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92_HB4264 LRB9214153NTpk 1 AN ACT regarding 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 -2- LRB9214153NTpk 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 -3- LRB9214153NTpk 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 -4- LRB9214153NTpk 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 $4,560 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. However, for the 25 purpose of calculating general State aid under subsection (E) 26 only, the Average Daily Attendance figure for pupils in 27 grades 9 through 12 shall be increased by 2% for fiscal year 28 2003, by 4% for fiscal year 2004, by 6% for fiscal year 2005, 29 by 8% for fiscal year 2006, and by 10% for fiscal year 2007 30 and each fiscal year thereafter. In compiling the figures for 31 the number of pupils in attendance, school districts and the 32 State Board of Education shall, for purposes of general State 33 aid funding, conform attendance figures to the requirements 34 of subsection (F). -5- LRB9214153NTpk 1 (2) The Average Daily Attendance figures utilized in 2 subsection (E) shall be the requisite attendance data for the 3 school year immediately preceding the school year for which 4 general State aid is being calculated or the average of the 5 attendance data for the 3 preceding school years, whichever 6 is greater. The Average Daily Attendance figures utilized in 7 subsection (H) shall be the requisite attendance data for the 8 school year immediately preceding the school year for which 9 general State aid is being calculated. 10 (D) Available Local Resources. 11 (1) For purposes of calculating general State aid 12 pursuant to subsection (E), a representation of Available 13 Local Resources per pupil, as that term is defined and 14 determined in this subsection, shall be utilized. Available 15 Local Resources per pupil shall include a calculated dollar 16 amount representing local school district revenues from local 17 property taxes and from Corporate Personal Property 18 Replacement Taxes, expressed on the basis of pupils in 19 Average Daily Attendance. 20 (2) In determining a school district's revenue from 21 local property taxes, the State Board of Education shall 22 utilize the equalized assessed valuation of all taxable 23 property of each school district as of September 30 of the 24 previous year. The equalized assessed valuation utilized 25 shall be obtained and determined as provided in subsection 26 (G). 27 (3) For school districts maintaining grades kindergarten 28 through 12, local property tax revenues per pupil shall be 29 calculated as the product of the applicable equalized 30 assessed valuation for the district multiplied by 3.00%, and 31 divided by the district's Average Daily Attendance figure. 32 For school districts maintaining grades kindergarten through 33 8, local property tax revenues per pupil shall be calculated 34 as the product of the applicable equalized assessed valuation -6- LRB9214153NTpk 1 for the district multiplied by 2.30%, and divided by the 2 district's Average Daily Attendance figure. For school 3 districts maintaining grades 9 through 12, local property tax 4 revenues per pupil shall be the applicable equalized assessed 5 valuation of the district multiplied by 1.05%, and divided by 6 the district's Average Daily Attendance figure. 7 (4) The Corporate Personal Property Replacement Taxes 8 paid to each school district during the calendar year 2 years 9 before the calendar year in which a school year begins, 10 divided by the Average Daily Attendance figure for that 11 district, shall be added to the local property tax revenues 12 per pupil as derived by the application of the immediately 13 preceding paragraph (3). The sum of these per pupil figures 14 for each school district shall constitute Available Local 15 Resources as that term is utilized in subsection (E) in the 16 calculation of general State aid. 17 (E) Computation of General State Aid. 18 (1) For each school year, the amount of general State 19 aid allotted to a school district shall be computed by the 20 State Board of Education as provided in this subsection. 21 (2) For any school district for which Available Local 22 Resources per pupil is less than the product of 0.93 times 23 the Foundation Level, general State aid for that district 24 shall be calculated as an amount equal to the Foundation 25 Level minus Available Local Resources, multiplied by the 26 Average Daily Attendance of the school district. 27 (3) For any school district for which Available Local 28 Resources per pupil is equal to or greater than the product 29 of 0.93 times the Foundation Level and less than the product 30 of 1.75 times the Foundation Level, the general State aid per 31 pupil shall be a decimal proportion of the Foundation Level 32 derived using a linear algorithm. Under this linear 33 algorithm, the calculated general State aid per pupil shall 34 decline in direct linear fashion from 0.07 times the -7- LRB9214153NTpk 1 Foundation Level for a school district with Available Local 2 Resources equal to the product of 0.93 times the Foundation 3 Level, to 0.05 times the Foundation Level for a school 4 district with Available Local Resources equal to the product 5 of 1.75 times the Foundation Level. The allocation of 6 general State aid for school districts subject to this 7 paragraph 3 shall be the calculated general State aid per 8 pupil figure multiplied by the Average Daily Attendance of 9 the school district. 10 (4) For any school district for which Available Local 11 Resources per pupil equals or exceeds the product of 1.75 12 times the Foundation Level, the general State aid for the 13 school district shall be calculated as the product of $218 14 multiplied by the Average Daily Attendance of the school 15 district. 