State of Illinois
90th General Assembly
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90_HB1403

      105 ILCS 5/18-8           from Ch. 122, par. 18-8
          Amends the School Code.  In the provisions of  the  State
      aid  formula  relating to the amount of State Chapter 1 funds
      that are required to be allocated by  the  Chicago  Board  of
      Education   to   attendance  centers,  replaces  the  current
      required allocation of $261,000,000 per school year  with  an
      allocation  amount  equal to 95% of the State Chapter 1 funds
      provided  to  the  district  per  school  year,  reduced   by
      $16,000,000.  Effective July 1, 1997.
                                                     LRB9004222THpk
                                               LRB9004222THpk
 1        AN ACT to amend the School Code by changing Section 18-8.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 5.   The  School  Code  is  amended  by  changing
 5    Section 18-8 as follows:
 6        (105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
 7        Sec.   18-8.  Basis   for   apportionment  to  districts,
 8    laboratory schools and alternative schools.
 9        A.  The amounts to be apportioned shall be determined for
10    each educational  service  region  by  school  districts,  as
11    follows:
12        1.  General Provisions.
13        (a)  In the computation of the amounts to be apportioned,
14    the  average  daily  attendance  of  all  pupils  in grades 9
15    through 12 shall be multiplied by 1.25.   The  average  daily
16    attendance  of  all  pupils  in  grades  7  and  8  shall  be
17    multiplied by 1.05.
18        (b)  The   actual  number  of  pupils  in  average  daily
19    attendance shall be computed in a one-teacher school district
20    by dividing the total aggregate days of pupil  attendance  by
21    the  actual  number of days school is in session but not more
22    than 30 such pupils shall be  accredited  for  such  type  of
23    district;  and  in  districts  of  2  or more teachers, or in
24    districts where records of attendance  are  kept  by  session
25    teachers, by taking the sum of the respective averages of the
26    units composing the group.
27        (c)  Pupils in average daily attendance shall be computed
28    upon the average of the best 3 months of pupils attendance of
29    the  current  school  year  except  as district claims may be
30    later  amended  as  provided  hereinafter  in  this  Section.
31    However,  for  any   school   district   maintaining   grades
                            -2-                LRB9004222THpk
 1    kindergarten through 12, the "average daily attendance" shall
 2    be  computed  on  the  average of the best 3 months of pupils
 3    attendance of the current year in grades kindergarten through
 4    8, added together with the average of the best  3  months  of
 5    pupils attendance of the current year in grades 9 through 12,
 6    except as district claims may be later amended as provided in
 7    this  Section.   Days  of attendance shall be kept by regular
 8    calendar months, except any  days  of  attendance  in  August
 9    shall  be  added  to  the  month of September and any days of
10    attendance in June shall  be  added  to  the  month  of  May.
11    Except  as  otherwise  provided  in  this  Section,  days  of
12    attendance  by  pupils  shall be counted only for sessions of
13    not less than 5 clock hours of  school  work  per  day  under
14    direct  supervision  of:  (i)  teachers, or (ii) non-teaching
15    personnel   or   volunteer   personnel   when   engaging   in
16    non-teaching  duties  and  supervising  in  those   instances
17    specified in subsection (a) of Section 10-22.34 and paragraph
18    10  of  Section 34-18, with pupils of legal school age and in
19    kindergarten and grades 1 through 12.
20        (d)  Pupils regularly enrolled in  a  public  school  for
21    only  a part of the school day may be counted on the basis of
22    1/6 day for every class hour of instruction of 40 minutes  or
23    more attended pursuant to such enrollment.
24        (e)  Days of attendance may be less than 5 clock hours on
25    the  opening  and  closing  of  the school term, and upon the
26    first day of pupil attendance, if preceded by a day  or  days
27    utilized as an institute or teachers' workshop.
28        (f)  A session of 4 or more clock hours may be counted as
29    a  day  of  attendance  upon  certification  by  the regional
30    superintendent, and approved by the State  Superintendent  of
31    Education  to the extent that the district has been forced to
32    use daily multiple sessions.
33        (g)  A session of 3 or more clock hours may be counted as
34    a day of attendance (1) when the remainder of the school  day
                            -3-                LRB9004222THpk
 1    or  at  least  2 hours in the evening of that day is utilized
 2    for an in-service training program  for  teachers,  up  to  a
 3    maximum  of  5  days  per school year of which a maximum of 4
 4    days  of  such  5  days  may  be  used   for   parent-teacher
 5    conferences,  provided  a  district  conducts  an  in-service
 6    training  program for teachers which has been approved by the
 7    State Superintendent of Education; or,  in  lieu  of  4  such
 8    days,  2  full days may be used, in which event each such day
 9    may be counted as a day of attendance; and (2) when  days  in
10    addition  to  those  provided  in item (1) are scheduled by a
11    school pursuant to its school improvement plan adopted  under
12    Article  34 or its revised or amended school improvement plan
13    adopted under Article 2, provided that (i) such sessions of 3
14    or more  clock  hours  are  scheduled  to  occur  at  regular
15    intervals,  (ii)  the  remainder  of the school days in which
16    such sessions occur  are  utilized  for  in-service  training
17    programs  or other staff development activities for teachers,
18    and (iii) a sufficient number of minutes of school work under
19    the direct supervision of teachers are added  to  the  school
20    days  between such regularly scheduled sessions to accumulate
21    not less than the number of minutes by which such sessions of
22    3 or more clock hours fall short of 5 clock hours.  Any  full
23    days  used  for  the  purposes of this paragraph shall not be
24    considered for  computing  average  daily  attendance.   Days
25    scheduled for in-service training programs, staff development
26    activities,  or  parent-teacher  conferences may be scheduled
27    separately  for  different   grade   levels   and   different
28    attendance centers of the district.
