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92_HB3639 LRB9209570NTsbA 1 AN ACT concerning education. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing 5 Section 18-8.05 as follows: 6 (105 ILCS 5/18-8.05) 7 Sec. 18-8.05. Basis for apportionment of general State 8 financial aid and supplemental general State aid to the 9 common schools for the 1998-1999 and subsequent school years. 10 (A) General Provisions. 11 (1) The provisions of this Section apply to the 12 1998-1999 and subsequent school years. The system of general 13 State financial aid provided for in this Section is designed 14 to assure that, through a combination of State financial aid 15 and required local resources, the financial support provided 16 each pupil in Average Daily Attendance equals or exceeds a 17 prescribed per pupil Foundation Level. This formula approach 18 imputes a level of per pupil Available Local Resources and 19 provides for the basis to calculate a per pupil level of 20 general State financial aid that, when added to Available 21 Local Resources, equals or exceeds the Foundation Level. The 22 amount of per pupil general State financial aid for school 23 districts, in general, varies in inverse relation to 24 Available Local Resources. Per pupil amounts are based upon 25 each school district's Average Daily Attendance as that term 26 is defined in this Section. 27 (2) In addition to general State financial aid, school 28 districts with specified levels or concentrations of pupils 29 from low income households are eligible to receive 30 supplemental general State financial aid grants as provided 31 pursuant to subsection (H). The supplemental State aid grants -2- LRB9209570NTsbA 1 provided for school districts under subsection (H) shall be 2 appropriated for distribution to school districts as part of 3 the same line item in which the general State financial aid 4 of school districts is appropriated under this Section. 5 (3) To receive financial assistance under this Section, 6 school districts are required to file claims with the State 7 Board of Education, subject to the following requirements: 8 (a) Any school district which fails for any given 9 school year to maintain school as required by law, or to 10 maintain a recognized school is not eligible to file for 11 such school year any claim upon the Common School Fund. 12 In case of nonrecognition of one or more attendance 13 centers in a school district otherwise operating 14 recognized schools, the claim of the district shall be 15 reduced in the proportion which the Average Daily 16 Attendance in the attendance center or centers bear to 17 the Average Daily Attendance in the school district. A 18 "recognized school" means any public school which meets 19 the standards as established for recognition by the State 20 Board of Education. A school district or attendance 21 center not having recognition status at the end of a 22 school term is entitled to receive State aid payments due 23 upon a legal claim which was filed while it was 24 recognized. 25 (b) School district claims filed under this Section 26 are subject to Sections 18-9, 18-10, and 18-12, except as 27 otherwise provided in this Section. 28 (c) If a school district operates a full year 29 school under Section 10-19.1, the general State aid to 30 the school district shall be determined by the State 31 Board of Education in accordance with this Section as 32 near as may be applicable. 33 (d) (Blank). 34 (4) Except as provided in subsections (H) and (L), the -3- LRB9209570NTsbA 1 board of any district receiving any of the grants provided 2 for in this Section may apply those funds to any fund so 3 received for which that board is authorized to make 4 expenditures by law. 5 School districts are not required to exert a minimum 6 Operating Tax Rate in order to qualify for assistance under 7 this Section. 8 (5) As used in this Section the following terms, when 9 capitalized, shall have the meaning ascribed herein: 10 (a) "Average Daily Attendance": A count of pupil 11 attendance in school, averaged as provided for in 12 subsection (C) and utilized in deriving per pupil 13 financial support levels. 14 (b) "Available Local Resources": A computation of 15 local financial support, calculated on the basis of 16 Average Daily Attendance and derived as provided pursuant 17 to subsection (D). 18 (c) "Corporate Personal Property Replacement 19 Taxes": Funds paid to local school districts pursuant to 20 "An Act in relation to the abolition of ad valorem 21 personal property tax and the replacement of revenues 22 lost thereby, and amending and repealing certain Acts and 23 parts of Acts in connection therewith", certified August 24 14, 1979, as amended (Public Act 81-1st S.S.-1). 25 (d) "Foundation Level": A prescribed level of per 26 pupil financial support as provided for in subsection 27 (B). 28 (e) "Operating Tax Rate": All school district 29 property taxes extended for all purposes, except Bond and 30 Interest, Summer School, Rent, Capital Improvement, and 31 Vocational Education Building purposes. 32 (B) Foundation Level. 33 (1) The Foundation Level is a figure established by the 34 State representing the minimum level of per pupil financial -4- LRB9209570NTsbA 1 support that should be available to provide for the basic 2 education of each pupil in Average Daily Attendance. As set 3 forth in this Section, each school district is assumed to 4 exert a sufficient local taxing effort such that, in 5 combination with the aggregate of general State financial aid 6 provided the district, an aggregate of State and local 7 resources are available to meet the basic education needs of 8 pupils in the district. 9 (2) For the 1998-1999 school year, the Foundation Level 10 of support is $4,225. For the 1999-2000 school year, the 11 Foundation Level of support is $4,325. For the 2000-2001 12 school year, the Foundation Level of support is $4,425. 13 (3) For the 2001-2002 school year
