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92_SB1964 LRB9215882NTpk 1 AN ACT relating to schools. 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- LRB9215882NTpk 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- LRB9215882NTpk 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- LRB9215882NTpk 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. For 13 the 2001-2002 school year, the Foundation Level of support is 14 $4,560. 15 (3) For the 2002-2003
2001-2002school year and each 16 school year thereafter, the Foundation Level of support is 17 $4,680 $4,560or such greater amount as may be established by 18 law by the General Assembly. 19 (C) Average Daily Attendance. 20 (1) For purposes of calculating general State aid 21 pursuant to subsection (E), an Average Daily Attendance 22 figure shall be utilized. The Average Daily Attendance 23 figure for formula calculation purposes shall be the monthly 24 average of the actual number of pupils in attendance of each 25 school district, as further averaged for the best 3 months of 26 pupil attendance for each school district. In compiling the 27 figures for the number of pupils in attendance, school 28 districts and the State Board of Education shall, for 29 purposes of general State aid funding, conform attendance 30 figures to the requirements of subsection (F). 31 (2) The Average Daily Attendance figures utilized in 32 subsection (E) shall be the requisite attendance data for the 33 school year immediately preceding the school year for which 34 general State aid is being calculated or the average of the -5- LRB9215882NTpk 1 attendance data for the 3 preceding school years, whichever 2 is greater. The Average Daily Attendance figures utilized in 3 subsection (H) shall be the requisite attendance data for the 4 school year immediately preceding the school year for which 5 general State aid is being calculated. 6 (D) Available Local Resources. 7 (1) For purposes of calculating general State aid 8 pursuant to subsection (E), a representation of Available 9 Local Resources per pupil, as that term is defined and 10 determined in this subsection, shall be utilized. Available 11 Local Resources per pupil shall include a calculated dollar 12 amount representing local school district revenues from local 13 property taxes and from Corporate Personal Property 14 Replacement Taxes, expressed on the basis of pupils in 15 Average Daily Attendance. 16 (2) In determining a school district's revenue from 17 local property taxes, the State Board of Education shall 18 utilize the equalized assessed valuation of all taxable 19 property of each school district as of September 30 of the 20 previous year. The equalized assessed valuation utilized 21 shall be obtained and determined as provided in subsection 22 (G). 23 (3) For school districts maintaining grades kindergarten 24 through 12, local property tax revenues per pupil shall be 25 calculated as the product of the applicable equalized 26 assessed valuation for the district multiplied by 3.00%, and 27 divided by the district's Average Daily Attendance figure. 28 For school districts maintaining grades kindergarten through 29 8, local property tax revenues per pupil shall be calculated 30 as the product of the applicable equalized assessed valuation 31 for the district multiplied by 2.30%, and divided by the 32 district's Average Daily Attendance figure. For school 33 districts maintaining grades 9 through 12, local property tax 34 revenues per pupil shall be the applicable equalized assessed -6- LRB9215882NTpk 1 valuation of the district multiplied by 1.05%, and divided by 2 the district's Average Daily Attendance figure. 3 (4) The Corporate Personal Property Replacement Taxes 4 paid to each school district during the calendar year 2 years 5 before the calendar year in which a school year begins, 6 divided by the Average Daily Attendance figure for that 7 district, shall be added to the local property tax revenues 8 per pupil as derived by the application of the immediately 9 preceding paragraph (3). The sum of these per pupil figures 10 for each school district shall constitute Available Local 11 Resources as that term is utilized in subsection (E) in the 12 calculation of general State aid. 13 (E) Computation of General State Aid. 14 (1) For each school year, the amount of general State 15 aid allotted to a school district shall be computed by the 16 State Board of Education as provided in this subsection. 17 (2) For any school district for which Available Local 18 Resources per pupil is less than the product of 0.93 times 19 the Foundation Level, general State aid for that district 20 shall be calculated as an amount equal to the Foundation 21 Level minus Available Local Resources, multiplied by the 22 Average Daily Attendance of the school district. 23 (3) For any school district for which Available Local 24 Resources per pupil is equal to or greater than the product 25 of 0.93 times the Foundation Level and less than the product 26 of 1.75 times the Foundation Level, the general State aid per 27 pupil shall be a decimal proportion of the Foundation Level 28 derived using a linear algorithm. Under this linear 29 algorithm, the calculated general State aid per pupil shall 30 decline in direct linear fashion from 0.07 times the 31 Foundation Level for a school district with Available Local 32 Resources equal to the product of 0.93 times the Foundation 33 Level, to 0.05 times the Foundation Level for a school 34 district with Available Local Resources equal to the product -7- LRB9215882NTpk 1 of 1.75 times the Foundation Level. The allocation of 2 general State aid for school districts subject to this 3 paragraph 3 shall be the calculated general State aid per 4 pupil figure multiplied by the Average Daily Attendance of 5 the school district. 6 (4) For any school district for which Available Local 7 Resources per pupil equals or exceeds the product of 1.75 8 times the Foundation Level, the general State aid for the 9 school district shall be calculated as the product of $218 10 multiplied by the Average Daily Attendance of the school 11 district. 