 4        Concentration Level of at least 50% and  less  than  60%,
 5        the  grant  for  the  1998-99 school year shall be $1,500
 6        multiplied by the low income eligible pupil count.
 7             (d)  For any  school  district  with  a  Low  Income
 8        Concentration  Level  of  60%  or more, the grant for the
 9        1998-99 school year shall be $1,900 multiplied by the low
10        income eligible pupil count.
11             (e)  For the 1999-2000 school year,  the  per  pupil
12        amount  specified  in  subparagraphs  (b),  (c),  and (d)
13        immediately above shall be increased to  $1,243,  $1,600,
14        and $2,000, respectively.
15             (f)  For  the  2000-2001  school year, the per pupil
16        amounts specified in  subparagraphs  (b),  (c),  and  (d)
17        immediately  above  shall  be $1,273, $1,640, and $2,050,
18        respectively.
19        (3)  School districts with an Average Daily Attendance of
20    more than  1,000  and  less  than  50,000  that  qualify  for
21    supplemental  general  State  aid pursuant to this subsection
22    shall submit a plan to the State Board of Education prior  to
23    October  30  of  each year for the use of the funds resulting
24    from this grant of supplemental general  State  aid  for  the
25    improvement  of  instruction  in  which  priority is given to
26    meeting the education needs of disadvantaged children.   Such
27    plan   shall  be  submitted  in  accordance  with  rules  and
28    regulations promulgated by the State Board of Education.
29        (4)  School districts with an Average Daily Attendance of
30    50,000 or more that qualify for  supplemental  general  State
31    aid   pursuant  to  this  subsection  shall  be  required  to
32    distribute from funds available pursuant to this Section,  no
33    less  than  $261,000,000  in  accordance  with  the following
34    requirements:
 
                            -17-               LRB9110636NTks
 1             (a)  The required amounts shall  be  distributed  to
 2        the  attendance centers within the district in proportion
 3        to the number  of  pupils  enrolled  at  each  attendance
 4        center  who are eligible to receive free or reduced-price
 5        lunches or breakfasts under the federal  Child  Nutrition
 6        Act  of  1966  and  under  the  National School Lunch Act
 7        during the immediately preceding school year.
 8             (b)  The   distribution   of   these   portions   of
 9        supplemental  and  general  State  aid  among  attendance
10        centers according to  these  requirements  shall  not  be
11        compensated  for  or  contravened  by  adjustments of the
12        total of  other  funds  appropriated  to  any  attendance
13        centers, and the Board of Education shall utilize funding
14        from  one  or several sources in order to fully implement
15        this provision annually prior to the opening of school.
16             (c)  Each attendance center shall be provided by the
17        school district a distribution  of  noncategorical  funds
18        and other categorical funds to which an attendance center
19        is entitled under law in order that the general State aid
20        and   supplemental   general   State   aid   provided  by
21        application of this subsection  supplements  rather  than
22        supplants  the noncategorical funds and other categorical
23        funds provided by the school district to  the  attendance
24        centers.
25             (d)  Any  funds made available under this subsection
26        that by reason of the provisions of this  subsection  are
27        not  required  to be allocated and provided to attendance
28        centers may be used and appropriated by the board of  the
29        district for any lawful school purpose.
30             (e)  Funds received by an attendance center pursuant
31        to this subsection shall be used by the attendance center
32        at  the  discretion  of  the  principal  and local school
33        council for programs to improve educational opportunities
34        at qualifying schools through the following programs  and
 