16 (5) The amount of general State aid allocated to a 17 school district for the 1999-2000 school year meeting the 18 requirements set forth in paragraph (4) of subsection (G) 19 shall be increased by an amount equal to the general State 20 aid that would have been received by the district for the 21 1998-1999 school year by utilizing the Extension Limitation 22 Equalized Assessed Valuation as calculated in paragraph (4) 23 of subsection (G) less the general State aid allotted for the 24 1998-1999 school year. This amount shall be deemed a one 25 time increase, and shall not affect any future general State 26 aid allocations. 27 (F) Compilation of Average Daily Attendance. 28 (1) Each school district shall, by July 1 of each year, 29 submit to the State Board of Education, on forms prescribed 30 by the State Board of Education, attendance figures for the 31 school year that began in the preceding calendar year. The 32 attendance information so transmitted shall identify the 33 average daily attendance figures for each month of the school 34 year, except that any days of attendance in August shall be -8- LRB9214153NTpk 1 added to the month of September and any days of attendance in 2 June shall be added to the month of May. 3 Except as otherwise provided in this Section, days of 4 attendance by pupils shall be counted only for sessions of 5 not less than 5 clock hours of school work per day under 6 direct supervision of: (i) teachers, or (ii) non-teaching 7 personnel or volunteer personnel when engaging in 8 non-teaching duties and supervising in those instances 9 specified in subsection (a) of Section 10-22.34 and paragraph 10 10 of Section 34-18, with pupils of legal school age and in 11 kindergarten and grades 1 through 12. 12 Days of attendance by tuition pupils shall be accredited 13 only to the districts that pay the tuition to a recognized 14 school. 15 (2) Days of attendance by pupils of less than 5 clock 16 hours of school shall be subject to the following provisions 17 in the compilation of Average Daily Attendance. 18 (a) Pupils regularly enrolled in a public school 19 for only a part of the school day may be counted on the 20 basis of 1/6 day for every class hour of instruction of 21 40 minutes or more attended pursuant to such enrollment, 22 unless a pupil is enrolled in a block-schedule format of 23 80 minutes or more of instruction, in which case the 24 pupil may be counted on the basis of the proportion of 25 minutes of school work completed each day to the minimum 26 number of minutes that school work is required to be held 27 that day. 28 (b) Days of attendance may be less than 5 clock 29 hours on the opening and closing of the school term, and 30 upon the first day of pupil attendance, if preceded by a 31 day or days utilized as an institute or teachers' 32 workshop. 33 (c) A session of 4 or more clock hours may be 34 counted as a day of attendance upon certification by the -9- LRB9214153NTpk 1 regional superintendent, and approved by the State 2 Superintendent of Education to the extent that the 3 district has been forced to use daily multiple sessions. 4 (d) A session of 3 or more clock hours may be 5 counted as a day of attendance (1) when the remainder of 6 the school day or at least 2 hours in the evening of that 7 day is utilized for an in-service training program for 8 teachers, up to a maximum of 5 days per school year of 9 which a maximum of 4 days of such 5 days may be used for 10 parent-teacher conferences, provided a district conducts 11 an in-service training program for teachers which has 12 been approved by the State Superintendent of Education; 13 or, in lieu of 4 such days, 2 full days may be used, in 14 which event each such day may be counted as a day of 15 attendance; and (2) when days in addition to those 16 provided in item (1) are scheduled by a school pursuant 17 to its school improvement plan adopted under Article 34 18 or its revised or amended school improvement plan adopted 19 under Article 2, provided that (i) such sessions of 3 or 20 more clock hours are scheduled to occur at regular 21 intervals, (ii) the remainder of the school days in which 22 such sessions occur are utilized for in-service training 23 programs or other staff development activities for 24 teachers, and (iii) a sufficient number of minutes of 25 school work under the direct supervision of teachers are 26 added to the school days between such regularly scheduled 27 sessions to accumulate not less than the number of 28 minutes by which such sessions of 3 or more clock hours 29 fall short of 5 clock hours. Any full days used for the 30 purposes of this paragraph shall not be considered for 31 computing average daily attendance. Days scheduled for 32 in-service training programs, staff development 33 activities, or parent-teacher conferences may be 34 scheduled separately for different grade levels and -10- LRB9214153NTpk 1 different attendance centers of the district. 2 (e) A session of not less than one clock hour of 3 teaching hospitalized or homebound pupils on-site or by 4 telephone to the classroom may be counted as 1/2 day of 5 attendance, however these pupils must receive 4 or more 6 clock hours of instruction to be counted for a full day 7 of attendance. 8 (f) A session of at least 4 clock hours may be 9 counted as a day of attendance for first grade pupils, 10 and pupils in full day kindergartens, and a session of 2 11 or more hours may be counted as 1/2 day of attendance by 12 pupils in kindergartens which provide only 1/2 day of 13 attendance. 14 (g) For children with disabilities who are below 15 the age of 6 years and who cannot attend 2 or more clock 16 hours because of their disability or immaturity, a 17 session of not less than one clock hour may be counted as 18 1/2 day of attendance; however for such children whose 19 educational needs so require a session of 4 or more clock 20 hours may be counted as a full day of attendance. 