12 (5) The amount of general State aid allocated to a 13 school district for the 1999-2000 school year meeting the 14 requirements set forth in paragraph (4) of subsection (G) 15 shall be increased by an amount equal to the general State 16 aid that would have been received by the district for the 17 1998-1999 school year by utilizing the Extension Limitation 18 Equalized Assessed Valuation as calculated in paragraph (4) 19 of subsection (G) less the general State aid allotted for the 20 1998-1999 school year. This amount shall be deemed a one 21 time increase, and shall not affect any future general State 22 aid allocations. 23 (F) Compilation of Average Daily Attendance. 24 (1) Each school district shall, by July 1 of each year, 25 submit to the State Board of Education, on forms prescribed 26 by the State Board of Education, attendance figures for the 27 school year that began in the preceding calendar year. The 28 attendance information so transmitted shall identify the 29 average daily attendance figures for each month of the school 30 year, except that any days of attendance in August shall be 31 added to the month of September and any days of attendance in 32 June shall be added to the month of May. 33 Except as otherwise provided in this Section, days of 34 attendance by pupils shall be counted only for sessions of -8- LRB9215882NTpk 1 not less than 5 clock hours of school work per day under 2 direct supervision of: (i) teachers, or (ii) non-teaching 3 personnel or volunteer personnel when engaging in 4 non-teaching duties and supervising in those instances 5 specified in subsection (a) of Section 10-22.34 and paragraph 6 10 of Section 34-18, with pupils of legal school age and in 7 kindergarten and grades 1 through 12. 8 Days of attendance by tuition pupils shall be accredited 9 only to the districts that pay the tuition to a recognized 10 school. 11 (2) Days of attendance by pupils of less than 5 clock 12 hours of school shall be subject to the following provisions 13 in the compilation of Average Daily Attendance. 14 (a) Pupils regularly enrolled in a public school 15 for only a part of the school day may be counted on the 16 basis of 1/6 day for every class hour of instruction of 17 40 minutes or more attended pursuant to such enrollment, 18 unless a pupil is enrolled in a block-schedule format of 19 80 minutes or more of instruction, in which case the 20 pupil may be counted on the basis of the proportion of 21 minutes of school work completed each day to the minimum 22 number of minutes that school work is required to be held 23 that day. 24 (b) Days of attendance may be less than 5 clock 25 hours on the opening and closing of the school term, and 26 upon the first day of pupil attendance, if preceded by a 27 day or days utilized as an institute or teachers' 28 workshop. 29 (c) A session of 4 or more clock hours may be 30 counted as a day of attendance upon certification by the 31 regional superintendent, and approved by the State 32 Superintendent of Education to the extent that the 33 district has been forced to use daily multiple sessions. 34 (d) A session of 3 or more clock hours may be -9- LRB9215882NTpk 1 counted as a day of attendance (1) when the remainder of 2 the school day or at least 2 hours in the evening of that 3 day is utilized for an in-service training program for 4 teachers, up to a maximum of 5 days per school year of 5 which a maximum of 4 days of such 5 days may be used for 6 parent-teacher conferences, provided a district conducts 7 an in-service training program for teachers which has 8 been approved by the State Superintendent of Education; 9 or, in lieu of 4 such days, 2 full days may be used, in 10 which event each such day may be counted as a day of 11 attendance; and (2) when days in addition to those 12 provided in item (1) are scheduled by a school pursuant 13 to its school improvement plan adopted under Article 34 14 or its revised or amended school improvement plan adopted 15 under Article 2, provided that (i) such sessions of 3 or 16 more clock hours are scheduled to occur at regular 17 intervals, (ii) the remainder of the school days in which 18 such sessions occur are utilized for in-service training 19 programs or other staff development activities for 20 teachers, and (iii) a sufficient number of minutes of 21 school work under the direct supervision of teachers are 22 added to the school days between such regularly scheduled 23 sessions to accumulate not less than the number of 24 minutes by which such sessions of 3 or more clock hours 25 fall short of 5 clock hours. Any full days used for the 26 purposes of this paragraph shall not be considered for 27 computing average daily attendance. Days scheduled for 28 in-service training programs, staff development 29 activities, or parent-teacher conferences may be 30 scheduled separately for different grade levels and 31 different attendance centers of the district. 32 (e) A session of not less than one clock hour of 33 teaching hospitalized or homebound pupils on-site or by 34 telephone to the classroom may be counted as 1/2 day of -10- LRB9215882NTpk 1 attendance, however these pupils must receive 4 or more 2 clock hours of instruction to be counted for a full day 3 of attendance. 4 (f) A session of at least 4 clock hours may be 5 counted as a day of attendance for first grade pupils, 6 and pupils in full day kindergartens, and a session of 2 7 or more hours may be counted as 1/2 day of attendance by 8 pupils in kindergartens which provide only 1/2 day of 9 attendance. 10 (g) For children with disabilities who are below 11 the age of 6 years and who cannot attend 2 or more clock 12 hours because of their disability or immaturity, a 13 session of not less than one clock hour may be counted as 14 1/2 day of attendance; however for such children whose 15 educational needs so require a session of 4 or more clock 16 hours may be counted as a full day of attendance. 