Full Text of HB3053 101st General Assembly
HB3053ham001 101ST GENERAL ASSEMBLY | Rep. Rita Mayfield Filed: 3/14/2019
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| 1 | | AMENDMENT TO HOUSE BILL 3053
| 2 | | AMENDMENT NO. ______. Amend House Bill 3053 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be referred to as the | 5 | | Classrooms First Act. | 6 | | Section 5. The School Code is amended by changing 11E-135 | 7 | | and by adding Section 11E-140 as follows: | 8 | | (105 ILCS 5/11E-135) | 9 | | Sec. 11E-135. Incentives. Except as provided under Section | 10 | | 11E-140, for For districts reorganizing under this Article and | 11 | | for a district or districts that annex all of the territory of | 12 | | one or more entire other school districts in accordance with | 13 | | Article 7 of this Code, the following payments shall be made | 14 | | from appropriations made for these purposes: | 15 | | (a)(1) For a combined school district, as defined in |
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| 1 | | Section 11E-20 of this Code, or for a unit district, as defined | 2 | | in Section 11E-25 of this Code, for its first year of | 3 | | existence, the general State aid and supplemental general State | 4 | | aid calculated under Section 18-8.05 of this Code or the | 5 | | evidence-based funding calculated under Section 18-8.15 of | 6 | | this Code, as applicable, shall be computed for the new | 7 | | district and for the previously existing districts for which | 8 | | property is totally included within the new district. If the | 9 | | computation on the basis of the previously existing districts | 10 | | is greater, a supplementary payment equal to the difference | 11 | | shall be made for the first 4 years of existence of the new | 12 | | district. | 13 | | (2) For a school district that annexes all of the territory | 14 | | of one or more entire other school districts as defined in | 15 | | Article 7 of this Code, for the first year during which the | 16 | | change of boundaries attributable to the annexation becomes | 17 | | effective for all purposes, as determined under Section 7-9 of | 18 | | this Code, the general State aid and supplemental general State | 19 | | aid calculated under Section 18-8.05 of this Code or the | 20 | | evidence-based funding calculated under Section 18-8.15 of | 21 | | this Code, as applicable, shall be computed for the annexing | 22 | | district as constituted after the annexation and for the | 23 | | annexing and each annexed district as constituted prior to the | 24 | | annexation; and if the computation on the basis of the annexing | 25 | | and annexed districts as constituted prior to the annexation is | 26 | | greater, then a supplementary payment equal to the difference |
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| 1 | | shall be made for the first 4 years of existence of the | 2 | | annexing school district as constituted upon the annexation. | 3 | | (3) For 2 or more school districts that annex all of the | 4 | | territory of one or more entire other school districts, as | 5 | | defined in Article 7 of this Code, for the first year during | 6 | | which the change of boundaries attributable to the annexation | 7 | | becomes effective for all purposes, as determined under Section | 8 | | 7-9 of this Code, the general State aid and supplemental | 9 | | general State aid calculated under Section 18-8.05 of this Code | 10 | | or the evidence-based funding calculated under Section 18-8.15 | 11 | | of this Code, as applicable, shall be computed for each | 12 | | annexing district as constituted after the annexation and for | 13 | | each annexing and annexed district as constituted prior to the | 14 | | annexation; and if the aggregate of the general State aid and | 15 | | supplemental general State aid or evidence-based funding, as | 16 | | applicable, as so computed for the annexing districts as | 17 | | constituted after the annexation is less than the aggregate of | 18 | | the general State aid and supplemental general State aid or | 19 | | evidence-based funding, as applicable, as so computed for the | 20 | | annexing and annexed districts, as constituted prior to the | 21 | | annexation, then a supplementary payment equal to the | 22 | | difference shall be made and allocated between or among the | 23 | | annexing districts, as constituted upon the annexation, for the | 24 | | first 4 years of their existence. The total difference payment | 25 | | shall be allocated between or among the annexing districts in | 26 | | the same ratio as the pupil enrollment from that portion of the |
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| 1 | | annexed district or districts that is annexed to each annexing | 2 | | district bears to the total pupil enrollment from the entire | 3 | | annexed district or districts, as such pupil enrollment is | 4 | | determined for the school year last ending prior to the date | 5 | | when the change of boundaries attributable to the annexation | 6 | | becomes effective for all purposes. The amount of the total | 7 | | difference payment and the amount thereof to be allocated to | 8 | | the annexing districts shall be computed by the State Board of | 9 | | Education on the basis of pupil enrollment and other data that | 10 | | shall be certified to the State Board of Education, on forms | 11 | | that it shall provide for that purpose, by the regional | 12 | | superintendent of schools for each educational service region | 13 | | in which the annexing and annexed districts are located. | 14 | | (4) For a school district conversion, as defined in Section | 15 | | 11E-15 of this Code, or a multi-unit conversion, as defined in | 16 | | subsection (b) of Section 11E-30 of this Code, if in their | 17 | | first year of existence the newly created elementary districts | 18 | | and the newly created high school district, from a school | 19 | | district conversion, or the newly created elementary district | 20 | | or districts and newly created combined high school - unit | 21 | | district, from a multi-unit conversion, qualify for less | 22 | | general State aid under Section 18-8.05 of this Code or | 23 | | evidence-based funding under Section 18-8.15 of this Code than | 24 | | would have been payable under Section 18-8.05 or 18-8.15, as | 25 | | applicable, for that same year to the previously existing | 26 | | districts, then a supplementary payment equal to that |
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| 1 | | difference shall be made for the first 4 years of existence of | 2 | | the newly created districts. The aggregate amount of each | 3 | | supplementary payment shall be allocated among the newly | 4 | | created districts in the proportion that the deemed pupil | 5 | | enrollment in each district during its first year of existence | 6 | | bears to the actual aggregate pupil enrollment in all of the | 7 | | districts during their first year of existence. For purposes of | 8 | | each allocation: | 9 | | (A) the deemed pupil enrollment of the newly created | 10 | | high school district from a school district conversion | 11 | | shall be an amount equal to its actual pupil enrollment for | 12 | | its first year of existence multiplied by 1.25; | 13 | | (B) the deemed pupil enrollment of each newly created | 14 | | elementary district from a school district conversion | 15 | | shall be an amount equal to its actual pupil enrollment for | 16 | | its first year of existence reduced by an amount equal to | 17 | | the product obtained when the amount by which the newly | 18 | | created high school district's deemed pupil enrollment | 19 | | exceeds its actual pupil enrollment for its first year of | 20 | | existence is multiplied by a fraction, the numerator of | 21 | | which is the actual pupil enrollment of the newly created | 22 | | elementary district for its first year of existence and the | 23 | | denominator of which is the actual aggregate pupil | 24 | | enrollment of all of the newly created elementary districts | 25 | | for their first year of existence; | 26 | | (C) the deemed high school pupil enrollment of the |
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| 1 | | newly created combined high school - unit district from a | 2 | | multi-unit conversion shall be an amount equal to its | 3 | | actual grades 9 through 12 pupil enrollment for its first | 4 | | year of existence multiplied by 1.25; and | 5 | | (D) the deemed elementary pupil enrollment of each | 6 | | newly created district from a multi-unit conversion shall | 7 | | be an amount equal to each district's actual grade K | 8 | | through 8 pupil enrollment for its first year of existence, | 9 | | reduced by an amount equal to the product obtained when the | 10 | | amount by which the newly created combined high school - | 11 | | unit district's deemed high school pupil enrollment | 12 | | exceeds its actual grade 9 through 12 pupil enrollment for | 13 | | its first year of existence is multiplied by a fraction, | 14 | | the numerator of which is the actual grade K through 8 | 15 | | pupil enrollment of each newly created district for its | 16 | | first year of existence and the denominator of which is the | 17 | | actual aggregate grade K through 8 pupil enrollment of all | 18 | | such newly created districts for their first year of | 19 | | existence. | 20 | | The aggregate amount of each supplementary payment under | 21 | | this subdivision (4) and the amount thereof to be allocated to | 22 | | the newly created districts shall be computed by the State | 23 | | Board of Education on the basis of pupil enrollment and other | 24 | | data, which shall be certified to the State Board of Education, | 25 | | on forms that it shall provide for that purpose, by the | 26 | | regional superintendent of schools for each educational |
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| 1 | | service region in which the newly created districts are | 2 | | located.