29        (h)  A  session  of not less than one clock hour teaching
30    of hospitalized or homebound pupils on-site or  by  telephone
31    to  the  classroom  may  be counted as 1/2 day of attendance,
32    however these pupils must receive 4 or more  clock  hours  of
33    instruction to be counted for a full day of attendance.
34        (i)  A  session  of at least 4 clock hours may be counted
                            -4-                LRB9004222THpk
 1    as a day of attendance for first grade pupils, and pupils  in
 2    full  day kindergartens, and a session of 2 or more hours may
 3    be  counted  as  1/2  day  of   attendance   by   pupils   in
 4    kindergartens which provide only 1/2 day of attendance.
 5        (j)  For children with disabilities who are below the age
 6    of  6  years  and  who  cannot attend two or more clock hours
 7    because of their disability or immaturity, a session  of  not
 8    less  than  one  clock  hour  may  be  counted  as 1/2 day of
 9    attendance; however for such children whose educational needs
10    so require a session of 4 or more clock hours may be  counted
11    as a full day of attendance.
12        (k)  A  recognized  kindergarten  which provides for only
13    1/2 day of attendance by each pupil shall not have more  than
14    1/2  day  of  attendance  counted  in  any  1  day.  However,
15    kindergartens may count 2 1/2 days of  attendance  in  any  5
16    consecutive  school  days.   Where  a  pupil  attends  such a
17    kindergarten for 2 half days on  any  one  school  day,  such
18    pupil  shall  have  the  following  day  as a day absent from
19    school, unless the  school  district  obtains  permission  in
20    writing   from   the   State   Superintendent  of  Education.
21    Attendance at kindergartens which provide for a full  day  of
22    attendance  by  each  pupil  shall  be  counted  the  same as
23    attendance by first grade pupils.  Only  the  first  year  of
24    attendance  in  one  kindergarten  shall be counted except in
25    case of children who entered the kindergarten in their  fifth
26    year  whose educational development requires a second year of
27    kindergarten as determined under the rules and regulations of
28    the State Board of Education.
29        (l)  Days  of  attendance  by  tuition  pupils  shall  be
30    accredited only to the districts that pay the  tuition  to  a
31    recognized school.
32        (m)  The  greater  of  the  immediately  preceding year's
33    weighted average daily  attendance  or  the  average  of  the
34    weighted   average   daily   attendance  of  the  immediately
                            -5-                LRB9004222THpk
 1    preceding year and the previous 2 years shall be used.
 2        For any school year beginning July 1, 1986 or thereafter,
 3    if the weighted average daily  attendance  in  either  grades
 4    kindergarten  through  8 or grades 9 through 12 of a district
 5    as computed for the  first  calendar  month  of  the  current
 6    school  year  exceeds  by  more than 5%, but not less than 25
 7    pupils, the district's weighted average daily attendance  for
 8    the  first  calendar  month of the immediately preceding year
 9    in, respectively, grades kindergarten through 8 or  grades  9
10    through  12,  a  supplementary  payment  shall be made to the
11    district equal to the difference in the  amount  of  aid  the
12    district  would be paid under this Section using the weighted
13    average daily attendance in the district as computed for  the
14    first  calendar  month  of  the  current  school year and the
15    amount of aid the district would be paid using  the  weighted
16    average  daily  attendance  in  the  district  for  the first
17    calendar month  of  the  immediately  preceding  year.   Such
18    supplementary State aid payment shall be paid to the district
19    as  provided  in  Section  18-8.4  and  shall  be  treated as
20    separate from  all  other  payments  made  pursuant  to  this
21    Section 18-8.
22        (n)  The  number  of  low  income  eligible  pupils  in a
23    district shall result in an increase in the weighted  average
24    daily  attendance  calculated  as  follows: The number of low
25    income pupils shall increase the weighted ADA by .53 for each
26    student adjusted  by  dividing  the  percent  of  low  income
27    eligible  pupils in the district by the ratio of eligible low
28    income pupils in the State to the  best  3  months'  weighted
29    average  daily  attendance  in the State.  In no case may the
30    adjustment under this paragraph result in a greater weighting
31    than .625 for each eligible low income student.   The  number
32    of  low  income  eligible  pupils  in a district shall be the
33    low-income eligible count from the  most  recently  available
34    federal  census  and  the  weighted  average daily attendance
                            -6-                LRB9004222THpk
 1    shall be calculated in accordance with the  other  provisions
 2    of this paragraph.
 3        (o)  Any school district which fails for any given school
 4    year  to maintain school as required by law, or to maintain a
 5    recognized school is not eligible to  file  for  such  school
 6    year  any  claim  upon  the  common  school fund.  In case of
 7    nonrecognition of one or more attendance centers in a  school
 8    district otherwise operating recognized schools, the claim of
 9    the  district  shall  be  reduced in the proportion which the
10    average daily attendance in the attendance center or  centers
11    bear  to the average daily attendance in the school district.
12    A "recognized school" means any public school which meets the
13    standards as established for recognition by the  State  Board
14    of  Education.   A  school  district or attendance center not
15    having recognition status at the end  of  a  school  term  is
16    entitled to receive State aid payments due upon a legal claim
17    which was filed while it was recognized.
18        (p)  School  district claims filed under this Section are
19    subject to Sections 18-9, 18-10 and 18-12, except  as  herein
20    otherwise provided.