and each school year14 thereafter, the Foundation Level of support is $4,560 or such15 greater amount as may be established by law by the General16 Assembly. For each school year thereafter, the Foundation 17 Level of support shall be equal to the Foundation Level of 18 support for the preceding school year, increased by (i) the 19 percentage increase, if any, in the Consumer Price Index for 20 All Urban Consumers for all items, published by the United 21 States Department of Labor, during the 12-month calendar year 22 immediately preceding the calendar year in which commences 23 the school year or (ii) 3%, whichever is greater. 24 (C) Average Daily Attendance. 25 (1) For purposes of calculating general State aid 26 pursuant to subsection (E), an Average Daily Attendance 27 figure shall be utilized. The Average Daily Attendance 28 figure for formula calculation purposes shall be the monthly 29 average of the actual number of pupils in attendance of each 30 school district, as further averaged for the best 3 months of 31 pupil attendance for each school district. In compiling the 32 figures for the number of pupils in attendance, school 33 districts and the State Board of Education shall, for 34 purposes of general State aid funding, conform attendance -5- LRB9209570NTsbA 1 figures to the requirements of subsection (F). 2 (2) The Average Daily Attendance figures utilized in 3 subsection (E) shall be the requisite attendance data for the 4 school year immediately preceding the school year for which 5 general State aid is being calculated or the average of the 6 attendance data for the 3 preceding school years, whichever 7 is greater. The Average Daily Attendance figures utilized in 8 subsection (H) shall be the requisite attendance data for the 9 school year immediately preceding the school year for which 10 general State aid is being calculated. 11 (D) Available Local Resources. 12 (1) For purposes of calculating general State aid 13 pursuant to subsection (E), a representation of Available 14 Local Resources per pupil, as that term is defined and 15 determined in this subsection, shall be utilized. Available 16 Local Resources per pupil shall include a calculated dollar 17 amount representing local school district revenues from local 18 property taxes and from Corporate Personal Property 19 Replacement Taxes, expressed on the basis of pupils in 20 Average Daily Attendance. 21 (2) In determining a school district's revenue from 22 local property taxes, the State Board of Education shall 23 utilize the equalized assessed valuation of all taxable 24 property of each school district as of September 30 of the 25 previous year. The equalized assessed valuation utilized 26 shall be obtained and determined as provided in subsection 27 (G). 28 (3) For school districts maintaining grades kindergarten 29 through 12, local property tax revenues per pupil shall be 30 calculated as the product of the applicable equalized 31 assessed valuation for the district multiplied by 3.00%, and 32 divided by the district's Average Daily Attendance figure. 33 For school districts maintaining grades kindergarten through 34 8, local property tax revenues per pupil shall be calculated -6- LRB9209570NTsbA 1 as the product of the applicable equalized assessed valuation 2 for the district multiplied by 2.30%, and divided by the 3 district's Average Daily Attendance figure. For school 4 districts maintaining grades 9 through 12, local property tax 5 revenues per pupil shall be the applicable equalized assessed 6 valuation of the district multiplied by 1.05%, and divided by 7 the district's Average Daily Attendance figure. 8 (4) The Corporate Personal Property Replacement Taxes 9 paid to each school district during the calendar year 2 years 10 before the calendar year in which a school year begins, 11 divided by the Average Daily Attendance figure for that 12 district, shall be added to the local property tax revenues 13 per pupil as derived by the application of the immediately 14 preceding paragraph (3). The sum of these per pupil figures 15 for each school district shall constitute Available Local 16 Resources as that term is utilized in subsection (E) in the 17 calculation of general State aid. 18 (E) Computation of General State Aid. 19 (1) For each school year, the amount of general State 20 aid allotted to a school district shall be computed by the 21 State Board of Education as provided in this subsection. 22 (2) For any school district for which Available Local 23 Resources per pupil is less than the product of 0.93 times 24 the Foundation Level, general State aid for that district 25 shall be calculated as an amount equal to the Foundation 26 Level minus Available Local Resources, multiplied by the 27 Average Daily Attendance of the school district. 28 (3) For any school district for which Available Local 29 Resources per pupil is equal to or greater than the product 30 of 0.93 times the Foundation Level and less than the product 31 of 1.75 times the Foundation Level, the general State aid per 32 pupil shall be a decimal proportion of the Foundation Level 33 derived using a linear algorithm. Under this linear 34 algorithm, the calculated general State aid per pupil shall -7- LRB9209570NTsbA 1 decline in direct linear fashion from 0.07 times the 2 Foundation Level for a school district with Available Local 3 Resources equal to the product of 0.93 times the Foundation 4 Level, to 0.05 times the Foundation Level for a school 5 district with Available Local Resources equal to the product 6 of 1.75 times the Foundation Level. The allocation of 7 general State aid for school districts subject to this 8 paragraph 3 shall be the calculated general State aid per 9 pupil figure multiplied by the Average Daily Attendance of 10 the school district. 11 (4) For any school district for which Available Local 12 Resources per pupil equals or exceeds the product of 1.75 13 times the Foundation Level, the general State aid for the 14 school district shall be calculated as the product of $218 15 multiplied by the Average Daily Attendance of the school 16 district. 17 (5) The amount of general State aid allocated to a 18 school district for the 1999-2000 school year meeting the 19 requirements set forth in paragraph (4) of subsection (G) 20 shall be increased by an amount equal to the general State 21 aid that would have been received by the district for the 22 1998-1999 school year by utilizing the Extension Limitation 23 Equalized Assessed Valuation as calculated in paragraph (4) 24 of subsection (G) less the general State aid allotted for the 25 1998-1999 school year. This amount shall be deemed a one 26 time increase, and shall not affect any future general State 27 aid allocations. 28 (F) Compilation of Average Daily Attendance. 29 (1) Each school district shall, by July 1 of each year, 30 submit to the State Board of Education, on forms prescribed 31 by the State Board of Education, attendance figures for the 32 school year that began in the preceding calendar year. The 33 attendance information so transmitted shall identify the 34 average daily attendance figures for each month of the school -8- LRB9209570NTsbA 1 year, except that any days of attendance in August shall be 2 added to the month of September and any days of attendance in 3 June shall be added to the month of May. 4 Except as otherwise provided in this Section, days of 5 attendance by pupils shall be counted only for sessions of 6 not less than 5 clock hours of school work per day under 7 direct supervision of: (i) teachers, or (ii) non-teaching 8 personnel or volunteer personnel when engaging in 9 non-teaching duties and supervising in those instances 10 specified in subsection (a) of Section 10-22.34 and paragraph 11 10 of Section 34-18, with pupils of legal school age and in 12 kindergarten and grades 1 through 12. 