Public Act 094-0438
 
HB0404 Enrolled LRB094 06639 NHT 36733 b

    AN ACT concerning schools.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
18-8.05 as follows:
 
    (105 ILCS 5/18-8.05)
    Sec. 18-8.05. Basis for apportionment of general State
financial aid and supplemental general State aid to the common
schools for the 1998-1999 and subsequent school years.
 
(A) General Provisions.
    (1) The provisions of this Section apply to the 1998-1999
and subsequent school years. The system of general State
financial aid provided for in this Section is designed to
assure that, through a combination of State financial aid and
required local resources, the financial support provided each
pupil in Average Daily Attendance equals or exceeds a
prescribed per pupil Foundation Level. This formula approach
imputes a level of per pupil Available Local Resources and
provides for the basis to calculate a per pupil level of
general State financial aid that, when added to Available Local
Resources, equals or exceeds the Foundation Level. The amount
of per pupil general State financial aid for school districts,
in general, varies in inverse relation to Available Local
Resources. Per pupil amounts are based upon each school
district's Average Daily Attendance as that term is defined in
this Section.
    (2) In addition to general State financial aid, school
districts with specified levels or concentrations of pupils
from low income households are eligible to receive supplemental
general State financial aid grants as provided pursuant to
subsection (H). The supplemental State aid grants provided for
school districts under subsection (H) shall be appropriated for
distribution to school districts as part of the same line item
in which the general State financial aid of school districts is
appropriated under this Section.
    (3) To receive financial assistance under this Section,
school districts are required to file claims with the State
Board of Education, subject to the following requirements:
        (a) Any school district which fails for any given
    school year to maintain school as required by law, or to
    maintain a recognized school is not eligible to file for
    such school year any claim upon the Common School Fund. In
    case of nonrecognition of one or more attendance centers in
    a school district otherwise operating recognized schools,
    the claim of the district shall be reduced in the
    proportion which the Average Daily Attendance in the
    attendance center or centers bear to the Average Daily
    Attendance in the school district. A "recognized school"
    means any public school which meets the standards as
    established for recognition by the State Board of
    Education. A school district or attendance center not
    having recognition status at the end of a school term is
    entitled to receive State aid payments due upon a legal
    claim which was filed while it was recognized.
        (b) School district claims filed under this Section are
    subject to Sections 18-9, 18-10, and 18-12, except as
    otherwise provided in this Section.
        (c) If a school district operates a full year school
    under Section 10-19.1, the general State aid to the school
    district shall be determined by the State Board of
    Education in accordance with this Section as near as may be
    applicable.
        (d) (Blank).
    (4) Except as provided in subsections (H) and (L), the
board of any district receiving any of the grants provided for
in this Section may apply those funds to any fund so received
for which that board is authorized to make expenditures by law.
    School districts are not required to exert a minimum
Operating Tax Rate in order to qualify for assistance under
this Section.
    (5) As used in this Section the following terms, when
capitalized, shall have the meaning ascribed herein:
        (a) "Average Daily Attendance": A count of pupil
    attendance in school, averaged as provided for in
    subsection (C) and utilized in deriving per pupil financial
    support levels.
        (b) "Available Local Resources": A computation of
    local financial support, calculated on the basis of Average
    Daily Attendance and derived as provided pursuant to
    subsection (D).
        (c) "Corporate Personal Property Replacement Taxes":
    Funds paid to local school districts pursuant to "An Act in
    relation to the abolition of ad valorem personal property
    tax and the replacement of revenues lost thereby, and
    amending and repealing certain Acts and parts of Acts in
    connection therewith", certified August 14, 1979, as
    amended (Public Act 81-1st S.S.-1).
        (d) "Foundation Level": A prescribed level of per pupil
    financial support as provided for in subsection (B).
        (e) "Operating Tax Rate": All school district property
    taxes extended for all purposes, except Bond and Interest,
    Summer School, Rent, Capital Improvement, and Vocational
    Education Building purposes.
 
(B) Foundation Level.
    (1) The Foundation Level is a figure established by the
State representing the minimum level of per pupil financial
support that should be available to provide for the basic
education of each pupil in Average Daily Attendance. As set
forth in this Section, each school district is assumed to exert
a sufficient local taxing effort such that, in combination with
the aggregate of general State financial aid provided the
district, an aggregate of State and local resources are
available to meet the basic education needs of pupils in the
district.
    (2) For the 1998-1999 school year, the Foundation Level of
support is $4,225. For the 1999-2000 school year, the
Foundation Level of support is $4,325. For the 2000-2001 school
year, the Foundation Level of support is $4,425. For the
2001-2002 school year and 2002-2003 school year, the Foundation
Level of support is $4,560. For the 2003-2004 school year, the
Foundation Level of support is $4,810.
    (3) For the 2004-2005 school year and each school year
thereafter, the Foundation Level of support is $4,964 $5,060 or
such greater amount as may be established by law by the General
Assembly.
 
(C) Average Daily Attendance.
    (1) For purposes of calculating general State aid pursuant
to subsection (E), an Average Daily Attendance figure shall be
utilized. The Average Daily Attendance figure for formula
calculation purposes shall be the monthly average of the actual
number of pupils in attendance of each school district, as
further averaged for the best 3 months of pupil attendance for
each school district. In compiling the figures for the number
of pupils in attendance, school districts and the State Board
of Education shall, for purposes of general State aid funding,
conform attendance figures to the requirements of subsection
(F).
    (2) The Average Daily Attendance figures utilized in
subsection (E) shall be the requisite attendance data for the
school year immediately preceding the school year for which
general State aid is being calculated or the average of the
attendance data for the 3 preceding school years, whichever is
greater. The Average Daily Attendance figures utilized in
subsection (H) shall be the requisite attendance data for the
school year immediately preceding the school year for which
general State aid is being calculated.
 