| 3 | | (5) For a partial elementary unit district, as defined in | 4 | | subsection (a) or (c) of Section 11E-30 of this Code, if, in | 5 | | the first year of existence, the newly created partial | 6 | | elementary unit district qualifies for less general State aid | 7 | | and supplemental general State aid under Section 18-8.05 of | 8 | | this Code or less evidence-based funding under Section 18-8.15 | 9 | | of this Code, as applicable, than would have been payable under | 10 | | those Sections for that same year to the previously existing | 11 | | districts that formed the partial elementary unit district, | 12 | | then a supplementary payment equal to that difference shall be | 13 | | made to the partial elementary unit district for the first 4 | 14 | | years of existence of that newly created district. | 15 | | (6) For an elementary opt-in, as described in subsection | 16 | | (d) of Section 11E-30 of this Code, the general State aid or | 17 | | evidence-based funding difference shall be computed in | 18 | | accordance with paragraph (5) of this subsection (a) as if the | 19 | | elementary opt-in was included in an optional elementary unit | 20 | | district at the optional elementary unit district's original | 21 | | effective date. If the calculation in this paragraph (6) is | 22 | | less than that calculated in paragraph (5) of this subsection | 23 | | (a) at the optional elementary unit district's original | 24 | | effective date, then no adjustments may be made. If the | 25 | | calculation in this paragraph (6) is more than that calculated | 26 | | in paragraph (5) of this subsection (a) at the optional |
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| 1 | | elementary unit district's original effective date, then the | 2 | | excess must be paid as follows: | 3 | | (A) If the effective date for the elementary opt-in is | 4 | | one year after the effective date for the optional | 5 | | elementary unit district, 100% of the calculated excess | 6 | | shall be paid to the optional elementary unit district in | 7 | | each of the first 4 years after the effective date of the | 8 | | elementary opt-in. | 9 | | (B) If the effective date for the elementary opt-in is | 10 | | 2 years after the effective date for the optional | 11 | | elementary unit district, 75% of the calculated excess | 12 | | shall be paid to the optional elementary unit district in | 13 | | each of the first 4 years after the effective date of the | 14 | | elementary opt-in. | 15 | | (C) If the effective date for the elementary opt-in is | 16 | | 3 years after the effective date for the optional | 17 | | elementary unit district, 50% of the calculated excess | 18 | | shall be paid to the optional elementary unit district in | 19 | | each of the first 4 years after the effective date of the | 20 | | elementary opt-in. | 21 | | (D) If the effective date for the elementary opt-in is | 22 | | 4 years after the effective date for the optional | 23 | | elementary unit district, 25% of the calculated excess | 24 | | shall be paid to the optional elementary unit district in | 25 | | each of the first 4 years after the effective date of the | 26 | | elementary opt-in. |
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| 1 | | (E) If the effective date for the elementary opt-in is | 2 | | 5 years after the effective date for the optional | 3 | | elementary unit district, the optional elementary unit | 4 | | district is not eligible for any additional incentives due | 5 | | to the elementary opt-in. | 6 | | (6.5) For a school district that annexes territory detached | 7 | | from another school district whereby the enrollment of the | 8 | | annexing district increases by 90% or more as a result of the | 9 | | annexation, for the first year during which the change of | 10 | | boundaries attributable to the annexation becomes effective | 11 | | for all purposes as determined under Section 7-9 of this Code, | 12 | | the general State aid and supplemental general State aid or | 13 | | evidence-based funding, as applicable, calculated under this | 14 | | Section shall be computed for the district gaining territory | 15 | | and the district losing territory as constituted after the | 16 | | annexation and for the same districts as constituted prior to | 17 | | the annexation; and if the aggregate of the general State aid | 18 | | and supplemental general State aid or evidence-based funding, | 19 | | as applicable, as so computed for the district gaining | 20 | | territory and the district losing territory as constituted | 21 | | after the annexation is less than the aggregate of the general | 22 | | State aid and supplemental general State aid or evidence-based | 23 | | funding, as applicable, as so computed for the district gaining | 24 | | territory and the district losing territory as constituted | 25 | | prior to the annexation, then a supplementary payment shall be | 26 | | made to the annexing district for the first 4 years of |
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| 1 | | existence after the annexation, equal to the difference | 2 | | multiplied by the ratio of student enrollment in the territory | 3 | | detached to the total student enrollment in the district losing | 4 | | territory for the year prior to the effective date of the | 5 | | annexation. The amount of the total difference and the | 6 | | proportion paid to the annexing district shall be computed by | 7 | | the State Board of Education on the basis of pupil enrollment | 8 | | and other data that must be submitted to the State Board of | 9 | | Education in accordance with Section 7-14A of this Code. The | 10 | | changes to this Section made by Public Act 95-707
are intended | 11 | | to be retroactive and applicable to any annexation taking | 12 | | effect on or after July 1, 2004. For annexations that are | 13 | | eligible for payments under this paragraph (6.5) and that are | 14 | | effective on or after July 1, 2004, but before January 11, 2008 | 15 | | (the effective date of Public Act 95-707), the first required | 16 | | yearly payment under this paragraph (6.5) shall be paid in the | 17 | | fiscal year of January 11, 2008 (the effective date of Public | 18 | | Act 95-707). Subsequent required yearly payments shall be paid | 19 | | in subsequent fiscal years until the payment obligation under | 20 | | this paragraph (6.5) is complete. | 21 | | (7) Claims for financial assistance under this subsection | 22 | | (a) may not be recomputed except as expressly provided under | 23 | | Section 18-8.05 or 18-8.15 of this Code. | 24 | | (8) Any supplementary payment made under this subsection | 25 | | (a) must be treated as separate from all other payments made | 26 | | pursuant to Section 18-8.05 or 18-8.15 of this Code. |
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| 1 | | (b)(1) After the formation of a combined school district, | 2 | | as defined in Section 11E-20 of this Code, or a unit district, | 3 | | as defined in Section 11E-25 of this Code, a computation shall | 4 | | be made to determine the difference between the salaries | 5 | | effective in each of the previously existing districts on June | 6 | | 30, prior to the creation of the new district. For the first 4 | 7 | | years after the formation of the new district, a supplementary | 8 | | State aid reimbursement shall be paid to the new district equal | 9 | | to the difference between the sum of the salaries earned by | 10 | | each of the certificated members of the new district, while | 11 | | employed in one of the previously existing districts during the | 12 | | year immediately preceding the formation of the new district, | 13 | | and the sum of the salaries those certificated members would | 14 | | have been paid during the year immediately prior to the | 15 | | formation of the new district if placed on the salary schedule | 16 | | of the previously existing district with the highest salary | 17 | | schedule. | 18 | | (2) After the territory of one or more school districts is | 19 | | annexed by one or more other school districts as defined in | 20 | | Article 7 of this Code, a computation shall be made to | 21 | | determine the difference between the salaries effective in each | 22 | | annexed district and in the annexing district or districts as | 23 | | they were each constituted on June 30 preceding the date when | 24 | | the change of boundaries attributable to the annexation became | 25 | | effective for all purposes, as determined under Section 7-9 of | 26 | | this Code. For the first 4 years after the annexation, a |