21        (q)  The  State  Board of Education shall secure from the
22    Department of Revenue the value as equalized or  assessed  by
23    the  Department  of  Revenue of all taxable property of every
24    school district together with the applicable tax rate used in
25    extending taxes for the funds of the district as of September
26    30 of the previous year.  The Department of Revenue shall add
27    to the equalized assessed value of all  taxable  property  of
28    each  school district situated entirely or partially within a
29    county with 2,000,000 or more inhabitants an amount equal  to
30    the  total  amount  by which the homestead exemptions allowed
31    under Sections 15-170 and 15-175 of the Property Tax Code for
32    real property situated in that school  district  exceeds  the
33    total  amount  that  would  have  been allowed in that school
34    district as homestead exemptions under those Sections if  the
                            -7-                LRB9004222THpk
 1    maximum  reduction  under  Section 15-170 of the Property Tax
 2    Code was $2,000  and  the  maximum  reduction  under  Section
 3    15-175 of the Property Tax Code was $3,500.  The county clerk
 4    of  any  county  with  2,000,000  or  more  inhabitants shall
 5    annually calculate and certify to  the  Department  for  each
 6    school  district  all homestead exemption amounts required by
 7    this amendatory Act of 1992.  In a new district which has not
 8    had any tax rates yet determined for extension  of  taxes,  a
 9    leveled uniform rate shall be computed from the latest amount
10    of  the  fund taxes extended on the several areas within such
11    new district.
12        (r)  If a school district operates  a  full  year  school
13    under  Section  10-19.1,  the general state aid to the school
14    district shall be determined by the State Board of  Education
15    in accordance with this Section as near as may be applicable.
16        2.  New  or  recomputed  claim.  The  general  State  aid
17    entitlement for a newly created school district or a district
18    which has annexed an entire school district shall be computed
19    using   attendance,   compensatory  pupil  counts,  equalized
20    assessed valuation, and tax rate data which would  have  been
21    used  had the district been in existence for 3 years. General
22    State aid entitlements shall  not  be  recomputed  except  as
23    permitted herein.
24        3.  Impaction.   Impaction  payments  shall  be  made  as
25    provided for in Section 18-4.2.
26        4.  Summer  school.  Summer school payments shall be made
27    as provided in Section 18-4.3.
28        5.  Computation of State aid.  The State grant  shall  be
29    determined as follows:
30        (a)  The State shall guarantee the amount of money that a
31    district's operating tax rate as limited in other Sections of
32    this  Act  would produce if every district maintaining grades
33    kindergarten through 12 had an equalized  assessed  valuation
34    equal  to  $74,791  per  weighted  ADA  pupil; every district
                            -8-                LRB9004222THpk
 1    maintaining grades kindergarten through 8  had  an  equalized
 2    assessed  valuation  of  $108,644 per weighted ADA pupil; and
 3    every  district  maintaining  grades  9  through  12  had  an
 4    equalized assessed valuation of  $187,657  per  weighted  ADA
 5    pupil.   The  State  Board  of  Education  shall  adjust  the
 6    equalized  assessed  valuation   amounts   stated   in   this
 7    paragraph,  if  necessary,  to  conform  to the amount of the
 8    appropriation approved for any fiscal year.
 9        (b)  The operating tax rate to be used shall  consist  of
10    all district taxes extended for all purposes except community
11    college educational purposes for the payment of tuition under
12    Section  6-1  of  the  Public Community College Act, Bond and
13    Interest,  Summer  School,  Rent,  Capital  Improvement   and
14    Vocational  Education  Building.   Any  district may elect to
15    exclude Transportation from the calculation of its  operating
16    tax  rate.  Districts  may  include  taxes  extended  for the
17    payment of principal and interest on bonds issued  under  the
18    provisions  of  Sections  17-2.11a and 20-2 at a rate of .05%
19    per year for  each  purpose  or  the  actual  rate  extended,
20    whichever is less.
21        (c)  For  calculation  of  aid  under this Act a district
22    shall use the combined authorized tax rates of all funds  not
23    exempt  in (b) above, not to exceed 2.76% of the value of all
24    its  taxable  property  as  equalized  or  assessed  by   the
25    Department   of  Revenue  for  districts  maintaining  grades
26    kindergarten through 12;  1.90%  of  the  value  of  all  its
27    taxable  property  as equalized or assessed by the Department
28    of Revenue  for  districts  maintaining  grades  kindergarten
29    through  8  only;  1.10%  of  the  value  of  all its taxable
30    property as  equalized  or  assessed  by  the  Department  of
31    Revenue  for  districts maintaining grades 9 through 12 only.
32    A district may, however, as provided in Article 17,  increase
33    its  operating  tax  rate  above the maximum rate provided in
34    this subsection without affecting the amount of State aid  to
                            -9-                LRB9004222THpk
 1    which it is entitled under this Act.
 2        (d) (1)  For  districts  maintaining  grades kindergarten
 3    through 12  with  an  operating  tax  rate  as  described  in
 4    subsections  5(b)  and  (c) of less than 2.18%, and districts
 5    maintaining grades kindergarten through 8 with  an  operating
 6    tax  rate  of less than 1.28%, State aid shall be computed by
 7    multiplying the difference between the  guaranteed  equalized
 8    assessed  valuation per weighted ADA pupil in subsection 5(a)
 9    and the equalized assessed valuation per weighted  ADA  pupil
10    in  the district by the operating tax rate, multiplied by the
11    weighted average daily attendance of the district;  provided,
12    however,  that  for  the 1989-1990 school year only, a school
13    district maintaining  grades  kindergarten  through  8  whose
14    operating  tax rate with reference to which its general State
15    aid for the 1989-1990 school year is determined is less  than
16    1.28%  and  more  than 1.090%, and which had an operating tax
17    rate of 1.28% or more for the previous year, shall  have  its
18    general  State  aid  computed  according to the provisions of
19    subsection 5(d)(2).