(D) Available Local Resources.
    (1) For purposes of calculating general State aid pursuant
to subsection (E), a representation of Available Local
Resources per pupil, as that term is defined and determined in
this subsection, shall be utilized. Available Local Resources
per pupil shall include a calculated dollar amount representing
local school district revenues from local property taxes and
from Corporate Personal Property Replacement Taxes, expressed
on the basis of pupils in Average Daily Attendance. Calculation
of Available Local Resources shall exclude any tax amnesty
funds received as a result of Public Act 93-26.
    (2) In determining a school district's revenue from local
property taxes, the State Board of Education shall utilize the
equalized assessed valuation of all taxable property of each
school district as of September 30 of the previous year. The
equalized assessed valuation utilized shall be obtained and
determined as provided in subsection (G).
    (3) For school districts maintaining grades kindergarten
through 12, local property tax revenues per pupil shall be
calculated as the product of the applicable equalized assessed
valuation for the district multiplied by 3.00%, and divided by
the district's Average Daily Attendance figure. For school
districts maintaining grades kindergarten through 8, local
property tax revenues per pupil shall be calculated as the
product of the applicable equalized assessed valuation for the
district multiplied by 2.30%, and divided by the district's
Average Daily Attendance figure. For school districts
maintaining grades 9 through 12, local property tax revenues
per pupil shall be the applicable equalized assessed valuation
of the district multiplied by 1.05%, and divided by the
district's Average Daily Attendance figure.
    (4) The Corporate Personal Property Replacement Taxes paid
to each school district during the calendar year 2 years before
the calendar year in which a school year begins, divided by the
Average Daily Attendance figure for that district, shall be
added to the local property tax revenues per pupil as derived
by the application of the immediately preceding paragraph (3).
The sum of these per pupil figures for each school district
shall constitute Available Local Resources as that term is
utilized in subsection (E) in the calculation of general State
aid.
 
(E) Computation of General State Aid.
    (1) For each school year, the amount of general State aid
allotted to a school district shall be computed by the State
Board of Education as provided in this subsection.
    (2) For any school district for which Available Local
Resources per pupil is less than the product of 0.93 times the
Foundation Level, general State aid for that district shall be
calculated as an amount equal to the Foundation Level minus
Available Local Resources, multiplied by the Average Daily
Attendance of the school district.
    (3) For any school district for which Available Local
Resources per pupil is equal to or greater than the product of
0.93 times the Foundation Level and less than the product of
1.75 times the Foundation Level, the general State aid per
pupil shall be a decimal proportion of the Foundation Level
derived using a linear algorithm. Under this linear algorithm,
the calculated general State aid per pupil shall decline in
direct linear fashion from 0.07 times the Foundation Level for
a school district with Available Local Resources equal to the
product of 0.93 times the Foundation Level, to 0.05 times the
Foundation Level for a school district with Available Local
Resources equal to the product of 1.75 times the Foundation
Level. The allocation of general State aid for school districts
subject to this paragraph 3 shall be the calculated general
State aid per pupil figure multiplied by the Average Daily
Attendance of the school district.
    (4) For any school district for which Available Local
Resources per pupil equals or exceeds the product of 1.75 times
the Foundation Level, the general State aid for the school
district shall be calculated as the product of $218 multiplied
by the Average Daily Attendance of the school district.
    (5) The amount of general State aid allocated to a school
district for the 1999-2000 school year meeting the requirements
set forth in paragraph (4) of subsection (G) shall be increased
by an amount equal to the general State aid that would have
been received by the district for the 1998-1999 school year by
utilizing the Extension Limitation Equalized Assessed
Valuation as calculated in paragraph (4) of subsection (G) less
the general State aid allotted for the 1998-1999 school year.
This amount shall be deemed a one time increase, and shall not
affect any future general State aid allocations.
 