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| 1 | | supplementary State aid reimbursement shall be paid to each | 2 | | annexing district as constituted after the annexation equal to | 3 | | the difference between the sum of the salaries earned by each | 4 | | of the certificated members of the annexing district as | 5 | | constituted after the annexation, while employed in an annexed | 6 | | or annexing district during the year immediately preceding the | 7 | | annexation, and the sum of the salaries those certificated | 8 | | members would have been paid during the immediately preceding | 9 | | year if placed on the salary schedule of whichever of the | 10 | | annexing or annexed districts had the highest salary schedule | 11 | | during the immediately preceding year. | 12 | | (3) For each new high school district formed under a school | 13 | | district conversion, as defined in Section 11E-15 of this Code, | 14 | | the State shall make a supplementary payment for 4 years equal | 15 | | to the difference between the sum of the salaries earned by | 16 | | each certified member of the new high school district, while | 17 | | employed in one of the previously existing districts, and the | 18 | | sum of the salaries those certified members would have been | 19 | | paid if placed on the salary schedule of the previously | 20 | | existing district with the highest salary schedule. | 21 | | (4) For each newly created partial elementary unit | 22 | | district, the State shall make a supplementary payment for 4 | 23 | | years equal to the difference between the sum of the salaries | 24 | | earned by each certified member of the newly created partial | 25 | | elementary unit district, while employed in one of the | 26 | | previously existing districts that formed the partial |
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| 1 | | elementary unit district, and the sum of the salaries those | 2 | | certified members would have been paid if placed on the salary | 3 | | schedule of the previously existing district with the highest | 4 | | salary schedule. The salary schedules used in the calculation | 5 | | shall be those in effect in the previously existing districts | 6 | | for the school year prior to the creation of the new partial | 7 | | elementary unit district. | 8 | | (5) For an elementary district opt-in, as described in | 9 | | subsection (d) of Section 11E-30 of this Code, the salary | 10 | | difference incentive shall be computed in accordance with | 11 | | paragraph (4) of this subsection (b) as if the opted-in | 12 | | elementary district was included in the optional elementary | 13 | | unit district at the optional elementary unit district's | 14 | | original effective date. If the calculation in this paragraph | 15 | | (5) is less than that calculated in paragraph (4) of this | 16 | | subsection (b) at the optional elementary unit district's | 17 | | original effective date, then no adjustments may be made. If | 18 | | the calculation in this paragraph (5) is more than that | 19 | | calculated in paragraph (4) of this subsection (b) at the | 20 | | optional elementary unit district's original effective date, | 21 | | then the excess must be paid as follows: | 22 | | (A) If the effective date for the elementary opt-in is | 23 | | one year after the effective date for the optional | 24 | | elementary unit district, 100% of the calculated excess | 25 | | shall be paid to the optional elementary unit district in | 26 | | each of the first 4 years after the effective date of the |
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| 1 | | elementary opt-in. | 2 | | (B) If the effective date for the elementary opt-in is | 3 | | 2 years after the effective date for the optional | 4 | | elementary unit district, 75% of the calculated excess | 5 | | shall be paid to the optional elementary unit district in | 6 | | each of the first 4 years after the effective date of the | 7 | | elementary opt-in. | 8 | | (C) If the effective date for the elementary opt-in is | 9 | | 3 years after the effective date for the optional | 10 | | elementary unit district, 50% of the calculated excess | 11 | | shall be paid to the optional elementary unit district in | 12 | | each of the first 4 years after the effective date of the | 13 | | elementary opt-in. | 14 | | (D) If the effective date for the elementary opt-in is | 15 | | 4 years after the effective date for the partial elementary | 16 | | unit district, 25% of the calculated excess shall be paid | 17 | | to the optional elementary unit district in each of the | 18 | | first 4 years after the effective date of the elementary | 19 | | opt-in. | 20 | | (E) If the effective date for the elementary opt-in is | 21 | | 5 years after the effective date for the optional | 22 | | elementary unit district, the optional elementary unit | 23 | | district is not eligible for any additional incentives due | 24 | | to the elementary opt-in. | 25 | | (5.5) After the formation of a cooperative high school by 2 | 26 | | or more school districts under Section 10-22.22c of this Code, |
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| 1 | | a computation shall be made to determine the difference between | 2 | | the salaries effective in each of the previously existing high | 3 | | schools on June 30 prior to the formation of the cooperative | 4 | | high school. For the first 4 years after the formation of the | 5 | | cooperative high school, a supplementary State aid | 6 | | reimbursement shall be paid to the cooperative high school | 7 | | equal to the difference between the sum of the salaries earned | 8 | | by each of the certificated members of the cooperative high | 9 | | school while employed in one of the previously existing high | 10 | | schools during the year immediately preceding the formation of | 11 | | the cooperative high school and the sum of the salaries those | 12 | | certificated members would have been paid during the year | 13 | | immediately prior to the formation of the cooperative high | 14 | | school if placed on the salary schedule of the previously | 15 | | existing high school with the highest salary schedule. | 16 | | (5.10) After the annexation of territory detached from
| 17 | | another school district whereby the enrollment of the annexing
| 18 | | district increases by 90% or more as a result of the
| 19 | | annexation, a computation shall be made to determine the
| 20 | | difference between the salaries effective in the district
| 21 | | gaining territory and the district losing territory as they
| 22 | | each were constituted on June 30 preceding the date when the
| 23 | | change of boundaries attributable to the annexation became
| 24 | | effective for all purposes as determined under Section 7-9 of
| 25 | | this Code. For the first 4 years after the annexation, a
| 26 | | supplementary State aid reimbursement shall be paid to the
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| 1 | | annexing district equal to the difference between the sum of
| 2 | | the salaries earned by each of the certificated members of the
| 3 | | annexing district as constituted after the annexation while
| 4 | | employed in the district gaining territory or the district
| 5 | | losing territory during the year immediately preceding the
| 6 | | annexation and the sum of the salaries those certificated
| 7 | | members would have been paid during such immediately preceding
| 8 | | year if placed on the salary schedule of whichever of the
| 9 | | district gaining territory or district losing territory had the
| 10 | | highest salary schedule during the immediately preceding year.
| 11 | | To be eligible for supplementary State aid reimbursement under
| 12 | | this Section, the intergovernmental agreement to be submitted
| 13 | | pursuant to Section 7-14A of this Code must show that staff
| 14 | | members were transferred from the control of the district
| 15 | | losing territory to the control of the district gaining
| 16 | | territory in the annexation. The changes to this Section made
| 17 | | by Public Act 95-707
are
intended to be retroactive and | 18 | | applicable to any annexation
taking effect on or after July 1, | 19 | | 2004. For annexations that are eligible for payments under this | 20 | | paragraph (5.10) and that are effective on or after July 1, | 21 | | 2004, but before January 11, 2008 (the effective date of Public | 22 | | Act 95-707), the first required yearly payment under this | 23 | | paragraph (5.10) shall be paid in the fiscal year of January | 24 | | 11, 2008 (the effective date of Public Act 95-707). Subsequent | 25 | | required yearly payments shall be paid in subsequent fiscal | 26 | | years until the payment obligation under this paragraph (5.10) |
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| 1 | | is complete.