20        (2)  For  districts   maintaining   grades   kindergarten
21    through  12  with  an  operating  tax  rate  as  described in
22    subsection 5(b) and (c) of 2.18% and  above,  the  State  aid
23    shall  be  computed  as provided in subsection (d) (1) but as
24    though the district had an operating tax rate  of  2.76%;  in
25    K-8  districts with an operating tax rate of 1.28% and above,
26    the State aid shall be computed as provided in subsection (d)
27    (1) but as though the district had an operating tax  rate  of
28    1.90%; and in 9-12 districts, the State aid shall be computed
29    by   multiplying   the   difference  between  the  guaranteed
30    equalized  assessed  valuation  per  weighted  average  daily
31    attendance  pupil  in  subsection  5(a)  and  the   equalized
32    assessed  valuation  per  weighted  average  daily attendance
33    pupil in the district by  the  operating  tax  rate,  not  to
34    exceed  1.10%,  multiplied  by  the  weighted  average  daily
                            -10-               LRB9004222THpk
 1    attendance  of  the  district.   State aid computed under the
 2    provisions of this subsection (d) (2)  shall  be  treated  as
 3    separate  from  all  other  payments  made  pursuant  to this
 4    Section.  The State Comptroller  and  State  Treasurer  shall
 5    transfer  from  the General Revenue Fund to the Common School
 6    Fund the amounts necessary to permit these claims to be  paid
 7    in  equal  installments  along  with other State aid payments
 8    remaining to be made for the 1983-1984 school year under this
 9    Section.
10        (3)  For  any  school  district  whose   1995   equalized
11    assessed  valuation  is  at  least  6%  less  than  its  1994
12    equalized  assessed valuation as the result of a reduction in
13    the equalized assessed  valuation  of  the  taxable  property
14    within  such  district  of  any  one  taxpayer  whose taxable
15    property within the district has a  1994  equalized  assessed
16    valuation  constituting  at  least  20% of the 1994 equalized
17    assessed  valuation  of  all  taxable  property  within   the
18    district,  the  1996-97  State  aid of such district shall be
19    computed using its 1995 equalized assessed valuation.
20        (4)  For  any  school  district  whose   1988   equalized
21    assessed  valuation  is  55%  or  less  of its 1981 equalized
22    assessed valuation, the 1990-91 State aid  of  such  district
23    shall  be computed by multiplying the 1988 equalized assessed
24    valuation by a factor of .8.  Any such school district  which
25    is  reorganized  effective  for the 1991-92 school year shall
26    use the formula provided in this subparagraph for purposes of
27    the calculation made  pursuant  to  subsection  (m)  of  this
28    Section.
29        (e)  The  amount of State aid shall be computed under the
30    provisions of subsections  5(a)  through  5(d)  provided  the
31    equalized  assessed  valuation per weighted ADA pupil is less
32    than .87 of the amounts in subsection 5(a). If the  equalized
33    assessed  valuation  per  weighted  ADA  pupil is equal to or
34    greater than .87 of the amounts in subsection 5(a), the State
                            -11-               LRB9004222THpk
 1    aid shall be computed  under  the  provisions  of  subsection
 2    5(f).
 3        (f)  If the equalized assessed valuation per weighted ADA
 4    pupil  is  equal  to  or  greater  than .87 of the amounts in
 5    subsection 5(a), the State aid per weighted ADA  pupil  shall
 6    be  computed  by  multiplying  the  product  of .13 times the
 7    maximum per pupil amount computed  under  the  provisions  of
 8    subsections  5(a)  through  5(d)  by  an  amount equal to the
 9    quotient of .87 times the equalized  assessed  valuation  per
10    weighted  ADA  pupil  in  subsection  5(a)  for  that type of
11    district divided by  the  district  equalized  valuation  per
12    weighted  ADA  pupil  except  in  no  case shall the district
13    receive State aid per weighted ADA pupil  of  less  than  .07
14    times  the  maximum  per  pupil  amount  computed  under  the
15    provisions of subsections 5(a) through 5(d).
16        (g)  In  addition  to  the  above  grants,  summer school
17    grants shall be made based upon the calculation  as  provided
18    in subsection 4 of this Section.
19        (h)  The  board  of  any  district  receiving  any of the
20    grants provided for in this Section may apply those funds  to
21    any  fund  so  received for which that board is authorized to
22    make expenditures by law.
23        (i) (1) (a)  In school districts with  an  average  daily
24    attendance  of  50,000  or more, the amount which is provided
25    under subsection 1(n) of this Section by the application of a
26    base Chapter 1 weighting factor of .375 shall be  distributed
27    to  the  attendance centers within the district in proportion
28    to the number of pupils enrolled at  each  attendance  center
29    who  are eligible to receive free or reduced-price lunches or
30    breakfasts under the federal Child Nutrition Act of 1966  and
31    under  the  National  School Lunch Act during the immediately
32    preceding school year.  The  amount  of  State  aid  provided
33    under  subsection  1(n) of this Section by the application of
34    the Chapter 1 weighting factor in excess  of  .375  shall  be
                            -12-               LRB9004222THpk
 1    distributed  to the attendance centers within the district in
 2    proportion to the total enrollment at each attendance center.