                            -18-               LRB9110636NTks
 1        services:  early  childhood education, reduced class size
 2        or improved adult to student classroom ratio,  enrichment
 3        programs,  remedial  assistance,  attendance improvement,
 4        and other  educationally  beneficial  expenditures  which
 5        supplement  the  regular and basic programs as determined
 6        by the State Board of Education.   Funds  provided  shall
 7        not be expended for any political or lobbying purposes as
 8        defined by board rule.
 9             (f)  Each district subject to the provisions of this
10        subdivision  (H)(4)  shall  submit  an acceptable plan to
11        meet the educational needs of disadvantaged children,  in
12        compliance  with  the  requirements of this paragraph, to
13        the State Board of Education prior to  July  15  of  each
14        year. This plan shall be consistent with the decisions of
15        local  school  councils concerning the school expenditure
16        plans developed in accordance  with  part  4  of  Section
17        34-2.3.  The State Board shall approve or reject the plan
18        within  60  days  after  its  submission.  If the plan is
19        rejected, the  district  shall  give  written  notice  of
20        intent   to  modify  the  plan  within  15  days  of  the
21        notification of rejection and then submit a modified plan
22        within 30 days after the date of the  written  notice  of
23        intent  to  modify.    Districts may amend approved plans
24        pursuant to rules  promulgated  by  the  State  Board  of
25        Education.
26             Upon  notification  by  the State Board of Education
27        that the district has not submitted a plan prior to  July
28        15  or  a  modified plan within the time period specified
29        herein, the State aid funds  affected  by  that  plan  or
30        modified  plan  shall  be  withheld by the State Board of
31        Education until a plan or modified plan is submitted.
32             If the district fails to  distribute  State  aid  to
33        attendance  centers  in accordance with an approved plan,
34        the plan for the following year shall allocate funds,  in
 
                            -19-               LRB9110636NTks
 1        addition   to   the  funds  otherwise  required  by  this
 2        subsection,  to  those  attendance  centers  which   were
 3        underfunded  during the previous year in amounts equal to
 4        such underfunding.
 5             For purposes of  determining  compliance  with  this
 6        subsection  in relation to the requirements of attendance
 7        center funding, each district subject to  the  provisions
 8        of this subsection shall submit as a separate document by
 9        December  1 of each year a report of expenditure data for
10        the prior year in addition to  any  modification  of  its
11        current  plan.  If it is determined that there has been a
12        failure to comply with the expenditure provisions of this
13        subsection regarding contravention  or  supplanting,  the
14        State  Superintendent  of Education shall, within 60 days
15        of receipt of the report, notify  the  district  and  any
16        affected local school council.  The district shall within
17        45  days of receipt of that notification inform the State
18        Superintendent of Education of the remedial or corrective
19        action to be taken, whether  by amendment of the  current
20        plan,  if  feasible, or by adjustment in the plan for the
21        following  year.   Failure  to  provide  the  expenditure
22        report or the  notification  of  remedial  or  corrective
23        action  in  a timely manner shall result in a withholding
24        of the affected funds.
25             The State Board of Education shall promulgate  rules
26        and  regulations  to  implement  the  provisions  of this
27        subsection.   No  funds  shall  be  released  under  this
28        subdivision (H)(4) to any district that has not submitted
29        a plan that has been  approved  by  the  State  Board  of
30        Education.

31    (I)  General State Aid for Newly Configured School Districts.
32        (1)  For  a  new  school  district  formed  by  combining
33    property   included  totally  within  2  or  more  previously
34    existing school districts, for its first  year  of  existence
 
                            -20-               LRB9110636NTks
 1    the  general  State  aid  and  supplemental general State aid
 2    calculated under this Section shall be computed for  the  new
 3    district  and for the previously existing districts for which
 4    property is totally included within the new district.  If the
 5    computation on the basis of the previously existing districts
 6    is greater, a supplementary payment equal to  the  difference
 7    shall  be  made for the first 4 years of existence of the new
 8    district.
 9        (2)  For a school  district  which  annexes  all  of  the
10    territory  of  one or more entire other school districts, for
11    the  first  year  during  which  the  change  of   boundaries
12    attributable  to  such  annexation  becomes effective for all
13    purposes as determined under Section 7-9 or 7A-8, the general
14    State aid and supplemental general State aid calculated under
15    this Section shall be computed for the annexing  district  as
16    constituted  after  the  annexation  and for the annexing and
17    each annexed district as constituted prior to the annexation;
18    and if the computation on  the  basis  of  the  annexing  and
19    annexed  districts  as constituted prior to the annexation is
20    greater, a supplementary  payment  equal  to  the  difference
21    shall  be  made  for  the  first  4 years of existence of the
22    annexing school district as constituted upon such annexation.
23        (3)  For 2 or more school districts which  annex  all  of
24    the  territory  of one or more entire other school districts,
25    and for 2 or more community unit districts which result  upon
26    the  division  (pursuant  to petition under Section 11A-2) of
27    one or more other unit school districts into 2 or more  parts
28    and  which  together include all of the parts into which such
29    other unit school district or districts are so  divided,  for
30    the   first  year  during  which  the  change  of  boundaries
31    attributable to such annexation or division becomes effective
32    for all purposes as determined under Section 7-9  or  11A-10,
33    as  the  case  may be, the general State aid and supplemental
34    general State aid calculated  under  this  Section  shall  be
 