(F) Compilation of Average Daily Attendance.
    (1) Each school district shall, by July 1 of each year,
submit to the State Board of Education, on forms prescribed by
the State Board of Education, attendance figures for the school
year that began in the preceding calendar year. The attendance
information so transmitted shall identify the average daily
attendance figures for each month of the school year. Beginning
with the general State aid claim form for the 2002-2003 school
year, districts shall calculate Average Daily Attendance as
provided in subdivisions (a), (b), and (c) of this paragraph
(1).
        (a) In districts that do not hold year-round classes,
    days of attendance in August shall be added to the month of
    September and any days of attendance in June shall be added
    to the month of May.
        (b) In districts in which all buildings hold year-round
    classes, days of attendance in July and August shall be
    added to the month of September and any days of attendance
    in June shall be added to the month of May.
        (c) In districts in which some buildings, but not all,
    hold year-round classes, for the non-year-round buildings,
    days of attendance in August shall be added to the month of
    September and any days of attendance in June shall be added
    to the month of May. The average daily attendance for the
    year-round buildings shall be computed as provided in
    subdivision (b) of this paragraph (1). To calculate the
    Average Daily Attendance for the district, the average
    daily attendance for the year-round buildings shall be
    multiplied by the days in session for the non-year-round
    buildings for each month and added to the monthly
    attendance of the non-year-round buildings.
    Except as otherwise provided in this Section, days of
attendance by pupils shall be counted only for sessions of not
less than 5 clock hours of school work per day under direct
supervision of: (i) teachers, or (ii) non-teaching personnel or
volunteer personnel when engaging in non-teaching duties and
supervising in those instances specified in subsection (a) of
Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
of legal school age and in kindergarten and grades 1 through
12.
    Days of attendance by tuition pupils shall be accredited
only to the districts that pay the tuition to a recognized
school.
    (2) Days of attendance by pupils of less than 5 clock hours
of school shall be subject to the following provisions in the
compilation of Average Daily Attendance.
        (a) Pupils regularly enrolled in a public school for
    only a part of the school day may be counted on the basis
    of 1/6 day for every class hour of instruction of 40
    minutes or more attended pursuant to such enrollment,
    unless a pupil is enrolled in a block-schedule format of 80
    minutes or more of instruction, in which case the pupil may
    be counted on the basis of the proportion of minutes of
    school work completed each day to the minimum number of
    minutes that school work is required to be held that day.
        (b) Days of attendance may be less than 5 clock hours
    on the opening and closing of the school term, and upon the
    first day of pupil attendance, if preceded by a day or days
    utilized as an institute or teachers' workshop.
        (c) A session of 4 or more clock hours may be counted
    as a day of attendance upon certification by the regional
    superintendent, and approved by the State Superintendent
    of Education to the extent that the district has been
    forced to use daily multiple sessions.
        (d) A session of 3 or more clock hours may be counted
    as a day of attendance (1) when the remainder of the school
    day or at least 2 hours in the evening of that day is
    utilized for an in-service training program for teachers,
    up to a maximum of 5 days per school year of which a
    maximum of 4 days of such 5 days may be used for
    parent-teacher conferences, provided a district conducts
    an in-service training program for teachers which has been
    approved by the State Superintendent of Education; or, in
    lieu of 4 such days, 2 full days may be used, in which
    event each such day may be counted as a day of attendance;
    and (2) when days in addition to those provided in item (1)
    are scheduled by a school pursuant to its school
    improvement plan adopted under Article 34 or its revised or
    amended school improvement plan adopted under Article 2,
    provided that (i) such sessions of 3 or more clock hours
    are scheduled to occur at regular intervals, (ii) the
    remainder of the school days in which such sessions occur
    are utilized for in-service training programs or other
    staff development activities for teachers, and (iii) a
    sufficient number of minutes of school work under the
    direct supervision of teachers are added to the school days
    between such regularly scheduled sessions to accumulate
    not less than the number of minutes by which such sessions
    of 3 or more clock hours fall short of 5 clock hours. Any
    full days used for the purposes of this paragraph shall not
    be considered for computing average daily attendance. Days
    scheduled for in-service training programs, staff
    development activities, or parent-teacher conferences may
    be scheduled separately for different grade levels and
    different attendance centers of the district.
        (e) A session of not less than one clock hour of
    teaching hospitalized or homebound pupils on-site or by
    telephone to the classroom may be counted as 1/2 day of
    attendance, however these pupils must receive 4 or more
    clock hours of instruction to be counted for a full day of
    attendance.
        (f) A session of at least 4 clock hours may be counted
    as a day of attendance for first grade pupils, and pupils
    in full day kindergartens, and a session of 2 or more hours
    may be counted as 1/2 day of attendance by pupils in
    kindergartens which provide only 1/2 day of attendance.
        (g) For children with disabilities who are below the
    age of 6 years and who cannot attend 2 or more clock hours
    because of their disability or immaturity, a session of not
    less than one clock hour may be counted as 1/2 day of
    attendance; however for such children whose educational
    needs so require a session of 4 or more clock hours may be
    counted as a full day of attendance.
        (h) A recognized kindergarten which provides for only
    1/2 day of attendance by each pupil shall not have more
    than 1/2 day of attendance counted in any one day. However,
    kindergartens may count 2 1/2 days of attendance in any 5
    consecutive school days. When a pupil attends such a
    kindergarten for 2 half days on any one school day, the
    pupil shall have the following day as a day absent from
    school, unless the school district obtains permission in
    writing from the State Superintendent of Education.
    Attendance at kindergartens which provide for a full day of
    attendance by each pupil shall be counted the same as
    attendance by first grade pupils. Only the first year of
    attendance in one kindergarten shall be counted, except in
    case of children who entered the kindergarten in their
    fifth year whose educational development requires a second
    year of kindergarten as determined under the rules and
    regulations of the State Board of Education.
        (i) On the days when the Prairie State Achievement
    Examination is administered under subsection (c) of
    Section 2-3.64 of this Code, the day of attendance for a
    pupil whose school day must be shortened to accommodate
    required testing procedures may be less than 5 clock hours
    and shall be counted towards the 176 days of actual pupil
    attendance required under Section 10-19 of this Code,
    provided that a sufficient number of minutes of school work
    in excess of 5 clock hours are first completed on other
    school days to compensate for the loss of school work on
    the examination days.
 