 3    Beginning with school year  1989-90,  and  each  school  year
 4    thereafter, all funds provided under subsection 1 (n) of this
 5    Section  by the application of the Chapter 1 weighting factor
 6    which are in excess of the level of  non-targeted  Chapter  1
 7    funds   in  school  year  1988-89  shall  be  distributed  to
 8    attendance centers, and only to  attendance  centers,  within
 9    the  district  in proportion to the number of pupils enrolled
10    at each attendance center who are eligible to receive free or
11    reduced price lunches or breakfasts under the  Federal  Child
12    Nutrition  Act and under the National School Lunch Act during
13    the immediately preceding school year.  Beginning  in  school
14    year  1989-90,  25%  of the previously non-targeted Chapter 1
15    funds as established for school year 1988-89  shall  also  be
16    distributed to the attendance centers, and only to attendance
17    centers,  in  the  district  in  proportion  to the number of
18    pupils enrolled at each attendance center who are eligible to
19    receive free or reduced price lunches or breakfasts under the
20    Federal Child Nutrition Act and  under  the  National  School
21    Lunch  Act  during  the immediately preceding school year; in
22    school year  1990-91,  50%  of  the  previously  non-targeted
23    Chapter  1 funds as established for school year 1988-89 shall
24    be distributed to attendance centers, and only to  attendance
25    centers,  in  the  district  in  proportion  to the number of
26    pupils enrolled at each attendance center who are eligible to
27    receive such free or  reduced  price  lunches  or  breakfasts
28    during  the immediately preceding school year; in school year
29    1991-92, 75% of the previously non-targeted Chapter  1  funds
30    as  established  for school year 1988-89 shall be distributed
31    to attendance centers, and only to attendance centers, in the
32    district in proportion to the number of  pupils  enrolled  at
33    each  attendance center who are eligible to receive such free
34    or reduced price lunches or breakfasts during the immediately
                            -13-               LRB9004222THpk
 1    preceding school year; in school year 1992-93 and thereafter,
 2    all funds provided under subsection 1 (n) of this Section  by
 3    the  application  of  the Chapter 1 weighting factor shall be
 4    distributed to attendance centers,  and  only  to  attendance
 5    centers,  in  the  district  in  proportion  to the number of
 6    pupils enrolled at each attendance center who are eligible to
 7    receive free or reduced price lunches or breakfasts under the
 8    Federal Child Nutrition Act and  under  the  National  School
 9    Lunch  Act  during  the  immediately  preceding  school year;
10    provided, however, that the distribution  formula  in  effect
11    beginning with school year 1989-90 shall not be applicable to
12    such  portion of State aid provided under subsection 1 (n) of
13    this Section by the application of the  Chapter  1  weighting
14    formula  as  is  set  aside  and  appropriated  by the school
15    district for the purpose of providing desegregation  programs
16    and  related  transportation to students (which portion shall
17    not exceed 5% of the total  amount  of  State  aid  which  is
18    provided   under   subsection   1  (n)  of  this  Section  by
19    application of the Chapter  1  weighting  formula),  and  the
20    relevant  percentages  shall  be  applied  to  the  remaining
21    portion  of  such  State  aid.   The  distribution  of  these
22    portions  of  general  State  aid  among  attendance  centers
23    according  to these requirements shall not be compensated for
24    or contravened by adjustments of the  total  of  other  funds
25    appropriated  to  any  attendance centers.   (b) The Board of
26    Education shall utilize funding from one or  several  sources
27    in  order to fully implement this provision annually prior to
28    the opening of school.  The Board of  Education  shall  apply
29    savings  from  reduced  administrative  costs  required under
30    Section 34-43.1 and growth in non-Chapter 1 State  and  local
31    funds  to  assure that all attendance centers receive funding
32    to replace losses due to redistribution of Chapter 1 funding.
33    The distribution formula and funding to replace losses due to
34    the distribution formula shall occur, in full, using any  and
                            -14-               LRB9004222THpk
 1    all  sources available, including, if necessary, revenue from
 2    administrative reductions beyond those  required  in  Section
 3    34-43.1,  in  order to provide the necessary funds.  (c) Each
 4    attendance center shall be provided by the school district  a
 5    distribution  of  noncategorical  funds and other categorical
 6    funds to which an attendance center is entitled under law  in
 7    order  that  the  State  aid  provided  by application of the
 8    Chapter 1 weighting factor and  required  to  be  distributed
 9    among  attendance  centers  according  to the requirements of
10    this  paragraph  supplements  rather   than   supplants   the
11    noncategorical  funds and other categorical funds provided by
12    the   school   district   to    the    attendance    centers.