| 2 | | (5.15)
After the deactivation of a school facility in | 3 | | accordance with Section 10-22.22b of this Code, a computation | 4 | | shall be made to determine the difference between the salaries | 5 | | effective in the sending school district and each receiving | 6 | | school district on June 30 prior to the deactivation of the | 7 | | school facility. For the lesser of the first 4 years after the | 8 | | deactivation of the school facility or the length of the | 9 | | deactivation agreement, including any renewals of the original | 10 | | deactivation agreement, a supplementary State aid | 11 | | reimbursement shall be paid to each receiving district equal to | 12 | | the difference between the sum of the salaries earned by each | 13 | | of the certificated members transferred to that receiving | 14 | | district as a result of the deactivation while employed in the | 15 | | sending district during the year immediately preceding the | 16 | | deactivation and the sum of the salaries those certificated | 17 | | members would have been paid during the year immediately | 18 | | preceding the deactivation if placed on the salary schedule of | 19 | | the sending or receiving district with the highest salary | 20 | | schedule. | 21 | | (6) The supplementary State aid reimbursement under this | 22 | | subsection (b) shall be treated as separate from all other | 23 | | payments made pursuant to Section 18-8.05 of this Code. In the | 24 | | case of the formation of a new district or cooperative high | 25 | | school or a deactivation, reimbursement shall begin during the | 26 | | first year of operation of the new district or cooperative high |
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| 1 | | school or the first year of the deactivation, and in the case | 2 | | of an annexation of the territory of one or more school | 3 | | districts by one or more other school districts or the | 4 | | annexation of territory detached from a school district whereby
| 5 | | the enrollment of the annexing district increases by 90% or
| 6 | | more as a result of the annexation, reimbursement shall begin | 7 | | during the first year when the change in boundaries | 8 | | attributable to the annexation becomes effective for all | 9 | | purposes as determined pursuant to Section 7-9 of this Code, | 10 | | except that for an annexation of territory detached from a | 11 | | school district that is effective on or after July 1, 2004, but | 12 | | before January 11, 2008 (the effective date of Public Act | 13 | | 95-707), whereby the enrollment of the annexing district | 14 | | increases by 90% or more as a result of the annexation, | 15 | | reimbursement shall begin during the fiscal year of January 11, | 16 | | 2008 (the effective date of Public Act 95-707). Each year that | 17 | | the new, annexing, or receiving district or cooperative high | 18 | | school, as the case may be, is entitled to receive | 19 | | reimbursement, the number of eligible certified members who are | 20 | | employed on October 1 in the district or cooperative high | 21 | | school shall be certified to the State Board of Education on | 22 | | prescribed forms by October 15 and payment shall be made on or | 23 | | before November 15 of that year. | 24 | | (c)(1) For the first year after the formation of a combined | 25 | | school district, as defined in Section 11E-20 of this Code or a | 26 | | unit district, as defined in Section 11E-25 of this Code, a |
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| 1 | | computation shall be made totaling each previously existing | 2 | | district's audited fund balances in the educational fund, | 3 | | working cash fund, operations and maintenance fund, and | 4 | | transportation fund for the year ending June 30 prior to the | 5 | | referendum for the creation of the new district. The new | 6 | | district shall be paid supplementary State aid equal to the sum | 7 | | of the differences between the deficit of the previously | 8 | | existing district with the smallest deficit and the deficits of | 9 | | each of the other previously existing districts. | 10 | | (2) For the first year after the annexation of all of the | 11 | | territory of one or more entire school districts by another | 12 | | school district, as defined in Article 7 of this Code, | 13 | | computations shall be made, for the year ending June 30 prior | 14 | | to the date that the change of boundaries attributable to the | 15 | | annexation is allowed by the affirmative decision issued by the | 16 | | regional board of school trustees under Section 7-6 of this | 17 | | Code, notwithstanding any effort to seek administrative review | 18 | | of the decision, totaling the annexing district's and totaling | 19 | | each annexed district's audited fund balances in their | 20 | | respective educational, working cash, operations and | 21 | | maintenance, and transportation funds. The annexing district | 22 | | as constituted after the annexation shall be paid supplementary | 23 | | State aid equal to the sum of the differences between the | 24 | | deficit of whichever of the annexing or annexed districts as | 25 | | constituted prior to the annexation had the smallest deficit | 26 | | and the deficits of each of the other districts as constituted |
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| 1 | | prior to the annexation. | 2 | | (3) For the first year after the annexation of all of the | 3 | | territory of one or more entire school districts by 2 or more | 4 | | other school districts, as defined by Article 7 of this Code, | 5 | | computations shall be made, for the year ending June 30 prior | 6 | | to the date that the change of boundaries attributable to the | 7 | | annexation is allowed by the affirmative decision of the | 8 | | regional board of school trustees under Section 7-6 of this | 9 | | Code, notwithstanding any action for administrative review of | 10 | | the decision, totaling each annexing and annexed district's | 11 | | audited fund balances in their respective educational, working | 12 | | cash, operations and maintenance, and transportation funds. | 13 | | The annexing districts as constituted after the annexation | 14 | | shall be paid supplementary State aid, allocated as provided in | 15 | | this paragraph (3), in an aggregate amount equal to the sum of | 16 | | the differences between the deficit of whichever of the | 17 | | annexing or annexed districts as constituted prior to the | 18 | | annexation had the smallest deficit and the deficits of each of | 19 | | the other districts as constituted prior to the annexation. The | 20 | | aggregate amount of the supplementary State aid payable under | 21 | | this paragraph (3) shall be allocated between or among the | 22 | | annexing districts as follows: | 23 | | (A) the regional superintendent of schools for each | 24 | | educational service region in which an annexed district is | 25 | | located prior to the annexation shall certify to the State | 26 | | Board of Education, on forms that it shall provide for that |
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| 1 | | purpose, the value of all taxable property in each annexed | 2 | | district, as last equalized or assessed by the Department | 3 | | of Revenue prior to the annexation, and the equalized | 4 | | assessed value of each part of the annexed district that | 5 | | was annexed to or included as a part of an annexing | 6 | | district; | 7 | | (B) using equalized assessed values as certified by the | 8 | | regional superintendent of schools under clause (A) of this | 9 | | paragraph (3), the combined audited fund balance deficit of | 10 | | each annexed district as determined under this Section | 11 | | shall be apportioned between or among the annexing | 12 | | districts in the same ratio as the equalized assessed value | 13 | | of that part of the annexed district that was annexed to or | 14 | | included as a part of an annexing district bears to the | 15 | | total equalized assessed value of the annexed district; and | 16 | | (C) the aggregate supplementary State aid payment | 17 | | under this paragraph (3) shall be allocated between or | 18 | | among, and shall be paid to, the annexing districts in the | 19 | | same ratio as the sum of the combined audited fund balance | 20 | | deficit of each annexing district as constituted prior to | 21 | | the annexation, plus all combined audited fund balance | 22 | | deficit amounts apportioned to that annexing district | 23 | | under clause (B) of this subsection, bears to the aggregate | 24 | | of the combined audited fund balance deficits of all of the | 25 | | annexing and annexed districts as constituted prior to the | 26 | | annexation. |
