State of Illinois
92nd General Assembly
Legislation

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92_HB0449eng

 
HB0449 Engrossed                               LRB9203794NTsb

 1        AN ACT with regard to schools.

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

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

 6        (105 ILCS 5/18-8.05)
 7        Sec.  18-8.05.  Basis  for apportionment of general State
 8    financial aid and  supplemental  general  State  aid  to  the
 9    common schools for the 1998-1999 and subsequent school years.

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

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

17    (C)  Average Daily Attendance.
18        (1)  For  purposes  of  calculating  general  State   aid
19    pursuant  to  subsection  (E),  an  Average  Daily Attendance
20    figure shall  be  utilized.   The  Average  Daily  Attendance
21    figure  for formula calculation purposes shall be the monthly
22    average of the actual number of pupils in attendance of  each
23    school district, as further averaged for the best 3 months of
24    pupil  attendance for each school district.  In compiling the
25    figures for  the  number  of  pupils  in  attendance,  school
26    districts  and  the  State  Board  of  Education  shall,  for
27    purposes  of  general  State  aid funding, conform attendance
28    figures to the requirements of subsection (F).
29        (2)  The Average Daily  Attendance  figures  utilized  in
30    subsection (E) shall be the requisite attendance data for the
31    school  year  immediately preceding the school year for which
32    general State aid is being calculated.

33    (D)  Available Local Resources.
 
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 1        (1)  For  purposes  of  calculating  general  State   aid
 2    pursuant  to  subsection  (E),  a representation of Available
 3    Local Resources per  pupil,  as  that  term  is  defined  and
 4    determined  in this subsection, shall be utilized.  Available
 5    Local Resources per pupil shall include a  calculated  dollar
 6    amount representing local school district revenues from local
 7    property   taxes   and   from   Corporate  Personal  Property
 8    Replacement Taxes,  expressed  on  the  basis  of  pupils  in
 9    Average Daily Attendance.
10        (2)  In  determining  a  school  district's  revenue from
11    local property taxes, the  State  Board  of  Education  shall
12    utilize  the  equalized  assessed  valuation  of  all taxable
13    property of each school district as of September  30  of  the
14    previous  year.   The  equalized  assessed valuation utilized
15    shall be obtained and determined as  provided  in  subsection
16    (G).
17        (3)  For school districts maintaining grades kindergarten
18    through  12,  local  property tax revenues per pupil shall be
19    calculated  as  the  product  of  the  applicable   equalized
20    assessed  valuation  for  the  district  multiplied  by 2.95%
21    3.00%, and divided by the district's Average Daily Attendance
22    figure.  For school districts maintaining grades kindergarten
23    through 8, local property tax revenues  per  pupil  shall  be
24    calculated   as  the  product  of  the  applicable  equalized
25    assessed valuation  for  the  district  multiplied  by  2.25%
26    2.30%, and divided by the district's Average Daily Attendance
27    figure.   For  school  districts maintaining grades 9 through
28    12, local property  tax  revenues  per  pupil  shall  be  the
29    applicable  equalized  assessed  valuation  of  the  district
30    multiplied  by  1.05%,  and divided by the district's Average
31    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,
 
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 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.
 
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 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        (5)  The  amount  of  general  State  aid  allocated to a
 8    school district for the 1999-2000  school  year  meeting  the
 9    requirements  set  forth  in  paragraph (4) of subsection (G)
10    shall be increased by an amount equal to  the  general  State
11    aid  that  would  have  been received by the district for the
12    1998-1999 school year by utilizing the  Extension  Limitation
13    Equalized  Assessed  Valuation as calculated in paragraph (4)
14    of subsection (G) less the general State aid allotted for the
15    1998-1999 school year.  This amount shall  be  deemed  a  one
16    time  increase, and shall not affect any future general State
17    aid allocations.

