State of Illinois
91st General Assembly
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[ Senate Amendment 001 ]

91_SB0227

 
                                               LRB9101851NTsb

 1        AN  ACT  to  amend  the  School  Code by changing Section
 2    18-8.05.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  School  Code  is  amended  by changing
 6    Section 18-8.05 as follows:

 7        (105 ILCS 5/18-8.05)
 8        Sec. 18-8.05.  Basis for apportionment of  general  State
 9    financial  aid  and  supplemental  general  State  aid to the
10    common schools for the 1998-1999 and subsequent school years.

11    (A)  General Provisions.
12        (1)  The  provisions  of  this  Section  apply   to   the
13    1998-1999 and subsequent school years.  The system of general
14    State  financial aid provided for in this Section is designed
15    to assure that, through a combination of State financial  aid
16    and  required local resources, the financial support provided
17    each pupil in Average Daily Attendance equals  or  exceeds  a
18    prescribed per pupil Foundation Level.  This formula approach
19    imputes  a  level  of per pupil Available Local Resources and
20    provides for the basis to calculate  a  per  pupil  level  of
21    general  State  financial  aid  that, when added to Available
22    Local Resources, equals or exceeds the Foundation Level.  The
23    amount of per pupil general State financial  aid  for  school
24    districts,   in   general,  varies  in  inverse  relation  to
25    Available Local Resources.  Per pupil amounts are based  upon
26    each  school district's Average Daily Attendance as that term
27    is defined in this Section.
28        (2)  In addition to general State financial  aid,  school
29    districts  with  specified levels or concentrations of pupils
30    from  low  income  households   are   eligible   to   receive
31    supplemental  general  State financial aid grants as provided
 
                            -2-                LRB9101851NTsb
 1    pursuant to subsection (H). The supplemental State aid grants
 2    provided for school districts under subsection (H)  shall  be
 3    appropriated  for distribution to school districts as part of
 4    the same line item in which the general State  financial  aid
 5    of school districts is appropriated under this Section.
 6        (3)  To  receive financial assistance under this Section,
 7    school districts are required to file claims with  the  State
 8    Board of Education, subject to the following requirements:
 9             (a)  Any  school  district which fails for any given
10        school year to maintain school as required by law, or  to
11        maintain  a recognized school is not eligible to file for
12        such school year any claim upon the Common  School  Fund.
13        In  case  of  nonrecognition  of  one  or more attendance
14        centers  in  a  school   district   otherwise   operating
15        recognized  schools,  the  claim of the district shall be
16        reduced  in  the  proportion  which  the  Average   Daily
17        Attendance  in  the  attendance center or centers bear to
18        the Average Daily Attendance in the school  district.   A
19        "recognized  school"  means any public school which meets
20        the standards as established for recognition by the State
21        Board of Education.   A  school  district  or  attendance
22        center  not  having  recognition  status  at the end of a
23        school term is entitled to receive State aid payments due
24        upon  a  legal  claim  which  was  filed  while  it   was
25        recognized.
26             (b)  School district claims filed under this Section
27        are subject to Sections 18-9, 18-10, and 18-12, except as
28        otherwise provided in this Section.
29             (c)  If  a  school  district  operates  a  full year
30        school under Section 10-19.1, the general  State  aid  to
31        the  school  district  shall  be  determined by the State
32        Board of Education in accordance  with  this  Section  as
33        near as may be applicable.
34             (d) (Blank).
 
                            -3-                LRB9101851NTsb
 1        (4)  Except  as  provided in subsections (H) and (L), the
 2    board of any district receiving any of  the  grants  provided
 3    for  in  this  Section  may  apply those funds to any fund so
 4    received  for  which  that  board  is  authorized   to   make
 5    expenditures by law.
 6        School  districts  are  not  required  to exert a minimum
 7    Operating Tax Rate in order to qualify for  assistance  under
 8    this Section.
 9        (5)  As  used  in  this Section the following terms, when
10    capitalized, shall have the meaning ascribed herein:
11             (a)  "Average Daily Attendance":  A count  of  pupil
12        attendance   in  school,  averaged  as  provided  for  in
13        subsection  (C)  and  utilized  in  deriving  per   pupil
14        financial support levels.
15             (b)  "Available  Local Resources":  A computation of
16        local financial  support,  calculated  on  the  basis  of
17        Average Daily Attendance and derived as provided pursuant
18        to subsection (D).
19             (c)  "Corporate    Personal   Property   Replacement
20        Taxes":  Funds paid to local school districts pursuant to
21        "An Act in  relation  to  the  abolition  of  ad  valorem
22        personal  property  tax  and  the replacement of revenues
23        lost thereby, and amending and repealing certain Acts and
24        parts of Acts in connection therewith", certified  August
25        14, 1979, as amended (Public Act 81-1st S.S.-1).
26             (d)  "Foundation  Level":  A prescribed level of per
27        pupil financial support as  provided  for  in  subsection
28        (B).
29             (e)  "Operating  Tax  Rate":   All  school  district
30        property taxes extended for all purposes, except Bond and
31        Interest,  Summer  School, Rent, Capital Improvement, and
32        Vocational Education Building purposes.

33    (B)  Foundation Level.
34        (1)  The Foundation Level is a figure established by  the
 
                            -4-                LRB9101851NTsb
 1    State  representing  the minimum level of per pupil financial
 2    support that should be available to  provide  for  the  basic
 3    education  of each pupil in Average Daily Attendance.  As set
 4    forth in this Section, each school  district  is  assumed  to
 5    exert   a  sufficient  local  taxing  effort  such  that,  in
 6    combination with the aggregate of general State financial aid
 7    provided the  district,  an  aggregate  of  State  and  local
 8    resources  are available to meet the basic education needs of
 9    pupils in the district.
10        (2)  For the 1998-1999 school year, the Foundation  Level
11    of  support  is  $4,225.   For the 1999-2000 school year, the
12    Foundation Level of support is  $4,325.   For  the  2000-2001
13    school year, the Foundation Level of support is $4,425.
14        (3)  For  the  2001-2002 school year and each school year
15    thereafter, the Foundation Level of support is $4,425 or such
16    greater amount as may be established by law  by  the  General
17    Assembly.