17 (h) A recognized kindergarten which provides for 18 only 1/2 day of attendance by each pupil shall not have 19 more than 1/2 day of attendance counted in any one day. 20 However, kindergartens may count 2 1/2 days of attendance 21 in any 5 consecutive school days. When a pupil attends 22 such a kindergarten for 2 half days on any one school 23 day, the pupil shall have the following day as a day 24 absent from school, unless the school district obtains 25 permission in writing from the State Superintendent of 26 Education. Attendance at kindergartens which provide for 27 a full day of attendance by each pupil shall be counted 28 the same as attendance by first grade pupils. Only the 29 first year of attendance in one kindergarten shall be 30 counted, except in case of children who entered the 31 kindergarten in their fifth year whose educational 32 development requires a second year of kindergarten as 33 determined under the rules and regulations of the State 34 Board of Education. -11- LRB9215882NTpk 1 (G) Equalized Assessed Valuation Data. 2 (1) For purposes of the calculation of Available Local 3 Resources required pursuant to subsection (D), the State 4 Board of Education shall secure from the Department of 5 Revenue the value as equalized or assessed by the Department 6 of Revenue of all taxable property of every school district, 7 together with (i) the applicable tax rate used in extending 8 taxes for the funds of the district as of September 30 of the 9 previous year and (ii) the limiting rate for all school 10 districts subject to property tax extension limitations as 11 imposed under the Property Tax Extension Limitation Law. 12 This equalized assessed valuation, as adjusted further by 13 the requirements of this subsection, shall be utilized in the 14 calculation of Available Local Resources. 15 (2) The equalized assessed valuation in paragraph (1) 16 shall be adjusted, as applicable, in the following manner: 17 (a) For the purposes of calculating State aid under 18 this Section, with respect to any part of a school 19 district within a redevelopment project area in respect 20 to which a municipality has adopted tax increment 21 allocation financing pursuant to the Tax Increment 22 Allocation Redevelopment Act, Sections 11-74.4-1 through 23 11-74.4-11 of the Illinois Municipal Code or the 24 Industrial Jobs Recovery Law, Sections 11-74.6-1 through 25 11-74.6-50 of the Illinois Municipal Code, no part of the 26 current equalized assessed valuation of real property 27 located in any such project area which is attributable to 28 an increase above the total initial equalized assessed 29 valuation of such property shall be used as part of the 30 equalized assessed valuation of the district, until such 31 time as all redevelopment project costs have been paid, 32 as provided in Section 11-74.4-8 of the Tax Increment 33 Allocation Redevelopment Act or in Section 11-74.6-35 of 34 the Industrial Jobs Recovery Law. For the purpose of the -12- LRB9215882NTpk 1 equalized assessed valuation of the district, the total 2 initial equalized assessed valuation or the current 3 equalized assessed valuation, whichever is lower, shall 4 be used until such time as all redevelopment project 5 costs have been paid. 6 (b) The real property equalized assessed valuation 7 for a school district shall be adjusted by subtracting 8 from the real property value as equalized or assessed by 9 the Department of Revenue for the district an amount 10 computed by dividing the amount of any abatement of taxes 11 under Section 18-170 of the Property Tax Code by 3.00% 12 for a district maintaining grades kindergarten through 13 12, by 2.30% for a district maintaining grades 14 kindergarten through 8, or by 1.05% for a district 15 maintaining grades 9 through 12 and adjusted by an amount 16 computed by dividing the amount of any abatement of taxes 17 under subsection (a) of Section 18-165 of the Property 18 Tax Code by the same percentage rates for district type 19 as specified in this subparagraph (b). 20 (3) For the 1999-2000 school year and each school year 21 thereafter, if a school district meets all of the criteria of 22 this subsection (G)(3), the school district's Available Local 23 Resources shall be calculated under subsection (D) using the 24 district's Extension Limitation Equalized Assessed Valuation 25 as calculated under this subsection (G)(3). 26 For purposes of this subsection (G)(3) the following 27 terms shall have the following meanings: 28 "Budget Year": The school year for which general 29 State aid is calculated and awarded under subsection (E). 30 "Base Tax Year": The property tax levy year used to 31 calculate the Budget Year allocation of general State 32 aid. 33 "Preceding Tax Year": The property tax levy year 34 immediately preceding the Base Tax Year. -13- LRB9215882NTpk 1 "Base Tax Year's Tax Extension": The product of the 2 equalized assessed valuation utilized by the County Clerk 3 in the Base Tax Year multiplied by the limiting rate as 4 calculated by the County Clerk and defined in the 5 Property Tax Extension Limitation Law. 6 "Preceding Tax Year's Tax Extension": The product of 7 the equalized assessed valuation utilized by the County 8 Clerk in the Preceding Tax Year multiplied by the 9 Operating Tax Rate as defined in subsection (A). 10 "Extension Limitation Ratio": A numerical ratio, 11 certified by the County Clerk, in which the numerator is 12 the Base Tax Year's Tax Extension and the denominator is 13 the Preceding Tax Year's Tax Extension. 14 "Operating Tax Rate": The operating tax rate as 15 defined in subsection (A). 16 If a school district is subject to property tax extension 17 limitations as imposed under the Property Tax Extension 18 Limitation Law, the State Board of Education shall calculate 19 the Extension Limitation Equalized Assessed Valuation of that 20 district. For the 1999-2000 school year, the Extension 21 Limitation Equalized Assessed Valuation of a school district 22 as calculated by the State Board of Education shall be equal 23 to the product of the district's 1996 Equalized Assessed 24 Valuation and the district's Extension Limitation Ratio. For 25 the 2000-2001 school year and each school year thereafter, 26 the Extension Limitation Equalized Assessed Valuation of a 27 school district as calculated by the State Board of Education 28 shall be equal to the product of the Equalized Assessed 29 Valuation last used in the calculation of general State aid 30 and the district's Extension Limitation Ratio. If the 31 Extension Limitation Equalized Assessed Valuation of a school 32 district as calculated under this subsection (G)(3) is less 33 than the district's equalized assessed valuation as 34 calculated pursuant to subsections (G)(1) and (G)(2), then -14- LRB9215882NTpk 1 for purposes of calculating the district's general State aid 2 for the Budget Year pursuant to subsection (E), that 3 Extension Limitation Equalized Assessed Valuation shall be 4 utilized to calculate the district's Available Local 5 Resources under subsection (D). 