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

24    (G)  Equalized Assessed Valuation Data.
25        (1)  For  purposes  of the calculation of Available Local
26    Resources required pursuant  to  subsection  (D),  the  State
27    Board  of  Education  shall  secure  from  the  Department of
28    Revenue the value as equalized or assessed by the  Department
29    of  Revenue of all taxable property of every school district,
30    together with (i) the applicable tax rate used  in  extending
31    taxes for the funds of the district as of September 30 of the
32    previous  year  and  (ii)  the  limiting  rate for all school
33    districts subject to property tax  extension  limitations  as
34    imposed under the Property Tax Extension Limitation Law.
 
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 1        This equalized assessed valuation, as adjusted further by
 2    the requirements of this subsection, shall be utilized in the
 3    calculation of Available Local Resources.
 4        (2)  The  equalized  assessed  valuation in paragraph (1)
 5    shall be adjusted, as applicable, in the following manner:
 6             (a)  For the purposes of calculating State aid under
 7        this Section, with  respect  to  any  part  of  a  school
 8        district  within  a redevelopment project area in respect
 9        to  which  a  municipality  has  adopted  tax   increment
10        allocation   financing  pursuant  to  the  Tax  Increment
11        Allocation Redevelopment Act, Sections 11-74.4-1  through
12        11-74.4-11   of   the  Illinois  Municipal  Code  or  the
13        Industrial Jobs Recovery Law, Sections 11-74.6-1  through
14        11-74.6-50 of the Illinois Municipal Code, no part of the
15        current  equalized  assessed  valuation  of real property
16        located in any such project area which is attributable to
17        an increase above the total  initial  equalized  assessed
18        valuation  of  such property shall be used as part of the
19        equalized assessed valuation of the district, until  such
20        time  as  all redevelopment project costs have been paid,
21        as provided in Section 11-74.4-8  of  the  Tax  Increment
22        Allocation  Redevelopment Act or in Section 11-74.6-35 of
23        the Industrial Jobs Recovery Law.  For the purpose of the
24        equalized assessed valuation of the district,  the  total
25        initial  equalized  assessed  valuation  or  the  current
26        equalized  assessed  valuation, whichever is lower, shall
27        be used until such  time  as  all  redevelopment  project
28        costs have been paid.
29             (b)  The  real property equalized assessed valuation
30        for a school district shall be  adjusted  by  subtracting
31        from  the real property value as equalized or assessed by
32        the Department of Revenue  for  the  district  an  amount
33        computed by dividing the amount of any abatement of taxes
34        under  Section  18-170  of the Property Tax Code by 2.95%
 
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 1        3.00% for  a  district  maintaining  grades  kindergarten
 2        through  12,  by  2.25%  2.30% for a district maintaining
 3        grades kindergarten through 8, or by 1.05% for a district
 4        maintaining grades 9 through 12 and adjusted by an amount
 5        computed by dividing the amount of any abatement of taxes
 6        under subsection (a) of Section 18-165  of  the  Property
 7        Tax  Code  by the same percentage rates for district type
 8        as specified in this subparagraph (b).
 9        (3)  For the 1999-2000 school year and each  school  year
10    thereafter, if a school district meets all of the criteria of
11    this subsection (G)(3), the school district's Available Local
12    Resources  shall be calculated under subsection (D) using the
13    district's Extension Limitation Equalized Assessed  Valuation
14    as calculated under this subsection (G)(3).
15        For  purposes  of  this  subsection  (G)(3) the following
16    terms shall have the following meanings:
17             "Budget Year":  The school year  for  which  general
18        State aid is calculated and awarded under subsection (E).
19             "Base  Tax Year": The property tax levy year used to
20        calculate the Budget Year  allocation  of  general  State
21        aid.
22             "Preceding  Tax  Year":  The  property tax levy year
23        immediately preceding the Base Tax Year.
24             "Base Tax Year's Tax Extension": The product of  the
25        equalized assessed valuation utilized by the County Clerk
26        in  the  Base Tax Year multiplied by the limiting rate as
27        calculated  by  the  County  Clerk  and  defined  in  the
28        Property Tax Extension Limitation Law.
29             "Preceding Tax Year's Tax Extension": The product of
30        the equalized assessed valuation utilized by  the  County
31        Clerk  in  the  Preceding  Tax  Year  multiplied  by  the
32        Operating Tax Rate as defined in subsection (A).
33             "Extension  Limitation  Ratio":  A  numerical ratio,
34        certified by the County Clerk, in which the numerator  is
 