13 Days of attendance by tuition pupils shall be accredited 14 only to the districts that pay the tuition to a recognized 15 school. 16 (2) Days of attendance by pupils of less than 5 clock 17 hours of school shall be subject to the following provisions 18 in the compilation of Average Daily Attendance. 19 (a) Pupils regularly enrolled in a public school 20 for only a part of the school day may be counted on the 21 basis of 1/6 day for every class hour of instruction of 22 40 minutes or more attended pursuant to such enrollment, 23 unless a pupil is enrolled in a block-schedule format of 24 80 minutes or more of instruction, in which case the 25 pupil may be counted on the basis of the proportion of 26 minutes of school work completed each day to the minimum 27 number of minutes that school work is required to be held 28 that day. 29 (b) Days of attendance may be less than 5 clock 30 hours on the opening and closing of the school term, and 31 upon the first day of pupil attendance, if preceded by a 32 day or days utilized as an institute or teachers' 33 workshop. 34 (c) A session of 4 or more clock hours may be -9- LRB9209570NTsbA 1 counted as a day of attendance upon certification by the 2 regional superintendent, and approved by the State 3 Superintendent of Education to the extent that the 4 district has been forced to use daily multiple sessions. 5 (d) A session of 3 or more clock hours may be 6 counted as a day of attendance (1) when the remainder of 7 the school day or at least 2 hours in the evening of that 8 day is utilized for an in-service training program for 9 teachers, up to a maximum of 5 days per school year of 10 which a maximum of 4 days of such 5 days may be used for 11 parent-teacher conferences, provided a district conducts 12 an in-service training program for teachers which has 13 been approved by the State Superintendent of Education; 14 or, in lieu of 4 such days, 2 full days may be used, in 15 which event each such day may be counted as a day of 16 attendance; and (2) when days in addition to those 17 provided in item (1) are scheduled by a school pursuant 18 to its school improvement plan adopted under Article 34 19 or its revised or amended school improvement plan adopted 20 under Article 2, provided that (i) such sessions of 3 or 21 more clock hours are scheduled to occur at regular 22 intervals, (ii) the remainder of the school days in which 23 such sessions occur are utilized for in-service training 24 programs or other staff development activities for 25 teachers, and (iii) a sufficient number of minutes of 26 school work under the direct supervision of teachers are 27 added to the school days between such regularly scheduled 28 sessions to accumulate not less than the number of 29 minutes by which such sessions of 3 or more clock hours 30 fall short of 5 clock hours. Any full days used for the 31 purposes of this paragraph shall not be considered for 32 computing average daily attendance. Days scheduled for 33 in-service training programs, staff development 34 activities, or parent-teacher conferences may be -10- LRB9209570NTsbA 1 scheduled separately for different grade levels and 2 different attendance centers of the district. 3 (e) A session of not less than one clock hour of 4 teaching hospitalized or homebound pupils on-site or by 5 telephone to the classroom may be counted as 1/2 day of 6 attendance, however these pupils must receive 4 or more 7 clock hours of instruction to be counted for a full day 8 of attendance. 9 (f) A session of at least 4 clock hours may be 10 counted as a day of attendance for first grade pupils, 11 and pupils in full day kindergartens, and a session of 2 12 or more hours may be counted as 1/2 day of attendance by 13 pupils in kindergartens which provide only 1/2 day of 14 attendance. 15 (g) For children with disabilities who are below 16 the age of 6 years and who cannot attend 2 or more clock 17 hours because of their disability or immaturity, a 18 session of not less than one clock hour may be counted as 19 1/2 day of attendance; however for such children whose 20 educational needs so require a session of 4 or more clock 21 hours may be counted as a full day of attendance. 22 (h) A recognized kindergarten which provides for 23 only 1/2 day of attendance by each pupil shall not have 24 more than 1/2 day of attendance counted in any one day. 25 However, kindergartens may count 2 1/2 days of attendance 26 in any 5 consecutive school days. When a pupil attends 27 such a kindergarten for 2 half days on any one school 28 day, the pupil shall have the following day as a day 29 absent from school, unless the school district obtains 30 permission in writing from the State Superintendent of 31 Education. Attendance at kindergartens which provide for 32 a full day of attendance by each pupil shall be counted 33 the same as attendance by first grade pupils. Only the 34 first year of attendance in one kindergarten shall be -11- LRB9209570NTsbA 1 counted, except in case of children who entered the 2 kindergarten in their fifth year whose educational 3 development requires a second year of kindergarten as 4 determined under the rules and regulations of the State 5 Board of Education. 6 (G) Equalized Assessed Valuation Data. 7 (1) For purposes of the calculation of Available Local 8 Resources required pursuant to subsection (D), the State 9 Board of Education shall secure from the Department of 10 Revenue the value as equalized or assessed by the Department 11 of Revenue of all taxable property of every school district, 12 together with (i) the applicable tax rate used in extending 13 taxes for the funds of the district as of September 30 of the 14 previous year and (ii) the limiting rate for all school 15 districts subject to property tax extension limitations as 16 imposed under the Property Tax Extension Limitation Law. 17 This equalized assessed valuation, as adjusted further by 18 the requirements of this subsection, shall be utilized in the 19 calculation of Available Local Resources. 