21 (h) A recognized kindergarten which provides for 22 only 1/2 day of attendance by each pupil shall not have 23 more than 1/2 day of attendance counted in any one day. 24 However, kindergartens may count 2 1/2 days of attendance 25 in any 5 consecutive school days. When a pupil attends 26 such a kindergarten for 2 half days on any one school 27 day, the pupil shall have the following day as a day 28 absent from school, unless the school district obtains 29 permission in writing from the State Superintendent of 30 Education. Attendance at kindergartens which provide for 31 a full day of attendance by each pupil shall be counted 32 the same as attendance by first grade pupils. Only the 33 first year of attendance in one kindergarten shall be 34 counted, except in case of children who entered the -11- LRB9214153NTpk 1 kindergarten in their fifth year whose educational 2 development requires a second year of kindergarten as 3 determined under the rules and regulations of the State 4 Board of Education. 5 (G) Equalized Assessed Valuation Data. 6 (1) For purposes of the calculation of Available Local 7 Resources required pursuant to subsection (D), the State 8 Board of Education shall secure from the Department of 9 Revenue the value as equalized or assessed by the Department 10 of Revenue of all taxable property of every school district, 11 together with (i) the applicable tax rate used in extending 12 taxes for the funds of the district as of September 30 of the 13 previous year and (ii) the limiting rate for all school 14 districts subject to property tax extension limitations as 15 imposed under the Property Tax Extension Limitation Law. 16 This equalized assessed valuation, as adjusted further by 17 the requirements of this subsection, shall be utilized in the 18 calculation of Available Local Resources. 19 (2) The equalized assessed valuation in paragraph (1) 20 shall be adjusted, as applicable, in the following manner: 21 (a) For the purposes of calculating State aid under 22 this Section, with respect to any part of a school 23 district within a redevelopment project area in respect 24 to which a municipality has adopted tax increment 25 allocation financing pursuant to the Tax Increment 26 Allocation Redevelopment Act, Sections 11-74.4-1 through 27 11-74.4-11 of the Illinois Municipal Code or the 28 Industrial Jobs Recovery Law, Sections 11-74.6-1 through 29 11-74.6-50 of the Illinois Municipal Code, no part of the 30 current equalized assessed valuation of real property 31 located in any such project area which is attributable to 32 an increase above the total initial equalized assessed 33 valuation of such property shall be used as part of the 34 equalized assessed valuation of the district, until such -12- LRB9214153NTpk 1 time as all redevelopment project costs have been paid, 2 as provided in Section 11-74.4-8 of the Tax Increment 3 Allocation Redevelopment Act or in Section 11-74.6-35 of 4 the Industrial Jobs Recovery Law. For the purpose of the 5 equalized assessed valuation of the district, the total 6 initial equalized assessed valuation or the current 7 equalized assessed valuation, whichever is lower, shall 8 be used until such time as all redevelopment project 9 costs have been paid. 10 (b) The real property equalized assessed valuation 11 for a school district shall be adjusted by subtracting 12 from the real property value as equalized or assessed by 13 the Department of Revenue for the district an amount 14 computed by dividing the amount of any abatement of taxes 15 under Section 18-170 of the Property Tax Code by 3.00% 16 for a district maintaining grades kindergarten through 17 12, by 2.30% for a district maintaining grades 18 kindergarten through 8, or by 1.05% for a district 19 maintaining grades 9 through 12 and adjusted by an amount 20 computed by dividing the amount of any abatement of taxes 21 under subsection (a) of Section 18-165 of the Property 22 Tax Code by the same percentage rates for district type 23 as specified in this subparagraph (b). 24 (3) For the 1999-2000 school year and each school year 25 thereafter, if a school district meets all of the criteria of 26 this subsection (G)(3), the school district's Available Local 27 Resources shall be calculated under subsection (D) using the 28 district's Extension Limitation Equalized Assessed Valuation 29 as calculated under this subsection (G)(3). 30 For purposes of this subsection (G)(3) the following 31 terms shall have the following meanings: 32 "Budget Year": The school year for which general 33 State aid is calculated and awarded under subsection (E). 34 "Base Tax Year": The property tax levy year used to -13- LRB9214153NTpk 1 calculate the Budget Year allocation of general State 2 aid. 3 "Preceding Tax Year": The property tax levy year 4 immediately preceding the Base Tax Year. 5 "Base Tax Year's Tax Extension": The product of the 6 equalized assessed valuation utilized by the County Clerk 7 in the Base Tax Year multiplied by the limiting rate as 8 calculated by the County Clerk and defined in the 9 Property Tax Extension Limitation Law. 10 "Preceding Tax Year's Tax Extension": The product of 11 the equalized assessed valuation utilized by the County 12 Clerk in the Preceding Tax Year multiplied by the 13 Operating Tax Rate as defined in subsection (A). 14 "Extension Limitation Ratio": A numerical ratio, 15 certified by the County Clerk, in which the numerator is 16 the Base Tax Year's Tax Extension and the denominator is 17 the Preceding Tax Year's Tax Extension. 18 "Operating Tax Rate": The operating tax rate as 19 defined in subsection (A). 