18    (C)  Average Daily Attendance.
19        (1)  For   purposes  of  calculating  general  State  aid
20    pursuant to  subsection  (E),  an  Average  Daily  Attendance
21    figure  shall  be  utilized.   The  Average  Daily Attendance
22    figure for formula calculation purposes shall be the  monthly
23    average  of the actual number of pupils in attendance of each
24    school district, as further averaged for the best 3 months of
25    pupil attendance for each school district.  In compiling  the
26    figures  for  the  number  of  pupils  in  attendance, school
27    districts  and  the  State  Board  of  Education  shall,  for
28    purposes of general State  aid  funding,  conform  attendance
29    figures to the requirements of subsection (F).
30        (2)  The  Average  Daily  Attendance  figures utilized in
31    subsection (E) shall be the requisite attendance data for the
32    school year immediately preceding the school year  for  which
33    general State aid is being calculated.
 
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 1    (D)  Available Local Resources.
 2        (1)  For   purposes  of  calculating  general  State  aid
 3    pursuant to subsection (E),  a  representation  of  Available
 4    Local  Resources  per  pupil,  as  that  term  is defined and
 5    determined in this subsection, shall be utilized.   Available
 6    Local  Resources  per pupil shall include a calculated dollar
 7    amount representing local school district revenues from local
 8    property  taxes  and   from   Corporate   Personal   Property
 9    Replacement  Taxes,  expressed  on  the  basis  of  pupils in
10    Average Daily Attendance.
11        (2)  In determining  a  school  district's  revenue  from
12    local  property  taxes,  the  State  Board of Education shall
13    utilize the  equalized  assessed  valuation  of  all  taxable
14    property  of  each  school district as of September 30 of the
15    previous year.  The  equalized  assessed  valuation  utilized
16    shall  be  obtained  and determined as provided in subsection
17    (G).
18        (3)  For school districts maintaining grades kindergarten
19    through 12, local property tax revenues per  pupil  shall  be
20    calculated   as  the  product  of  the  applicable  equalized
21    assessed valuation for the district multiplied by 3.00%,  and
22    divided  by  the  district's Average Daily Attendance figure.
23    For school districts maintaining grades kindergarten  through
24    8,  local property tax revenues per pupil shall be calculated
25    as the product of the applicable equalized assessed valuation
26    for the district multiplied by  2.30%,  and  divided  by  the
27    district's  Average  Daily  Attendance  figure.   For  school
28    districts maintaining grades 9 through 12, local property tax
29    revenues per pupil shall be the applicable equalized assessed
30    valuation of the district multiplied by 1.20%, and divided by
31    the district's Average Daily Attendance figure.
32        (4)  The  Corporate  Personal  Property Replacement Taxes
33    paid to each school district during the calendar year 2 years
34    before the calendar year  in  which  a  school  year  begins,
 
                            -6-                LRB9101851NTsb
 1    divided  by  the  Average  Daily  Attendance  figure for that
 2    district, shall be added to the local property  tax  revenues
 3    per  pupil  as  derived by the application of the immediately
 4    preceding paragraph (3).  The sum of these per pupil  figures
 5    for  each  school  district  shall constitute Available Local
 6    Resources as that term is utilized in subsection (E)  in  the
 7    calculation of general State aid.

 8    (E)  Computation of General State Aid.
 9        (1)  For  each  school  year, the amount of general State
10    aid allotted to a school district shall be  computed  by  the
11    State Board of Education as provided in this subsection.
12        (2)  For  any  school  district for which Available Local
13    Resources per pupil is less than the product  of  0.93  times
14    the  Foundation  Level,  general  State aid for that district
15    shall be calculated as an  amount  equal  to  the  Foundation
16    Level  minus  Available  Local  Resources,  multiplied by the
17    Average Daily Attendance of the school district.
18        (3)  For any school district for  which  Available  Local
19    Resources  per  pupil is equal to or greater than the product
20    of 0.93 times the Foundation Level and less than the  product
21    of 1.75 times the Foundation Level, the general State aid per
22    pupil  shall  be a decimal proportion of the Foundation Level
23    derived  using  a  linear  algorithm.   Under   this   linear
24    algorithm,  the  calculated general State aid per pupil shall
25    decline  in  direct  linear  fashion  from  0.07  times   the
26    Foundation  Level  for a school district with Available Local
27    Resources equal to the product of 0.93 times  the  Foundation
28    Level,  to  0.05  times  the  Foundation  Level  for a school
29    district with Available Local Resources equal to the  product
30    of  1.75  times  the  Foundation  Level.   The  allocation of
31    general State  aid  for  school  districts  subject  to  this
32    paragraph  3  shall  be  the calculated general State aid per
33    pupil figure multiplied by the Average  Daily  Attendance  of
34    the school district.
 
                            -7-                LRB9101851NTsb
 1        (4)  For  any  school  district for which Available Local
 2    Resources per pupil equals or exceeds  the  product  of  1.75
 3    times  the  Foundation  Level,  the general State aid for the
 4    school district shall be calculated as the  product  of  $218
 5    multiplied  by  the  Average  Daily  Attendance of the school
 6    district.

 7    (F)  Compilation of Average Daily Attendance.
 8        (1)  Each school district shall, by July 1 of each  year,
 9    submit  to  the State Board of Education, on forms prescribed
10    by the State Board of Education, attendance figures  for  the
11    school  year  that began in the preceding calendar year.  The
12    attendance information  so  transmitted  shall  identify  the
13    average daily attendance figures for each month of the school
14    year,  except  that any days of attendance in August shall be
15    added to the month of September and any days of attendance in
16    June shall be added to the month of May.
17        Except as otherwise provided in  this  Section,  days  of
18    attendance  by  pupils  shall be counted only for sessions of
19    not less than 5 clock hours of  school  work  per  day  under
20    direct  supervision  of:  (i)  teachers, or (ii) non-teaching
21    personnel   or   volunteer   personnel   when   engaging   in
22    non-teaching  duties  and  supervising  in  those   instances
23    specified in subsection (a) of Section 10-22.34 and paragraph
24    10  of  Section 34-18, with pupils of legal school age and in
25    kindergarten and grades 1 through 12.
26        Days of attendance by tuition pupils shall be  accredited
27    only  to  the  districts that pay the tuition to a recognized
28    school.
29        (2)  Days of attendance by pupils of less  than  5  clock
30    hours  of school shall be subject to the following provisions
31    in the compilation of Average Daily Attendance.
32             (a)  Pupils regularly enrolled in  a  public  school
33        for  only  a part of the school day may be counted on the
34        basis of 1/6 day for every class hour of  instruction  of
 