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| 1 | | (4) For the new elementary districts and new high school | 2 | | district formed through a school district conversion, as | 3 | | defined in Section 11E-15 of this Code or the new elementary | 4 | | district or districts and new combined high school - unit | 5 | | district formed through a multi-unit conversion, as defined in | 6 | | subsection (b) of Section 11E-30 of this Code, a computation | 7 | | shall be made totaling each previously existing district's | 8 | | audited fund balances in the educational fund, working cash | 9 | | fund, operations and maintenance fund, and transportation fund | 10 | | for the year ending June 30 prior to the referendum | 11 | | establishing the new districts. In the first year of the new | 12 | | districts, the State shall make a one-time supplementary | 13 | | payment equal to the sum of the differences between the deficit | 14 | | of the previously existing district with the smallest deficit | 15 | | and the deficits of each of the other previously existing | 16 | | districts. A district with a combined balance among the 4 funds | 17 | | that is positive shall be considered to have a deficit of zero. | 18 | | The supplementary payment shall be allocated among the newly | 19 | | formed high school and elementary districts in the manner | 20 | | provided by the petition for the formation of the districts, in | 21 | | the form in which the petition is approved by the regional | 22 | | superintendent of schools or State Superintendent of Education | 23 | | under Section 11E-50 of this Code. | 24 | | (5) For each newly created partial elementary unit | 25 | | district, as defined in subsection (a) or (c) of Section 11E-30 | 26 | | of this Code, a computation shall be made totaling the audited |
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| 1 | | fund balances of each previously existing district that formed | 2 | | the new partial elementary unit district in the educational | 3 | | fund, working cash fund, operations and maintenance fund, and | 4 | | transportation fund for the year ending June 30 prior to the | 5 | | referendum for the formation of the partial elementary unit | 6 | | district. In the first year of the new partial elementary unit | 7 | | district, the State shall make a one-time supplementary payment | 8 | | to the new district equal to the sum of the differences between | 9 | | the deficit of the previously existing district with the | 10 | | smallest deficit and the deficits of each of the other | 11 | | previously existing districts. A district with a combined | 12 | | balance among the 4 funds that is positive shall be considered | 13 | | to have a deficit of zero. | 14 | | (6) For an elementary opt-in as defined in subsection (d) | 15 | | of Section 11E-30 of this Code, the deficit fund balance | 16 | | incentive shall be computed in accordance with paragraph (5) of | 17 | | this subsection (c) as if the opted-in elementary was included | 18 | | in the optional elementary unit district at the optional | 19 | | elementary unit district's original effective date. If the | 20 | | calculation in this paragraph (6) is less than that calculated | 21 | | in paragraph (5) of this subsection (c) at the optional | 22 | | elementary unit district's original effective date, then no | 23 | | adjustments may be made. If the calculation in this paragraph | 24 | | (6) is more than that calculated in paragraph (5) of this | 25 | | subsection (c) at the optional elementary unit district's | 26 | | original effective date, then the excess must be paid as |
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| 1 | | follows: | 2 | | (A) If the effective date for the elementary opt-in is | 3 | | one year after the effective date for the optional | 4 | | elementary unit district, 100% of the calculated excess | 5 | | shall be paid to the optional elementary unit district in | 6 | | the first year after the effective date of the elementary | 7 | | opt-in. | 8 | | (B) If the effective date for the elementary opt-in is | 9 | | 2 years after the effective date for the optional | 10 | | elementary unit district, 75% of the calculated excess | 11 | | shall be paid to the optional elementary unit district in | 12 | | the first year after the effective date of the elementary | 13 | | opt-in. | 14 | | (C) If the effective date for the elementary opt-in is | 15 | | 3 years after the effective date for the optional | 16 | | elementary unit district, 50% of the calculated excess | 17 | | shall be paid to the optional elementary unit district in | 18 | | the first year after the effective date of the elementary | 19 | | opt-in. | 20 | | (D) If the effective date for the elementary opt-in is | 21 | | 4 years after the effective date for the optional | 22 | | elementary unit district, 25% of the calculated excess | 23 | | shall be paid to the optional elementary unit district in | 24 | | the first year after the effective date of the elementary | 25 | | opt-in. | 26 | | (E) If the effective date for the elementary opt-in is |
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| 1 | | 5 years after the effective date for the optional | 2 | | elementary unit district, the optional elementary unit | 3 | | district is not eligible for any additional incentives due | 4 | | to the elementary opt-in. | 5 | | (6.5) For the first year after the annexation of territory
| 6 | | detached from another school district whereby the enrollment of
| 7 | | the annexing district increases by 90% or more as a result of
| 8 | | the annexation, a computation shall be made totaling the
| 9 | | audited fund balances of the district gaining territory and the
| 10 | | audited fund balances of the district losing territory in the
| 11 | | educational fund, working cash fund, operations and
| 12 | | maintenance fund, and transportation fund for the year ending
| 13 | | June 30 prior to the date that the change of boundaries
| 14 | | attributable to the annexation is allowed by the affirmative
| 15 | | decision of the regional board of school trustees under Section
| 16 | | 7-6 of this Code, notwithstanding any action for administrative
| 17 | | review of the decision. The annexing district as constituted
| 18 | | after the annexation shall be paid supplementary State aid
| 19 | | equal to the difference between the deficit of whichever
| 20 | | district included in this calculation as constituted prior to
| 21 | | the annexation had the smallest deficit and the deficit of each
| 22 | | other district included in this calculation as constituted
| 23 | | prior to the annexation, multiplied by the ratio of equalized
| 24 | | assessed value of the territory detached to the total equalized
| 25 | | assessed value of the district losing territory. The regional
| 26 | | superintendent of schools for the educational service region in
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| 1 | | which a district losing territory is located prior to the
| 2 | | annexation shall certify to the State Board of Education the
| 3 | | value of all taxable property in the district losing territory
| 4 | | and the value of all taxable property in the territory being
| 5 | | detached, as last equalized or assessed by the Department of
| 6 | | Revenue prior to the annexation. To be eligible for
| 7 | | supplementary State aid reimbursement under this Section, the
| 8 | | intergovernmental agreement to be submitted pursuant to
| 9 | | Section 7-14A of this Code must show that fund balances were
| 10 | | transferred from the district losing territory to the district
| 11 | | gaining territory in the annexation. The changes to this
| 12 | | Section made by Public Act 95-707
are intended to be | 13 | | retroactive and applicable to any
annexation taking effect on | 14 | | or after July 1, 2004. For annexations that are eligible for | 15 | | payments under this paragraph (6.5) and that are effective on | 16 | | or after July 1, 2004, but before January 11, 2008 (the | 17 | | effective date of Public Act 95-707), the required payment | 18 | | under this paragraph (6.5) shall be paid in the fiscal year of | 19 | | January 11, 2008 (the effective date of Public Act 95-707).