20 If a school district is subject to property tax extension 21 limitations as imposed under the Property Tax Extension 22 Limitation Law, the State Board of Education shall calculate 23 the Extension Limitation Equalized Assessed Valuation of that 24 district. For the 1999-2000 school year, the Extension 25 Limitation Equalized Assessed Valuation of a school district 26 as calculated by the State Board of Education shall be equal 27 to the product of the district's 1996 Equalized Assessed 28 Valuation and the district's Extension Limitation Ratio. For 29 the 2000-2001 school year and each school year thereafter, 30 the Extension Limitation Equalized Assessed Valuation of a 31 school district as calculated by the State Board of Education 32 shall be equal to the product of the Equalized Assessed 33 Valuation last used in the calculation of general State aid 34 and the district's Extension Limitation Ratio. If the -14- LRB9214153NTpk 1 Extension Limitation Equalized Assessed Valuation of a school 2 district as calculated under this subsection (G)(3) is less 3 than the district's equalized assessed valuation as 4 calculated pursuant to subsections (G)(1) and (G)(2), then 5 for purposes of calculating the district's general State aid 6 for the Budget Year pursuant to subsection (E), that 7 Extension Limitation Equalized Assessed Valuation shall be 8 utilized to calculate the district's Available Local 9 Resources under subsection (D). 10 (4) For the purposes of calculating general State aid 11 for the 1999-2000 school year only, if a school district 12 experienced a triennial reassessment on the equalized 13 assessed valuation used in calculating its general State 14 financial aid apportionment for the 1998-1999 school year, 15 the State Board of Education shall calculate the Extension 16 Limitation Equalized Assessed Valuation that would have been 17 used to calculate the district's 1998-1999 general State aid. 18 This amount shall equal the product of the equalized assessed 19 valuation used to calculate general State aid for the 20 1997-1998 school year and the district's Extension Limitation 21 Ratio. If the Extension Limitation Equalized Assessed 22 Valuation of the school district as calculated under this 23 paragraph (4) is less than the district's equalized assessed 24 valuation utilized in calculating the district's 1998-1999 25 general State aid allocation, then for purposes of 26 calculating the district's general State aid pursuant to 27 paragraph (5) of subsection (E), that Extension Limitation 28 Equalized Assessed Valuation shall be utilized to calculate 29 the district's Available Local Resources. 30 (5) For school districts having a majority of their 31 equalized assessed valuation in any county except Cook, 32 DuPage, Kane, Lake, McHenry, or Will, if the amount of 33 general State aid allocated to the school district for the 34 1999-2000 school year under the provisions of subsection (E), -15- LRB9214153NTpk 1 (H), and (J) of this Section is less than the amount of 2 general State aid allocated to the district for the 1998-1999 3 school year under these subsections, then the general State 4 aid of the district for the 1999-2000 school year only shall 5 be increased by the difference between these amounts. The 6 total payments made under this paragraph (5) shall not exceed 7 $14,000,000. Claims shall be prorated if they exceed 8 $14,000,000. 9 (H) Supplemental General State Aid. 10 (1) In addition to the general State aid a school 11 district is allotted pursuant to subsection (E), qualifying 12 school districts shall receive a grant, paid in conjunction 13 with a district's payments of general State aid, for 14 supplemental general State aid based upon the concentration 15 level of children from low-income households within the 16 school district. Supplemental State aid grants provided for 17 school districts under this subsection shall be appropriated 18 for distribution to school districts as part of the same line 19 item in which the general State financial aid of school 20 districts is appropriated under this Section. For purposes of 21 this subsection, the term "Low-Income Concentration Level" 22 shall be the low-income eligible pupil count from the most 23 recently available federal census divided by the Average 24 Daily Attendance of the school district. If, however, (i) the 25 percentage decrease from the 2 most recent federal censuses 26 in the low-income eligible pupil count of a high school 27 district with fewer than 400 students exceeds by 75% or more 28 the percentage change in the total low-income eligible pupil 29 count of contiguous elementary school districts, whose 30 boundaries are coterminous with the high school district, or 31 (ii) a high school district within 2 counties and serving 5 32 elementary school districts, whose boundaries are coterminous 33 with the high school district, has a percentage decrease from 34 the 2 most recent federal censuses in the low-income eligible -16- LRB9214153NTpk 1 pupil count and there is a percentage increase in the total 2 low-income eligible pupil count of a majority of the 3 elementary school districts in excess of 50% from the 2 most 4 recent federal censuses, then the high school district's 5 low-income eligible pupil count from the earlier federal 6 census shall be the number used as the low-income eligible 7 pupil count for the high school district, for purposes of 8 this subsection (H). The changes made to this paragraph (1) 9 by Public Act 92-28