6 (4) For the purposes of calculating general State aid 7 for the 1999-2000 school year only, if a school district 8 experienced a triennial reassessment on the equalized 9 assessed valuation used in calculating its general State 10 financial aid apportionment for the 1998-1999 school year, 11 the State Board of Education shall calculate the Extension 12 Limitation Equalized Assessed Valuation that would have been 13 used to calculate the district's 1998-1999 general State aid. 14 This amount shall equal the product of the equalized assessed 15 valuation used to calculate general State aid for the 16 1997-1998 school year and the district's Extension Limitation 17 Ratio. If the Extension Limitation Equalized Assessed 18 Valuation of the school district as calculated under this 19 paragraph (4) is less than the district's equalized assessed 20 valuation utilized in calculating the district's 1998-1999 21 general State aid allocation, then for purposes of 22 calculating the district's general State aid pursuant to 23 paragraph (5) of subsection (E), that Extension Limitation 24 Equalized Assessed Valuation shall be utilized to calculate 25 the district's Available Local Resources. 26 (5) For school districts having a majority of their 27 equalized assessed valuation in any county except Cook, 28 DuPage, Kane, Lake, McHenry, or Will, if the amount of 29 general State aid allocated to the school district for the 30 1999-2000 school year under the provisions of subsection (E), 31 (H), and (J) of this Section is less than the amount of 32 general State aid allocated to the district for the 1998-1999 33 school year under these subsections, then the general State 34 aid of the district for the 1999-2000 school year only shall -15- LRB9215882NTpk 1 be increased by the difference between these amounts. The 2 total payments made under this paragraph (5) shall not exceed 3 $14,000,000. Claims shall be prorated if they exceed 4 $14,000,000. 5 (H) Supplemental General State Aid. 6 (1) In addition to the general State aid a school 7 district is allotted pursuant to subsection (E), qualifying 8 school districts shall receive a grant, paid in conjunction 9 with a district's payments of general State aid, for 10 supplemental general State aid based upon the concentration 11 level of children from low-income households within the 12 school district. Supplemental State aid grants provided for 13 school districts under this subsection shall be appropriated 14 for distribution to school districts as part of the same line 15 item in which the general State financial aid of school 16 districts is appropriated under this Section. For purposes of 17 this subsection, the term "Low-Income Concentration Level" 18 shall be the low-income eligible pupil count from the most 19 recently available federal census divided by the Average 20 Daily Attendance of the school district. If, however, (i) the 21 percentage decrease from the 2 most recent federal censuses 22 in the low-income eligible pupil count of a high school 23 district with fewer than 400 students exceeds by 75% or more 24 the percentage change in the total low-income eligible pupil 25 count of contiguous elementary school districts, whose 26 boundaries are coterminous with the high school district, or 27 (ii) a high school district within 2 counties and serving 5 28 elementary school districts, whose boundaries are coterminous 29 with the high school district, has a percentage decrease from 30 the 2 most recent federal censuses in the low-income eligible 31 pupil count and there is a percentage increase in the total 32 low-income eligible pupil count of a majority of the 33 elementary school districts in excess of 50% from the 2 most 34 recent federal censuses, then the high school district's -16- LRB9215882NTpk 1 low-income eligible pupil count from the earlier federal 2 census shall be the number used as the low-income eligible 3 pupil count for the high school district, for purposes of 4 this subsection (H). The changes made to this paragraph (1) 5 by Public Act 92-28 this amendatory Act of the 92nd General6 Assemblyshall apply to supplemental general State aid grants 7 paid in fiscal year 1999 and in each fiscal year thereafter 8 and to any State aid payments made in fiscal year 1994 9 through fiscal year 1998 pursuant to subsection 1(n) of 10 Section 18-8 of this Code (which was repealed on July 1, 11 1998), and any high school district that is affected by 12 Public Act 92-28 this amendatory Act of the 92nd General13 Assemblyis entitled to a recomputation of its supplemental 14 general State aid grant or State aid paid in any of those 15 fiscal years. This recomputation shall not be affected by 16 any other funding. 17 (2) Supplemental general State aid pursuant to this 18 subsection (H) shall be provided as follows for the 19 1998-1999, 1999-2000, and 2000-2001 school years only: 20 (a) For any school district with a Low Income 21 Concentration Level of at least 20% and less than 35%, 22 the grant for any school year shall be $800 multiplied by 23 the low income eligible pupil count. 24 (b) For any school district with a Low Income 25 Concentration Level of at least 35% and less than 50%, 26 the grant for the 1998-1999 school year shall be $1,100 27 multiplied by the low income eligible pupil count. 28 (c) For any school district with a Low Income 29 Concentration Level of at least 50% and less than 60%, 30 the grant for the 1998-99 school year shall be $1,500 31 multiplied by the low income eligible pupil count. 32 (d) For any school district with a Low Income 33 Concentration Level of 60% or more, the grant for the 34 1998-99 school year shall be $1,900 multiplied by the low -17- LRB9215882NTpk 1 income eligible pupil count. 2 (e) For the 1999-2000 school year, the per pupil 3 amount specified in subparagraphs (b), (c), and (d) 4 immediately above shall be increased to $1,243, $1,600, 5 and $2,000, respectively. 6 (f) For the 2000-2001 school year, the per pupil 7 amounts specified in subparagraphs (b), (c), and (d) 8 immediately above shall be $1,273, $1,640, and $2,050, 9 respectively. 