| 20 | | (7) For purposes of any calculation required under | 21 | | paragraph (1), (2), (3), (4), (5), (6), or (6.5) of this | 22 | | subsection (c), a district with a combined fund balance that is | 23 | | positive shall be considered to have a deficit of zero. For | 24 | | purposes of determining each district's audited fund balances | 25 | | in its educational fund, working cash fund, operations and | 26 | | maintenance fund, and transportation fund for the specified |
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| 1 | | year ending June 30, as provided in paragraphs (1), (2), (3), | 2 | | (4), (5), (6), and (6.5) of this subsection (c), the balance of | 3 | | each fund shall be deemed decreased by an amount equal to the | 4 | | amount of the annual property tax theretofore levied in the | 5 | | fund by the district for collection and payment to the district | 6 | | during the calendar year in which the June 30 fell, but only to | 7 | | the extent that the tax so levied in the fund actually was | 8 | | received by the district on or before or comprised a part of | 9 | | the fund on such June 30. For purposes of determining each | 10 | | district's audited fund balances, a calculation shall be made | 11 | | for each fund to determine the average for the 3 years prior to | 12 | | the specified year ending June 30, as provided in paragraphs | 13 | | (1), (2), (3), (4), (5), (6), and (6.5) of this subsection (c), | 14 | | of the district's expenditures in the categories "purchased | 15 | | services", "supplies and materials", and "capital outlay", as | 16 | | those categories are defined in rules of the State Board of | 17 | | Education. If this 3-year average is less than the district's | 18 | | expenditures in these categories for the specified year ending | 19 | | June 30, as provided in paragraphs (1), (2), (3), (4), (5), | 20 | | (6), and (6.5) of this subsection (c), then the 3-year average | 21 | | shall be used in calculating the amounts payable under this | 22 | | Section in place of the amounts shown in these categories for | 23 | | the specified year ending June 30, as provided in paragraphs | 24 | | (1), (2), (3), (4), (5), (6), and (6.5) of this subsection (c). | 25 | | Any deficit because of State aid not yet received may not be | 26 | | considered in determining the June 30 deficits. The same basis |
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| 1 | | of accounting shall be used by all previously existing | 2 | | districts and by all annexing or annexed districts, as | 3 | | constituted prior to the annexation, in making any computation | 4 | | required under paragraphs (1), (2), (3), (4), (5), (6), and | 5 | | (6.5) of this subsection (c). | 6 | | (8) The supplementary State aid payments under this | 7 | | subsection (c) shall be treated as separate from all other | 8 | | payments made pursuant to Section 18-8.05 of this Code. | 9 | | (d)(1) Following the formation of a combined school | 10 | | district, as defined in Section 11E-20 of this Code, a new unit | 11 | | district, as defined in Section 11E-25 of this Code, a new | 12 | | elementary district or districts and a new high school district | 13 | | formed through a school district conversion, as defined in | 14 | | Section 11E-15 of this Code, a new partial elementary unit | 15 | | district, as defined in Section 11E-30 of this Code, or a new | 16 | | elementary district or districts formed through a multi-unit | 17 | | conversion, as defined in subsection (b) of Section 11E-30 of | 18 | | this Code, or the annexation of all of the territory of one or | 19 | | more entire school districts by one or more other school | 20 | | districts, as defined in Article 7 of this Code, a | 21 | | supplementary State aid reimbursement shall be paid for the | 22 | | number of school years determined under the following table to | 23 | | each new or annexing district equal to the sum of $4,000 for | 24 | | each certified employee who is employed by the district on a | 25 | | full-time basis for the regular term of the school year: | |
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| 1 | | Reorganized District's Rank |
Reorganized District's Rank |
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2 | | by type of district (unit, |
in Average Daily Attendance |
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3 | | high school, elementary) |
By Quintile |
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4 | | in Equalized Assessed Value |
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5 | | Per Pupil by Quintile |
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|
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6 | | |
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3rd, 4th, |
|
7 | | |
1st |
2nd |
or 5th |
|
8 | | |
Quintile |
Quintile |
Quintile |
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9 | | 1st Quintile |
1 year |
1 year |
1 year |
|
10 | | 2nd Quintile |
1 year |
2 years |
2 years |
|
11 | | 3rd Quintile |
2 years |
3 years |
3 years |
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12 | | 4th Quintile |
2 years |
3 years |
3 years |
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13 | | 5th Quintile |
2 years |
3 years |
3 years |
| 14 | | The State Board of Education shall make a one-time calculation | 15 | | of a reorganized district's quintile ranks. The average daily | 16 | | attendance used in this calculation shall be the best 3 months' | 17 | | average daily attendance for the district's first year. The | 18 | | equalized assessed value per pupil shall be the district's real | 19 | | property equalized assessed value used in calculating the | 20 | | district's first-year general State aid claim, under Section | 21 | | 18-8.05 of this Code, or first-year evidence-based funding | 22 | | claim, under Section 18-8.15 of this Code, as applicable, | 23 | | divided by the best 3 months' average daily attendance. | 24 | | No annexing or resulting school district shall be entitled | 25 | | to supplementary State aid under this subsection (d) unless the |
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| 1 | | district acquires at least 30% of the average daily attendance | 2 | | of the district from which the territory is being detached or | 3 | | divided. | 4 | | If a district results from multiple reorganizations that | 5 | | would otherwise qualify the district for multiple payments | 6 | | under this subsection (d) in any year, then the district shall | 7 | | receive a single payment only for that year based solely on the | 8 | | most recent reorganization. | 9 | | (2) For an elementary opt-in, as defined in subsection (d) | 10 | | of Section 11E-30 of this Code, the full-time certified staff | 11 | | incentive shall be computed in accordance with paragraph (1) of | 12 | | this subsection (d), equal to the sum of $4,000 for each | 13 | | certified employee of the elementary district that opts-in who | 14 | | is employed by the optional elementary unit district on a | 15 | | full-time basis for the regular term of the school year. The | 16 | | calculation from this paragraph (2) must be paid as follows: | 17 | | (A) If the effective date for the elementary opt-in is | 18 | | one year after the effective date for the optional | 19 | | elementary unit district, 100% of the amount calculated in | 20 | | this paragraph (2) shall be paid to the optional elementary | 21 | | unit district for the number of years calculated in | 22 | | paragraph (1) of this subsection (d) at the optional | 23 | | elementary unit district's original effective date, | 24 | | starting in the second year after the effective date of the | 25 | | elementary opt-in. | 26 | | (B) If the effective date for the elementary opt-in is |
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| 1 | | 2 years after the effective date for the optional | 2 | | elementary unit district, 75% of the amount calculated in | 3 | | this paragraph (2) shall be paid to the optional elementary | 4 | | unit district for the number of years calculated in | 5 | | paragraph (1) of this subsection (d) at the optional | 6 | | elementary unit district's original effective date, | 7 | | starting in the second year after the effective date of the | 8 | | elementary opt-in. | 9 | | (C) If the effective date for the elementary opt-in is | 10 | | 3 years after the effective date for the optional | 11 | | elementary unit district, 50% of the amount calculated in | 12 | | this paragraph (2) shall be paid to the optional elementary | 13 | | unit district for the number of years calculated in | 14 | | paragraph (1) of this subsection (d) at the optional | 15 | | elementary unit district's original effective date, | 16 | | starting in the second year after the effective date of the | 17 | | elementary opt-in. | 18 | | (D) If the effective date for the elementary opt-in is | 19 | | 4 years after the effective date for the optional | 20 | | elementary unit district, 25% of the amount calculated in | 21 | | this paragraph (2) shall be paid to the optional elementary | 22 | | unit district for the number of years calculated in | 23 | | paragraph (1) of this subsection (d) at the optional | 24 | | elementary unit district's original effective date, | 25 | | starting in the second year after the effective date of the | 26 | | elementary opt-in. |