(G) Equalized Assessed Valuation Data.
    (1) For purposes of the calculation of Available Local
Resources required pursuant to subsection (D), the State Board
of Education shall secure from the Department of Revenue the
value as equalized or assessed by the Department of Revenue of
all taxable property of every school district, together with
(i) the applicable tax rate used in extending taxes for the
funds of the district as of September 30 of the previous year
and (ii) the limiting rate for all school districts subject to
property tax extension limitations as imposed under the
Property Tax Extension Limitation Law.
    The Department of Revenue shall add to the equalized
assessed value of all taxable property of each school district
situated entirely or partially within a county that is or was
subject to the alternative general homestead exemption
provisions of Section 15-176 of the Property Tax Code (a) (i)
an amount equal to the total amount by which the homestead
exemption allowed under Section 15-176 of the Property Tax Code
for real property situated in that school district exceeds the
total amount that would have been allowed in that school
district if the maximum reduction under Section 15-176 was (i)
$4,500 in Cook County or $3,500 in all other counties in tax
year 2003 or (ii) $5,000 in all counties in tax year 2004 and
thereafter and (b) (ii) an amount equal to the aggregate amount
for the taxable year of all additional exemptions under Section
15-175 of the Property Tax Code for owners with a household
income of $30,000 or less. The county clerk of any county that
is or was subject to the alternative general homestead
exemption provisions of Section 15-176 of the Property Tax Code
shall annually calculate and certify to the Department of
Revenue for each school district all homestead exemption
amounts under Section 15-176 of the Property Tax Code and all
amounts of additional exemptions under Section 15-175 of the
Property Tax Code for owners with a household income of $30,000
or less. It is the intent of this paragraph that if the general
homestead exemption for a parcel of property is determined
under Section 15-176 of the Property Tax Code rather than
Section 15-175, then the calculation of Available Local
Resources shall not be affected by the difference, if any,
between the amount of the general homestead exemption allowed
for that parcel of property under Section 15-176 of the
Property Tax Code and the amount that would have been allowed
had the general homestead exemption for that parcel of property
been determined under Section 15-175 of the Property Tax Code.
It is further the intent of this paragraph that if additional
exemptions are allowed under Section 15-175 of the Property Tax
Code for owners with a household income of less than $30,000,
then the calculation of Available Local Resources shall not be
affected by the difference, if any, because of those additional
exemptions.
    This equalized assessed valuation, as adjusted further by
the requirements of this subsection, shall be utilized in the
calculation of Available Local Resources.
    (2) The equalized assessed valuation in paragraph (1) shall
be adjusted, as applicable, in the following manner:
        (a) For the purposes of calculating State aid under
    this Section, with respect to any part of a school district
    within a redevelopment project area in respect to which a
    municipality has adopted tax increment allocation
    financing pursuant to the Tax Increment Allocation
    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
    of the Illinois Municipal Code or the Industrial Jobs
    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
    Illinois Municipal Code, no part of the current equalized
    assessed valuation of real property located in any such
    project area which is attributable to an increase above the
    total initial equalized assessed valuation of such
    property shall be used as part of the equalized assessed
    valuation of the district, until such time as all
    redevelopment project costs have been paid, as provided in
    Section 11-74.4-8 of the Tax Increment Allocation
    Redevelopment Act or in Section 11-74.6-35 of the
    Industrial Jobs Recovery Law. For the purpose of the
    equalized assessed valuation of the district, the total
    initial equalized assessed valuation or the current
    equalized assessed valuation, whichever is lower, shall be
    used until such time as all redevelopment project costs
    have been paid.
        (b) The real property equalized assessed valuation for
    a school district shall be adjusted by subtracting from the
    real property value as equalized or assessed by the
    Department of Revenue for the district an amount computed
    by dividing the amount of any abatement of taxes under
    Section 18-170 of the Property Tax Code by 3.00% for a
    district maintaining grades kindergarten through 12, by
    2.30% for a district maintaining grades kindergarten
    through 8, or by 1.05% for a district maintaining grades 9
    through 12 and adjusted by an amount computed by dividing
    the amount of any abatement of taxes under subsection (a)
    of Section 18-165 of the Property Tax Code by the same
    percentage rates for district type as specified in this
    subparagraph (b).
    (3) For the 1999-2000 school year and each school year
thereafter, if a school district meets all of the criteria of
this subsection (G)(3), the school district's Available Local
Resources shall be calculated under subsection (D) using the
district's Extension Limitation Equalized Assessed Valuation
as calculated under this subsection (G)(3).
    For purposes of this subsection (G)(3) the following terms
shall have the following meanings:
        "Budget Year": The school year for which general State
    aid is calculated and awarded under subsection (E).
        "Base Tax Year": The property tax levy year used to
    calculate the Budget Year allocation of general State aid.
        "Preceding Tax Year": The property tax levy year
    immediately preceding the Base Tax Year.
        "Base Tax Year's Tax Extension": The product of the
    equalized assessed valuation utilized by the County Clerk
    in the Base Tax Year multiplied by the limiting rate as
    calculated by the County Clerk and defined in the Property
    Tax Extension Limitation Law.
        "Preceding Tax Year's Tax Extension": The product of
    the equalized assessed valuation utilized by the County
    Clerk in the Preceding Tax Year multiplied by the Operating
    Tax Rate as defined in subsection (A).
        "Extension Limitation Ratio": A numerical ratio,
    certified by the County Clerk, in which the numerator is
    the Base Tax Year's Tax Extension and the denominator is
    the Preceding Tax Year's Tax Extension.
        "Operating Tax Rate": The operating tax rate as defined
    in subsection (A).
    If a school district is subject to property tax extension
limitations as imposed under the Property Tax Extension
Limitation Law, the State Board of Education shall calculate
the Extension Limitation Equalized Assessed Valuation of that
district. For the 1999-2000 school year, the Extension
Limitation Equalized Assessed Valuation of a school district as
calculated by the State Board of Education shall be equal to
the product of the district's 1996 Equalized Assessed Valuation
and the district's Extension Limitation Ratio. For the
2000-2001 school year and each school year thereafter, the
Extension Limitation Equalized Assessed Valuation of a school
district as calculated by the State Board of Education shall be
equal to the product of the Equalized Assessed Valuation last
used in the calculation of general State aid and the district's
Extension Limitation Ratio. If the Extension Limitation
Equalized Assessed Valuation of a school district as calculated
under this subsection (G)(3) is less than the district's
equalized assessed valuation as calculated pursuant to
subsections (G)(1) and (G)(2), then for purposes of calculating
the district's general State aid for the Budget Year pursuant
to subsection (E), that Extension Limitation Equalized
Assessed Valuation shall be utilized to calculate the
district's Available Local Resources under subsection (D).
    (4) For the purposes of calculating general State aid for
the 1999-2000 school year only, if a school district
experienced a triennial reassessment on the equalized assessed
valuation used in calculating its general State financial aid
apportionment for the 1998-1999 school year, the State Board of
Education shall calculate the Extension Limitation Equalized
Assessed Valuation that would have been used to calculate the
district's 1998-1999 general State aid. This amount shall equal
the product of the equalized assessed valuation used to
calculate general State aid for the 1997-1998 school year and
the district's Extension Limitation Ratio. If the Extension
Limitation Equalized Assessed Valuation of the school district
as calculated under this paragraph (4) is less than the
district's equalized assessed valuation utilized in
calculating the district's 1998-1999 general State aid
allocation, then for purposes of calculating the district's
general State aid pursuant to paragraph (5) of subsection (E),
that Extension Limitation Equalized Assessed Valuation shall
be utilized to calculate the district's Available Local
Resources.
    (5) For school districts having a majority of their
equalized assessed valuation in any county except Cook, DuPage,
Kane, Lake, McHenry, or Will, if the amount of general State
aid allocated to the school district for the 1999-2000 school
year under the provisions of subsection (E), (H), and (J) of
this Section is less than the amount of general State aid
allocated to the district for the 1998-1999 school year under
these subsections, then the general State aid of the district
for the 1999-2000 school year only shall be increased by the
difference between these amounts. The total payments made under
this paragraph (5) shall not exceed $14,000,000. Claims shall
be prorated if they exceed $14,000,000.
 
