[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] | [ Conference Committee Report 001 ] |
91_HB1134
LRB9101564NTsb
1 AN ACT to amend the School Code by changing Section
2 18-8.05.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Section 18-8.05 as follows:
7 (105 ILCS 5/18-8.05)
8 Sec. 18-8.05. Basis for apportionment of general State
9 financial aid and supplemental general State aid to the
10 common schools for the 1998-1999 and subsequent school years.
11 (A) General Provisions.
12 (1) The provisions of this Section apply to the
13 1998-1999 and subsequent school years. The system of general
14 State financial aid provided for in this Section is designed
15 to assure that, through a combination of State financial aid
16 and required local resources, the financial support provided
17 each pupil in Average Daily Attendance equals or exceeds a
18 prescribed per pupil Foundation Level. This formula approach
19 imputes a level of per pupil Available Local Resources and
20 provides for the basis to calculate a per pupil level of
21 general State financial aid that, when added to Available
22 Local Resources, equals or exceeds the Foundation Level. The
23 amount of per pupil general State financial aid for school
24 districts, in general, varies in inverse relation to
25 Available Local Resources. Per pupil amounts are based upon
26 each school district's Average Daily Attendance as that term
27 is defined in this Section.
28 (2) In addition to general State financial aid, school
29 districts with specified levels or concentrations of pupils
30 from low income households are eligible to receive
31 supplemental general State financial aid grants as provided
-2- LRB9101564NTsb
1 pursuant to subsection (H). The supplemental State aid grants
2 provided for school districts under subsection (H) shall be
3 appropriated for distribution to school districts as part of
4 the same line item in which the general State financial aid
5 of school districts is appropriated under this Section.
6 (3) To receive financial assistance under this Section,
7 school districts are required to file claims with the State
8 Board of Education, subject to the following requirements:
9 (a) Any school district which fails for any given
10 school year to maintain school as required by law, or to
11 maintain a recognized school is not eligible to file for
12 such school year any claim upon the Common School Fund.
13 In case of nonrecognition of one or more attendance
14 centers in a school district otherwise operating
15 recognized schools, the claim of the district shall be
16 reduced in the proportion which the Average Daily
17 Attendance in the attendance center or centers bear to
18 the Average Daily Attendance in the school district. A
19 "recognized school" means any public school which meets
20 the standards as established for recognition by the State
21 Board of Education. A school district or attendance
22 center not having recognition status at the end of a
23 school term is entitled to receive State aid payments due
24 upon a legal claim which was filed while it was
25 recognized.
26 (b) School district claims filed under this Section
27 are subject to Sections 18-9, 18-10, and 18-12, except as
28 otherwise provided in this Section.
29 (c) If a school district operates a full year
30 school under Section 10-19.1, the general State aid to
31 the school district shall be determined by the State
32 Board of Education in accordance with this Section as
33 near as may be applicable.
34 (d) (Blank).
-3- LRB9101564NTsb
1 (4) Except as provided in subsections (H) and (L), the
2 board of any district receiving any of the grants provided
3 for in this Section may apply those funds to any fund so
4 received for which that board is authorized to make
5 expenditures by law.
6 School districts are not required to exert a minimum
7 Operating Tax Rate in order to qualify for assistance under
8 this Section.
9 (5) As used in this Section the following terms, when
10 capitalized, shall have the meaning ascribed herein:
11 (a) "Average Daily Attendance": A count of pupil
12 attendance in school, averaged as provided for in
13 subsection (C) and utilized in deriving per pupil
14 financial support levels.
15 (b) "Available Local Resources": A computation of
16 local financial support, calculated on the basis of
17 Average Daily Attendance and derived as provided pursuant
18 to subsection (D).
19 (c) "Corporate Personal Property Replacement
20 Taxes": Funds paid to local school districts pursuant to
21 "An Act in relation to the abolition of ad valorem
22 personal property tax and the replacement of revenues
23 lost thereby, and amending and repealing certain Acts and
24 parts of Acts in connection therewith", certified August
25 14, 1979, as amended (Public Act 81-1st S.S.-1).
26 (d) "Foundation Level": A prescribed level of per
27 pupil financial support as provided for in subsection
28 (B).
29 (e) "Operating Tax Rate": All school district
30 property taxes extended for all purposes, except Bond and
31 Interest, Summer School, Rent, Capital Improvement, and
32 Vocational Education Building purposes.
33 (B) Foundation Level.
34 (1) The Foundation Level is a figure established by the
-4- LRB9101564NTsb
1 State representing the minimum level of per pupil financial
2 support that should be available to provide for the basic
3 education of each pupil in Average Daily Attendance. As set
4 forth in this Section, each school district is assumed to
5 exert a sufficient local taxing effort such that, in
6 combination with the aggregate of general State financial aid
7 provided the district, an aggregate of State and local
8 resources are available to meet the basic education needs of
9 pupils in the district.