10 (2.5) Supplemental general State aid pursuant to this 11 subsection (H) shall be provided as follows for the 2001-2002 12 school year and each school year thereafter: 13 (a) For any school district with a Low Income 14 Concentration Level of less than 10%, the grant for each 15 school year shall be $355 multiplied by the low income 16 eligible pupil count. 17 (b) For any school district with a Low Income 18 Concentration Level of at least 10% and less than 20%, 19 the grant for each school year shall be $675 multiplied 20 by the low income eligible pupil count. 21 (c) For any school district with a Low Income 22 Concentration Level of at least 20% and less than 35%, 23 the grant for each school year shall be $1,190 multiplied 24 by the low income eligible pupil count. 25 (d) For any school district with a Low Income 26 Concentration Level of at least 35% and less than 50%, 27 the grant for each school year shall be $1,333 multiplied 28 by the low income eligible pupil count. 29 (e) For any school district with a Low Income 30 Concentration Level of at least 50% and less than 60%, 31 the grant for each school year shall be $1,680 multiplied 32 by the low income eligible pupil count. 33 (f) For any school district with a Low Income 34 Concentration Level of 60% or more, the grant for each -18- LRB9215882NTpk 1 school year shall be $2,080 multiplied by the low income 2 eligible pupil count. 3 (3) School districts with an Average Daily Attendance of 4 more than 1,000 and less than 50,000 that qualify for 5 supplemental general State aid pursuant to this subsection 6 shall submit a plan to the State Board of Education prior to 7 October 30 of each year for the use of the funds resulting 8 from this grant of supplemental general State aid for the 9 improvement of instruction in which priority is given to 10 meeting the education needs of disadvantaged children. Such 11 plan shall be submitted in accordance with rules and 12 regulations promulgated by the State Board of Education. 13 (4) School districts with an Average Daily Attendance of 14 50,000 or more that qualify for supplemental general State 15 aid pursuant to this subsection shall be required to 16 distribute from funds available pursuant to this Section, no 17 less than $261,000,000 in accordance with the following 18 requirements: 19 (a) The required amounts shall be distributed to 20 the attendance centers within the district in proportion 21 to the number of pupils enrolled at each attendance 22 center who are eligible to receive free or reduced-price 23 lunches or breakfasts under the federal Child Nutrition 24 Act of 1966 and under the National School Lunch Act 25 during the immediately preceding school year. 26 (b) The distribution of these portions of 27 supplemental and general State aid among attendance 28 centers according to these requirements shall not be 29 compensated for or contravened by adjustments of the 30 total of other funds appropriated to any attendance 31 centers, and the Board of Education shall utilize funding 32 from one or several sources in order to fully implement 33 this provision annually prior to the opening of school. 34 (c) Each attendance center shall be provided by the -19- LRB9215882NTpk 1 school district a distribution of noncategorical funds 2 and other categorical funds to which an attendance center 3 is entitled under law in order that the general State aid 4 and supplemental general State aid provided by 5 application of this subsection supplements rather than 6 supplants the noncategorical funds and other categorical 7 funds provided by the school district to the attendance 8 centers. 9 (d) Any funds made available under this subsection 10 that by reason of the provisions of this subsection are 11 not required to be allocated and provided to attendance 12 centers may be used and appropriated by the board of the 13 district for any lawful school purpose. 14 (e) Funds received by an attendance center pursuant 15 to this subsection shall be used by the attendance center 16 at the discretion of the principal and local school 17 council for programs to improve educational opportunities 18 at qualifying schools through the following programs and 19 services: early childhood education, reduced class size 20 or improved adult to student classroom ratio, enrichment 21 programs, remedial assistance, attendance improvement, 22 and other educationally beneficial expenditures which 23 supplement the regular and basic programs as determined 24 by the State Board of Education. Funds provided shall not 25 be expended for any political or lobbying purposes as 26 defined by board rule. 27 (f) Each district subject to the provisions of this 28 subdivision (H)(4) shall submit an acceptable plan to 29 meet the educational needs of disadvantaged children, in 30 compliance with the requirements of this paragraph, to 31 the State Board of Education prior to July 15 of each 32 year. This plan shall be consistent with the decisions of 33 local school councils concerning the school expenditure 34 plans developed in accordance with part 4 of Section -20- LRB9215882NTpk 1 34-2.3. The State Board shall approve or reject the plan 2 within 60 days after its submission. If the plan is 3 rejected, the district shall give written notice of 4 intent to modify the plan within 15 days of the 5 notification of rejection and then submit a modified plan 6 within 30 days after the date of the written notice of 7 intent to modify. Districts may amend approved plans 8 pursuant to rules promulgated by the State Board of 9 Education. 10 Upon notification by the State Board of Education 11 that the district has not submitted a plan prior to July 12 15 or a modified plan within the time period specified 13 herein, the State aid funds affected by that plan or 14 modified plan shall be withheld by the State Board of 15 Education until a plan or modified plan is submitted. 16 If the district fails to distribute State aid to 17 attendance centers in accordance with an approved plan, 18 the plan for the following year shall allocate funds, in 19 addition to the funds otherwise required by this 20 subsection, to those attendance centers which were 21 underfunded during the previous year in amounts equal to 22 such underfunding. 