                            -21-               LRB9110636NTks
 1    computed   for   each   annexing  or  resulting  district  as
 2    constituted after the annexation or  division  and  for  each
 3    annexing  and  annexed  district,  or  for each resulting and
 4    divided district, as constituted prior to the  annexation  or
 5    division;  and  if the aggregate of the general State aid and
 6    supplemental  general  State  aid  as  so  computed  for  the
 7    annexing or resulting  districts  as  constituted  after  the
 8    annexation  or  division  is  less  than the aggregate of the
 9    general State aid and supplemental general State  aid  as  so
10    computed  for  the annexing and annexed districts, or for the
11    resulting and divided districts, as constituted prior to  the
12    annexation or division, then a supplementary payment equal to
13    the  difference  shall be made and allocated between or among
14    the annexing or resulting districts, as constituted upon such
15    annexation or division,  for  the  first  4  years  of  their
16    existence.   The  total difference payment shall be allocated
17    between or among the annexing or resulting districts  in  the
18    same  ratio  as the pupil enrollment from that portion of the
19    annexed or divided district or districts which is annexed  to
20    or included in each such annexing or resulting district bears
21    to  the  total  pupil  enrollment  from the entire annexed or
22    divided district or districts, as such  pupil  enrollment  is
23    determined  for the school year last ending prior to the date
24    when the change of boundaries attributable to the  annexation
25    or  division  becomes effective for all purposes.  The amount
26    of the total difference payment and the amount thereof to  be
27    allocated  to  the  annexing  or resulting districts shall be
28    computed by the State Board of  Education  on  the  basis  of
29    pupil  enrollment  and other data which shall be certified to
30    the State Board of Education, on forms which it shall provide
31    for that purpose, by the regional superintendent  of  schools
32    for each educational service region in which the annexing and
33    annexed  districts,  or  resulting  and divided districts are
34    located.
 
                            -22-               LRB9110636NTks
 1        (3.5)  Claims  for  financial   assistance   under   this
 2    subsection  (I)  shall  not be recomputed except as expressly
 3    provided under this Section.
 4        (4)  Any supplementary payment made under this subsection
 5    (I) shall be treated as separate from all other payments made
 6    pursuant to this Section.

 7    (J)  Supplementary Grants in Aid.
 8        (1)  Notwithstanding  any  other   provisions   of   this
 9    Section,  the  amount  of  the aggregate general State aid in
10    combination with supplemental general State  aid  under  this
11    Section  for  which each school district is eligible shall be
12    no less than the amount of the aggregate  general  State  aid
13    entitlement  that  was received by the district under Section
14    18-8 (exclusive of amounts received  under  subsections  5(p)
15    and  5(p-5)  of  that  Section)  for the 1997-98 school year,
16    pursuant to the provisions of that Section as it was then  in
17    effect.   If   a  school  district  qualifies  to  receive  a
18    supplementary payment made under  this  subsection  (J),  the
19    amount of the aggregate general State aid in combination with
20    supplemental general State aid under this Section  which that
21    district is eligible to receive for each school year shall be
22    no  less  than  the amount of the aggregate general State aid
23    entitlement that was received by the district  under  Section
24    18-8  (exclusive  of  amounts received under subsections 5(p)
25    and 5(p-5) of that Section) for the  1997-1998  school  year,
26    pursuant  to the provisions of that Section as it was then in
27    effect.
28        (2)  If, as provided in paragraph (1) of this  subsection
29    (J),  a school district is to receive aggregate general State
30    aid in combination with supplemental general State aid  under
31    this  Section  for the 1998-99 school year and any subsequent
32    school year that in any such school year  is  less  than  the
33    amount  of  the  aggregate general State aid entitlement that
34    the district received for the 1997-98 school year, the school
 
                            -23-               LRB9110636NTks
 1    district shall also receive, from  a  separate  appropriation
 2    made  for  purposes  of  this subsection (J), a supplementary
 3    payment that is equal to the amount of the difference in  the
 4    aggregate State aid figures as described in paragraph (1).
 5        (3)  (Blank).