                            -8-                LRB9101851NTsb
 1        40 minutes or more attended pursuant to such enrollment.
 2             (b)  Days  of  attendance  may  be less than 5 clock
 3        hours on the opening and closing of the school term,  and
 4        upon  the first day of pupil attendance, if preceded by a
 5        day  or  days  utilized  as  an  institute  or  teachers'
 6        workshop.
 7             (c)  A session of 4  or  more  clock  hours  may  be
 8        counted  as a day of attendance upon certification by the
 9        regional  superintendent,  and  approved  by  the   State
10        Superintendent  of  Education  to  the  extent  that  the
11        district has been forced to use daily multiple sessions.
12             (d)  A  session  of  3  or  more  clock hours may be
13        counted as a day of attendance (1) when the remainder  of
14        the school day or at least 2 hours in the evening of that
15        day  is  utilized  for an in-service training program for
16        teachers, up to a maximum of 5 days per  school  year  of
17        which  a maximum of 4 days of such 5 days may be used for
18        parent-teacher conferences, provided a district  conducts
19        an  in-service  training  program  for teachers which has
20        been approved by the State Superintendent  of  Education;
21        or,  in  lieu of 4 such days, 2 full days may be used, in
22        which event each such day may be  counted  as  a  day  of
23        attendance;  and  (2)  when  days  in  addition  to those
24        provided in item (1) are scheduled by a  school  pursuant
25        to  its  school improvement plan adopted under Article 34
26        or its revised or amended school improvement plan adopted
27        under Article 2, provided that (i) such sessions of 3  or
28        more  clock  hours  are  scheduled  to  occur  at regular
29        intervals, (ii) the remainder of the school days in which
30        such sessions occur are utilized for in-service  training
31        programs   or  other  staff  development  activities  for
32        teachers, and (iii) a sufficient  number  of  minutes  of
33        school  work under the direct supervision of teachers are
34        added to the school days between such regularly scheduled
 
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 1        sessions to  accumulate  not  less  than  the  number  of
 2        minutes  by  which such sessions of 3 or more clock hours
 3        fall short of 5 clock hours. Any full days used  for  the
 4        purposes  of  this  paragraph shall not be considered for
 5        computing average daily attendance.  Days  scheduled  for
 6        in-service    training    programs,   staff   development
 7        activities,  or   parent-teacher   conferences   may   be
 8        scheduled  separately  for  different  grade  levels  and
 9        different attendance centers of the district.
10             (e)  A  session  of  not less than one clock hour of
11        teaching of hospitalized or homebound pupils  on-site  or
12        by  telephone  to the classroom may be counted as 1/2 day
13        of attendance, however these pupils  must  receive  4  or
14        more  clock hours of instruction to be counted for a full
15        day of attendance.
16             (f)  A session of at least  4  clock  hours  may  be
17        counted  as  a  day of attendance for first grade pupils,
18        and pupils in full day kindergartens, and a session of  2
19        or  more hours may be counted as 1/2 day of attendance by
20        pupils in kindergartens which provide  only  1/2  day  of
21        attendance.
22             (g)  For  children  with  disabilities who are below
23        the age of 6 years and who cannot attend 2 or more  clock
24        hours  because  of  their  disability  or  immaturity,  a
25        session of not less than one clock hour may be counted as
26        1/2  day  of  attendance; however for such children whose
27        educational needs so require a session of 4 or more clock
28        hours may be counted as a full day of attendance.
29             (h)  A recognized kindergarten  which  provides  for
30        only  1/2  day of attendance by each pupil shall not have
31        more than 1/2 day of attendance counted in any one 1 day.
32        However, kindergartens may count 2 1/2 days of attendance
33        in any 5 consecutive school days.  When a  pupil  attends
34        such  a  kindergarten  for  2 half days on any one school
 
                            -10-               LRB9101851NTsb
 1        day, the pupil shall have the  following  day  as  a  day
 2        absent  from  school,  unless the school district obtains
 3        permission in writing from the  State  Superintendent  of
 4        Education.  Attendance at kindergartens which provide for
 5        a  full  day of attendance by each pupil shall be counted
 6        the same as attendance by first grade pupils.   Only  the
 7        first  year  of  attendance  in one kindergarten shall be
 8        counted, except in  case  of  children  who  entered  the
 9        kindergarten   in  their  fifth  year  whose  educational
10        development requires a second  year  of  kindergarten  as
11        determined  under  the rules and regulations of the State
12        Board of Education.

13    (G)  Equalized Assessed Valuation Data.
14        (1)  For purposes of the calculation of  Available  Local
15    Resources  required  pursuant  to  subsection  (D), the State
16    Board of  Education  shall  secure  from  the  Department  of
17    Revenue  the value as equalized or assessed by the Department
18    of Revenue of all taxable property of every  school  district
19    together with the applicable tax rate used in extending taxes
20    for  the  funds  of  the  district  as of September 30 of the
21    previous year.
22        This equalized assessed valuation, as adjusted further by
23    the requirements of this subsection, shall be utilized in the
24    calculation of Available Local Resources.
25        (2)  The equalized assessed valuation  in  paragraph  (1)
26    shall be adjusted, as applicable, in the following manner:
27             (a)  For the purposes of calculating State aid under
28        this  Section,  with  respect  to  any  part  of a school
29        district within a redevelopment project area  in  respect
30        to   which  a  municipality  has  adopted  tax  increment
31        allocation  financing  pursuant  to  the  Tax   Increment
32        Allocation  Redevelopment Act, Sections 11-74.4-1 through
33        11-74.4-11  of  the  Illinois  Municipal  Code   or   the
34        Industrial  Jobs Recovery Law, Sections 11-74.6-1 through
 