13    Notwithstanding  the  foregoing provisions of this subsection
14    5(i)(1) or any other law to the contrary, beginning with  the
15    1997-1998  1995-1996  school  year  and  for each school year
16    thereafter, the board of  a  school  district  to  which  the
17    provisions  of  this  subsection  apply  shall be required to
18    allocate or provide to attendance centers of the district  in
19    any  such  school  year,  from the State aid provided for the
20    district under this Section by application of the  Chapter  1
21    weighting  factor,  an  aggregate amount of not less than 95%
22    $261,000,000 of the State Chapter 1 funds that  are  provided
23    for  each  such school year, reduced in each such school year
24    by $16,000,000. Any State Chapter 1 funds that by  reason  of
25    the  provisions  of  this  paragraph  are  not required to be
26    allocated and provided to attendance centers may be used  and
27    appropriated  by  the  board  of  the district for any lawful
28    school purpose.   Chapter 1 funds received by  an  attendance
29    center  (except  those  funds  set  aside  for  desegregation
30    programs  and  related  transportation  to students) shall be
31    used on the schedule cited in this Section at the  attendance
32    center  at  the  discretion of the principal and local school
33    council for programs to improve educational opportunities  at
34    qualifying   schools   through  the  following  programs  and
                            -15-               LRB9004222THpk
 1    services: early childhood education, reduced  class  size  or
 2    improved   adult   to  student  classroom  ratio,  enrichment
 3    programs, remedial  assistance,  attendance  improvement  and
 4    other  educationally beneficial expenditures which supplement
 5    the regular and basic programs as  determined  by  the  State
 6    Board  of  Education.   Chapter 1 funds shall not be expended
 7    for any political or lobbying purposes as  defined  by  board
 8    rule.  (d)  Each  district  subject to the provisions of this
 9    paragraph  shall  submit  an  acceptable  plan  to  meet  the
10    educational needs of disadvantaged  children,  in  compliance
11    with  the  requirements of this paragraph, to the State Board
12    of Education prior to July 15 of each year. This  plan  shall
13    be  consistent  with  the  decisions of local school councils
14    concerning  the  school  expenditure   plans   developed   in
15    accordance  with  part  4 of Section 34-2.3.  The State Board
16    shall approve or reject the plan within  60  days  after  its
17    submission.   If the plan is rejected the district shall give
18    written notice of intent to modify the plan within 15 days of
19    the notification of rejection and then submit a modified plan
20    within 30 days after the date of the written notice of intent
21    to modify.  Districts may amend approved  plans  pursuant  to
22    rules promulgated by the State Board of Education.
23        Upon  notification  by  the State Board of Education that
24    the district has not submitted a plan prior to July 15  or  a
25    modified  plan  within  the time period specified herein, the
26    State aid funds affected by said plan or modified plan  shall
27    be  withheld  by the State Board of Education until a plan or
28    modified plan is submitted.
29        If  the  district  fails  to  distribute  State  aid   to
30    attendance  centers  in accordance with an approved plan, the
31    plan for the following year shall allocate funds, in addition
32    to the funds otherwise  required  by  this  subparagraph,  to
33    those  attendance  centers  which were underfunded during the
34    previous year in amounts equal to such underfunding.
                            -16-               LRB9004222THpk
 1        For  purposes  of  determining   compliance   with   this
 2    subsection  in  relation  to  Chapter  1  expenditures,  each
 3    district  subject  to the provisions of this subsection shall
 4    submit as a separate document by December 1 of  each  year  a
 5    report  of  Chapter  1 expenditure data for the prior year in
 6    addition to any modification of its current plan.  If  it  is
 7    determined  that  there has been a failure to comply with the
 8    expenditure   provisions   of   this   subsection   regarding
 9    contravention or supplanting,  the  State  Superintendent  of
10    Education  shall,  within  60  days of receipt of the report,
11    notify the district and any affected  local  school  council.
12    The  district  shall  within  45  days  of  receipt  of  that
13    notification  inform the State Superintendent of Education of
14    the remedial or corrective action to be  taken,  whether   by
15    amendment  of the current plan, if feasible, or by adjustment
16    in the plan for the following year.  Failure to  provide  the
17    expenditure   report  or  the  notification  of  remedial  or
18    corrective action in  a  timely  manner  shall  result  in  a
19    withholding of the affected funds.
20        The  State  Board of Education shall promulgate rules and
21    regulations to implement the provisions  of  this  subsection
22    5(i)(1).  No funds shall be released under subsection 1(n) of
23    this Section or under this subsection 5(i)(1) to any district
24    which has not submitted a plan which has been approved by the
25    State Board of Education.
26        (2)  School districts with an average daily attendance of
27    more  than 1,000 and less than 50,000 and having a low income
28    pupil weighting factor in excess of .53 shall submit  a  plan
29    to  the  State Board of Education prior to October 30 of each
30    year for the use of the funds resulting from the  application
31    of  subsection  1(n)  of  this Section for the improvement of
32    instruction  in  which  priority  is  given  to  meeting  the
33    education needs of disadvantaged children.  Such  plan  shall
34    be   submitted  in  accordance  with  rules  and  regulations
                            -17-               LRB9004222THpk
 1    promulgated by the State Board of Education.
 2        (j)  For the purposes of calculating State aid under this
 3    Section, with respect to any part of a school district within
 4    a  redevelopment  project  area  in  respect   to   which   a
 5    municipality  has  adopted tax increment allocation financing
 6    pursuant to the Tax Increment Allocation  Redevelopment  Act,
 7    Sections   11-74.4-1   through  11-74.4-11  of  the  Illinois
 8    Municipal Code or the Industrial Jobs Recovery Law,  Sections
 9    11-74.6-1  through 11-74.6-50 of the Illinois Municipal Code,
10    no part of the current equalized assessed valuation  of  real
11    property   located   in   any  such  project  area  which  is
12    attributable to an increase above the total initial equalized
13    assessed  valuation  of  such  property  shall  be  used   in
14    computing  the  equalized assessed valuation per weighted ADA
15    pupil in the district, until such time as  all  redevelopment
16    project   costs  have  been  paid,  as  provided  in  Section
17    11-74.4-8 of the Tax Increment Allocation  Redevelopment  Act
18    or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
19    For the purpose of computing the equalized assessed valuation
20    per  weighted  ADA  pupil  in  the district the total initial
21    equalized  assessed  valuation  or  the   current   equalized
22    assessed  valuation,  whichever is lower, shall be used until
23    such time as all redevelopment project costs have been paid.