10 (2) For the 1998-1999 school year, the Foundation Level
11 of support is $4,225. For the 1999-2000 school year, the
12 Foundation Level of support is $4,325. For the 2000-2001
13 school year, the Foundation Level of support is $4,425.
14 (3) For the 2001-2002 school year and each school year
15 thereafter, the Foundation Level of support is $4,425 or such
16 greater amount as may be established by law by the General
17 Assembly.
18 (C) Average Daily Attendance.
19 (1) For purposes of calculating general State aid
20 pursuant to subsection (E), an Average Daily Attendance
21 figure shall be utilized. The Average Daily Attendance
22 figure for formula calculation purposes shall be the monthly
23 average of the actual number of pupils in attendance of each
24 school district, as further averaged for the best 3 months of
25 pupil attendance for each school district. In compiling the
26 figures for the number of pupils in attendance, school
27 districts and the State Board of Education shall, for
28 purposes of general State aid funding, conform attendance
29 figures to the requirements of subsection (F).
30 (2) The Average Daily Attendance figures utilized in
31 subsection (E) shall be the requisite attendance data for the
32 school year immediately preceding the school year for which
33 general State aid is being calculated.
-5- LRB9101564NTsb
1 (D) Available Local Resources.
2 (1) For purposes of calculating general State aid
3 pursuant to subsection (E), a representation of Available
4 Local Resources per pupil, as that term is defined and
5 determined in this subsection, shall be utilized. Available
6 Local Resources per pupil shall include a calculated dollar
7 amount representing local school district revenues from local
8 property taxes and from Corporate Personal Property
9 Replacement Taxes, expressed on the basis of pupils in
10 Average Daily Attendance.
11 (2) In determining a school district's revenue from
12 local property taxes, the State Board of Education shall
13 utilize the equalized assessed valuation of all taxable
14 property of each school district as of September 30 of the
15 previous year. The equalized assessed valuation utilized
16 shall be obtained and determined as provided in subsection
17 (G).
18 (3) For school districts maintaining grades kindergarten
19 through 12, local property tax revenues per pupil shall be
20 calculated as the product of the applicable equalized
21 assessed valuation for the district multiplied by 3.00%, and
22 divided by the district's Average Daily Attendance figure.
23 For school districts maintaining grades kindergarten through
24 8, local property tax revenues per pupil shall be calculated
25 as the product of the applicable equalized assessed valuation
26 for the district multiplied by 2.30%, and divided by the
27 district's Average Daily Attendance figure. For school
28 districts maintaining grades 9 through 12, local property tax
29 revenues per pupil shall be the applicable equalized assessed
30 valuation of the district multiplied by 1.20%, and divided by
31 the district's Average Daily Attendance figure.
32 (4) The Corporate Personal Property Replacement Taxes
33 paid to each school district during the calendar year 2 years
34 before the calendar year in which a school year begins,
-6- LRB9101564NTsb
1 divided by the Average Daily Attendance figure for that
2 district, shall be added to the local property tax revenues
3 per pupil as derived by the application of the immediately
4 preceding paragraph (3). The sum of these per pupil figures
5 for each school district shall constitute Available Local
6 Resources as that term is utilized in subsection (E) in the
7 calculation of general State aid.
8 (E) Computation of General State Aid.
9 (1) For each school year, the amount of general State
10 aid allotted to a school district shall be computed by the
11 State Board of Education as provided in this subsection.
12 (2) For any school district for which Available Local
13 Resources per pupil is less than the product of 0.93 times
14 the Foundation Level, general State aid for that district
15 shall be calculated as an amount equal to the Foundation
16 Level minus Available Local Resources, multiplied by the
17 Average Daily Attendance of the school district.
18 (3) For any school district for which Available Local
19 Resources per pupil is equal to or greater than the product
20 of 0.93 times the Foundation Level and less than the product
21 of 1.75 times the Foundation Level, the general State aid per
22 pupil shall be a decimal proportion of the Foundation Level
23 derived using a linear algorithm. Under this linear
24 algorithm, the calculated general State aid per pupil shall
25 decline in direct linear fashion from 0.07 times the
26 Foundation Level for a school district with Available Local
27 Resources equal to the product of 0.93 times the Foundation
28 Level, to 0.05 times the Foundation Level for a school
29 district with Available Local Resources equal to the product
30 of 1.75 times the Foundation Level. The allocation of
31 general State aid for school districts subject to this
32 paragraph 3 shall be the calculated general State aid per
33 pupil figure multiplied by the Average Daily Attendance of
34 the school district.