(H) Supplemental General State Aid.
    (1) In addition to the general State aid a school district
is allotted pursuant to subsection (E), qualifying school
districts shall receive a grant, paid in conjunction with a
district's payments of general State aid, for supplemental
general State aid based upon the concentration level of
children from low-income households within the school
district. Supplemental State aid grants provided for school
districts under this subsection shall be appropriated for
distribution to school districts as part of the same line item
in which the general State financial aid of school districts is
appropriated under this Section. If the appropriation in any
fiscal year for general State aid and supplemental general
State aid is insufficient to pay the amounts required under the
general State aid and supplemental general State aid
calculations, then the State Board of Education shall ensure
that each school district receives the full amount due for
general State aid and the remainder of the appropriation shall
be used for supplemental general State aid, which the State
Board of Education shall calculate and pay to eligible
districts on a prorated basis.
    (1.5) This paragraph (1.5) applies only to those school
years preceding the 2003-2004 school year. For purposes of this
subsection (H), the term "Low-Income Concentration Level"
shall be the low-income eligible pupil count from the most
recently available federal census divided by the Average Daily
Attendance of the school district. If, however, (i) the
percentage decrease from the 2 most recent federal censuses in
the low-income eligible pupil count of a high school district
with fewer than 400 students exceeds by 75% or more the
percentage change in the total low-income eligible pupil count
of contiguous elementary school districts, whose boundaries
are coterminous with the high school district, or (ii) a high
school district within 2 counties and serving 5 elementary
school districts, whose boundaries are coterminous with the
high school district, has a percentage decrease from the 2 most
recent federal censuses in the low-income eligible pupil count
and there is a percentage increase in the total low-income
eligible pupil count of a majority of the elementary school
districts in excess of 50% from the 2 most recent federal
censuses, then the high school district's low-income eligible
pupil count from the earlier federal census shall be the number
used as the low-income eligible pupil count for the high school
district, for purposes of this subsection (H). The changes made
to this paragraph (1) by Public Act 92-28 shall apply to
supplemental general State aid grants for school years
preceding the 2003-2004 school year that are paid in fiscal
year 1999 or thereafter and to any State aid payments made in
fiscal year 1994 through fiscal year 1998 pursuant to
subsection 1(n) of Section 18-8 of this Code (which was
repealed on July 1, 1998), and any high school district that is
affected by Public Act 92-28 is entitled to a recomputation of
its supplemental general State aid grant or State aid paid in
any of those fiscal years. This recomputation shall not be
affected by any other funding.
    (1.10) This paragraph (1.10) applies to the 2003-2004
school year and each school year thereafter. For purposes of
this subsection (H), the term "Low-Income Concentration Level"
shall, for each fiscal year, be the low-income eligible pupil
count as of July 1 of the immediately preceding fiscal year (as
determined by the Department of Human Services based on the
number of pupils who are eligible for at least one of the
following low income programs: Medicaid, KidCare, TANF, or Food
Stamps, excluding pupils who are eligible for services provided
by the Department of Children and Family Services, averaged
over the 2 immediately preceding fiscal years for fiscal year
2004 and over the 3 immediately preceding fiscal years for each
fiscal year thereafter) divided by the Average Daily Attendance
of the school district.
    (2) Supplemental general State aid pursuant to this
subsection (H) shall be provided as follows for the 1998-1999,
1999-2000, and 2000-2001 school years only:
        (a) For any school district with a Low Income
    Concentration Level of at least 20% and less than 35%, the
    grant for any school year shall be $800 multiplied by the
    low income eligible pupil count.
        (b) For any school district with a Low Income
    Concentration Level of at least 35% and less than 50%, the
    grant for the 1998-1999 school year shall be $1,100
    multiplied by the low income eligible pupil count.
        (c) For any school district with a Low Income
    Concentration Level of at least 50% and less than 60%, the
    grant for the 1998-99 school year shall be $1,500
    multiplied by the low income eligible pupil count.
        (d) For any school district with a Low Income
    Concentration Level of 60% or more, the grant for the
    1998-99 school year shall be $1,900 multiplied by the low
    income eligible pupil count.
        (e) For the 1999-2000 school year, the per pupil amount
    specified in subparagraphs (b), (c), and (d) immediately
    above shall be increased to $1,243, $1,600, and $2,000,
    respectively.
        (f) For the 2000-2001 school year, the per pupil
    amounts specified in subparagraphs (b), (c), and (d)
    immediately above shall be $1,273, $1,640, and $2,050,
    respectively.
    (2.5) Supplemental general State aid pursuant to this
subsection (H) shall be provided as follows for the 2002-2003
school year:
        (a) For any school district with a Low Income
    Concentration Level of less than 10%, the grant for each
    school year shall be $355 multiplied by the low income
    eligible pupil count.
        (b) For any school district with a Low Income
    Concentration Level of at least 10% and less than 20%, the
    grant for each school year shall be $675 multiplied by the
    low income eligible pupil count.
        (c) For any school district with a Low Income
    Concentration Level of at least 20% and less than 35%, the
    grant for each school year shall be $1,330 multiplied by
    the low income eligible pupil count.
        (d) For any school district with a Low Income
    Concentration Level of at least 35% and less than 50%, the
    grant for each school year shall be $1,362 multiplied by
    the low income eligible pupil count.
        (e) For any school district with a Low Income
    Concentration Level of at least 50% and less than 60%, the
    grant for each school year shall be $1,680 multiplied by
    the low income eligible pupil count.
        (f) For any school district with a Low Income
    Concentration Level of 60% or more, the grant for each
    school year shall be $2,080 multiplied by the low income
    eligible pupil count.
    (2.10) Except as otherwise provided, supplemental general
State aid pursuant to this subsection (H) shall be provided as
follows for the 2003-2004 school year and each school year
thereafter:
        (a) For any school district with a Low Income
    Concentration Level of 15% or less, the grant for each
    school year shall be $355 multiplied by the low income
    eligible pupil count.
        (b) For any school district with a Low Income
    Concentration Level greater than 15%, the grant for each
    school year shall be $294.25 added to the product of $2,700
    and the square of the Low Income Concentration Level, all
    multiplied by the low income eligible pupil count.
    For the 2003-2004 and 2004-2005 school year only, the grant
shall be no less than the grant for the 2002-2003 school year.
For the 2005-2006 school year only, the grant shall be no less
than the grant for the 2002-2003 school year multiplied by
0.66. For the 2006-2007 school year only, the grant shall be no
less than the grant for the 2002-2003 school year multiplied by
0.33.
    For the 2003-2004 school year only, the grant shall be no
greater than the grant received during the 2002-2003 school
year added to the product of 0.25 multiplied by the difference
between the grant amount calculated under subsection (a) or (b)
of this paragraph (2.10), whichever is applicable, and the
grant received during the 2002-2003 school year. For the
2004-2005 school year only, the grant shall be no greater than
the grant received during the 2002-2003 school year added to
the product of 0.50 multiplied by the difference between the
grant amount calculated under subsection (a) or (b) of this
paragraph (2.10), whichever is applicable, and the grant
received during the 2002-2003 school year. For the 2005-2006
school year only, the grant shall be no greater than the grant
received during the 2002-2003 school year added to the product
of 0.75 multiplied by the difference between the grant amount
calculated under subsection (a) or (b) of this paragraph
(2.10), whichever is applicable, and the grant received during
the 2002-2003 school year.
    (3) School districts with an Average Daily Attendance of
more than 1,000 and less than 50,000 that qualify for
supplemental general State aid pursuant to this subsection
shall submit a plan to the State Board of Education prior to
October 30 of each year for the use of the funds resulting from
this grant of supplemental general State aid for the
improvement of instruction in which priority is given to
meeting the education needs of disadvantaged children. Such
plan shall be submitted in accordance with rules and
regulations promulgated by the State Board of Education.
    (4) School districts with an Average Daily Attendance of
50,000 or more that qualify for supplemental general State aid
pursuant to this subsection shall be required to distribute
from funds available pursuant to this Section, no less than
$261,000,000 in accordance with the following requirements:
        (a) The required amounts shall be distributed to the
    attendance centers within the district in proportion to the
    number of pupils enrolled at each attendance center who are
    eligible to receive free or reduced-price lunches or
    breakfasts under the federal Child Nutrition Act of 1966
    and under the National School Lunch Act during the
    immediately preceding school year.
        (b) The distribution of these portions of supplemental
    and general State aid among attendance centers according to
    these requirements shall not be compensated for or
    contravened by adjustments of the total of other funds
    appropriated to any attendance centers, and the Board of
    Education shall utilize funding from one or several sources
    in order to fully implement this provision annually prior
    to the opening of school.
        (c) Each attendance center shall be provided by the
    school district a distribution of noncategorical funds and
    other categorical funds to which an attendance center is
    entitled under law in order that the general State aid and
    supplemental general State aid provided by application of
    this subsection supplements rather than supplants the
    noncategorical funds and other categorical funds provided
    by the school district to the attendance centers.
        (d) Any funds made available under this subsection that
    by reason of the provisions of this subsection are not
    required to be allocated and provided to attendance centers
    may be used and appropriated by the board of the district
    for any lawful school purpose.
        (e) Funds received by an attendance center pursuant to
    this subsection shall be used by the attendance center at
    the discretion of the principal and local school council
    for programs to improve educational opportunities at
    qualifying schools through the following programs and
    services: early childhood education, reduced class size or
    improved adult to student classroom ratio, enrichment
    programs, remedial assistance, attendance improvement, and
    other educationally beneficial expenditures which
    supplement the regular and basic programs as determined by
    the State Board of Education. Funds provided shall not be
    expended for any political or lobbying purposes as defined
    by board rule.
        (f) Each district subject to the provisions of this
    subdivision (H)(4) shall submit an acceptable plan to meet
    the educational needs of disadvantaged children, in
    compliance with the requirements of this paragraph, to the
    State Board of Education prior to July 15 of each year.
    This plan shall be consistent with the decisions of local
    school councils concerning the school expenditure plans
    developed in accordance with part 4 of Section 34-2.3. The
    State Board shall approve or reject the plan within 60 days
    after its submission. If the plan is rejected, the district
    shall give written notice of intent to modify the plan
    within 15 days of the notification of rejection and then
    submit a modified plan within 30 days after the date of the
    written notice of intent to modify. Districts may amend
    approved plans pursuant to rules promulgated by the State
    Board of Education.
        Upon notification by the State Board of Education that
    the district has not submitted a plan prior to July 15 or a
    modified plan within the time period specified herein, the
    State aid funds affected by that plan or modified plan
    shall be withheld by the State Board of Education until a
    plan or modified plan is submitted.
        If the district fails to distribute State aid to
    attendance centers in accordance with an approved plan, the
    plan for the following year shall allocate funds, in
    addition to the funds otherwise required by this
    subsection, to those attendance centers which were
    underfunded during the previous year in amounts equal to
    such underfunding.
        For purposes of determining compliance with this
    subsection in relation to the requirements of attendance
    center funding, each district subject to the provisions of
    this subsection shall submit as a separate document by
    December 1 of each year a report of expenditure data for
    the prior year in addition to any modification of its
    current plan. If it is determined that there has been a
    failure to comply with the expenditure provisions of this
    subsection regarding contravention or supplanting, the
    State Superintendent of Education shall, within 60 days of
    receipt of the report, notify the district and any affected
    local school council. The district shall within 45 days of
    receipt of that notification inform the State
    Superintendent of Education of the remedial or corrective
    action to be taken, whether by amendment of the current
    plan, if feasible, or by adjustment in the plan for the
    following year. Failure to provide the expenditure report
    or the notification of remedial or corrective action in a
    timely manner shall result in a withholding of the affected
    funds.
        The State Board of Education shall promulgate rules and
    regulations to implement the provisions of this
    subsection. No funds shall be released under this
    subdivision (H)(4) to any district that has not submitted a
    plan that has been approved by the State Board of
    Education.
 