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| 1 | | (E) If the effective date for the elementary opt-in is | 2 | | 5 years after the effective date for the optional | 3 | | elementary unit district, the optional elementary unit | 4 | | district is not eligible for any additional incentives due | 5 | | to the elementary opt-in. | 6 | | (2.5) Following the formation of a cooperative high school | 7 | | by 2 or more school districts under Section 10-22.22c of this | 8 | | Code, a supplementary State aid reimbursement shall be paid for | 9 | | 3 school years to the cooperative high school equal to the sum | 10 | | of $4,000 for each certified employee who is employed by the | 11 | | cooperative high school on a full-time basis for the regular | 12 | | term of any such school year. If a cooperative high school | 13 | | results from multiple agreements that would otherwise qualify | 14 | | the cooperative high school for multiple payments under this | 15 | | Section in any year, the cooperative high school shall receive | 16 | | a single payment for that year based solely on the most recent | 17 | | agreement. | 18 | | (2.10) Following the annexation of territory detached from
| 19 | | another school district whereby the enrollment of the annexing
| 20 | | district increases 90% or more as a result of the annexation, a
| 21 | | supplementary State aid reimbursement shall be paid to the
| 22 | | annexing district equal to the sum of $4,000 for each certified
| 23 | | employee who is employed by the annexing district on a
| 24 | | full-time basis and shall be calculated in accordance with
| 25 | | subsection (a) of this Section. To be eligible for
| 26 | | supplementary State aid reimbursement under this Section, the
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| 1 | | intergovernmental agreement to be submitted pursuant to
| 2 | | Section 7-14A of this Code must show that certified staff
| 3 | | members were transferred from the control of the district
| 4 | | losing territory to the control of the district gaining
| 5 | | territory in the annexation. The changes to this Section made
| 6 | | by Public Act 95-707
are
intended to be retroactive and | 7 | | applicable to any annexation
taking effect on or after July 1, | 8 | | 2004. For annexations that are eligible for payments under this | 9 | | paragraph (2.10) and that are effective on or after July 1, | 10 | | 2004, but before January 11, 2008 (the effective date of Public | 11 | | Act 95-707), the first required yearly payment under this | 12 | | paragraph (2.10) shall be paid in the second fiscal year after | 13 | | January 11, 2008 (the effective date of Public Act 95-707). Any | 14 | | subsequent required yearly payments shall be paid in subsequent | 15 | | fiscal years until the payment obligation under this paragraph | 16 | | (2.10) is complete.
| 17 | | (2.15)
Following the deactivation of a school facility in | 18 | | accordance with Section 10-22.22b of this Code, a supplementary | 19 | | State aid reimbursement shall be paid for the lesser of 3 | 20 | | school years or the length of the deactivation agreement, | 21 | | including any renewals of the original deactivation agreement, | 22 | | to each receiving school district equal to the sum of $4,000 | 23 | | for each certified employee who is employed by that receiving | 24 | | district on a full-time basis for the regular term of any such | 25 | | school year who was originally transferred to the control of | 26 | | that receiving district as a result of the deactivation. |
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| 1 | | Receiving districts are eligible for payments under this | 2 | | paragraph (2.15)
based on the certified employees transferred | 3 | | to that receiving district as a result of the deactivation and | 4 | | are not required to receive at least 30% of the deactivating | 5 | | district's average daily attendance as required under | 6 | | paragraph (1) of this subsection (d) to be eligible for | 7 | | payments. | 8 | | (3) The supplementary State aid reimbursement payable | 9 | | under this subsection (d) shall be separate from and in | 10 | | addition to all other payments made to the district pursuant to | 11 | | any other Section of this Article. | 12 | | (4) During May of each school year for which a | 13 | | supplementary State aid reimbursement is to be paid to a new, | 14 | | annexing, or receiving school district or cooperative high | 15 | | school pursuant to this subsection (d), the school board or | 16 | | governing board shall certify to the State Board of Education, | 17 | | on forms furnished to the school board or governing board by | 18 | | the State Board of Education for purposes of this subsection | 19 | | (d), the number of certified employees for which the district | 20 | | or cooperative high school is entitled to reimbursement under | 21 | | this Section, together with the names, certificate numbers, and | 22 | | positions held by the certified employees. | 23 | | (5) Upon certification by the State Board of Education to | 24 | | the State Comptroller of the amount of the supplementary State | 25 | | aid reimbursement to which a school district or cooperative | 26 | | high school is entitled under this subsection (d), the State |
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| 1 | | Comptroller shall draw his or her warrant upon the State | 2 | | Treasurer for the payment thereof to the school district or | 3 | | cooperative high school and shall promptly transmit the payment | 4 | | to the school district or cooperative high school through the | 5 | | appropriate school treasurer.
| 6 | | (Source: P.A. 100-465, eff. 8-31-17.) | 7 | | (105 ILCS 5/11E-140 new) | 8 | | Sec. 11E-140. School District Efficiency Commission. | 9 | | (a) The School District Efficiency Commission is created. | 10 | | The Commission shall consist of all of the following voting | 11 | | members: | 12 | | (1) The Lieutenant Governor or his or her appointee, | 13 | | who shall serve as the chairperson. | 14 | | (2) One member appointed by the State Board of | 15 | | Education. | 16 | | (3) One representative appointed by the Speaker of the | 17 | | House of Representatives. | 18 | | (4) One representative appointed by the Minority | 19 | | Leader of the House of Representatives. | 20 | | (5) One senator appointed by the President of the | 21 | | Senate. | 22 | | (6) One senator appointed by the Minority Leader of the | 23 | | Senate. | 24 | | (7) A representative of a statewide professional | 25 | | teachers' organization appointed by the head of that |
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| 1 | | organization. | 2 | | (8) A representative of a different statewide | 3 | | professional teachers' organization appointed by the head | 4 | | of that organization. | 5 | | (9) A representative of a statewide organization that | 6 | | represents school boards appointed by the head of that | 7 | | organization. | 8 | | (10) A representative of a statewide organization | 9 | | representing principals appointed by the head of that | 10 | | organization. | 11 | | (11) A representative of an organization representing | 12 | | professional teachers in a city having a population | 13 | | exceeding 500,000 appointed by the head of that | 14 | | organization. | 15 | | (12) A representative of an association representing | 16 | | school business officials appointed by the head of that | 17 | | association. | 18 | | (13) A representative of an association representing | 19 | | school administrators appointed by the head of that | 20 | | association. | 21 | | (14) A member of the Chicago Board of Education | 22 | | appointed by the Chicago Board of Education. | 23 | | (15) A representative from an organization | 24 | | representing administrators of special education appointed | 25 | | by the head of that organization. | 26 | | (16) A representative from a statewide parent |
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| 1 | | organization appointed by the head of that organization. | 2 | | (17) A representative from an organization | 3 | | representing high school districts appointed by the head of | 4 | | that organization. | 5 | | (18) A representative from a rural school district in | 6 | | this State appointed by the Governor. | 7 | | (19) A representative from a suburban school district | 8 | | in this State appointed by the Governor. | 9 | | (20) A representative of an association that | 10 | | represents regional superintendents of schools appointed | 11 | | by the head of that association. | 12 | | Members shall serve without compensation, but shall be | 13 | | reimbursed for their reasonable and necessary expenses from | 14 | | funds appropriated for that purpose. Members shall be | 15 | | reimbursed for their travel expenses from appropriations to the | 16 | | State Board of Education made available for that purpose and | 17 | | subject to the rules of the appropriate travel control board. | 18 | | The Commission shall meet at the call of the chairperson, with | 19 | | the initial meeting of the Commission being held as soon as | 20 | | possible after the effective date of this amendatory Act of the | 21 | | 101st General Assembly, and shall hold public hearings | 22 | | throughout this State. The State Board shall provide | 23 | | administrative assistance and necessary staff support services | 24 | | to the Commission. | 25 | | (b) The Commission must make recommendations to the | 26 | | Governor and the General Assembly on the number of school |