23 For purposes of determining compliance with this 24 subsection in relation to the requirements of attendance 25 center funding, each district subject to the provisions 26 of this subsection shall submit as a separate document by 27 December 1 of each year a report of expenditure data for 28 the prior year in addition to any modification of its 29 current plan. If it is determined that there has been a 30 failure to comply with the expenditure provisions of this 31 subsection regarding contravention or supplanting, the 32 State Superintendent of Education shall, within 60 days 33 of receipt of the report, notify the district and any 34 affected local school council. The district shall within -21- LRB9215882NTpk 1 45 days of receipt of that notification inform the State 2 Superintendent of Education of the remedial or corrective 3 action to be taken, whether by amendment of the current 4 plan, if feasible, or by adjustment in the plan for the 5 following year. Failure to provide the expenditure 6 report or the notification of remedial or corrective 7 action in a timely manner shall result in a withholding 8 of the affected funds. 9 The State Board of Education shall promulgate rules 10 and regulations to implement the provisions of this 11 subsection. No funds shall be released under this 12 subdivision (H)(4) to any district that has not submitted 13 a plan that has been approved by the State Board of 14 Education. 15 (I) General State Aid for Newly Configured School Districts. 16 (1) For a new school district formed by combining 17 property included totally within 2 or more previously 18 existing school districts, for its first year of existence 19 the general State aid and supplemental general State aid 20 calculated under this Section shall be computed for the new 21 district and for the previously existing districts for which 22 property is totally included within the new district. If the 23 computation on the basis of the previously existing districts 24 is greater, a supplementary payment equal to the difference 25 shall be made for the first 4 years of existence of the new 26 district. 27 (2) For a school district which annexes all of the 28 territory of one or more entire other school districts, for 29 the first year during which the change of boundaries 30 attributable to such annexation becomes effective for all 31 purposes as determined under Section 7-9 or 7A-8, the general 32 State aid and supplemental general State aid calculated under 33 this Section shall be computed for the annexing district as 34 constituted after the annexation and for the annexing and -22- LRB9215882NTpk 1 each annexed district as constituted prior to the annexation; 2 and if the computation on the basis of the annexing and 3 annexed districts as constituted prior to the annexation is 4 greater, a supplementary payment equal to the difference 5 shall be made for the first 4 years of existence of the 6 annexing school district as constituted upon such annexation. 7 (3) For 2 or more school districts which annex all of 8 the territory of one or more entire other school districts, 9 and for 2 or more community unit districts which result upon 10 the division (pursuant to petition under Section 11A-2) of 11 one or more other unit school districts into 2 or more parts 12 and which together include all of the parts into which such 13 other unit school district or districts are so divided, for 14 the first year during which the change of boundaries 15 attributable to such annexation or division becomes effective 16 for all purposes as determined under Section 7-9 or 11A-10, 17 as the case may be, the general State aid and supplemental 18 general State aid calculated under this Section shall be 19 computed for each annexing or resulting district as 20 constituted after the annexation or division and for each 21 annexing and annexed district, or for each resulting and 22 divided district, as constituted prior to the annexation or 23 division; and if the aggregate of the general State aid and 24 supplemental general State aid as so computed for the 25 annexing or resulting districts as constituted after the 26 annexation or division is less than the aggregate of the 27 general State aid and supplemental general State aid as so 28 computed for the annexing and annexed districts, or for the 29 resulting and divided districts, as constituted prior to the 30 annexation or division, then a supplementary payment equal to 31 the difference shall be made and allocated between or among 32 the annexing or resulting districts, as constituted upon such 33 annexation or division, for the first 4 years of their 34 existence. The total difference payment shall be allocated -23- LRB9215882NTpk 1 between or among the annexing or resulting districts in the 2 same ratio as the pupil enrollment from that portion of the 3 annexed or divided district or districts which is annexed to 4 or included in each such annexing or resulting district bears 5 to the total pupil enrollment from the entire annexed or 6 divided district or districts, as such pupil enrollment is 7 determined for the school year last ending prior to the date 8 when the change of boundaries attributable to the annexation 9 or division becomes effective for all purposes. The amount 10 of the total difference payment and the amount thereof to be 11 allocated to the annexing or resulting districts shall be 12 computed by the State Board of Education on the basis of 13 pupil enrollment and other data which shall be certified to 14 the State Board of Education, on forms which it shall provide 15 for that purpose, by the regional superintendent of schools 16 for each educational service region in which the annexing and 17 annexed districts, or resulting and divided districts are 18 located. 19 (3.5) Claims for financial assistance under this 20 subsection (I) shall not be recomputed except as expressly 21 provided under this Section. 22 (4) Any supplementary payment made under this subsection 23 (I) shall be treated as separate from all other payments made 24 pursuant to this Section. 