20 (2) The equalized assessed valuation in paragraph (1) 21 shall be adjusted, as applicable, in the following manner: 22 (a) For the purposes of calculating State aid under 23 this Section, with respect to any part of a school 24 district within a redevelopment project area in respect 25 to which a municipality has adopted tax increment 26 allocation financing pursuant to the Tax Increment 27 Allocation Redevelopment Act, Sections 11-74.4-1 through 28 11-74.4-11 of the Illinois Municipal Code or the 29 Industrial Jobs Recovery Law, Sections 11-74.6-1 through 30 11-74.6-50 of the Illinois Municipal Code, no part of the 31 current equalized assessed valuation of real property 32 located in any such project area which is attributable to 33 an increase above the total initial equalized assessed 34 valuation of such property shall be used as part of the -12- LRB9209570NTsbA 1 equalized assessed valuation of the district, until such 2 time as all redevelopment project costs have been paid, 3 as provided in Section 11-74.4-8 of the Tax Increment 4 Allocation Redevelopment Act or in Section 11-74.6-35 of 5 the Industrial Jobs Recovery Law. For the purpose of the 6 equalized assessed valuation of the district, the total 7 initial equalized assessed valuation or the current 8 equalized assessed valuation, whichever is lower, shall 9 be used until such time as all redevelopment project 10 costs have been paid. 11 (b) The real property equalized assessed valuation 12 for a school district shall be adjusted by subtracting 13 from the real property value as equalized or assessed by 14 the Department of Revenue for the district an amount 15 computed by dividing the amount of any abatement of taxes 16 under Section 18-170 of the Property Tax Code by 3.00% 17 for a district maintaining grades kindergarten through 18 12, by 2.30% for a district maintaining grades 19 kindergarten through 8, or by 1.05% for a district 20 maintaining grades 9 through 12 and adjusted by an amount 21 computed by dividing the amount of any abatement of taxes 22 under subsection (a) of Section 18-165 of the Property 23 Tax Code by the same percentage rates for district type 24 as specified in this subparagraph (b). 25 (3) For the 1999-2000 school year and each school year 26 thereafter, if a school district meets all of the criteria of 27 this subsection (G)(3), the school district's Available Local 28 Resources shall be calculated under subsection (D) using the 29 district's Extension Limitation Equalized Assessed Valuation 30 as calculated under this subsection (G)(3). 31 For purposes of this subsection (G)(3) the following 32 terms shall have the following meanings: 33 "Budget Year": The school year for which general 34 State aid is calculated and awarded under subsection (E). -13- LRB9209570NTsbA 1 "Base Tax Year": The property tax levy year used to 2 calculate the Budget Year allocation of general State 3 aid. 4 "Preceding Tax Year": The property tax levy year 5 immediately preceding the Base Tax Year. 6 "Base Tax Year's Tax Extension": The product of the 7 equalized assessed valuation utilized by the County Clerk 8 in the Base Tax Year multiplied by the limiting rate as 9 calculated by the County Clerk and defined in the 10 Property Tax Extension Limitation Law. 11 "Preceding Tax Year's Tax Extension": The product of 12 the equalized assessed valuation utilized by the County 13 Clerk in the Preceding Tax Year multiplied by the 14 Operating Tax Rate as defined in subsection (A). 15 "Extension Limitation Ratio": A numerical ratio, 16 certified by the County Clerk, in which the numerator is 17 the Base Tax Year's Tax Extension and the denominator is 18 the Preceding Tax Year's Tax Extension. 19 "Operating Tax Rate": The operating tax rate as 20 defined in subsection (A). 21 If a school district is subject to property tax extension 22 limitations as imposed under the Property Tax Extension 23 Limitation Law, the State Board of Education shall calculate 24 the Extension Limitation Equalized Assessed Valuation of that 25 district. For the 1999-2000 school year, the Extension 26 Limitation Equalized Assessed Valuation of a school district 27 as calculated by the State Board of Education shall be equal 28 to the product of the district's 1996 Equalized Assessed 29 Valuation and the district's Extension Limitation Ratio. For 30 the 2000-2001 school year and each school year thereafter, 31 the Extension Limitation Equalized Assessed Valuation of a 32 school district as calculated by the State Board of Education 33 shall be equal to the product of the Equalized Assessed 34 Valuation last used in the calculation of general State aid -14- LRB9209570NTsbA 1 and the district's Extension Limitation Ratio. If the 2 Extension Limitation Equalized Assessed Valuation of a school 3 district as calculated under this subsection (G)(3) is less 4 than the district's equalized assessed valuation as 5 calculated pursuant to subsections (G)(1) and (G)(2), then 6 for purposes of calculating the district's general State aid 7 for the Budget Year pursuant to subsection (E), that 8 Extension Limitation Equalized Assessed Valuation shall be 9 utilized to calculate the district's Available Local 10 Resources under subsection (D). 11 (4) For the purposes of calculating general State aid 12 for the 1999-2000 school year only, if a school district 13 experienced a triennial reassessment on the equalized 14 assessed valuation used in calculating its general State 15 financial aid apportionment for the 1998-1999 school year, 16 the State Board of Education shall calculate the Extension 17 Limitation Equalized Assessed Valuation that would have been 18 used to calculate the district's 1998-1999 general State aid. 19 This amount shall equal the product of the equalized assessed 20 valuation used to calculate general State aid for the 21 1997-1998 school year and the district's Extension Limitation 22 Ratio. If the Extension Limitation Equalized Assessed 23 Valuation of the school district as calculated under this 24 paragraph (4) is less than the district's equalized assessed 25 valuation utilized in calculating the district's 1998-1999 26 general State aid allocation, then for purposes of 27 calculating the district's general State aid pursuant to 28 paragraph (5) of subsection (E), that Extension Limitation 29 Equalized Assessed Valuation shall be utilized to calculate 30 the district's Available Local Resources. 31 (5) For school districts having a majority of their 32 equalized assessed valuation in any county except Cook, 33 DuPage, Kane, Lake, McHenry, or Will, if the amount of 34 general State aid allocated to the school district for the -15- LRB9209570NTsbA 1 1999-2000 school year under the provisions of subsection (E), 2 (H), and (J) of this Section is less than the amount of 3 general State aid allocated to the district for the 1998-1999 4 school year under these subsections, then the general State 5 aid of the district for the 1999-2000 school year only shall 6 be increased by the difference between these amounts. The 7 total payments made under this paragraph (5) shall not exceed 8 $14,000,000. Claims shall be prorated if they exceed 9 $14,000,000. 