(I) General State Aid for Newly Configured School Districts.
    (1) For a new school district formed by combining property
included totally within 2 or more previously existing school
districts, for its first year of existence the general State
aid and supplemental general State aid calculated under this
Section shall be computed for the new district and for the
previously existing districts for which property is totally
included within the new district. If the computation on the
basis of the previously existing districts is greater, a
supplementary payment equal to the difference shall be made for
the first 4 years of existence of the new district.
    (2) For a school district which annexes all of the
territory of one or more entire other school districts, for the
first year during which the change of boundaries attributable
to such annexation becomes effective for all purposes as
determined under Section 7-9 or 7A-8, the general State aid and
supplemental general State aid calculated under this Section
shall be computed for the annexing district as constituted
after the annexation and for the annexing and each annexed
district as constituted prior to the annexation; and if the
computation on the basis of the annexing and annexed districts
as constituted prior to the annexation is greater, a
supplementary payment equal to the difference shall be made for
the first 4 years of existence of the annexing school district
as constituted upon such annexation.
    (3) For 2 or more school districts which annex all of the
territory of one or more entire other school districts, and for
2 or more community unit districts which result upon the
division (pursuant to petition under Section 11A-2) of one or
more other unit school districts into 2 or more parts and which
together include all of the parts into which such other unit
school district or districts are so divided, for the first year
during which the change of boundaries attributable to such
annexation or division becomes effective for all purposes as
determined under Section 7-9 or 11A-10, as the case may be, the
general State aid and supplemental general State aid calculated
under this Section shall be computed for each annexing or
resulting district as constituted after the annexation or
division and for each annexing and annexed district, or for
each resulting and divided district, as constituted prior to
the annexation or division; and if the aggregate of the general
State aid and supplemental general State aid as so computed for
the annexing or resulting districts as constituted after the
annexation or division is less than the aggregate of the
general State aid and supplemental general State aid as so
computed for the annexing and annexed districts, or for the
resulting and divided districts, as constituted prior to the
annexation or division, then a supplementary payment equal to
the difference shall be made and allocated between or among the
annexing or resulting districts, as constituted upon such
annexation or division, for the first 4 years of their
existence. The total difference payment shall be allocated
between or among the annexing or resulting districts in the
same ratio as the pupil enrollment from that portion of the
annexed or divided district or districts which is annexed to or
included in each such annexing or resulting district bears to
the total pupil enrollment from the entire annexed or divided
district or districts, as such pupil enrollment is determined
for the school year last ending prior to the date when the
change of boundaries attributable to the annexation or division
becomes effective for all purposes. The amount of the total
difference payment and the amount thereof to be allocated to
the annexing or resulting districts shall be computed by the
State Board of Education on the basis of pupil enrollment and
other data which shall be certified to the State Board of
Education, on forms which it shall provide for that purpose, by
the regional superintendent of schools for each educational
service region in which the annexing and annexed districts, or
resulting and divided districts are located.
    (3.5) Claims for financial assistance under this
subsection (I) shall not be recomputed except as expressly
provided under this Section.
    (4) Any supplementary payment made under this subsection
(I) shall be treated as separate from all other payments made
pursuant to this Section.
 