                            -11-               LRB9101851NTsb
 1        11-74.6-50 of the Illinois Municipal Code, no part of the
 2        current equalized assessed  valuation  of  real  property
 3        located in any such project area which is attributable to
 4        an  increase  above  the total initial equalized assessed
 5        valuation of such property shall be used as part  of  the
 6        equalized  assessed valuation of the district, until such
 7        time as all redevelopment project costs have  been  paid,
 8        as  provided  in  Section  11-74.4-8 of the Tax Increment
 9        Allocation Redevelopment Act or in Section 11-74.6-35  of
10        the Industrial Jobs Recovery Law.  For the purpose of the
11        equalized  assessed  valuation of the district, the total
12        initial  equalized  assessed  valuation  or  the  current
13        equalized assessed valuation, whichever is  lower,  shall
14        be  used  until  such  time  as all redevelopment project
15        costs have been paid.
16             (b)  The real property equalized assessed  valuation
17        for  a  school  district shall be adjusted by subtracting
18        from the real property value as equalized or assessed  by
19        the  Department  of  Revenue  for  the district an amount
20        computed by dividing the amount of any abatement of taxes
21        under Section 18-170 of the Property Tax  Code  by  3.00%
22        for a district maintaining grades kindergarten through 12
23        ,   or   by  2.30%  for  a  district  maintaining  grades
24        kindergarten through  8,  or  by  1.20%  for  a  district
25        maintaining grades 9 through 12 and adjusted by an amount
26        computed by dividing the amount of any abatement of taxes
27        under  subsection  (a)  of Section 18-165 of the Property
28        Tax Code by the same percentage rates for  district  type
29        as specified in this subparagraph (b) (c).
30             (c)  For  the  2000-2001 school year and each school
31        year thereafter, the  real  property  equalized  assessed
32        valuation  for  a  school  district  shall be adjusted as
33        follows:
34                  (i)  If more than 50% but less than 60% of  the
 
                            -12-               LRB9101851NTsb
 1             real  property  equalized assessed valuation for the
 2             school district is from residential  property,  then
 3             the real property equalized assessed valuation shall
 4             be  adjusted  by  subtracting from the real property
 5             value as equalized or assessed by the Department  of
 6             Revenue  for the district an amount representing 10%
 7             of the  residential  property  amount  of  the  real
 8             property equalized assessed valuation.
 9                  (ii)  If  60%  or more but less than 70% of the
10             real property equalized assessed valuation  for  the
11             school  district  is from residential property, then
12             the real property equalized assessed valuation shall
13             be adjusted by subtracting from  the  real  property
14             value  as equalized or assessed by the Department of
15             Revenue for the district an amount representing  20%
16             of  the  residential  property  amount  of  the real
17             property equalized assessed valuation.
18                  (iii)  If 70% or more but less than 80% of  the
19             real  property  equalized assessed valuation for the
20             school district is from residential  property,  then
21             the real property equalized assessed valuation shall
22             be  adjusted  by  subtracting from the real property
23             value as equalized or assessed by the Department  of
24             Revenue  for the district an amount representing 30%
25             of the  residential  property  amount  of  the  real
26             property equalized assessed valuation.
27                  (iv)  If  80%  or  more  of  the  real property
28             equalized assessed valuation for the school district
29             is from residential property, then the real property
30             equalized assessed valuation shall  be  adjusted  by
31             subtracting   from   the   real  property  value  as
32             equalized or assessed by the Department  of  Revenue
33             for  the  district an amount representing 40% of the
34             residential property amount  of  the  real  property
 
                            -13-               LRB9101851NTsb
 1             equalized assessed valuation.

 2    (H)  Supplemental General State Aid.
 3        (1)  In  addition  to  the  general  State  aid  a school
 4    district is allotted pursuant to subsection  (E),  qualifying
 5    school  districts  shall receive a grant, paid in conjunction
 6    with  a  district's  payments  of  general  State  aid,   for
 7    supplemental  general  State aid based upon the concentration
 8    level of  children  from  low-income  households  within  the
 9    school  district.  Supplemental State aid grants provided for
10    school districts under this subsection shall be  appropriated
11    for distribution to school districts as part of the same line
12    item  in  which  the  general  State  financial aid of school
13    districts is appropriated under this Section. For purposes of
14    this subsection, the term  "Low-Income  Concentration  Level"
15    shall  be  the  low-income eligible pupil count from the most
16    recently available federal  census  divided  by  the  Average
17    Daily Attendance of the school district.
18        (2)  Supplemental  general  State  aid  pursuant  to this
19    subsection shall be provided as follows:
20             (a)  For any  school  district  with  a  Low  Income
21        Concentration  Level  of  at least 20% and less than 35%,
22        the grant for any school year shall be $800 multiplied by
23        the low income eligible pupil count.
24             (b)  For any  school  district  with  a  Low  Income
25        Concentration  Level  of  at least 35% and less than 50%,
26        the grant for the 1998-1999 school year shall  be  $1,100
27        multiplied by the low income eligible pupil count.
28             (c)  For  any  school  district  with  a  Low Income
29        Concentration Level of at least 50% and  less  than  60%,
30        the  grant  for  the  1998-99 school year shall be $1,500
31        multiplied by the low income eligible pupil count.
32             (d)  For any  school  district  with  a  Low  Income
33        Concentration  Level  of  60%  or more, the grant for the
34        1998-99 school year shall be $1,900 multiplied by the low
 