10 (H) Supplemental General State Aid. 11 (1) In addition to the general State aid a school 12 district is allotted pursuant to subsection (E), qualifying 13 school districts shall receive a grant, paid in conjunction 14 with a district's payments of general State aid, for 15 supplemental general State aid based upon the concentration 16 level of children from low-income households within the 17 school district. Supplemental State aid grants provided for 18 school districts under this subsection shall be appropriated 19 for distribution to school districts as part of the same line 20 item in which the general State financial aid of school 21 districts is appropriated under this Section. For purposes of 22 this subsection, the term "Low-Income Concentration Level" 23 shall be the low-income eligible pupil count from the most 24 recently available federal census divided by the Average 25 Daily Attendance of the school district. If, however, (i) the 26 percentage decrease from the 2 most recent federal censuses 27 in the low-income eligible pupil count of a high school 28 district with fewer than 400 students exceeds by 75% or more 29 the percentage change in the total low-income eligible pupil 30 count of contiguous elementary school districts, whose 31 boundaries are coterminous with the high school district, or 32 (ii) a high school district within 2 counties and serving 5 33 elementary school districts, whose boundaries are coterminous 34 with the high school district, has a percentage decrease from -16- LRB9209570NTsbA 1 the 2 most recent federal censuses in the low-income eligible 2 pupil count and there is a percentage increase in the total 3 low-income eligible pupil count of a majority of the 4 elementary school districts in excess of 50% from the 2 most 5 recent federal censuses, then the high school district's 6 low-income eligible pupil count from the earlier federal 7 census shall be the number used as the low-income eligible 8 pupil count for the high school district, for purposes of 9 this subsection (H). The changes made to this paragraph (1) 10 by Public Act 92-28 this amendatory Act of the 92nd General11 Assemblyshall apply to supplemental general State aid grants 12 paid in fiscal year 1999 and in each fiscal year thereafter 13 and to any State aid payments made in fiscal year 1994 14 through fiscal year 1998 pursuant to subsection 1(n) of 15 Section 18-8 of this Code (which was repealed on July 1, 16 1998), and any high school district that is affected by 17 Public Act 92-28 this amendatory Act of the 92nd General18 Assemblyis entitled to a recomputation of its supplemental 19 general State aid grant or State aid paid in any of those 20 fiscal years. This recomputation shall not be affected by 21 any other funding. 22 (2) Supplemental general State aid pursuant to this 23 subsection (H) shall be provided as follows for the 24 1998-1999, 1999-2000, and 2000-2001 school years only: 25 (a) For any school district with a Low Income 26 Concentration Level of at least 20% and less than 35%, 27 the grant for any school year shall be $800 multiplied by 28 the low income eligible pupil count. 29 (b) For any school district with a Low Income 30 Concentration Level of at least 35% and less than 50%, 31 the grant for the 1998-1999 school year shall be $1,100 32 multiplied by the low income eligible pupil count. 33 (c) For any school district with a Low Income 34 Concentration Level of at least 50% and less than 60%, -17- LRB9209570NTsbA 1 the grant for the 1998-99 school year shall be $1,500 2 multiplied by the low income eligible pupil count. 3 (d) For any school district with a Low Income 4 Concentration Level of 60% or more, the grant for the 5 1998-99 school year shall be $1,900 multiplied by the low 6 income eligible pupil count. 7 (e) For the 1999-2000 school year, the per pupil 8 amount specified in subparagraphs (b), (c), and (d) 9 immediately above shall be increased to $1,243, $1,600, 10 and $2,000, respectively. 11 (f) For the 2000-2001 school year, the per pupil 12 amounts specified in subparagraphs (b), (c), and (d) 13 immediately above shall be $1,273, $1,640, and $2,050, 14 respectively. 15 (2.5) Supplemental general State aid pursuant to this 16 subsection (H) shall be provided as follows for the 2001-2002 17 school year and each school year thereafter: 18 (a) For any school district with a Low Income 19 Concentration Level of less than 10%, the grant for each 20 school year shall be $355 multiplied by the low income 21 eligible pupil count. 22 (b) For any school district with a Low Income 23 Concentration Level of at least 10% and less than 20%, 24 the grant for each school year shall be $675 multiplied 25 by the low income eligible pupil count. 26 (c) For any school district with a Low Income 27 Concentration Level of at least 20% and less than 35%, 28 the grant for each school year shall be $1,190 multiplied 29 by the low income eligible pupil count. 30 (d) For any school district with a Low Income 31 Concentration Level of at least 35% and less than 50%, 32 the grant for each school year shall be $1,333 multiplied 33 by the low income eligible pupil count. 34 (e) For any school district with a Low Income -18- LRB9209570NTsbA 1 Concentration Level of at least 50% and less than 60%, 2 the grant for each school year shall be $1,680 multiplied 3 by the low income eligible pupil count. 4 (f) For any school district with a Low Income 5 Concentration Level of 60% or more, the grant for each 6 school year shall be $2,080 multiplied by the low income 7 eligible pupil count. 8 (3) School districts with an Average Daily Attendance of 9 more than 1,000 and less than 50,000 that qualify for 10 supplemental general State aid pursuant to this subsection 11 shall submit a plan to the State Board of Education prior to 12 October 30 of each year for the use of the funds resulting 13 from this grant of supplemental general State aid for the 14 improvement of instruction in which priority is given to 15 meeting the education needs of disadvantaged children. Such 16 plan shall be submitted in accordance with rules and 17 regulations promulgated by the State Board of Education. 