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| 1 | | districts in this State, the optimal amount of enrollment for a | 2 | | school district, and where reorganization and realignment of | 3 | | school districts would be beneficial in this State. The | 4 | | Commission's recommendations must focus on all of the following | 5 | | areas: | 6 | | (1) Reducing the money spent on the duplication of | 7 | | efforts. | 8 | | (2) Improving the education of students by having fewer | 9 | | obstacles between qualified teachers and their students. | 10 | | (3) Lowering the property tax burden. | 11 | | (4) Providing recommendations on what the net cost | 12 | | savings of realignment is to this State. | 13 | | (5) With a view toward reducing unnecessary | 14 | | administrative costs, improving the education of students, | 15 | | and lowering the property tax burden, drafting specific | 16 | | propositions to reduce the statewide total number of school | 17 | | districts by no less than 25% through the reorganization of | 18 | | school districts into unit districts under Section 11E-25. | 19 | | Each proposition under this paragraph must include all of | 20 | | the following: | 21 | | (A) A request to submit the proposition at the next | 22 | | general election for the purpose of voting for or | 23 | | against the establishment of a combined unit district. | 24 | | (B) A description of the territory comprising the | 25 | | districts proposed to be dissolved and those to be | 26 | | created, which, for an entire district, may be a |
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| 1 | | general reference to all of the territory included | 2 | | within that district. | 3 | | (C) A specification of the maximum tax rates the | 4 | | proposed district or districts are authorized to levy | 5 | | for various purposes and, if applicable, the | 6 | | specifications related to the Property Tax Extension | 7 | | Limitation Law, in accordance with Section 11E-80 of | 8 | | this Code. | 9 | | (c) On or before May 1, 2020, the Commission must vote on | 10 | | its recommended propositions and file a report with the | 11 | | Governor and the General Assembly. If the Commission adopts the | 12 | | report by an affirmative vote of at least 11 of its members, | 13 | | then the Commission's specific propositions for reorganization | 14 | | of school districts into unit districts under paragraph (5) of | 15 | | subsection (b) shall be filed with the appropriate regional | 16 | | superintendent of schools in the same form as required for | 17 | | petitions under Section 11E-35. | 18 | | (d) Upon the filing of a proposition with the regional | 19 | | superintendent of schools under subsection (c), the regional | 20 | | superintendent shall do both of the following: | 21 | | (1) Provide a copy of the proposition to each school | 22 | | board affected by the proposition and the regional | 23 | | superintendent of schools of any other educational service | 24 | | region in which the territory described in the proposition | 25 | | is situated. | 26 | | (2) Publish a notice of the proposition at least once |
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| 1 | | each week for 3 successive weeks in at least one newspaper | 2 | | having general circulation within the area of all of the | 3 | | territory of the proposed district or districts. The | 4 | | expense of publishing the notice shall be paid by the | 5 | | School District Efficiency Commission. | 6 | | (e) The notice described in paragraph (2) of subsection (d) | 7 | | must include all of the following information: | 8 | | (1) When and to whom the proposition was presented. | 9 | | (2) The proposition. | 10 | | (3) A description of the territory comprising the | 11 | | districts proposed to be dissolved and those to be created, | 12 | | which, for an entire district, may be a general reference | 13 | | to all of the territory included within that district. | 14 | | (f) Within 14 days after receipt of the recommended | 15 | | proposition, the regional superintendent of schools must | 16 | | inform the School District Efficiency Commission if the | 17 | | recommended proposition, as amended or filed, is proper and in | 18 | | compliance with all applicable requirements set forth in the | 19 | | Election Code. If the regional superintendent determines that | 20 | | the proposition is not in proper order or not in compliance | 21 | | with any applicable requirements set forth in the Election | 22 | | Code, the regional superintendent must identify the specific | 23 | | alleged defects in the proposition and include specific | 24 | | recommendations to cure the alleged defects. The School | 25 | | District Efficiency Commission may amend the proposition to | 26 | | cure the alleged defects within 14 days after receipt of the |
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| 1 | | regional superintendent's specific recommendations. | 2 | | (g) Within 14 days after receipt of the School District | 3 | | Efficiency Commission's amendments in response to the specific | 4 | | recommendations, the regional superintendent of schools shall, | 5 | | upon determining the proposition is in proper order and in | 6 | | compliance with applicable requirements set forth in the | 7 | | Election Code, through a written order, approve the | 8 | | proposition, or, if the regional superintendent of schools | 9 | | determines that the amended proposition is not proper or not in | 10 | | compliance with the Election Code, the regional superintendent | 11 | | shall deny the proposition. | 12 | | (h) Upon approving or denying the proposition, the regional | 13 | | superintendent of schools shall submit the proposition and all | 14 | | evidence to the State Superintendent of Education. The State | 15 | | Superintendent shall review the proposition and the written | 16 | | order of the regional superintendent, if any. Within 21 days | 17 | | after the receipt of the regional superintendent's decision, | 18 | | the State Superintendent shall determine whether the | 19 | | proposition is proper and in compliance with the applicable | 20 | | requirements set forth in the Election Code, and, through a | 21 | | written order, either approve or deny the proposition. If the | 22 | | State Superintendent denies the proposition, the State | 23 | | Superintendent shall set forth in writing the specific basis | 24 | | for determining the proposition is not proper or not in | 25 | | compliance with the applicable provisions of the Election Code. | 26 | | The decision of the State Superintendent is an administrative |
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| 1 | | decision as defined in Section 3-101 of the Code of Civil | 2 | | Procedure. The State Superintendent shall provide a copy of the | 3 | | decision by certified mail, return receipt requested, to the | 4 | | School District Efficiency Commission, each school board of a | 5 | | district in which territory described in the proposition is | 6 | | situated, the regional superintendent with whom the | 7 | | proposition was filed, and the regional superintendent of | 8 | | schools of any other educational service region in which | 9 | | territory described in the proposition is situated. If the | 10 | | proposition is approved, the State Superintendent shall | 11 | | otherwise treat the approved proposition as a petition approved | 12 | | under subsection (b) of Section 11E-50. | 13 | | (i) Any member of the School District Efficiency Commission | 14 | | or school board of any district in which territory described in | 15 | | the proposition is situated may, within 35 days after a copy of | 16 | | the decision sought to be reviewed was served by certified | 17 | | mail, return receipt requested, upon the affected party or upon | 18 | | the attorney of record for the party, apply for a review of an | 19 | | administrative decision of the State Superintendent of | 20 | | Education in accordance with the Administrative Review Law and | 21 | | any rules adopted pursuant to the Administrative Review Law. | 22 | | The commencement of any action for review shall operate as a | 23 | | supersedeas, and no further proceedings shall be had until | 24 | | final disposition of the review. The circuit court of the | 25 | | county in which the proposition is filed with the regional | 26 | | superintendent of schools shall have sole jurisdiction to |
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| 1 | | entertain a complaint for review. | 2 | | (j) This Section is repealed on January 31, 2021.
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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