this amendatory Act of the 92nd General10 Assemblyshall apply to supplemental general State aid grants 11 paid in fiscal year 1999 and in each fiscal year thereafter 12 and to any State aid payments made in fiscal year 1994 13 through fiscal year 1998 pursuant to subsection 1(n) of 14 Section 18-8 of this Code (which was repealed on July 1, 15 1998), and any high school district that is affected by 16 Public Act 92-28 this amendatory Act of the 92nd General17 Assemblyis entitled to a recomputation of its supplemental 18 general State aid grant or State aid paid in any of those 19 fiscal years. This recomputation shall not be affected by 20 any other funding. 21 (2) Supplemental general State aid pursuant to this 22 subsection (H) shall be provided as follows for the 23 1998-1999, 1999-2000, and 2000-2001 school years only: 24 (a) For any school district with a Low Income 25 Concentration Level of at least 20% and less than 35%, 26 the grant for any school year shall be $800 multiplied by 27 the low income eligible pupil count. 28 (b) For any school district with a Low Income 29 Concentration Level of at least 35% and less than 50%, 30 the grant for the 1998-1999 school year shall be $1,100 31 multiplied by the low income eligible pupil count. 32 (c) For any school district with a Low Income 33 Concentration Level of at least 50% and less than 60%, 34 the grant for the 1998-99 school year shall be $1,500 -17- LRB9214153NTpk 1 multiplied by the low income eligible pupil count. 2 (d) For any school district with a Low Income 3 Concentration Level of 60% or more, the grant for the 4 1998-99 school year shall be $1,900 multiplied by the low 5 income eligible pupil count. 6 (e) For the 1999-2000 school year, the per pupil 7 amount specified in subparagraphs (b), (c), and (d) 8 immediately above shall be increased to $1,243, $1,600, 9 and $2,000, respectively. 10 (f) For the 2000-2001 school year, the per pupil 11 amounts specified in subparagraphs (b), (c), and (d) 12 immediately above shall be $1,273, $1,640, and $2,050, 13 respectively. 14 (2.5) Supplemental general State aid pursuant to this 15 subsection (H) shall be provided as follows for the 2001-2002 16 school year and each school year thereafter: 17 (a) For any school district with a Low Income 18 Concentration Level of less than 10%, the grant for each 19 school year shall be $355 multiplied by the low income 20 eligible pupil count. 21 (b) For any school district with a Low Income 22 Concentration Level of at least 10% and less than 20%, 23 the grant for each school year shall be $675 multiplied 24 by the low income eligible pupil count. 25 (c) For any school district with a Low Income 26 Concentration Level of at least 20% and less than 35%, 27 the grant for each school year shall be $1,190 multiplied 28 by the low income eligible pupil count. 29 (d) For any school district with a Low Income 30 Concentration Level of at least 35% and less than 50%, 31 the grant for each school year shall be $1,333 multiplied 32 by the low income eligible pupil count. 33 (e) For any school district with a Low Income 34 Concentration Level of at least 50% and less than 60%, -18- LRB9214153NTpk 1 the grant for each school year shall be $1,680 multiplied 2 by the low income eligible pupil count. 3 (f) For any school district with a Low Income 4 Concentration Level of 60% or more, the grant for each 5 school year shall be $2,080 multiplied by the low income 6 eligible pupil count. 7 (3) School districts with an Average Daily Attendance of 8 more than 1,000 and less than 50,000 that qualify for 9 supplemental general State aid pursuant to this subsection 10 shall submit a plan to the State Board of Education prior to 11 October 30 of each year for the use of the funds resulting 12 from this grant of supplemental general State aid for the 13 improvement of instruction in which priority is given to 14 meeting the education needs of disadvantaged children. Such 15 plan shall be submitted in accordance with rules and 16 regulations promulgated by the State Board of Education. 17 (4) School districts with an Average Daily Attendance of 18 50,000 or more that qualify for supplemental general State 19 aid pursuant to this subsection shall be required to 20 distribute from funds available pursuant to this Section, no 21 less than $261,000,000 in accordance with the following 22 requirements: 23 (a) The required amounts shall be distributed to 24 the attendance centers within the district in proportion 25 to the number of pupils enrolled at each attendance 26 center who are eligible to receive free or reduced-price 27 lunches or breakfasts under the federal Child Nutrition 28 Act of 1966 and under the National School Lunch Act 29 during the immediately preceding school year. 30 (b) The distribution of these portions of 31 supplemental and general State aid among attendance 32 centers according to these requirements shall not be 33 compensated for or contravened by adjustments of the 34 total of other funds appropriated to any attendance -19- LRB9214153NTpk 1 centers, and the Board of Education shall utilize funding 2 from one or several sources in order to fully implement 3 this provision annually prior to the opening of school. 4 (c) Each attendance center shall be provided by the 5 school district a distribution of noncategorical funds 6 and other categorical funds to which an attendance center 7 is entitled under law in order that the general State aid 8 and supplemental general State aid provided by 9 application of this subsection supplements rather than 10 supplants the noncategorical funds and other categorical 11 funds provided by the school district to the attendance 12 centers. 13 (d) Any funds made available under this subsection 14 that by reason of the provisions of this subsection are 15 not required to be allocated and provided to attendance 16 centers may be used and appropriated by the board of the 17 district for any lawful school purpose. 