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 1        the  Base Tax Year's Tax Extension and the denominator is
 2        the Preceding Tax Year's Tax Extension.
 3             "Operating Tax Rate":  The  operating  tax  rate  as
 4        defined in subsection (A).
 5        If a school district is subject to property tax extension
 6    limitations  as  imposed  under  the  Property  Tax Extension
 7    Limitation Law, and if the Available Local Resources of  that
 8    school  district  as  calculated  pursuant  to subsection (D)
 9    using the Base Tax Year are less than  the  product  of  1.75
10    times  the  Foundation  Level  for the Budget Year, the State
11    Board of Education shall calculate the  Extension  Limitation
12    Equalized  Assessed  Valuation  of  that  district.   For the
13    1999-2000 school year,  the  Extension  Limitation  Equalized
14    Assessed  Valuation of a school district as calculated by the
15    State Board of Education shall be equal to the product of the
16    district's  1996  Equalized  Assessed   Valuation   and   the
17    district's  Extension  Limitation  Ratio.   For the 2000-2001
18    school year and each school year  thereafter,  the  Extension
19    Limitation  Equalized Assessed Valuation of a school district
20    as calculated by the State Board of Education shall be  equal
21    to  the  product  of the last calculated Extension Limitation
22    Equalized Assessed Valuation  and  the  district's  Extension
23    Limitation  Ratio.  If  the  Extension  Limitation  Equalized
24    Assessed  Valuation  of a school district as calculated under
25    this subsection (G)(3) is less than the district's  equalized
26    assessed  valuation  as  calculated  pursuant  to subsections
27    (G)(1) and (G)(2),  then  for  purposes  of  calculating  the
28    district's  general State aid for the Budget Year pursuant to
29    subsection (E), that Extension Limitation Equalized  Assessed
30    Valuation  shall  be  utilized  to  calculate  the district's
31    Available Local Resources under subsection (D).
32        (4)  For the purposes of calculating  general  State  aid
33    for  the  1999-2000  school  year  only, if a school district
34    experienced  a  triennial  reassessment  on   the   equalized
 
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 1    assessed  valuation  used  in  calculating  its general State
 2    financial aid apportionment for the  1998-1999  school  year,
 3    the  State  Board  of Education shall calculate the Extension
 4    Limitation Equalized Assessed Valuation that would have  been
 5    used to calculate the district's 1998-1999 general State aid.
 6    This amount shall equal the product of the equalized assessed
 7    valuation  used  to  calculate  general  State  aid  for  the
 8    1997-1998 school year and the district's Extension Limitation
 9    Ratio.    If  the  Extension  Limitation  Equalized  Assessed
10    Valuation of the school district  as  calculated  under  this
11    paragraph  (4) is less than the district's equalized assessed
12    valuation utilized in calculating  the  district's  1998-1999
13    general   State   aid   allocation,   then  for  purposes  of
14    calculating the district's  general  State  aid  pursuant  to
15    paragraph  (5)  of  subsection (E), that Extension Limitation
16    Equalized Assessed Valuation shall be utilized  to  calculate
17    the district's Available Local Resources.
18        (5)  For  school  districts  having  a  majority of their
19    equalized assessed  valuation  in  any  county  except  Cook,
20    DuPage,  Kane,  Lake,  McHenry,  or  Will,  if  the amount of
21    general State aid allocated to the school  district  for  the
22    1999-2000 school year under the provisions of subsection (E),
23    (H),  and  (J)  of  this  Section  is less than the amount of
24    general State aid allocated to the district for the 1998-1999
25    school year under these subsections, then the  general  State
26    aid  of the district for the 1999-2000 school year only shall
27    be increased by the difference between  these  amounts.   The
28    total payments made under this paragraph (5) shall not exceed
29    $14,000,000.    Claims  shall  be  prorated  if  they  exceed
30    $14,000,000.