                            -14-               LRB9101851NTsb
 1        income eligible pupil count.
 2             (e)  For the 1999-2000 school year,  the  per  pupil
 3        amount  specified  in  subparagraphs  (b),  (c), and (d),
 4        immediately above shall be increased by $100  to  $1,200,
 5        $1,600, and $2,000, respectively.
 6             (f)  For  the  2000-2001  school year, the per pupil
 7        amounts specified  in  subparagraphs  (b),  (c)  and  (d)
 8        immediately  above  shall be increased to $1,230, $1,640,
 9        and $2,050, respectively.
10        (3)  School districts with an Average Daily Attendance of
11    more than  1,000  and  less  than  50,000  that  qualify  for
12    supplemental  general  State  aid pursuant to this subsection
13    shall submit a plan to the State Board of Education prior  to
14    October  30  of  each year for the use of the funds resulting
15    from this grant of supplemental general  State  aid  for  the
16    improvement  of  instruction  in  which  priority is given to
17    meeting the education needs of disadvantaged children.   Such
18    plan   shall  be  submitted  in  accordance  with  rules  and
19    regulations promulgated by the State Board of Education.
20        (4)  School districts with an Average Daily Attendance of
21    50,000 or more that qualify for  supplemental  general  State
22    aid   pursuant  to  this  subsection  shall  be  required  to
23    distribute from funds available pursuant to this Section,  no
24    less  than  $261,000,000  in  accordance  with  the following
25    requirements:
26             (a)  The required amounts shall  be  distributed  to
27        the  attendance centers within the district in proportion
28        to the number  of  pupils  enrolled  at  each  attendance
29        center  who are eligible to receive free or reduced-price
30        lunches or breakfasts under the federal  Child  Nutrition
31        Act  of  1966  and  under  the  National School Lunch Act
32        during the immediately preceding school year.
33             (b)  The   distribution   of   these   portions   of
34        supplemental  and  general  State  aid  among  attendance
 
                            -15-               LRB9101851NTsb
 1        centers according to  these  requirements  shall  not  be
 2        compensated  for  or  contravened  by  adjustments of the
 3        total of  other  funds  appropriated  to  any  attendance
 4        centers, and the Board of Education shall utilize funding
 5        from  one  or several sources in order to fully implement
 6        this provision annually prior to the opening of school.
 7             (c)  Each attendance center shall be provided by the
 8        school district a distribution  of  noncategorical  funds
 9        and other categorical funds to which an attendance center
10        is entitled under law in order that the general State aid
11        and   supplemental   general   State   aid   provided  by
12        application of this subsection  supplements  rather  than
13        supplants  the noncategorical funds and other categorical
14        funds provided by the school district to  the  attendance
15        centers.
16             (d)  Any  funds made available under this subsection
17        that by reason of the provisions of this  subsection  are
18        not  required  to be allocated and provided to attendance
19        centers may be used and appropriated by the board of  the
20        district for any lawful school purpose.
21             (e)  Funds received by an attendance center pursuant
22        to this subsection shall be used by the attendance center
23        at  the  discretion  of  the  principal  and local school
24        council for programs to improve educational opportunities
25        at qualifying schools through the following programs  and
26        services:  early  childhood education, reduced class size
27        or improved adult to student classroom ratio,  enrichment
28        programs,  remedial  assistance,  attendance improvement,
29        and other  educationally  beneficial  expenditures  which
30        supplement  the  regular and basic programs as determined
31        by the State Board of Education.   Funds  provided  shall
32        not be expended for any political or lobbying purposes as
33        defined by board rule.
34             (f)  Each district subject to the provisions of this
 
                            -16-               LRB9101851NTsb
 1        subdivision  (H)(4)  shall  submit  an acceptable plan to
 2        meet the educational needs of disadvantaged children,  in
 3        compliance  with  the  requirements of this paragraph, to
 4        the State Board of Education prior to  July  15  of  each
 5        year. This plan shall be consistent with the decisions of
 6        local  school  councils concerning the school expenditure
 7        plans developed in accordance  with  part  4  of  Section
 8        34-2.3.  The State Board shall approve or reject the plan
 9        within  60  days  after  its  submission.  If the plan is
10        rejected, the  district  shall  give  written  notice  of
11        intent   to  modify  the  plan  within  15  days  of  the
12        notification of rejection and then submit a modified plan
13        within 30 days after the date of the  written  notice  of
14        intent  to  modify.    Districts may amend approved plans
15        pursuant to rules  promulgated  by  the  State  Board  of
16        Education.
17             Upon  notification  by  the State Board of Education
18        that the district has not submitted a plan prior to  July
19        15  or  a  modified plan within the time period specified
20        herein, the State aid funds  affected  by  that  plan  or
21        modified  plan  shall  be  withheld by the State Board of
22        Education until a plan or modified plan is submitted.
23             If the district fails to  distribute  State  aid  to
24        attendance  centers  in accordance with an approved plan,
25        the plan for the following year shall allocate funds,  in
26        addition   to   the  funds  otherwise  required  by  this
27        subsection,  to  those  attendance  centers  which   were
28        underfunded  during the previous year in amounts equal to
29        such underfunding.
30             For purposes of  determining  compliance  with  this
31        subsection  in relation to the requirements of attendance
32        center funding, each district subject to  the  provisions
33        of this subsection shall submit as a separate document by
34        December  1 of each year a report of expenditure data for
 
                            -17-               LRB9101851NTsb
 1        the prior year in addition to  any  modification  of  its
 2        current  plan.  If it is determined that there has been a
 3        failure to comply with the expenditure provisions of this
 4        subsection regarding contravention  or  supplanting,  the
 5        State  Superintendent  of Education shall, within 60 days
 6        of receipt of the report, notify  the  district  and  any
 7        affected local school council.  The district shall within
 8        45  days of receipt of that notification inform the State
 9        Superintendent of Education of the remedial or corrective
10        action to be taken, whether  by amendment of the  current
11        plan,  if  feasible, or by adjustment in the plan for the
12        following  year.   Failure  to  provide  the  expenditure
13        report or the  notification  of  remedial  or  corrective
14        action  in  a timely manner shall result in a withholding
15        of the affected funds.
16             The State Board of Education shall promulgate  rules
17        and  regulations  to  implement  the  provisions  of this
18        subsection.   No  funds  shall  be  released  under  this
19        subdivision (H)(4) to any district that has not submitted
20        a plan that has been  approved  by  the  State  Board  of
21        Education.