24        (k)  For a school district operating under the  financial
25    supervision  of  an  Authority created under Article 34A, the
26    State aid otherwise  payable  to  that  district  under  this
27    Section,  other  than  State  aid  attributable  to Chapter 1
28    students, shall be reduced by an amount equal to  the  budget
29    for  the  operations  of  the  Authority  as certified by the
30    Authority to the State Board  of  Education,  and  an  amount
31    equal  to  such  reduction  shall  be  paid  to the Authority
32    created for such district for its operating expenses  in  the
33    manner  provided  in  Section  18-11.  The remainder of State
34    school aid for any such district shall be paid in  accordance
                            -18-               LRB9004222THpk
 1    with Article 34A when that Article provides for a disposition
 2    other than that provided by this Article.
 3        (l)  For  purposes  of  calculating  State aid under this
 4    Section,  the  equalized  assessed  valuation  for  a  school
 5    district used to compute State aid  shall  be  determined  by
 6    adding  to the real property equalized assessed valuation for
 7    the district an amount computed by  dividing  the  amount  of
 8    money  received  by  the district under the provisions of "An
 9    Act in relation to  the  abolition  of  ad  valorem  personal
10    property  tax  and the replacement of revenues lost thereby",
11    certified August 14, 1979, by the  total  tax  rate  for  the
12    district.  For  purposes  of  this  subsection 1976 tax rates
13    shall be used for school districts in the county of Cook  and
14    1977  tax  rates  shall  be  used for school districts in all
15    other counties.
16        (m) (1)  For a new school district  formed  by  combining
17    property   included  totally  within  2  or  more  previously
18    existing school districts, for its first year of existence or
19    if the new district was formed after  October  31,  1982  and
20    prior  to  September  23,  1985,  for  the  year  immediately
21    following  September 23, 1985, the State aid calculated under
22    this Section shall be computed for the new district  and  for
23    the  previously  existing  districts  for  which  property is
24    totally included within the new district.  If the computation
25    on the basis of the previously existing districts is greater,
26    a supplementary payment equal to the difference shall be made
27    for the first 3 years of existence of the new district or  if
28    the  new district was formed after October 31, 1982 and prior
29    to September 23, 1985, for the 3 years immediately  following
30    September 23, 1985.
31        (2)  For  a  school  district  which  annexes  all of the
32    territory of one or more entire other school  districts,  for
33    the   first  year  during  which  the  change  of  boundaries
34    attributable to such annexation  becomes  effective  for  all
                            -19-               LRB9004222THpk
 1    purposes  as  determined under Section 7-9 or 7A-8, the State
 2    aid calculated under this Section shall be computed  for  the
 3    annexing district as constituted after the annexation and for
 4    the  annexing  and each annexed district as constituted prior
 5    to the annexation; and if the computation on the basis of the
 6    annexing and annexed districts as constituted  prior  to  the
 7    annexation  is  greater, a supplementary payment equal to the
 8    difference shall be made for the first 3 years  of  existence
 9    of  the  annexing  school  district  as constituted upon such
10    annexation.
11        (3)  For 2 or more school districts which  annex  all  of
12    the  territory  of one or more entire other school districts,
13    and for 2 or more community unit districts which result  upon
14    the  division  (pursuant  to petition under Section 11A-2) of
15    one or more other unit school districts into 2 or more  parts
16    and  which  together include all of the parts into which such
17    other unit school district or districts are so  divided,  for
18    the   first  year  during  which  the  change  of  boundaries
19    attributable to such annexation or division becomes effective
20    for all purposes as determined under Section 7-9  or  11A-10,
21    as  the  case  may  be,  the  State aid calculated under this
22    Section shall be computed  for  each  annexing  or  resulting
23    district  as constituted after the annexation or division and
24    for each annexing and annexed district, or for each resulting
25    and divided district, as constituted prior to the  annexation
26    or  division;  and  if  the  aggregate of the State aid as so
27    computed  for  the  annexing  or   resulting   districts   as
28    constituted after the annexation or division is less than the
29    aggregate  of  the  State aid as so computed for the annexing
30    and annexed districts,  or  for  the  resulting  and  divided
31    districts,   as   constituted  prior  to  the  annexation  or
32    division,  then  a  supplementary  payment   equal   to   the
33    difference  shall  be made and allocated between or among the
34    annexing or resulting districts,  as  constituted  upon  such
                            -20-               LRB9004222THpk
 1    annexation  or  division,  for  the  first  3  years of their
 2    existence.  The total difference payment shall  be  allocated
 3    between  or  among the annexing or resulting districts in the
 4    same ratio as the pupil enrollment from that portion  of  the
 5    annexed  or divided district or districts which is annexed to
 6    or included in each such annexing or resulting district bears
 7    to the total pupil enrollment  from  the  entire  annexed  or
 8    divided  district  or  districts, as such pupil enrollment is
 9    determined for the school year last ending prior to the  date
10    when  the change of boundaries attributable to the annexation
11    or division becomes effective for all purposes.   The  amount
12    of  the total difference payment and the amount thereof to be
13    allocated to the annexing or  resulting  districts  shall  be
14    computed  by  the  State  Board  of Education on the basis of
15    pupil enrollment and other data which shall be  certified  to
16    the State Board of Education, on forms which it shall provide
17    for  that  purpose, by the regional superintendent of schools
18    for each educational service region in which the annexing and
19    annexed districts, or resulting  and  divided  districts  are
20    located.