31    (H)  Supplemental General State Aid.
32        (1)  In addition  to  the  general  State  aid  a  school
33    district  is  allotted pursuant to subsection (E), qualifying
34    school districts shall receive a grant, paid  in  conjunction
 
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 1    with   a  district's  payments  of  general  State  aid,  for
 2    supplemental general State aid based upon  the  concentration
 3    level  of  children  from  low-income  households  within the
 4    school district. Supplemental State aid grants  provided  for
 5    school  districts under this subsection shall be appropriated
 6    for distribution to school districts as part of the same line
 7    item in which the  general  State  financial  aid  of  school
 8    districts is appropriated under this Section. For purposes of
 9    this  subsection,  the  term "Low-Income Concentration Level"
10    shall be the low-income eligible pupil count  from  the  most
11    recently  available  federal  census  divided  by the Average
12    Daily Attendance of the school  district.  If,  however,  the
13    percentage  decrease  from the 2 most recent federal censuses
14    in the low-income eligible  pupil  count  of  a  high  school
15    district  with fewer than 400 students exceeds by 75% or more
16    the percentage change in the total low-income eligible  pupil
17    count   of  contiguous  elementary  school  districts,  whose
18    boundaries are coterminous with the high school district, the
19    high school district's low-income eligible pupil  count  from
20    the  earlier  federal  census shall be the number used as the
21    low-income eligible pupil count for the high school district,
22    for purposes of this subsection (H).
23        (2)  Supplemental general  State  aid  pursuant  to  this
24    subsection shall be provided as follows:
25             (a)  For  any  school  district  with  a  Low Income
26        Concentration Level of at least 20% and  less  than  35%,
27        the grant for any school year shall be $800 multiplied by
28        the low income eligible pupil count.
29             (b)  For  any  school  district  with  a  Low Income
30        Concentration Level of at least 35% and  less  than  50%,
31        the  grant  for the 1998-1999 school year shall be $1,100
32        multiplied by the low income eligible pupil count.
33             (c)  For any  school  district  with  a  Low  Income
34        Concentration  Level  of  at least 50% and less than 60%,
 
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 1        the grant for the 1998-99 school  year  shall  be  $1,500
 2        multiplied by the low income eligible pupil count.
 3             (d)  For  any  school  district  with  a  Low Income
 4        Concentration Level of 60% or more,  the  grant  for  the
 5        1998-99 school year shall be $1,900 multiplied by the low
 6        income eligible pupil count.
 7             (e)  For  the  1999-2000  school year, the per pupil
 8        amount specified  in  subparagraphs  (b),  (c),  and  (d)
 9        immediately  above  shall be increased to $1,243, $1,600,
10        and $2,000, respectively.
11             (f)  For the 2000-2001 school year,  the  per  pupil
12        amounts  specified  in  subparagraphs  (b),  (c), and (d)
13        immediately above shall be $1,273,  $1,640,  and  $2,050,
14        respectively.
15        (3)  School districts with an Average Daily Attendance of
16    more  than  1,000  and  less  than  50,000  that  qualify for
17    supplemental general State aid pursuant  to  this  subsection
18    shall  submit a plan to the State Board of Education prior to
19    October 30 of each year for the use of  the  funds  resulting
20    from  this  grant  of  supplemental general State aid for the
21    improvement of instruction in  which  priority  is  given  to
22    meeting  the education needs of disadvantaged children.  Such
23    plan  shall  be  submitted  in  accordance  with  rules   and
24    regulations promulgated by the State Board of Education.
25        (4)  School districts with an Average Daily Attendance of
26    50,000  or  more  that qualify for supplemental general State
27    aid  pursuant  to  this  subsection  shall  be  required   to
28    distribute  from funds available pursuant to this Section, no
29    less than  $261,000,000  in  accordance  with  the  following
30    requirements:
31             (a)  The  required  amounts  shall be distributed to
32        the attendance centers within the district in  proportion
33        to  the  number  of  pupils  enrolled  at each attendance
34        center who are eligible to receive free or  reduced-price
 