22    (I)  General State Aid for Newly Configured School Districts.
23        (1)  For  a  new  school  district  formed  by  combining
24    property   included  totally  within  2  or  more  previously
25    existing school districts, for its first  year  of  existence
26    the  general  State  aid  and  supplemental general State aid
27    calculated under this Section shall be computed for  the  new
28    district  and for the previously existing districts for which
29    property is totally included within the new district.  If the
30    computation on the basis of the previously existing districts
31    is greater, a supplementary payment equal to  the  difference
32    shall  be  made for the first 4 years of existence of the new
33    district.
34        (2)  For a school  district  which  annexes  all  of  the
 
                            -18-               LRB9101851NTsb
 1    territory  of  one or more entire other school districts, for
 2    the  first  year  during  which  the  change  of   boundaries
 3    attributable  to  such  annexation  becomes effective for all
 4    purposes as determined under Section 7-9 or 7A-8, the general
 5    State aid and supplemental general State aid calculated under
 6    this Section shall be computed for the annexing  district  as
 7    constituted  after  the  annexation  and for the annexing and
 8    each annexed district as constituted prior to the annexation;
 9    and if the computation on  the  basis  of  the  annexing  and
10    annexed  districts  as constituted prior to the annexation is
11    greater, a supplementary  payment  equal  to  the  difference
12    shall  be  made  for  the  first  4 years of existence of the
13    annexing school district as constituted upon such annexation.
14        (3)  For 2 or more school districts which  annex  all  of
15    the  territory  of one or more entire other school districts,
16    and for 2 or more community unit districts which result  upon
17    the  division  (pursuant  to petition under Section 11A-2) of
18    one or more other unit school districts into 2 or more  parts
19    and  which  together include all of the parts into which such
20    other unit school district or districts are so  divided,  for
21    the   first  year  during  which  the  change  of  boundaries
22    attributable to such annexation or division becomes effective
23    for all purposes as determined under Section 7-9  or  11A-10,
24    as  the  case  may be, the general State aid and supplemental
25    general State aid calculated  under  this  Section  shall  be
26    computed   for   each   annexing  or  resulting  district  as
27    constituted after the annexation or  division  and  for  each
28    annexing  and  annexed  district,  or  for each resulting and
29    divided district, as constituted prior to the  annexation  or
30    division;  and  if the aggregate of the general State aid and
31    supplemental  general  State  aid  as  so  computed  for  the
32    annexing or resulting  districts  as  constituted  after  the
33    annexation  or  division  is  less  than the aggregate of the
34    general State aid and supplemental general State  aid  as  so
 
                            -19-               LRB9101851NTsb
 1    computed  for  the annexing and annexed districts, or for the
 2    resulting and divided districts, as constituted prior to  the
 3    annexation or division, then a supplementary payment equal to
 4    the  difference  shall be made and allocated between or among
 5    the annexing or resulting districts, as constituted upon such
 6    annexation or division,  for  the  first  4  years  of  their
 7    existence.   The  total difference payment shall be allocated
 8    between or among the annexing or resulting districts  in  the
 9    same  ratio  as the pupil enrollment from that portion of the
10    annexed or divided district or districts which is annexed  to
11    or included in each such annexing or resulting district bears
12    to  the  total  pupil  enrollment  from the entire annexed or
13    divided district or districts, as such  pupil  enrollment  is
14    determined  for the school year last ending prior to the date
15    when the change of boundaries attributable to the  annexation
16    or  division  becomes effective for all purposes.  The amount
17    of the total difference payment and the amount thereof to  be
18    allocated  to  the  annexing  or resulting districts shall be
19    computed by the State Board of  Education  on  the  basis  of
20    pupil  enrollment  and other data which shall be certified to
21    the State Board of Education, on forms which it shall provide
22    for that purpose, by the regional superintendent  of  schools
23    for each educational service region in which the annexing and
24    annexed  districts,  or  resulting  and divided districts are
25    located.
26        (3.5)  Claims  for  financial   assistance   under   this
27    subsection  (I)  shall  not be recomputed except as expressly
28    provided under this Section.
29        (4)  Any supplementary payment made under this subsection
30    (I) shall be treated as separate from all other payments made
31    pursuant to this Section.

32    (J)  Supplementary Grants in Aid.
33        (1)  Notwithstanding  any  other   provisions   of   this
34    Section,  the  amount  of  the aggregate general State aid in
 
                            -20-               LRB9101851NTsb
 1    combination with supplemental general State  aid  under  this
 2    Section  for  which each school district is eligible shall be
 3    no less than the amount of the aggregate  general  State  aid
 4    entitlement  that  was received by the district under Section
 5    18-8 (exclusive of amounts received  under  subsections  5(p)
 6    and  5(p-5)  of  that  Section)  for the 1997-98 school year,
 7    pursuant to the provisions of that Section as it was then  in
 8    effect.   If   a  school  district  qualifies  to  receive  a
 9    supplementary payment made under  this  subsection  (J),  the
10    amount of the aggregate general State aid in combination with
11    supplemental general State aid under this Section  which that
12    district is eligible to receive for each school year shall be
13    no  less  than  the amount of the aggregate general State aid
14    entitlement that was received by the district  under  Section
15    18-8  (exclusive  of  amounts received under subsections 5(p)
16    and 5(p-5) of that Section) for the  1997-1998  school  year,
17    pursuant  to the provisions of that Section as it was then in
18    effect.
19        (2)  If, as provided in paragraph (1) of this  subsection
20    (J),  a school district is to receive aggregate general State
21    aid in combination with supplemental general State aid  under
22    this  Section  for the 1998-99 school year and any subsequent
23    school year that in any such school year  is  less  than  the
24    amount  of  the  aggregate general State aid entitlement that
25    the district received for the 1997-98 school year, the school
26    district shall also receive, from  a  separate  appropriation
27    made  for  purposes  of  this subsection (J), a supplementary
28    payment that is equal to the amount of the difference in  the
29    aggregate State aid figures as described in paragraph (1).
30        (3)  (Blank).