18 (4) School districts with an Average Daily Attendance of 19 50,000 or more that qualify for supplemental general State 20 aid pursuant to this subsection shall be required to 21 distribute from funds available pursuant to this Section, no 22 less than $261,000,000 in accordance with the following 23 requirements: 24 (a) The required amounts shall be distributed to 25 the attendance centers within the district in proportion 26 to the number of pupils enrolled at each attendance 27 center who are eligible to receive free or reduced-price 28 lunches or breakfasts under the federal Child Nutrition 29 Act of 1966 and under the National School Lunch Act 30 during the immediately preceding school year. 31 (b) The distribution of these portions of 32 supplemental and general State aid among attendance 33 centers according to these requirements shall not be 34 compensated for or contravened by adjustments of the -19- LRB9209570NTsbA 1 total of other funds appropriated to any attendance 2 centers, and the Board of Education shall utilize funding 3 from one or several sources in order to fully implement 4 this provision annually prior to the opening of school. 5 (c) Each attendance center shall be provided by the 6 school district a distribution of noncategorical funds 7 and other categorical funds to which an attendance center 8 is entitled under law in order that the general State aid 9 and supplemental general State aid provided by 10 application of this subsection supplements rather than 11 supplants the noncategorical funds and other categorical 12 funds provided by the school district to the attendance 13 centers. 14 (d) Any funds made available under this subsection 15 that by reason of the provisions of this subsection are 16 not required to be allocated and provided to attendance 17 centers may be used and appropriated by the board of the 18 district for any lawful school purpose. 19 (e) Funds received by an attendance center pursuant 20 to this subsection shall be used by the attendance center 21 at the discretion of the principal and local school 22 council for programs to improve educational opportunities 23 at qualifying schools through the following programs and 24 services: early childhood education, reduced class size 25 or improved adult to student classroom ratio, enrichment 26 programs, remedial assistance, attendance improvement, 27 and other educationally beneficial expenditures which 28 supplement the regular and basic programs as determined 29 by the State Board of Education. Funds provided shall not 30 be expended for any political or lobbying purposes as 31 defined by board rule. 32 (f) Each district subject to the provisions of this 33 subdivision (H)(4) shall submit an acceptable plan to 34 meet the educational needs of disadvantaged children, in -20- LRB9209570NTsbA 1 compliance with the requirements of this paragraph, to 2 the State Board of Education prior to July 15 of each 3 year. This plan shall be consistent with the decisions of 4 local school councils concerning the school expenditure 5 plans developed in accordance with part 4 of Section 6 34-2.3. The State Board shall approve or reject the plan 7 within 60 days after its submission. If the plan is 8 rejected, the district shall give written notice of 9 intent to modify the plan within 15 days of the 10 notification of rejection and then submit a modified plan 11 within 30 days after the date of the written notice of 12 intent to modify. Districts may amend approved plans 13 pursuant to rules promulgated by the State Board of 14 Education. 15 Upon notification by the State Board of Education 16 that the district has not submitted a plan prior to July 17 15 or a modified plan within the time period specified 18 herein, the State aid funds affected by that plan or 19 modified plan shall be withheld by the State Board of 20 Education until a plan or modified plan is submitted. 21 If the district fails to distribute State aid to 22 attendance centers in accordance with an approved plan, 23 the plan for the following year shall allocate funds, in 24 addition to the funds otherwise required by this 25 subsection, to those attendance centers which were 26 underfunded during the previous year in amounts equal to 27 such underfunding. 28 For purposes of determining compliance with this 29 subsection in relation to the requirements of attendance 30 center funding, each district subject to the provisions 31 of this subsection shall submit as a separate document by 32 December 1 of each year a report of expenditure data for 33 the prior year in addition to any modification of its 34 current plan. If it is determined that there has been a -21- LRB9209570NTsbA 1 failure to comply with the expenditure provisions of this 2 subsection regarding contravention or supplanting, the 3 State Superintendent of Education shall, within 60 days 4 of receipt of the report, notify the district and any 5 affected local school council. The district shall within 6 45 days of receipt of that notification inform the State 7 Superintendent of Education of the remedial or corrective 8 action to be taken, whether by amendment of the current 9 plan, if feasible, or by adjustment in the plan for the 10 following year. Failure to provide the expenditure 11 report or the notification of remedial or corrective 12 action in a timely manner shall result in a withholding 13 of the affected funds. 14 The State Board of Education shall promulgate rules 15 and regulations to implement the provisions of this 16 subsection. No funds shall be released under this 17 subdivision (H)(4) to any district that has not submitted 18 a plan that has been approved by the State Board of 19 Education. 20 (I) General State Aid for Newly Configured School Districts. 21 (1) For a new school district formed by combining 22 property included totally within 2 or more previously 23 existing school districts, for its first year of existence 24 the general State aid and supplemental general State aid 25 calculated under this Section shall be computed for the new 26 district and for the previously existing districts for which 27 property is totally included within the new district. If the 28 computation on the basis of the previously existing districts 29 is greater, a supplementary payment equal to the difference 30 shall be made for the first 4 years of existence of the new 31 district. 32 (2) For a school district which annexes all of the 33 territory of one or more entire other school districts, for 34 the first year during which the change of boundaries -22- LRB9209570NTsbA 1 attributable to such annexation becomes effective for all 2 purposes as determined under Section 7-9 or 7A-8, the general 3 State aid and supplemental general State aid calculated under 4 this Section shall be computed for the annexing district as 5 constituted after the annexation and for the annexing and 6 each annexed district as constituted prior to the annexation; 7 and if the computation on the basis of the annexing and 8 annexed districts as constituted prior to the annexation is 9 greater, a supplementary payment equal to the difference 10 shall be made for the first 4 years of existence of the 11 annexing school district as constituted upon such annexation. 