18 (e) Funds received by an attendance center pursuant 19 to this subsection shall be used by the attendance center 20 at the discretion of the principal and local school 21 council for programs to improve educational opportunities 22 at qualifying schools through the following programs and 23 services: early childhood education, reduced class size 24 or improved adult to student classroom ratio, enrichment 25 programs, remedial assistance, attendance improvement, 26 and other educationally beneficial expenditures which 27 supplement the regular and basic programs as determined 28 by the State Board of Education. Funds provided shall not 29 be expended for any political or lobbying purposes as 30 defined by board rule. 31 (f) Each district subject to the provisions of this 32 subdivision (H)(4) shall submit an acceptable plan to 33 meet the educational needs of disadvantaged children, in 34 compliance with the requirements of this paragraph, to -20- LRB9214153NTpk 1 the State Board of Education prior to July 15 of each 2 year. This plan shall be consistent with the decisions of 3 local school councils concerning the school expenditure 4 plans developed in accordance with part 4 of Section 5 34-2.3. The State Board shall approve or reject the plan 6 within 60 days after its submission. If the plan is 7 rejected, the district shall give written notice of 8 intent to modify the plan within 15 days of the 9 notification of rejection and then submit a modified plan 10 within 30 days after the date of the written notice of 11 intent to modify. Districts may amend approved plans 12 pursuant to rules promulgated by the State Board of 13 Education. 14 Upon notification by the State Board of Education 15 that the district has not submitted a plan prior to July 16 15 or a modified plan within the time period specified 17 herein, the State aid funds affected by that plan or 18 modified plan shall be withheld by the State Board of 19 Education until a plan or modified plan is submitted. 20 If the district fails to distribute State aid to 21 attendance centers in accordance with an approved plan, 22 the plan for the following year shall allocate funds, in 23 addition to the funds otherwise required by this 24 subsection, to those attendance centers which were 25 underfunded during the previous year in amounts equal to 26 such underfunding. 27 For purposes of determining compliance with this 28 subsection in relation to the requirements of attendance 29 center funding, each district subject to the provisions 30 of this subsection shall submit as a separate document by 31 December 1 of each year a report of expenditure data for 32 the prior year in addition to any modification of its 33 current plan. If it is determined that there has been a 34 failure to comply with the expenditure provisions of this -21- LRB9214153NTpk 1 subsection regarding contravention or supplanting, the 2 State Superintendent of Education shall, within 60 days 3 of receipt of the report, notify the district and any 4 affected local school council. The district shall within 5 45 days of receipt of that notification inform the State 6 Superintendent of Education of the remedial or corrective 7 action to be taken, whether by amendment of the current 8 plan, if feasible, or by adjustment in the plan for the 9 following year. Failure to provide the expenditure 10 report or the notification of remedial or corrective 11 action in a timely manner shall result in a withholding 12 of the affected funds. 13 The State Board of Education shall promulgate rules 14 and regulations to implement the provisions of this 15 subsection. No funds shall be released under this 16 subdivision (H)(4) to any district that has not submitted 17 a plan that has been approved by the State Board of 18 Education. 19 (I) General State Aid for Newly Configured School Districts. 20 (1) For a new school district formed by combining 21 property included totally within 2 or more previously 22 existing school districts, for its first year of existence 23 the general State aid and supplemental general State aid 24 calculated under this Section shall be computed for the new 25 district and for the previously existing districts for which 26 property is totally included within the new district. If the 27 computation on the basis of the previously existing districts 28 is greater, a supplementary payment equal to the difference 29 shall be made for the first 4 years of existence of the new 30 district. 31 (2) For a school district which annexes all of the 32 territory of one or more entire other school districts, for 33 the first year during which the change of boundaries 34 attributable to such annexation becomes effective for all -22- LRB9214153NTpk 1 purposes as determined under Section 7-9 or 7A-8, the general 2 State aid and supplemental general State aid calculated under 3 this Section shall be computed for the annexing district as 4 constituted after the annexation and for the annexing and 5 each annexed district as constituted prior to the annexation; 6 and if the computation on the basis of the annexing and 7 annexed districts as constituted prior to the annexation is 8 greater, a supplementary payment equal to the difference 9 shall be made for the first 4 years of existence of the 10 annexing school district as constituted upon such annexation. 11 (3) For 2 or more school districts which annex all of 12 the territory of one or more entire other school districts, 13 and for 2 or more community unit districts which result upon 14 the division (pursuant to petition under Section 11A-2) of 15 one or more other unit school districts into 2 or more parts 16 and which together include all of the parts into which such 17 other unit school district or districts are so divided, for 18 the first year during which the change of boundaries 19 attributable to such annexation or division becomes effective 20 for all purposes as determined under Section 7-9 or 11A-10, 21 as the case may be, the general State aid and supplemental 22 general State aid calculated under this Section shall be 23 computed for each annexing or resulting district as 24 constituted after the annexation or division and for each 25 annexing and annexed district, or for each resulting and 26 divided district, as constituted prior to the annexation or 27 division; and if the aggregate of the general State aid and 28 