(J) Supplementary Grants in Aid.
    (1) Notwithstanding any other provisions of this Section,
the amount of the aggregate general State aid in combination
with supplemental general State aid under this Section for
which each school district is eligible shall be no less than
the amount of the aggregate general State aid entitlement that
was received by the district under Section 18-8 (exclusive of
amounts received under subsections 5(p) and 5(p-5) of that
Section) for the 1997-98 school year, pursuant to the
provisions of that Section as it was then in effect. If a
school district qualifies to receive a supplementary payment
made under this subsection (J), the amount of the aggregate
general State aid in combination with supplemental general
State aid under this Section which that district is eligible to
receive for each school year shall be no less than the amount
of the aggregate general State aid entitlement that was
received by the district under Section 18-8 (exclusive of
amounts received under subsections 5(p) and 5(p-5) of that
Section) for the 1997-1998 school year, pursuant to the
provisions of that Section as it was then in effect.
    (2) If, as provided in paragraph (1) of this subsection
(J), a school district is to receive aggregate general State
aid in combination with supplemental general State aid under
this Section for the 1998-99 school year and any subsequent
school year that in any such school year is less than the
amount of the aggregate general State aid entitlement that the
district received for the 1997-98 school year, the school
district shall also receive, from a separate appropriation made
for purposes of this subsection (J), a supplementary payment
that is equal to the amount of the difference in the aggregate
State aid figures as described in paragraph (1).
    (3) (Blank).
 