12 (3) For 2 or more school districts which annex all of 13 the territory of one or more entire other school districts, 14 and for 2 or more community unit districts which result upon 15 the division (pursuant to petition under Section 11A-2) of 16 one or more other unit school districts into 2 or more parts 17 and which together include all of the parts into which such 18 other unit school district or districts are so divided, for 19 the first year during which the change of boundaries 20 attributable to such annexation or division becomes effective 21 for all purposes as determined under Section 7-9 or 11A-10, 22 as the case may be, the general State aid and supplemental 23 general State aid calculated under this Section shall be 24 computed for each annexing or resulting district as 25 constituted after the annexation or division and for each 26 annexing and annexed district, or for each resulting and 27 divided district, as constituted prior to the annexation or 28 division; and if the aggregate of the general State aid and 29 supplemental general State aid as so computed for the 30 annexing or resulting districts as constituted after the 31 annexation or division is less than the aggregate of the 32 general State aid and supplemental general State aid as so 33 computed for the annexing and annexed districts, or for the 34 resulting and divided districts, as constituted prior to the -23- LRB9209570NTsbA 1 annexation or division, then a supplementary payment equal to 2 the difference shall be made and allocated between or among 3 the annexing or resulting districts, as constituted upon such 4 annexation or division, for the first 4 years of their 5 existence. The total difference payment shall be allocated 6 between or among the annexing or resulting districts in the 7 same ratio as the pupil enrollment from that portion of the 8 annexed or divided district or districts which is annexed to 9 or included in each such annexing or resulting district bears 10 to the total pupil enrollment from the entire annexed or 11 divided district or districts, as such pupil enrollment is 12 determined for the school year last ending prior to the date 13 when the change of boundaries attributable to the annexation 14 or division becomes effective for all purposes. The amount 15 of the total difference payment and the amount thereof to be 16 allocated to the annexing or resulting districts shall be 17 computed by the State Board of Education on the basis of 18 pupil enrollment and other data which shall be certified to 19 the State Board of Education, on forms which it shall provide 20 for that purpose, by the regional superintendent of schools 21 for each educational service region in which the annexing and 22 annexed districts, or resulting and divided districts are 23 located. 24 (3.5) Claims for financial assistance under this 25 subsection (I) shall not be recomputed except as expressly 26 provided under this Section. 27 (4) Any supplementary payment made under this subsection 28 (I) shall be treated as separate from all other payments made 29 pursuant to this Section. 30 (J) Supplementary Grants in Aid. 31 (1) Notwithstanding any other provisions of this 32 Section, the amount of the aggregate general State aid in 33 combination with supplemental general State aid under this 34 Section for which each school district is eligible shall be -24- LRB9209570NTsbA 1 no less than the amount of the aggregate general State aid 2 entitlement that was received by the district under Section 3 18-8 (exclusive of amounts received under subsections 5(p) 4 and 5(p-5) of that Section) for the 1997-98 school year, 5 pursuant to the provisions of that Section as it was then in 6 effect. If a school district qualifies to receive a 7 supplementary payment made under this subsection (J), the 8 amount of the aggregate general State aid in combination with 9 supplemental general State aid under this Section which that 10 district is eligible to receive for each school year shall be 11 no less than the amount of the aggregate general State aid 12 entitlement that was received by the district under Section 13 18-8 (exclusive of amounts received under subsections 5(p) 14 and 5(p-5) of that Section) for the 1997-1998 school year, 15 pursuant to the provisions of that Section as it was then in 16 effect. 17 (2) If, as provided in paragraph (1) of this subsection 18 (J), a school district is to receive aggregate general State 19 aid in combination with supplemental general State aid under 20 this Section for the 1998-99 school year and any subsequent 21 school year that in any such school year is less than the 22 amount of the aggregate general State aid entitlement that 23 the district received for the 1997-98 school year, the school 24 district shall also receive, from a separate appropriation 25 made for purposes of this subsection (J), a supplementary 26 payment that is equal to the amount of the difference in the 27 aggregate State aid figures as described in paragraph (1). 28 (3) (Blank). 29 (K) Grants to Laboratory and Alternative Schools. 30 In calculating the amount to be paid to the governing 31 board of a public university that operates a laboratory 32 school under this Section or to any alternative school that 33 is operated by a regional superintendent of schools, the 34 State Board of Education shall require by rule such reporting -25- LRB9209570NTsbA 1 requirements as it deems necessary. 2 As used in this Section, "laboratory school" means a 3 public school which is created and operated by a public 4 university and approved by the State Board of Education. The 5 governing board of a public university which receives funds 6 from the State Board under this subsection (K) may not 7 increase the number of students enrolled in its laboratory 8 school from a single district, if that district is already 9 sending 50 or more students, except under a mutual agreement 10 between the school board of a student's district of residence 11 and the university which operates the laboratory school. A 12 laboratory school may not have more than 1,000 students, 13 excluding students with disabilities in a special education 14 program. 