25 (J) Supplementary Grants in Aid. 26 (1) Notwithstanding any other provisions of this 27 Section, the amount of the aggregate general State aid in 28 combination with supplemental general State aid under this 29 Section for which each school district is eligible shall be 30 no less than the amount of the aggregate general State aid 31 entitlement that was received by the district under Section 32 18-8 (exclusive of amounts received under subsections 5(p) 33 and 5(p-5) of that Section) for the 1997-98 school year, 34 pursuant to the provisions of that Section as it was then in -24- LRB9215882NTpk 1 effect. If a school district qualifies to receive a 2 supplementary payment made under this subsection (J), the 3 amount of the aggregate general State aid in combination with 4 supplemental general State aid under this Section which that 5 district is eligible to receive for each school year shall be 6 no less than the amount of the aggregate general State aid 7 entitlement that was received by the district under Section 8 18-8 (exclusive of amounts received under subsections 5(p) 9 and 5(p-5) of that Section) for the 1997-1998 school year, 10 pursuant to the provisions of that Section as it was then in 11 effect. 12 (2) If, as provided in paragraph (1) of this subsection 13 (J), a school district is to receive aggregate general State 14 aid in combination with supplemental general State aid under 15 this Section for the 1998-99 school year and any subsequent 16 school year that in any such school year is less than the 17 amount of the aggregate general State aid entitlement that 18 the district received for the 1997-98 school year, the school 19 district shall also receive, from a separate appropriation 20 made for purposes of this subsection (J), a supplementary 21 payment that is equal to the amount of the difference in the 22 aggregate State aid figures as described in paragraph (1). 23 (3) (Blank). 24 (K) Grants to Laboratory and Alternative Schools. 25 In calculating the amount to be paid to the governing 26 board of a public university that operates a laboratory 27 school under this Section or to any alternative school that 28 is operated by a regional superintendent of schools, the 29 State Board of Education shall require by rule such reporting 30 requirements as it deems necessary. 31 As used in this Section, "laboratory school" means a 32 public school which is created and operated by a public 33 university and approved by the State Board of Education. The 34 governing board of a public university which receives funds -25- LRB9215882NTpk 1 from the State Board under this subsection (K) may not 2 increase the number of students enrolled in its laboratory 3 school from a single district, if that district is already 4 sending 50 or more students, except under a mutual agreement 5 between the school board of a student's district of residence 6 and the university which operates the laboratory school. A 7 laboratory school may not have more than 1,000 students, 8 excluding students with disabilities in a special education 9 program. 10 As used in this Section, "alternative school" means a 11 public school which is created and operated by a Regional 12 Superintendent of Schools and approved by the State Board of 13 Education. Such alternative schools may offer courses of 14 instruction for which credit is given in regular school 15 programs, courses to prepare students for the high school 16 equivalency testing program or vocational and occupational 17 training. A regional superintendent of schools may contract 18 with a school district or a public community college district 19 to operate an alternative school. An alternative school 20 serving more than one educational service region may be 21 established by the regional superintendents of schools of the 22 affected educational service regions. An alternative school 23 serving more than one educational service region may be 24 operated under such terms as the regional superintendents of 25 schools of those educational service regions may agree. 26 Each laboratory and alternative school shall file, on 27 forms provided by the State Superintendent of Education, an 28 annual State aid claim which states the Average Daily 29 Attendance of the school's students by month. The best 3 30 months' Average Daily Attendance shall be computed for each 31 school. The general State aid entitlement shall be computed 32 by multiplying the applicable Average Daily Attendance by the 33 Foundation Level as determined under this Section. 34 (L) Payments, Additional Grants in Aid and Other -26- LRB9215882NTpk 1 Requirements. 2 (1) For a school district operating under the financial 3 supervision of an Authority created under Article 34A, the 4 general State aid otherwise payable to that district under 5 this Section, but not the supplemental general State aid, 6 shall be reduced by an amount equal to the budget for the 7 operations of the Authority as certified by the Authority to 8 the State Board of Education, and an amount equal to such 9 reduction shall be paid to the Authority created for such 10 district for its operating expenses in the manner provided in 11 Section 18-11. The remainder of general State school aid for 12 any such district shall be paid in accordance with Article 13 34A when that Article provides for a disposition other than 14 that provided by this Article. 15 (2) (Blank). 16 (3) Summer school. Summer school payments shall be made 17 as provided in Section 18-4.3. 18 (M) Education Funding Advisory Board. 19 The Education Funding Advisory Board, hereinafter in this 20 subsection (M) referred to as the "Board", is hereby created. 21 The Board shall consist of 5 members who are appointed by the 22 Governor, by and with the advice and consent of the Senate. 23 The members appointed shall include representatives of 24 education, business, and the general public. One of the 25 members so appointed shall be designated by the Governor at 26 the time the appointment is made as the chairperson of the 27 Board. The initial members of the Board may be appointed any 28 time after the effective date of this amendatory Act of 1997. 