-7- LRB9101564NTsb
1 (4) For any school district for which Available Local
2 Resources per pupil equals or exceeds the product of 1.75
3 times the Foundation Level, the general State aid for the
4 school district shall be calculated as the product of $218
5 multiplied by the Average Daily Attendance of the school
6 district.
7 (F) Compilation of Average Daily Attendance.
8 (1) Each school district shall, by July 1 of each year,
9 submit to the State Board of Education, on forms prescribed
10 by the State Board of Education, attendance figures for the
11 school year that began in the preceding calendar year. The
12 attendance information so transmitted shall identify the
13 average daily attendance figures for each month of the school
14 year, except that any days of attendance in August shall be
15 added to the month of September and any days of attendance in
16 June shall be added to the month of May.
17 Except as otherwise provided in this Section, days of
18 attendance by pupils shall be counted only for sessions of
19 not less than 5 clock hours of school work per day under
20 direct supervision of: (i) teachers, or (ii) non-teaching
21 personnel or volunteer personnel when engaging in
22 non-teaching duties and supervising in those instances
23 specified in subsection (a) of Section 10-22.34 and paragraph
24 10 of Section 34-18, with pupils of legal school age and in
25 kindergarten and grades 1 through 12.
26 Days of attendance by tuition pupils shall be accredited
27 only to the districts that pay the tuition to a recognized
28 school.
29 (2) Days of attendance by pupils of less than 5 clock
30 hours of school shall be subject to the following provisions
31 in the compilation of Average Daily Attendance.
32 (a) Pupils regularly enrolled in a public school
33 for only a part of the school day may be counted on the
34 basis of 1/6 day for every class hour of instruction of
-8- LRB9101564NTsb
1 40 minutes or more attended pursuant to such enrollment.
2 (b) Days of attendance may be less than 5 clock
3 hours on the opening and closing of the school term, and
4 upon the first day of pupil attendance, if preceded by a
5 day or days utilized as an institute or teachers'
6 workshop.
7 (c) A session of 4 or more clock hours may be
8 counted as a day of attendance upon certification by the
9 regional superintendent, and approved by the State
10 Superintendent of Education to the extent that the
11 district has been forced to use daily multiple sessions.
12 (d) A session of 3 or more clock hours may be
13 counted as a day of attendance (1) when the remainder of
14 the school day or at least 2 hours in the evening of that
15 day is utilized for an in-service training program for
16 teachers, up to a maximum of 5 days per school year of
17 which a maximum of 4 days of such 5 days may be used for
18 parent-teacher conferences, provided a district conducts
19 an in-service training program for teachers which has
20 been approved by the State Superintendent of Education;
21 or, in lieu of 4 such days, 2 full days may be used, in
22 which event each such day may be counted as a day of
23 attendance; and (2) when days in addition to those
24 provided in item (1) are scheduled by a school pursuant
25 to its school improvement plan adopted under Article 34
26 or its revised or amended school improvement plan adopted
27 under Article 2, provided that (i) such sessions of 3 or
28 more clock hours are scheduled to occur at regular
29 intervals, (ii) the remainder of the school days in which
30 such sessions occur are utilized for in-service training
31 programs or other staff development activities for
32 teachers, and (iii) a sufficient number of minutes of
33 school work under the direct supervision of teachers are
34 added to the school days between such regularly scheduled
-9- LRB9101564NTsb
1 sessions to accumulate not less than the number of
2 minutes by which such sessions of 3 or more clock hours
3 fall short of 5 clock hours. Any full days used for the
4 purposes of this paragraph shall not be considered for
5 computing average daily attendance. Days scheduled for
6 in-service training programs, staff development
7 activities, or parent-teacher conferences may be
8 scheduled separately for different grade levels and
9 different attendance centers of the district.
10 (e) A session of not less than one clock hour of
11 teaching of hospitalized or homebound pupils on-site or
12 by telephone to the classroom may be counted as 1/2 day
13 of attendance, however these pupils must receive 4 or
14 more clock hours of instruction to be counted for a full
15 day of attendance.
16 (f) A session of at least 4 clock hours may be
17 counted as a day of attendance for first grade pupils,
18 and pupils in full day kindergartens, and a session of 2
19 or more hours may be counted as 1/2 day of attendance by
20 pupils in kindergartens which provide only 1/2 day of
21 attendance.
22 (g) For children with disabilities who are below
23 the age of 6 years and who cannot attend 2 or more clock
24 hours because of their disability or immaturity, a
25 session of not less than one clock hour may be counted as
26 1/2 day of attendance; however for such children whose
27 educational needs so require a session of 4 or more clock
28 hours may be counted as a full day of attendance.