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 1        lunches  or  breakfasts under the federal Child Nutrition
 2        Act of 1966 and  under  the  National  School  Lunch  Act
 3        during the immediately preceding school year.
 4             (b)  The   distribution   of   these   portions   of
 5        supplemental  and  general  State  aid  among  attendance
 6        centers  according  to  these  requirements  shall not be
 7        compensated for or  contravened  by  adjustments  of  the
 8        total  of  other  funds  appropriated  to  any attendance
 9        centers, and the Board of Education shall utilize funding
10        from one or several sources in order to  fully  implement
11        this provision annually prior to the opening of school.
12             (c)  Each attendance center shall be provided by the
13        school  district  a  distribution of noncategorical funds
14        and other categorical funds to which an attendance center
15        is entitled under law in order that the general State aid
16        and  supplemental   general   State   aid   provided   by
17        application  of  this  subsection supplements rather than
18        supplants the noncategorical funds and other  categorical
19        funds  provided  by the school district to the attendance
20        centers.
21             (d)  Any funds made available under this  subsection
22        that  by  reason of the provisions of this subsection are
23        not required to be allocated and provided  to  attendance
24        centers  may be used and appropriated by the board of the
25        district for any lawful school purpose.
26             (e)  Funds received by an attendance center pursuant
27        to this subsection shall be used by the attendance center
28        at the discretion  of  the  principal  and  local  school
29        council for programs to improve educational opportunities
30        at  qualifying schools through the following programs and
31        services: early childhood education, reduced  class  size
32        or  improved adult to student classroom ratio, enrichment
33        programs, remedial  assistance,  attendance  improvement,
34        and  other  educationally  beneficial  expenditures which
 
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 1        supplement the regular and basic programs  as  determined
 2        by  the  State  Board of Education.  Funds provided shall
 3        not be expended for any political or lobbying purposes as
 4        defined by board rule.
 5             (f)  Each district subject to the provisions of this
 6        subdivision (H)(4) shall submit  an  acceptable  plan  to
 7        meet  the educational needs of disadvantaged children, in
 8        compliance with the requirements of  this  paragraph,  to
 9        the  State  Board  of  Education prior to July 15 of each
10        year. This plan shall be consistent with the decisions of
11        local school councils concerning the  school  expenditure
12        plans  developed  in  accordance  with  part 4 of Section
13        34-2.3.  The State Board shall approve or reject the plan
14        within 60 days after its  submission.   If  the  plan  is
15        rejected,  the  district  shall  give  written  notice of
16        intent  to  modify  the  plan  within  15  days  of   the
17        notification of rejection and then submit a modified plan
18        within  30  days  after the date of the written notice of
19        intent to modify.  Districts  may  amend  approved  plans
20        pursuant  to  rules  promulgated  by  the  State Board of
21        Education.
22             Upon notification by the State  Board  of  Education
23        that  the district has not submitted a plan prior to July
24        15 or a modified plan within the  time  period  specified
25        herein,  the  State  aid  funds  affected by that plan or
26        modified plan shall be withheld by  the  State  Board  of
27        Education until a plan or modified plan is submitted.
28             If  the  district  fails  to distribute State aid to
29        attendance centers in accordance with an  approved  plan,
30        the  plan for the following year shall allocate funds, in
31        addition  to  the  funds  otherwise  required   by   this
32        subsection,   to  those  attendance  centers  which  were
33        underfunded during the previous year in amounts equal  to
34        such underfunding.
 