21        (4)  If  a unit school district annexes all the territory
22    of another unit school district effective  for  all  purposes
23    pursuant  to  Section 7-9 on July 1, 1988, and if part of the
24    annexed territory is detached within 90 days  after  July  1,
25    1988,  then  the detachment shall be disregarded in computing
26    the supplementary State aid payments under this paragraph (m)
27    for the entire 3 year period and the supplementary State  aid
28    payments shall not be diminished because of the detachment.
29        (5)  Any  supplementary State aid payment made under this
30    paragraph (m) shall be treated as  separate  from  all  other
31    payments made pursuant to this Section.
32        (n)  For the purposes of calculating State aid under this
33    Section, the real property equalized assessed valuation for a
34    school district used to compute State aid shall be determined
                            -21-               LRB9004222THpk
 1    by  subtracting  from the real property value as equalized or
 2    assessed by the Department of Revenue  for  the  district  an
 3    amount  computed  by  dividing the amount of any abatement of
 4    taxes under Section 18-170 of the Property Tax  Code  by  the
 5    maximum  operating  tax rates specified in subsection 5(c) of
 6    this Section and an amount computed by dividing the amount of
 7    any abatement of taxes under subsection (a) of Section 18-165
 8    of the Property Tax Code by the maximum operating  tax  rates
 9    specified in subsection 5(c) of this Section.
10        (o)  Notwithstanding   any   other   provisions  of  this
11    Section, for the 1996-1997 school  year  the  amount  of  the
12    aggregate  general  State  aid  entitlement  that is received
13    under this Section by each school district  for  that  school
14    year  shall  be  not  less  than  the amount of the aggregate
15    general State  aid  entitlement  that  was  received  by  the
16    district under this Section for the 1995-1996 school year. If
17    a  school  district  is to receive an aggregate general State
18    aid entitlement under this Section for the  1996-1997  school
19    year  that  is  less than the amount of the aggregate general
20    State aid entitlement that the district received  under  this
21    Section  for  the  1995-1996 school year, the school district
22    shall also receive, from a separate  appropriation  made  for
23    purposes  of this paragraph (o), a supplementary payment that
24    is equal to  the  amount  by  which  the  general  State  aid
25    entitlement  received  by the district under this Section for
26    the 1995-1996 school  year  exceeds  the  general  State  aid
27    entitlement  that  the  district  is  to  receive  under this
28    Section  for  the  1996-1997  school  year.   If  the  amount
29    appropriated for supplementary payments to  school  districts
30    under  this  paragraph  (o) is insufficient for that purpose,
31    the supplementary payments  that  districts  are  to  receive
32    under  this  paragraph  shall  be  prorated  according to the
33    aggregate amount of the appropriation made  for  purposes  of
34    this paragraph.
                            -22-               LRB9004222THpk
 1        B.  In calculating the amount to be paid to the governing
 2    board  of  a  public  university  that  operates a laboratory
 3    school under this Section or to any alternative  school  that
 4    is  operated by a regional superintendent, the State Board of
 5    Education shall require by rule such  reporting  requirements
 6    as it deems necessary.
 7        As  used  in  this  Section,  "laboratory school" means a
 8    public school which is  created  and  operated  by  a  public
 9    university and approved by the State Board of Education.  The
10    governing  board  of a public university which receives funds
11    from the State Board under this subsection B may not increase
12    the number of students enrolled in its laboratory school from
13    a single district, if that district is already sending 50  or
14    more  students,  except  under a mutual agreement between the
15    school board of a student's district  of  residence  and  the
16    university   which   operates   the   laboratory  school.   A
17    laboratory school may not  have  more  than  1,000  students,
18    excluding  students  with disabilities in a special education
19    program.
20        As used in this Section,  "alternative  school"  means  a
21    public  school  which  is  created and operated by a Regional
22    Superintendent of Schools and approved by the State Board  of
23    Education.  Such  alternative  schools  may  offer courses of
24    instruction for which  credit  is  given  in  regular  school
25    programs,  courses  to  prepare  students for the high school
26    equivalency testing program or  vocational  and  occupational
27    training.
28        Each  laboratory  and  alternative  school shall file, on
29    forms provided by the State Superintendent of  Education,  an
30    annual  State  aid  claim  which  states  the  average  daily
31    attendance  of  the  school's  students by month.  The best 3
32    months' average daily attendance shall be computed  for  each
33    school.   The  weighted  average  daily  attendance  shall be
34    computed and the weighted average daily  attendance  for  the
                            -23-               LRB9004222THpk
 1    school's  most recent 3 year average shall be compared to the
 2    most  recent  weighted  average  daily  attendance,  and  the
 3    greater of the 2 shall be used for the calculation under this
 4    subsection B.  The general State  aid  entitlement  shall  be
 5    computed  by  multiplying  the  school's student count by the
 6    foundation level as determined under this Section.
 7    (Source: P.A. 88-9; 88-45;  88-89;  88-386;  88-511;  88-537;
 8    88-555;  88-641;  88-670,  eff. 12-2-94; 89-15, eff. 5-30-95;
 9    89-235, eff.  8-4-95;  89-397,  eff.  8-20-95;  89-610,  eff.
10    8-6-96;  89-618,  eff.  8-9-96;  89-626, eff. 8-9-96; 89-679,
11    eff. 8-16-96; revised 9-10-96.)
12        Section 99.  Effective date.  This Act takes effect  July
13    1, 1997.

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