(K) Grants to Laboratory and Alternative Schools.
    In calculating the amount to be paid to the governing board
of a public university that operates a laboratory school under
this Section or to any alternative school that is operated by a
regional superintendent of schools, the State Board of
Education shall require by rule such reporting requirements as
it deems necessary.
    As used in this Section, "laboratory school" means a public
school which is created and operated by a public university and
approved by the State Board of Education. The governing board
of a public university which receives funds from the State
Board under this subsection (K) may not increase the number of
students enrolled in its laboratory school from a single
district, if that district is already sending 50 or more
students, except under a mutual agreement between the school
board of a student's district of residence and the university
which operates the laboratory school. A laboratory school may
not have more than 1,000 students, excluding students with
disabilities in a special education program.
    As used in this Section, "alternative school" means a
public school which is created and operated by a Regional
Superintendent of Schools and approved by the State Board of
Education. Such alternative schools may offer courses of
instruction for which credit is given in regular school
programs, courses to prepare students for the high school
equivalency testing program or vocational and occupational
training. A regional superintendent of schools may contract
with a school district or a public community college district
to operate an alternative school. An alternative school serving
more than one educational service region may be established by
the regional superintendents of schools of the affected
educational service regions. An alternative school serving
more than one educational service region may be operated under
such terms as the regional superintendents of schools of those
educational service regions may agree.
    Each laboratory and alternative school shall file, on forms
provided by the State Superintendent of Education, an annual
State aid claim which states the Average Daily Attendance of
the school's students by month. The best 3 months' Average
Daily Attendance shall be computed for each school. The general
State aid entitlement shall be computed by multiplying the
applicable Average Daily Attendance by the Foundation Level as
determined under this Section.
 
(L) Payments, Additional Grants in Aid and Other Requirements.
    (1) For a school district operating under the financial
supervision of an Authority created under Article 34A, the
general State aid otherwise payable to that district under this
Section, but not the supplemental general State aid, shall be
reduced by an amount equal to the budget for the operations of
the Authority as certified by the Authority to the State Board
of Education, and an amount equal to such reduction shall be
paid to the Authority created for such district for its
operating expenses in the manner provided in Section 18-11. The
remainder of general State school aid for any such district
shall be paid in accordance with Article 34A when that Article
provides for a disposition other than that provided by this
Article.
    (2) (Blank).
    (3) Summer school. Summer school payments shall be made as
provided in Section 18-4.3.
 
(M) Education Funding Advisory Board.
    The Education Funding Advisory Board, hereinafter in this
subsection (M) referred to as the "Board", is hereby created.
The Board shall consist of 5 members who are appointed by the
Governor, by and with the advice and consent of the Senate. The
members appointed shall include representatives of education,
business, and the general public. One of the members so
appointed shall be designated by the Governor at the time the
appointment is made as the chairperson of the Board. The
initial members of the Board may be appointed any time after
the effective date of this amendatory Act of 1997. The regular
term of each member of the Board shall be for 4 years from the
third Monday of January of the year in which the term of the
member's appointment is to commence, except that of the 5
initial members appointed to serve on the Board, the member who
is appointed as the chairperson shall serve for a term that
commences on the date of his or her appointment and expires on
the third Monday of January, 2002, and the remaining 4 members,
by lots drawn at the first meeting of the Board that is held
after all 5 members are appointed, shall determine 2 of their
number to serve for terms that commence on the date of their
respective appointments and expire on the third Monday of
January, 2001, and 2 of their number to serve for terms that
commence on the date of their respective appointments and
expire on the third Monday of January, 2000. All members
appointed to serve on the Board shall serve until their
respective successors are appointed and confirmed. Vacancies
shall be filled in the same manner as original appointments. If
a vacancy in membership occurs at a time when the Senate is not
in session, the Governor shall make a temporary appointment
until the next meeting of the Senate, when he or she shall
appoint, by and with the advice and consent of the Senate, a
person to fill that membership for the unexpired term. If the
Senate is not in session when the initial appointments are
made, those appointments shall be made as in the case of
vacancies.
    The Education Funding Advisory Board shall be deemed
established, and the initial members appointed by the Governor
to serve as members of the Board shall take office, on the date
that the Governor makes his or her appointment of the fifth
initial member of the Board, whether those initial members are
then serving pursuant to appointment and confirmation or
pursuant to temporary appointments that are made by the
Governor as in the case of vacancies.
    The State Board of Education shall provide such staff
assistance to the Education Funding Advisory Board as is
reasonably required for the proper performance by the Board of
its responsibilities.
    For school years after the 2000-2001 school year, the
Education Funding Advisory Board, in consultation with the
State Board of Education, shall make recommendations as
provided in this subsection (M) to the General Assembly for the
foundation level under subdivision (B)(3) of this Section and
for the supplemental general State aid grant level under
subsection (H) of this Section for districts with high
concentrations of children from poverty. The recommended
foundation level shall be determined based on a methodology
which incorporates the basic education expenditures of
low-spending schools exhibiting high academic performance. The
Education Funding Advisory Board shall make such
recommendations to the General Assembly on January 1 of odd
numbered years, beginning January 1, 2001.
 
(N) (Blank).
 
(O) References.
    (1) References in other laws to the various subdivisions of
Section 18-8 as that Section existed before its repeal and
replacement by this Section 18-8.05 shall be deemed to refer to
the corresponding provisions of this Section 18-8.05, to the
extent that those references remain applicable.
    (2) References in other laws to State Chapter 1 funds shall
be deemed to refer to the supplemental general State aid
provided under subsection (H) of this Section.
 
(P) Public Act 93-838 This amendatory Act of the 93rd General
Assembly and Public Act 93-808 House Bill 4266 of the 93rd
General Assembly make inconsistent changes to this Section. If
House Bill 4266 becomes law, then Under Section 6 of the
Statute on Statutes there is an irreconcilable conflict between
Public Act 93-808 and Public Act 93-838 House Bill 4266 and
this amendatory Act. Public Act 93-838 This amendatory Act,
being the last acted upon, is controlling. The text of Public
Act 93-838 this amendatory Act is the law regardless of the
text of Public Act 93-808 House Bill 4266.
(Source: P.A. 92-16, eff. 6-28-01; 92-28, eff. 7-1-01; 92-29,
eff. 7-1-01; 92-269, eff. 8-7-01; 92-604, eff. 7-1-02; 92-636,
eff. 7-11-02; 92-651, eff. 7-11-02; 93-21, eff. 7-1-03; 93-715,
eff. 7-12-04; 93-808, eff. 7-26-04; 93-838, eff. 7-30-04;
93-875, eff. 8-6-04; revised 10-21-04.)
 
    Section 99. Effective date. This Act takes effect July 1,
2005.