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 1             For  purposes  of  determining  compliance with this
 2        subsection in relation to the requirements of  attendance
 3        center  funding,  each district subject to the provisions
 4        of this subsection shall submit as a separate document by
 5        December 1 of each year a report of expenditure data  for
 6        the  prior  year  in  addition to any modification of its
 7        current plan.  If it is determined that there has been  a
 8        failure to comply with the expenditure provisions of this
 9        subsection  regarding  contravention  or supplanting, the
10        State Superintendent of Education shall, within  60  days
11        of  receipt  of  the  report, notify the district and any
12        affected local school council.  The district shall within
13        45 days of receipt of that notification inform the  State
14        Superintendent of Education of the remedial or corrective
15        action  to be taken, whether  by amendment of the current
16        plan, if feasible, or by adjustment in the plan  for  the
17        following  year.   Failure  to  provide  the  expenditure
18        report  or  the  notification  of  remedial or corrective
19        action in a timely manner shall result in  a  withholding
20        of the affected funds.
21             The  State Board of Education shall promulgate rules
22        and regulations  to  implement  the  provisions  of  this
23        subsection.   No  funds  shall  be  released  under  this
24        subdivision (H)(4) to any district that has not submitted
25        a  plan  that  has  been  approved  by the State Board of
26        Education.

27    (I)  General State Aid for Newly Configured School Districts.
28        (1)  For  a  new  school  district  formed  by  combining
29    property  included  totally  within  2  or  more   previously
30    existing  school  districts,  for its first year of existence
31    the general State aid  and  supplemental  general  State  aid
32    calculated  under  this Section shall be computed for the new
33    district and for the previously existing districts for  which
34    property is totally included within the new district.  If the
 
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 1    computation on the basis of the previously existing districts
 2    is  greater,  a supplementary payment equal to the difference
 3    shall be made for the first 4 years of existence of  the  new
 4    district.
 5        (2)  For  a  school  district  which  annexes  all of the
 6    territory of one or more entire other school  districts,  for
 7    the   first  year  during  which  the  change  of  boundaries
 8    attributable to such annexation  becomes  effective  for  all
 9    purposes as determined under Section 7-9 or 7A-8, the general
10    State aid and supplemental general State aid calculated under
11    this  Section  shall be computed for the annexing district as
12    constituted after the annexation and  for  the  annexing  and
13    each annexed district as constituted prior to the annexation;
14    and  if  the  computation  on  the  basis of the annexing and
15    annexed districts as constituted prior to the  annexation  is
16    greater,  a  supplementary  payment  equal  to the difference
17    shall be made for the first  4  years  of  existence  of  the
18    annexing school district as constituted upon such annexation.
19        (3)  For  2  or  more school districts which annex all of
20    the territory of one or more entire other  school  districts,
21    and  for 2 or more community unit districts which result upon
22    the division (pursuant to petition under  Section  11A-2)  of
23    one  or more other unit school districts into 2 or more parts
24    and which together include all of the parts into  which  such
25    other  unit  school district or districts are so divided, for
26    the  first  year  during  which  the  change  of   boundaries
27    attributable to such annexation or division becomes effective
28    for  all  purposes as determined under Section 7-9 or 11A-10,
29    as the case may be, the general State  aid  and  supplemental
30    general  State  aid  calculated  under  this Section shall be
31    computed  for  each  annexing  or   resulting   district   as
32    constituted  after  the  annexation  or division and for each
33    annexing and annexed district,  or  for  each  resulting  and
34    divided  district,  as constituted prior to the annexation or
 