 6    (K)  Grants to Laboratory and Alternative Schools.
 7        In  calculating  the  amount  to be paid to the governing
 8    board of a  public  university  that  operates  a  laboratory
 9    school  under  this Section or to any alternative school that
10    is operated by a  regional  superintendent  of  schools,  the
11    State Board of Education shall require by rule such reporting
12    requirements as it deems necessary.
13        As  used  in  this  Section,  "laboratory school" means a
14    public school which is  created  and  operated  by  a  public
15    university and approved by the State Board of Education.  The
16    governing  board  of a public university which receives funds
17    from the State  Board  under  this  subsection  (K)  may  not
18    increase  the  number  of students enrolled in its laboratory
19    school from a single district, if that  district  is  already
20    sending  50 or more students, except under a mutual agreement
21    between the school board of a student's district of residence
22    and the university which operates the laboratory  school.   A
23    laboratory  school  may  not  have  more than 1,000 students,
24    excluding students with disabilities in a  special  education
25    program.
26        As  used  in  this  Section, "alternative school" means a
27    public school which is created and  operated  by  a  Regional
28    Superintendent  of Schools and approved by the State Board of
29    Education.  Such alternative schools  may  offer  courses  of
30    instruction  for  which  credit  is  given  in regular school
31    programs, courses to prepare students  for  the  high  school
32    equivalency  testing  program  or vocational and occupational
33    training.   A regional superintendent of schools may contract
34    with a school district or a public community college district
 
                            -24-               LRB9110636NTks
 1    to operate an  alternative  school.   An  alternative  school
 2    serving  more  than  one  educational  service  region may be
 3    established by the regional superintendents of schools of the
 4    affected educational service regions.  An alternative  school
 5    serving  more  than  one  educational  service  region may be
 6    operated under such terms as the regional superintendents  of
 7    schools of those educational service regions may agree.
 8        Each  laboratory  and  alternative  school shall file, on
 9    forms provided by the State Superintendent of  Education,  an
10    annual  State  aid  claim  which  states  the  Average  Daily
11    Attendance  of  the  school's  students by month.  The best 3
12    months' Average Daily Attendance shall be computed  for  each
13    school.  The  general State aid entitlement shall be computed
14    by multiplying the applicable Average Daily Attendance by the
15    Foundation Level as determined under this Section.

16    (L)  Payments,   Additional   Grants   in   Aid   and   Other
17    Requirements.
18        (1)  For a school district operating under the  financial
19    supervision  of  an  Authority created under Article 34A, the
20    general State aid otherwise payable to  that  district  under
21    this  Section,  but  not  the supplemental general State aid,
22    shall be reduced by an amount equal to  the  budget  for  the
23    operations  of the Authority as certified by the Authority to
24    the State Board of Education, and an  amount  equal  to  such
25    reduction  shall  be  paid  to the Authority created for such
26    district for its operating expenses in the manner provided in
27    Section 18-11.  The remainder of general State school aid for
28    any such district shall be paid in  accordance  with  Article
29    34A  when  that Article provides for a disposition other than
30    that provided by this Article.
31        (2)  (Blank).
32        (3)  Summer school.  Summer school payments shall be made
33    as provided in Section 18-4.3.
 