supplemental general State aid as so computed for the 29 annexing or resulting districts as constituted after the 30 annexation or division is less than the aggregate of the 31 general State aid and supplemental general State aid as so 32 computed for the annexing and annexed districts, or for the 33 resulting and divided districts, as constituted prior to the 34 annexation or division, then a supplementary payment equal to -23- LRB9214153NTpk 1 the difference shall be made and allocated between or among 2 the annexing or resulting districts, as constituted upon such 3 annexation or division, for the first 4 years of their 4 existence. The total difference payment shall be allocated 5 between or among the annexing or resulting districts in the 6 same ratio as the pupil enrollment from that portion of the 7 annexed or divided district or districts which is annexed to 8 or included in each such annexing or resulting district bears 9 to the total pupil enrollment from the entire annexed or 10 divided district or districts, as such pupil enrollment is 11 determined for the school year last ending prior to the date 12 when the change of boundaries attributable to the annexation 13 or division becomes effective for all purposes. The amount 14 of the total difference payment and the amount thereof to be 15 allocated to the annexing or resulting districts shall be 16 computed by the State Board of Education on the basis of 17 pupil enrollment and other data which shall be certified to 18 the State Board of Education, on forms which it shall provide 19 for that purpose, by the regional superintendent of schools 20 for each educational service region in which the annexing and 21 annexed districts, or resulting and divided districts are 22 located. 23 (3.5) Claims for financial assistance under this 24 subsection (I) shall not be recomputed except as expressly 25 provided under this Section. 26 (4) Any supplementary payment made under this subsection 27 (I) shall be treated as separate from all other payments made 28 pursuant to this Section. 29 (J) Supplementary Grants in Aid. 30 (1) Notwithstanding any other provisions of this 31 Section, the amount of the aggregate general State aid in 32 combination with supplemental general State aid under this 33 Section for which each school district is eligible shall be 34 no less than the amount of the aggregate general State aid -24- LRB9214153NTpk 1 entitlement that was received by the district under Section 2 18-8 (exclusive of amounts received under subsections 5(p) 3 and 5(p-5) of that Section) for the 1997-98 school year, 4 pursuant to the provisions of that Section as it was then in 5 effect. If a school district qualifies to receive a 6 supplementary payment made under this subsection (J), the 7 amount of the aggregate general State aid in combination with 8 supplemental general State aid under this Section which that 9 district is eligible to receive for each school year shall be 10 no less than the amount of the aggregate general State aid 11 entitlement that was received by the district under Section 12 18-8 (exclusive of amounts received under subsections 5(p) 13 and 5(p-5) of that Section) for the 1997-1998 school year, 14 pursuant to the provisions of that Section as it was then in 15 effect. 16 (2) If, as provided in paragraph (1) of this subsection 17 (J), a school district is to receive aggregate general State 18 aid in combination with supplemental general State aid under 19 this Section for the 1998-99 school year and any subsequent 20 school year that in any such school year is less than the 21 amount of the aggregate general State aid entitlement that 22 the district received for the 1997-98 school year, the school 23 district shall also receive, from a separate appropriation 24 made for purposes of this subsection (J), a supplementary 25 payment that is equal to the amount of the difference in the 26 aggregate State aid figures as described in paragraph (1). 27 (3) (Blank). 28 (K) Grants to Laboratory and Alternative Schools. 29 In calculating the amount to be paid to the governing 30 board of a public university that operates a laboratory 31 school under this Section or to any alternative school that 32 is operated by a regional superintendent of schools, the 33 State Board of Education shall require by rule such reporting 34 requirements as it deems necessary. -25- LRB9214153NTpk 1 As used in this Section, "laboratory school" means a 2 public school which is created and operated by a public 3 university and approved by the State Board of Education. The 4 governing board of a public university which receives funds 5 from the State Board under this subsection (K) may not 6 increase the number of students enrolled in its laboratory 7 school from a single district, if that district is already 8 sending 50 or more students, except under a mutual agreement 9 between the school board of a student's district of residence 10 and the university which operates the laboratory school. A 11 laboratory school may not have more than 1,000 students, 12 excluding students with disabilities in a special education 13 program. 14 As used in this Section, "alternative school" means a 15 public school which is created and operated by a Regional 16 Superintendent of Schools and approved by the State Board of 17 Education. Such alternative schools may offer courses of 18 instruction for which credit is given in regular school 19 programs, courses to prepare students for the high school 20 equivalency testing program or vocational and occupational 21 training. A regional superintendent of schools may contract 22 with a school district or a public community college district 23 to operate an alternative school. An alternative school 24 serving more than one educational service region may be 25 established by the regional superintendents of schools of the 26 affected educational service regions. An alternative school 27 serving more than one educational service region may be 28 operated under such terms as the regional superintendents of 29 schools of those educational service regions may agree. 