HB0449 Engrossed            -21-               LRB9203794NTsb
 1    division; and if the aggregate of the general State  aid  and
 2    supplemental  general  State  aid  as  so  computed  for  the
 3    annexing  or  resulting  districts  as  constituted after the
 4    annexation or division is less  than  the  aggregate  of  the
 5    general  State  aid  and supplemental general State aid as so
 6    computed for the annexing and annexed districts, or  for  the
 7    resulting  and divided districts, as constituted prior to the
 8    annexation or division, then a supplementary payment equal to
 9    the difference shall be made and allocated between  or  among
10    the annexing or resulting districts, as constituted upon such
11    annexation  or  division,  for  the  first  4  years of their
12    existence.  The total difference payment shall  be  allocated
13    between  or  among the annexing or resulting districts in the
14    same ratio as the pupil enrollment from that portion  of  the
15    annexed  or divided district or districts which is annexed to
16    or included in each such annexing or resulting district bears
17    to the total pupil enrollment  from  the  entire  annexed  or
18    divided  district  or  districts, as such pupil enrollment is
19    determined for the school year last ending prior to the  date
20    when  the change of boundaries attributable to the annexation
21    or division becomes effective for all purposes.   The  amount
22    of  the total difference payment and the amount thereof to be
23    allocated to the annexing or  resulting  districts  shall  be
24    computed  by  the  State  Board  of Education on the basis of
25    pupil enrollment and other data which shall be  certified  to
26    the State Board of Education, on forms which it shall provide
27    for  that  purpose, by the regional superintendent of schools
28    for each educational service region in which the annexing and
29    annexed districts, or resulting  and  divided  districts  are
30    located.
31        (3.5)  Claims   for   financial   assistance  under  this
32    subsection (I) shall not be recomputed  except  as  expressly
33    provided under this Section.
34        (4)  Any supplementary payment made under this subsection
 
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 1    (I) shall be treated as separate from all other payments made
 2    pursuant to this Section.

 3    (J)  Supplementary Grants in Aid.
 4        (1)  Notwithstanding   any   other   provisions  of  this
 5    Section, the amount of the aggregate  general  State  aid  in
 6    combination  with  supplemental  general State aid under this
 7    Section for which each school district is eligible  shall  be
 8    no  less  than  the amount of the aggregate general State aid
 9    entitlement that was received by the district  under  Section
10    18-8  (exclusive  of  amounts received under subsections 5(p)
11    and 5(p-5) of that Section)  for  the  1997-98  school  year,
12    pursuant  to the provisions of that Section as it was then in
13    effect.  If  a  school  district  qualifies  to   receive   a
14    supplementary  payment  made  under  this subsection (J), the
15    amount of the aggregate general State aid in combination with
16    supplemental general State aid under this Section  which that
17    district is eligible to receive for each school year shall be
18    no less than the amount of the aggregate  general  State  aid
19    entitlement  that  was received by the district under Section
20    18-8 (exclusive of amounts received  under  subsections  5(p)
21    and  5(p-5)  of  that Section) for the 1997-1998 school year,
22    pursuant to the provisions of that Section as it was then  in
23    effect.
24        (2)  If,  as provided in paragraph (1) of this subsection
25    (J), a school district is to receive aggregate general  State
26    aid  in combination with supplemental general State aid under
27    this Section for the 1998-99 school year and  any  subsequent
28    school  year  that  in  any such school year is less than the
29    amount of the aggregate general State  aid  entitlement  that
30    the district received for the 1997-98 school year, the school
31    district  shall  also  receive, from a separate appropriation
32    made for purposes of this  subsection  (J),  a  supplementary
33    payment  that is equal to the amount of the difference in the
34    aggregate State aid figures as described in paragraph (1).
 
HB0449 Engrossed            -23-               LRB9203794NTsb
 1        (3)  (Blank).

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

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

30    (M)  Education Funding Advisory Board.
31        The Education Funding Advisory Board, hereinafter in this
32    subsection (M) referred to as the "Board", is hereby created.
33    The Board shall consist of 5 members who are appointed by the
 