29 The regular term of each member of the Board shall be for 4 30 years from the third Monday of January of the year in which 31 the term of the member's appointment is to commence, except 32 that of the 5 initial members appointed to serve on the 33 Board, the member who is appointed as the chairperson shall 34 serve for a term that commences on the date of his or her -27- LRB9215882NTpk 1 appointment and expires on the third Monday of January, 2002, 2 and the remaining 4 members, by lots drawn at the first 3 meeting of the Board that is held after all 5 members are 4 appointed, shall determine 2 of their number to serve for 5 terms that commence on the date of their respective 6 appointments and expire on the third Monday of January, 2001, 7 and 2 of their number to serve for terms that commence on the 8 date of their respective appointments and expire on the third 9 Monday of January, 2000. All members appointed to serve on 10 the Board shall serve until their respective successors are 11 appointed and confirmed. Vacancies shall be filled in the 12 same manner as original appointments. If a vacancy in 13 membership occurs at a time when the Senate is not in 14 session, the Governor shall make a temporary appointment 15 until the next meeting of the Senate, when he or she shall 16 appoint, by and with the advice and consent of the Senate, a 17 person to fill that membership for the unexpired term. If 18 the Senate is not in session when the initial appointments 19 are made, those appointments shall be made as in the case of 20 vacancies. 21 The Education Funding Advisory Board shall be deemed 22 established, and the initial members appointed by the 23 Governor to serve as members of the Board shall take office, 24 on the date that the Governor makes his or her appointment of 25 the fifth initial member of the Board, whether those initial 26 members are then serving pursuant to appointment and 27 confirmation or pursuant to temporary appointments that are 28 made by the Governor as in the case of vacancies. 29 The State Board of Education shall provide such staff 30 assistance to the Education Funding Advisory Board as is 31 reasonably required for the proper performance by the Board 32 of its responsibilities. 33 For school years after the 2000-2001 school year, the 34 Education Funding Advisory Board, in consultation with the -28- LRB9215882NTpk 1 State Board of Education, shall make recommendations as 2 provided in this subsection (M) to the General Assembly for 3 the foundation level under subdivision (B)(3) of this Section 4 and for the supplemental general State aid grant level under 5 subsection (H) of this Section for districts with high 6 concentrations of children from poverty. The recommended 7 foundation level shall be determined based on a methodology 8 which incorporates the basic education expenditures of 9 low-spending schools exhibiting high academic performance. 10 The Education Funding Advisory Board shall make such 11 recommendations to the General Assembly on January 1 of odd 12 numbered years, beginning January 1, 2001. 13 (N) (Blank). 14 (O) References. 15 (1) References in other laws to the various subdivisions 16 of Section 18-8 as that Section existed before its repeal and 17 replacement by this Section 18-8.05 shall be deemed to refer 18 to the corresponding provisions of this Section 18-8.05, to 19 the extent that those references remain applicable. 20 (2) References in other laws to State Chapter 1 funds 21 shall be deemed to refer to the supplemental general State 22 aid provided under subsection (H) of this Section. 23 (Source: P.A. 91-24, eff. 7-1-99; 91-93, eff. 7-9-99; 91-96, 24 eff. 7-9-99; 91-111, eff. 7-14-99; 91-357, eff. 7-29-99; 25 91-533, eff. 8-13-99; 92-7, eff. 6-29-01; 92-16, eff. 26 6-28-01; 92-28, eff. 7-1-01; 92-29, eff. 7-1-01; 92-269, eff. 27 8-7-01; revised 8-7-01.) 28 Section 10. The State Aid Continuing Appropriation Law 29 is amended by changing Sections 15-10, 15-15, and 15-20 as 30 follows: 31 (105 ILCS 235/15-10) -29- LRB9215882NTpk 1 (Section scheduled to be repealed on June 30, 2002) 2 Sec. 15-10. Annual budget; recommendation. The Governor 3 shall include a Common School Fund recommendation to the 4 State Board of Education in the fiscal year 1999 through 20025 annual Budget and in the annual Budget for each fiscal year 6 thereafter Budgetssufficient to fund (i) the General State 7 Aid Formula set forth in subsection (E) (Computation of 8 General State Aid) and subsection (H) (Supplemental General 9 State Aid) of Section 18-8.05 of the School Code and (ii) the 10 supplementary payments for school districts set forth in 11 subsection (J) (Supplementary Grants in Aid) of Section 12 18-8.05 of the School Code. 13 (Source: P.A. 92-7, eff. 6-29-01.) 14 (105 ILCS 235/15-15) 15 (Section scheduled to be repealed on June 30, 2002) 16 Sec. 15-15. State Aid Formula; Funding. The General 17 Assembly shall annually make Common School Fund 18 appropriations to the State Board of Education in fiscal year 19 years1999 and in each fiscal year thereafter through 200220 sufficient to fund (i) the General State Aid Formula set 21 forth in subsection (E) (Computation of General State Aid) 22 and subsection (H) (Supplemental General State Aid) of 23 Section 18-8.05 of the School Code and (ii) the supplementary 24 payments for school districts set forth in subsection (J) 25 (Supplementary Grants in Aid) of Section 18-8.05 of the 26 School Code. 27 (Source: P.A. 92-7, eff. 6-29-01.) 28 (105 ILCS 235/15-20) 29 (Section scheduled to be repealed on June 30, 2002) 30 Sec. 15-20. Continuing appropriation. If the General 31 Assembly fails to make Common School Fund appropriations to 32 the State Board of Education in fiscal year years1999 and in -30- LRB9215882NTpk 1 each fiscal year thereafter through 2002sufficient to fund 2 (i) the General State Aid Formula set forth in subsection (E) 3 (Computation of General State Aid) and subsection (H) 4 (Supplemental General State Aid) of Section 18-8.05 of the 5 School Code and (ii) the supplementary payments for school 6 districts set forth in subsection (J) (Supplementary Grants 7 in Aid) of Section 18-8.05 of the School Code, this Article 8 shall constitute an irrevocable and continuing appropriation 9 from the Common School Fund of all amounts necessary for 10 those purposes. 11 (Source: P.A. 92-7, eff. 6-29-01.) 12 (105 ILCS 235/15-25 rep.) 13 Section 15. The General State Aid Continuing 14 Appropriation Law is amended by repealing Section 15-25. 15 Section 99. Effective date. This Act takes effect on 16 June 29, 2002.
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