31    (K)  Grants to Laboratory and Alternative Schools.
32        In  calculating  the  amount  to be paid to the governing
33    board of a  public  university  that  operates  a  laboratory
34    school  under  this Section or to any alternative school that
 
                            -21-               LRB9101851NTsb
 1    is operated by a  regional  superintendent  of  schools,  the
 2    State Board of Education shall require by rule such reporting
 3    requirements as it deems necessary.
 4        As  used  in  this  Section,  "laboratory school" means a
 5    public school which is  created  and  operated  by  a  public
 6    university and approved by the State Board of Education.  The
 7    governing  board  of a public university which receives funds
 8    from the State  Board  under  this  subsection  (K)  may  not
 9    increase  the  number  of students enrolled in its laboratory
10    school from a single district, if that  district  is  already
11    sending  50 or more students, except under a mutual agreement
12    between the school board of a student's district of residence
13    and the university which operates the laboratory  school.   A
14    laboratory  school  may  not  have  more than 1,000 students,
15    excluding students with disabilities in a  special  education
16    program.
17        As  used  in  this  Section, "alternative school" means a
18    public school which is created and  operated  by  a  Regional
19    Superintendent  of Schools and approved by the State Board of
20    Education. Such alternative  schools  may  offer  courses  of
21    instruction  for  which  credit  is  given  in regular school
22    programs, courses to prepare students  for  the  high  school
23    equivalency  testing  program  or vocational and occupational
24    training.  A regional superintendent of schools may  contract
25    with a school district or a public community college district
26    to  operate  an  alternative  school.   An alternative school
27    serving more than  one  educational  service  region  may  be
28    established  by  the  regional  superintendents of schools of
29    those  the  affected  educational  service   regions.      An
30    alternative  school serving more than one educational service
31    region may be operated  under  such  terms  as  the  regional
32    superintendents  of  schools  of  those  educational  service
33    regions may agree.
34        Each  laboratory  and  alternative  school shall file, on
 
                            -22-               LRB9101851NTsb
 1    forms provided by the State Superintendent of  Education,  an
 2    annual  State  aid  claim  which  states  the  Average  Daily
 3    Attendance  of  the  school's  students by month.  The best 3
 4    months' Average Daily Attendance shall be computed  for  each
 5    school.  The  general State aid entitlement shall be computed
 6    by multiplying the applicable Average Daily Attendance by the
 7    Foundation Level as determined under this Section.

 8    (L)  Payments,   Additional   Grants   in   Aid   and   Other
 9    Requirements.
10        (1)  For a school district operating under the  financial
11    supervision  of  an  Authority created under Article 34A, the
12    general State aid otherwise payable to  that  district  under
13    this  Section,  but  not  the supplemental general State aid,
14    shall be reduced by an amount equal to  the  budget  for  the
15    operations  of the Authority as certified by the Authority to
16    the State Board of Education, and an  amount  equal  to  such
17    reduction  shall  be  paid  to the Authority created for such
18    district for its operating expenses in the manner provided in
19    Section 18-11.  The remainder of general State school aid for
20    any such district shall be paid in  accordance  with  Article
21    34A  when  that Article provides for a disposition other than
22    that provided by this Article.
23        (2)  Impaction.  Impaction  payments  shall  be  made  as
24    provided for in Section 18-4.2.
25        (3)  Summer school.  Summer school payments shall be made
26    as provided in Section 18-4.3.

27    (M)  Education Funding Advisory Board.
28        The Education Funding Advisory Board, hereinafter in this
29    subsection (M) referred to as the "Board", is hereby created.
30    The Board shall consist of 5 members who are appointed by the
31    Governor,  by  and with the advice and consent of the Senate.
32    The  members  appointed  shall  include  representatives   of
33    education,  business,  and  the  general  public.  One of the
 
                            -23-               LRB9101851NTsb
 1    members so appointed shall be designated by the  Governor  at
 2    the  time  the  appointment is made as the chairperson of the
 3    Board. The initial members of the Board may be appointed  any
 4    time after the effective date of this amendatory Act of 1997.
 5    The  regular  term of each member of the Board shall be for 4
 6    years from the third Monday of January of the year  in  which
 7    the  term  of the member's appointment is to commence, except
 8    that of the 5 initial  members  appointed  to  serve  on  the
 9    Board,  the  member who is appointed as the chairperson shall
10    serve for a term that commences on the date  of  his  or  her
11    appointment and expires on the third Monday of January, 2002,
12    and  the  remaining  4  members,  by  lots drawn at the first
13    meeting of the Board that is held after  all  5  members  are
14    appointed,  shall  determine  2  of their number to serve for
15    terms  that  commence  on  the  date  of   their   respective
16    appointments and expire on the third Monday of January, 2001,
17    and 2 of their number to serve for terms that commence on the
18    date of their respective appointments and expire on the third
19    Monday  of  January, 2000.  All members appointed to serve on
20    the Board shall serve until their respective  successors  are
21    appointed  and  confirmed.   Vacancies shall be filled in the
22    same manner  as  original  appointments.   If  a  vacancy  in
23    membership  occurs  at  a  time  when  the  Senate  is not in
24    session, the Governor  shall  make  a  temporary  appointment
25    until  the  next  meeting of the Senate, when he or she shall
26    appoint, by and with the advice and consent of the Senate,  a
27    person  to  fill  that membership for the unexpired term.  If
28    the Senate is not in session when  the  initial  appointments
29    are  made, those appointments shall be made as in the case of
30    vacancies.
31        The Education Funding  Advisory  Board  shall  be  deemed
32    established,   and  the  initial  members  appointed  by  the
33    Governor to serve as members of the Board shall take  office,
34    on the date that the Governor makes his or her appointment of
 
                            -24-               LRB9101851NTsb
 1    the  fifth initial member of the Board, whether those initial
 2    members  are  then  serving  pursuant  to   appointment   and
 3    confirmation  or  pursuant to temporary appointments that are
 4    made by the Governor as in the case of vacancies.
 5        The State Board of Education  shall  provide  such  staff
 6    assistance  to  the  Education  Funding  Advisory Board as is
 7    reasonably required for the proper performance by  the  Board
 8    of its responsibilities.
 9        For  school  years  after  the 2000-2001 school year, the
10    Education Funding Advisory Board, in  consultation  with  the
11    State  Board  of  Education,  shall  make  recommendations as
12    provided in this subsection (M) to the General  Assembly  for
13    the foundation level under subdivision (B)(3) of this Section
14    and  for the supplemental general State aid grant level under
15    subsection (H)  of  this  Section  for  districts  with  high
16    concentrations  of  children  from  poverty.  The recommended
17    foundation level shall be determined based on  a  methodology
18    which   incorporates  the  basic  education  expenditures  of
19    low-spending schools exhibiting  high  academic  performance.
20    The   Education   Funding  Advisory  Board  shall  make  such
21    recommendations to the General Assembly on January 1  of  odd
22    numbered years, beginning January 1, 2001.