HB0449 Engrossed            -25-               LRB9203794NTsb
 1    Governor,  by  and with the advice and consent of the Senate.
 2    The  members  appointed  shall  include  representatives   of
 3    education,  business,  and  the  general  public.  One of the
 4    members so appointed shall be designated by the  Governor  at
 5    the  time  the  appointment is made as the chairperson of the
 6    Board. The initial members of the Board may be appointed  any
 7    time after the effective date of this amendatory Act of 1997.
 8    The  regular  term of each member of the Board shall be for 4
 9    years from the third Monday of January of the year  in  which
10    the  term  of the member's appointment is to commence, except
11    that of the 5 initial  members  appointed  to  serve  on  the
12    Board,  the  member who is appointed as the chairperson shall
13    serve for a term that commences on the date  of  his  or  her
14    appointment and expires on the third Monday of January, 2002,
15    and  the  remaining  4  members,  by  lots drawn at the first
16    meeting of the Board that is held after  all  5  members  are
17    appointed,  shall  determine  2  of their number to serve for
18    terms  that  commence  on  the  date  of   their   respective
19    appointments and expire on the third Monday of January, 2001,
20    and 2 of their number to serve for terms that commence on the
21    date of their respective appointments and expire on the third
22    Monday  of  January, 2000.  All members appointed to serve on
23    the Board shall serve until their respective  successors  are
24    appointed  and  confirmed.   Vacancies shall be filled in the
25    same manner  as  original  appointments.   If  a  vacancy  in
26    membership  occurs  at  a  time  when  the  Senate  is not in
27    session, the Governor  shall  make  a  temporary  appointment
28    until  the  next  meeting of the Senate, when he or she shall
29    appoint, by and with the advice and consent of the Senate,  a
30    person  to  fill  that membership for the unexpired term.  If
31    the Senate is not in session when  the  initial  appointments
32    are  made, those appointments shall be made as in the case of
33    vacancies.
34        The Education Funding  Advisory  Board  shall  be  deemed
 
HB0449 Engrossed            -26-               LRB9203794NTsb
 1    established,   and  the  initial  members  appointed  by  the
 2    Governor to serve as members of the Board shall take  office,
 3    on the date that the Governor makes his or her appointment of
 4    the  fifth initial member of the Board, whether those initial
 5    members  are  then  serving  pursuant  to   appointment   and
 6    confirmation  or  pursuant to temporary appointments that are
 7    made by the Governor as in the case of vacancies.
 8        The State Board of Education  shall  provide  such  staff
 9    assistance  to  the  Education  Funding  Advisory Board as is
10    reasonably required for the proper performance by  the  Board
11    of its responsibilities.
12        For  school  years  after  the 2000-2001 school year, the
13    Education Funding Advisory Board, in  consultation  with  the
14    State  Board  of  Education,  shall  make  recommendations as
15    provided in this subsection (M) to the General  Assembly  for
16    the foundation level under subdivision (B)(3) of this Section
17    and  for the supplemental general State aid grant level under
18    subsection (H)  of  this  Section  for  districts  with  high
19    concentrations  of  children  from  poverty.  The recommended
20    foundation level shall be determined based on  a  methodology
21    which   incorporates  the  basic  education  expenditures  of
22    low-spending schools exhibiting  high  academic  performance.
23    The   Education   Funding  Advisory  Board  shall  make  such
24    recommendations to the General Assembly on January 1  of  odd
25    numbered years, beginning January 1, 2001.

26    (N)  (Blank).

27    (O)  References.
28        (1)  References in other laws to the various subdivisions
29    of Section 18-8 as that Section existed before its repeal and
30    replacement  by this Section 18-8.05 shall be deemed to refer
31    to the corresponding provisions of this Section  18-8.05,  to
32    the extent that those references remain applicable.
33        (2)  References  in  other  laws to State Chapter 1 funds
 
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 1    shall be deemed to refer to the  supplemental  general  State
 2    aid provided under subsection (H) of this Section.
 3    (Source:  P.A.  90-548,  eff.  7-1-98;  incorporates  90-566;
 4    90-653,  eff.  7-29-98;  90-654,  eff.  7-29-98; 90-655, eff.
 5    7-30-98; 90-802, eff. 12-15-98; 90-815, eff. 2-11-99;  91-24,
 6    eff.  7-1-99; 91-93, eff. 7-9-99; 91-96, eff. 7-9-99; 91-111,
 7    eff. 7-14-99; 91-357, eff.  7-29-99;  91-533,  eff.  8-13-99;
 8    revised 8-27-99.)

 9        Section  99.  Effective  date.   This Act takes effect on
10    July  1, 2001.

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