15 As used in this Section, "alternative school" means a 16 public school which is created and operated by a Regional 17 Superintendent of Schools and approved by the State Board of 18 Education. Such alternative schools may offer courses of 19 instruction for which credit is given in regular school 20 programs, courses to prepare students for the high school 21 equivalency testing program or vocational and occupational 22 training. A regional superintendent of schools may contract 23 with a school district or a public community college district 24 to operate an alternative school. An alternative school 25 serving more than one educational service region may be 26 established by the regional superintendents of schools of the 27 affected educational service regions. An alternative school 28 serving more than one educational service region may be 29 operated under such terms as the regional superintendents of 30 schools of those educational service regions may agree. 31 Each laboratory and alternative school shall file, on 32 forms provided by the State Superintendent of Education, an 33 annual State aid claim which states the Average Daily 34 Attendance of the school's students by month. The best 3 -26- LRB9209570NTsbA 1 months' Average Daily Attendance shall be computed for each 2 school. The general State aid entitlement shall be computed 3 by multiplying the applicable Average Daily Attendance by the 4 Foundation Level as determined under this Section. 5 (L) Payments, Additional Grants in Aid and Other 6 Requirements. 7 (1) For a school district operating under the financial 8 supervision of an Authority created under Article 34A, the 9 general State aid otherwise payable to that district under 10 this Section, but not the supplemental general State aid, 11 shall be reduced by an amount equal to the budget for the 12 operations of the Authority as certified by the Authority to 13 the State Board of Education, and an amount equal to such 14 reduction shall be paid to the Authority created for such 15 district for its operating expenses in the manner provided in 16 Section 18-11. The remainder of general State school aid for 17 any such district shall be paid in accordance with Article 18 34A when that Article provides for a disposition other than 19 that provided by this Article. 20 (2) (Blank). 21 (3) Summer school. Summer school payments shall be made 22 as provided in Section 18-4.3. 23 (M) Education Funding Advisory Board. 24 The Education Funding Advisory Board, hereinafter in this 25 subsection (M) referred to as the "Board", is hereby created. 26 The Board shall consist of 5 members who are appointed by the 27 Governor, by and with the advice and consent of the Senate. 28 The members appointed shall include representatives of 29 education, business, and the general public. One of the 30 members so appointed shall be designated by the Governor at 31 the time the appointment is made as the chairperson of the 32 Board. The initial members of the Board may be appointed any 33 time after the effective date of this amendatory Act of 1997. -27- LRB9209570NTsbA 1 The regular term of each member of the Board shall be for 4 2 years from the third Monday of January of the year in which 3 the term of the member's appointment is to commence, except 4 that of the 5 initial members appointed to serve on the 5 Board, the member who is appointed as the chairperson shall 6 serve for a term that commences on the date of his or her 7 appointment and expires on the third Monday of January, 2002, 8 and the remaining 4 members, by lots drawn at the first 9 meeting of the Board that is held after all 5 members are 10 appointed, shall determine 2 of their number to serve for 11 terms that commence on the date of their respective 12 appointments and expire on the third Monday of January, 2001, 13 and 2 of their number to serve for terms that commence on the 14 date of their respective appointments and expire on the third 15 Monday of January, 2000. All members appointed to serve on 16 the Board shall serve until their respective successors are 17 appointed and confirmed. Vacancies shall be filled in the 18 same manner as original appointments. If a vacancy in 19 membership occurs at a time when the Senate is not in 20 session, the Governor shall make a temporary appointment 21 until the next meeting of the Senate, when he or she shall 22 appoint, by and with the advice and consent of the Senate, a 23 person to fill that membership for the unexpired term. If 24 the Senate is not in session when the initial appointments 25 are made, those appointments shall be made as in the case of 26 vacancies. 27 The Education Funding Advisory Board shall be deemed 28 established, and the initial members appointed by the 29 Governor to serve as members of the Board shall take office, 30 on the date that the Governor makes his or her appointment of 31 the fifth initial member of the Board, whether those initial 32 members are then serving pursuant to appointment and 33 confirmation or pursuant to temporary appointments that are 34 made by the Governor as in the case of vacancies. -28- LRB9209570NTsbA 1 The State Board of Education shall provide such staff 2 assistance to the Education Funding Advisory Board as is 3 reasonably required for the proper performance by the Board 4 of its responsibilities. 5 For school years after the 2000-2001 school year, the 6 Education Funding Advisory Board, in consultation with the 7 State Board of Education, shall make recommendations as 8 provided in this subsection (M) to the General Assembly for 9 the foundation level under subdivision (B)(3) of this Section 10 and for the supplemental general State aid grant level under 11 subsection (H) of this Section for districts with high 12 concentrations of children from poverty. The recommended 13 foundation level shall be determined based on a methodology 14 which incorporates the basic education expenditures of 15 low-spending schools exhibiting high academic performance. 16 The Education Funding Advisory Board shall make such 17 recommendations to the General Assembly on January 1 of odd 18 numbered years, beginning January 1, 2001. 19 (N) (Blank). 20 (O) References. 21 (1) References in other laws to the various subdivisions 22 of Section 18-8 as that Section existed before its repeal and 23 replacement by this Section 18-8.05 shall be deemed to refer 24 to the corresponding provisions of this Section 18-8.05, to 25 the extent that those references remain applicable. 26 (2) References in other laws to State Chapter 1 funds 27 shall be deemed to refer to the supplemental general State 28 aid provided under subsection (H) of this Section. 29 (Source: P.A. 91-24, eff. 7-1-99; 91-93, eff. 7-9-99; 91-96, 30 eff. 7-9-99; 91-111, eff. 7-14-99; 91-357, eff. 7-29-99; 31 91-533, eff. 8-13-99; 92-7, eff. 6-29-01; 92-16, eff. 32 6-28-01; 92-28, eff. 7-1-01; 92-29, eff. 7-1-01; 92-269, eff. 33 8-7-01; revised 8-7-01.) -29- LRB9209570NTsbA 1 Section 99. Effective date. This Act takes effect on 2 July 1, 2002.
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