                            -25-               LRB9110636NTks
 1    (M)  Education Funding Advisory Board.
 2        The Education Funding Advisory Board, hereinafter in this
 3    subsection (M) referred to as the "Board", is hereby created.
 4    The Board shall consist of 5 members who are appointed by the
 5    Governor, by and with the advice and consent of  the  Senate.
 6    The   members  appointed  shall  include  representatives  of
 7    education, business, and  the  general  public.  One  of  the
 8    members  so  appointed shall be designated by the Governor at
 9    the time the appointment is made as the  chairperson  of  the
10    Board.  The initial members of the Board may be appointed any
11    time after the effective date of this amendatory Act of 1997.
12    The regular term of each member of the Board shall be  for  4
13    years  from  the third Monday of January of the year in which
14    the term of the member's appointment is to  commence,  except
15    that  of  the  5  initial  members  appointed to serve on the
16    Board, the member who is appointed as the  chairperson  shall
17    serve  for  a  term  that commences on the date of his or her
18    appointment and expires on the third Monday of January, 2002,
19    and the remaining 4 members,  by  lots  drawn  at  the  first
20    meeting  of  the  Board  that is held after all 5 members are
21    appointed, shall determine 2 of their  number  to  serve  for
22    terms   that   commence  on  the  date  of  their  respective
23    appointments and expire on the third Monday of January, 2001,
24    and 2 of their number to serve for terms that commence on the
25    date of their respective appointments and expire on the third
26    Monday of January, 2000.  All members appointed to  serve  on
27    the  Board  shall serve until their respective successors are
28    appointed and confirmed.  Vacancies shall be  filled  in  the
29    same  manner  as  original  appointments.   If  a  vacancy in
30    membership occurs at  a  time  when  the  Senate  is  not  in
31    session,  the  Governor  shall  make  a temporary appointment
32    until the next meeting of the Senate, when he  or  she  shall
33    appoint,  by and with the advice and consent of the Senate, a
34    person to fill that membership for the  unexpired  term.   If
 
                            -26-               LRB9110636NTks
 1    the  Senate  is  not in session when the initial appointments
 2    are made, those appointments shall be made as in the case  of
 3    vacancies.
 4        The  Education  Funding  Advisory  Board  shall be deemed
 5    established,  and  the  initial  members  appointed  by   the
 6    Governor  to serve as members of the Board shall take office,
 7    on the date that the Governor makes his or her appointment of
 8    the fifth initial member of the Board, whether those  initial
 9    members   are   then  serving  pursuant  to  appointment  and
10    confirmation or pursuant to temporary appointments  that  are
11    made by the Governor as in the case of vacancies.
12        The  State  Board  of  Education shall provide such staff
13    assistance to the Education  Funding  Advisory  Board  as  is
14    reasonably  required  for the proper performance by the Board
15    of its responsibilities.
16        For school years after the  2000-2001  school  year,  the
17    Education  Funding  Advisory  Board, in consultation with the
18    State Board  of  Education,  shall  make  recommendations  as
19    provided  in  this subsection (M) to the General Assembly for
20    the foundation level under subdivision (B)(3) of this Section
21    and for the supplemental general State aid grant level  under
22    subsection  (H)  of  this  Section  for  districts  with high
23    concentrations of children  from  poverty.   The  recommended
24    foundation  level  shall be determined based on a methodology
25    which  incorporates  the  basic  education  expenditures   of
26    low-spending  schools  exhibiting  high academic performance.
27    The  Education  Funding  Advisory  Board  shall   make   such
28    recommendations  to  the General Assembly on January 1 of odd
29    numbered years, beginning January 1, 2001.

30    (N)  (Blank).

31    (O)  References.
32        (1)  References in other laws to the various subdivisions
33    of Section 18-8 as that Section existed before its repeal and
 
                            -27-               LRB9110636NTks
 1    replacement by this Section 18-8.05 shall be deemed to  refer
 2    to  the  corresponding provisions of this Section 18-8.05, to
 3    the extent that those references remain applicable.
 4        (2)  References in other laws to State  Chapter  1  funds
 5    shall  be  deemed  to refer to the supplemental general State
 6    aid provided under subsection (H) of this Section.
 7    (Source:  P.A.  90-548,  eff.  7-1-98;  incorporates  90-566;
 8    90-653, eff. 7-29-98;  90-654,  eff.  7-29-98;  90-655,  eff.
 9    7-30-98;  90-802, eff. 12-15-98; 90-815, eff. 2-11-99; 91-24,
10    eff. 7-1-99; 91-93, eff. 7-9-99; 91-96, eff. 7-9-99;  91-111,
11    eff.  7-14-99;  91-357,  eff.  7-29-99; 91-533, eff. 8-13-99;
12    revised 8-27-99.)

13        Section 99.  Effective date.  This Act takes effect  upon
14    becoming law.

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