30 Each laboratory and alternative school shall file, on 31 forms provided by the State Superintendent of Education, an 32 annual State aid claim which states the Average Daily 33 Attendance of the school's students by month. The best 3 34 months' Average Daily Attendance shall be computed for each -26- LRB9214153NTpk 1 school. The general State aid entitlement shall be computed 2 by multiplying the applicable Average Daily Attendance by the 3 Foundation Level as determined under this Section. 4 (L) Payments, Additional Grants in Aid and Other 5 Requirements. 6 (1) For a school district operating under the financial 7 supervision of an Authority created under Article 34A, the 8 general State aid otherwise payable to that district under 9 this Section, but not the supplemental general State aid, 10 shall be reduced by an amount equal to the budget for the 11 operations of the Authority as certified by the Authority to 12 the State Board of Education, and an amount equal to such 13 reduction shall be paid to the Authority created for such 14 district for its operating expenses in the manner provided in 15 Section 18-11. The remainder of general State school aid for 16 any such district shall be paid in accordance with Article 17 34A when that Article provides for a disposition other than 18 that provided by this Article. 19 (2) (Blank). 20 (3) Summer school. Summer school payments shall be made 21 as provided in Section 18-4.3. 22 (M) Education Funding Advisory Board. 23 The Education Funding Advisory Board, hereinafter in this 24 subsection (M) referred to as the "Board", is hereby created. 25 The Board shall consist of 5 members who are appointed by the 26 Governor, by and with the advice and consent of the Senate. 27 The members appointed shall include representatives of 28 education, business, and the general public. One of the 29 members so appointed shall be designated by the Governor at 30 the time the appointment is made as the chairperson of the 31 Board. The initial members of the Board may be appointed any 32 time after the effective date of this amendatory Act of 1997. 33 The regular term of each member of the Board shall be for 4 -27- LRB9214153NTpk 1 years from the third Monday of January of the year in which 2 the term of the member's appointment is to commence, except 3 that of the 5 initial members appointed to serve on the 4 Board, the member who is appointed as the chairperson shall 5 serve for a term that commences on the date of his or her 6 appointment and expires on the third Monday of January, 2002, 7 and the remaining 4 members, by lots drawn at the first 8 meeting of the Board that is held after all 5 members are 9 appointed, shall determine 2 of their number to serve for 10 terms that commence on the date of their respective 11 appointments and expire on the third Monday of January, 2001, 12 and 2 of their number to serve for terms that commence on the 13 date of their respective appointments and expire on the third 14 Monday of January, 2000. All members appointed to serve on 15 the Board shall serve until their respective successors are 16 appointed and confirmed. Vacancies shall be filled in the 17 same manner as original appointments. If a vacancy in 18 membership occurs at a time when the Senate is not in 19 session, the Governor shall make a temporary appointment 20 until the next meeting of the Senate, when he or she shall 21 appoint, by and with the advice and consent of the Senate, a 22 person to fill that membership for the unexpired term. If 23 the Senate is not in session when the initial appointments 24 are made, those appointments shall be made as in the case of 25 vacancies. 26 The Education Funding Advisory Board shall be deemed 27 established, and the initial members appointed by the 28 Governor to serve as members of the Board shall take office, 29 on the date that the Governor makes his or her appointment of 30 the fifth initial member of the Board, whether those initial 31 members are then serving pursuant to appointment and 32 confirmation or pursuant to temporary appointments that are 33 made by the Governor as in the case of vacancies. 34 The State Board of Education shall provide such staff -28- LRB9214153NTpk 1 assistance to the Education Funding Advisory Board as is 2 reasonably required for the proper performance by the Board 3 of its responsibilities. 4 For school years after the 2000-2001 school year, the 5 Education Funding Advisory Board, in consultation with the 6 State Board of Education, shall make recommendations as 7 provided in this subsection (M) to the General Assembly for 8 the foundation level under subdivision (B)(3) of this Section 9 and for the supplemental general State aid grant level under 10 subsection (H) of this Section for districts with high 11 concentrations of children from poverty. The recommended 12 foundation level shall be determined based on a methodology 13 which incorporates the basic education expenditures of 14 low-spending schools exhibiting high academic performance. 15 The Education Funding Advisory Board shall make such 16 recommendations to the General Assembly on January 1 of odd 17 numbered years, beginning January 1, 2001. 18 (N) (Blank). 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. 91-24, eff. 7-1-99; 91-93, eff. 7-9-99; 91-96, 29 eff. 7-9-99; 91-111, eff. 7-14-99; 91-357, eff. 7-29-99; 30 91-533, eff. 8-13-99; 92-7, eff. 6-29-01; 92-16, eff. 31 6-28-01; 92-28, eff. 7-1-01; 92-29, eff. 7-1-01; 92-269, eff. 32 8-7-01; revised 8-7-01.) -29- LRB9214153NTpk 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.
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