23    (N)  General State Aid Adjustment Grant.
24        (1)  Any   school   district   subject  to  property  tax
25    extension limitations as imposed under the provisions of  the
26    Property  Tax  Extension  Limitation Law shall be entitled to
27    receive, subject to the qualifications  and  requirements  of
28    this  subsection,  a  general  State  aid  adjustment  grant.
29    Eligibility  for  this grant shall be determined on an annual
30    basis and claims for grant payments shall be paid subject  to
31    appropriations   made   specific  to  this  subsection.   For
32    purposes of this subsection the following  terms  shall  have
33    the following meanings:
34        "Budget  Year":   The school year for which general State
 
                            -25-               LRB9101851NTsb
 1    aid is calculated and awarded under subsection (E).
 2        "Current Year":  The school  year  immediately  preceding
 3    the Budget Year.
 4        "Base  Tax  Year":   The  property  tax levy year used to
 5    calculate the Budget Year allocation of general State aid.
 6        "Preceding  Tax  Year":   The  property  tax  levy   year
 7    immediately preceding the Base Tax Year.
 8        "Extension   Limitation   Ratio":   A   numerical  ratio,
 9    certified by a school district's County Clerk, in  which  the
10    numerator  is  the  Base  Tax  Year's  tax  extension  amount
11    resulting  from  the Limiting Rate and the denominator is the
12    Preceding Tax Year's tax extension amount resulting from  the
13    Limiting Rate.
14        "Limiting  Rate":   The  limiting  rate as defined in the
15    Property Tax Extension Limitation Law.
16        "Preliminary Tax Rate": The tax  rate  for  all  purposes
17    except  bond and interest that would have been used to extend
18    those  taxes  absent  the  provisions  of  the  Property  Tax
19    Extension Limitation Law.
20        (2)  To qualify for a general State aid adjustment grant,
21    a school district must meet all of the following  eligibility
22    criteria for each Budget Year for which a grant is claimed:
23             (a)  (Blank).
24             (b)  The Preliminary Tax Rate of the school district
25        for  the  Base  Tax  Year was reduced by the Clerk of the
26        County as a result of the requirements  of  the  Property
27        Tax Extension Limitation Law.
28             (c)  The  Available Local Resources per pupil of the
29        school district as calculated pursuant to subsection  (D)
30        using the Base Tax Year are less than the product of 1.75
31        times the Foundation Level for the Budget Year.
32             (d)  The  school  district  has  filed  a proper and
33        timely claim for a general State aid adjustment grant  as
34        required under this subsection.
 
                            -26-               LRB9101851NTsb
 1        (3)  A  claim  for grant assistance under this subsection
 2    shall be filed with the State Board of Education on or before
 3    April 1 of the Current Year for a grant for the Budget  Year.
 4    The  claim  shall  be  made  on forms prescribed by the State
 5    Board of Education and  must  be  accompanied  by  a  written
 6    statement from the Clerk of the County, certifying:
 7             (a)  That  the  school  district had its Preliminary
 8        Tax Rate for the Base Tax Year reduced as a result of the
 9        Property Tax Extension Limitation Law.
10             (b)  (Blank).
11             (c)  The Extension Limitation Ratio as that term  is
12        defined in this subsection.
13        (4)  On  or  before August 1 of the Budget Year the State
14    Board of Education shall calculate, for all school  districts
15    meeting the other requirements of this subsection, the amount
16    of  the  general State aid adjustment grant, if any, that the
17    school districts are eligible to receive in the Budget  Year.
18    The amount of the general State aid adjustment grant shall be
19    calculated as follows:
20             (a)  Determine  the  school district's general State
21        aid grant for the Budget Year as provided  in  accordance
22        with the provisions of subsection (E).
23             (b)  Determine  the school district's adjusted level
24        of general State aid by utilizing in the  calculation  of
25        Available   Local   Resources   the   equalized  assessed
26        valuation that was used to calculate  the  general  State
27        aid  for  the  preceding  fiscal  year  multiplied by the
28        Extension Limitation Ratio.
29             (c)  Subtract the sum derived  in  subparagraph  (a)
30        from  the sum derived in subparagraph (b).  If the result
31        is a positive number, that amount shall  be  the  general
32        State  aid adjustment grant that the district is eligible
33        to receive.
34        (5)  The State Board of Education shall  in  the  Current
 
                            -27-               LRB9101851NTsb
 1    Year,  based upon claims filed in the Current Year, recommend
 2    to the General  Assembly  an  appropriation  amount  for  the
 3    general  State aid adjustment grants to be made in the Budget
 4    Year.
 5        (6)  Claims for general State aid adjustment grants shall
 6    be paid in a lump sum on or before January 1  of  the  Budget
 7    Year  only  from  appropriations made by the General Assembly
 8    expressly for claims under this subsection.  No  such  claims
 9    may  be  paid from amounts appropriated for any other purpose
10    provided for under this  Section.   In  the  event  that  the
11    appropriation   for   claims   under   this   subsection   is
12    insufficient  to  meet  all  Budget Year claims for a general
13    State aid adjustment grant, the appropriation available shall
14    be proportionately prorated by the State Board  of  Education
15    amongst all districts filing for and entitled to payments.
16        (7)  The  State  Board  of Education shall promulgate the
17    required claim forms and rules  necessary  to  implement  the
18    provisions of this subsection.

19    (O)  References.
20        (1)  References in other laws to the various subdivisions
21    of Section 18-8 as that Section existed before its repeal and
22    replacement  by this Section 18-8.05 shall be deemed to refer
23    to the corresponding provisions of this Section  18-8.05,  to
24    the extent that those references remain applicable.
25        (2)  References  in  other  laws to State Chapter 1 funds
26    shall be deemed to refer to the  supplemental  general  State
27    aid provided under subsection (H) of this Section.
28    (Source:  P.A.  90-548,  eff.  7-1-98;  incorporates  90-566;
29    90-653,  eff.  7-29-98;  90-654,  eff.  7-29-98; 90-655, eff.
30    7-30-98; 90-802, eff. 12-15-98; revised 12-24-98.)

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