29 (h) A recognized kindergarten which provides for
30 only 1/2 day of attendance by each pupil shall not have
31 more than 1/2 day of attendance counted in any one 1 day.
32 However, kindergartens may count 2 1/2 days of attendance
33 in any 5 consecutive school days. When a pupil attends
34 such a kindergarten for 2 half days on any one school
-10- LRB9101564NTsb
1 day, the pupil shall have the following day as a day
2 absent from school, unless the school district obtains
3 permission in writing from the State Superintendent of
4 Education. Attendance at kindergartens which provide for
5 a full day of attendance by each pupil shall be counted
6 the same as attendance by first grade pupils. Only the
7 first year of attendance in one kindergarten shall be
8 counted, except in case of children who entered the
9 kindergarten in their fifth year whose educational
10 development requires a second year of kindergarten as
11 determined under the rules and regulations of the State
12 Board of Education.
13 (G) Equalized Assessed Valuation Data.
14 (1) For purposes of the calculation of Available Local
15 Resources required pursuant to subsection (D), the State
16 Board of Education shall secure from the Department of
17 Revenue the value as equalized or assessed by the Department
18 of Revenue of all taxable property of every school district,
19 together with (i) the applicable tax rate used in extending
20 taxes for the funds of the district as of September 30 of the
21 previous year and (ii) the limiting rate for all school
22 districts subject to property tax extension limitations as
23 imposed under the Property Tax Extension Limitation Law.
24 This equalized assessed valuation, as adjusted further by
25 the requirements of this subsection, shall be utilized in the
26 calculation of Available Local Resources.
27 (2) The equalized assessed valuation in paragraph (1)
28 shall be adjusted, as applicable, in the following manner:
29 (a) For the purposes of calculating State aid under
30 this Section, with respect to any part of a school
31 district within a redevelopment project area in respect
32 to which a municipality has adopted tax increment
33 allocation financing pursuant to the Tax Increment
34 Allocation Redevelopment Act, Sections 11-74.4-1 through
-11- LRB9101564NTsb
1 11-74.4-11 of the Illinois Municipal Code or the
2 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
3 11-74.6-50 of the Illinois Municipal Code, no part of the
4 current equalized assessed valuation of real property
5 located in any such project area which is attributable to
6 an increase above the total initial equalized assessed
7 valuation of such property shall be used as part of the
8 equalized assessed valuation of the district, until such
9 time as all redevelopment project costs have been paid,
10 as provided in Section 11-74.4-8 of the Tax Increment
11 Allocation Redevelopment Act or in Section 11-74.6-35 of
12 the Industrial Jobs Recovery Law. For the purpose of the
13 equalized assessed valuation of the district, the total
14 initial equalized assessed valuation or the current
15 equalized assessed valuation, whichever is lower, shall
16 be used until such time as all redevelopment project
17 costs have been paid.
18 (b) The real property equalized assessed valuation
19 for a school district shall be adjusted by subtracting
20 from the real property value as equalized or assessed by
21 the Department of Revenue for the district an amount
22 computed by dividing the amount of any abatement of taxes
23 under Section 18-170 of the Property Tax Code by 3.00%
24 for a district maintaining grades kindergarten through 12
25 , or by 2.30% for a district maintaining grades
26 kindergarten through 8, or by 1.20% for a district
27 maintaining grades 9 through 12 and adjusted by an amount
28 computed by dividing the amount of any abatement of taxes
29 under subsection (a) of Section 18-165 of the Property
30 Tax Code by the same percentage rates for district type
31 as specified in this subparagraph (b) (c).
32 (3) For the 1999-2000 school year and each school year
33 thereafter, if a school district meets all of the criteria of
34 this subsection (G)(3), the school district's Available Local
-12- LRB9101564NTsb
1 Resources shall be calculated under subsection (D) using the
2 district's Extension Limitation Equalized Assessed Valuation
3 as calculated under this subsection (G)(3).
4 For purposes of this subsection (G)(3) the following
5 terms shall have the following meanings:
6 "Budget Year": The school year for which general
7 State aid is calculated and awarded under subsection (E).
8 "Base Tax Year": The property tax levy year used to
9 calculate the Budget Year allocation of general State
10 aid.
11 "Preceding Tax Year": The property tax levy year
12 immediately preceding the Base Tax Year.
13 "Base Tax Year's Tax Extension": The product of the
14 equalized assessed valuation utilized by the County Clerk
15 in the Base Tax Year multiplied by the limiting rate as
16 calculated by the County Clerk and defined in the
17 Property Tax Extension Limitation Law.
18 "Preceding Tax Year's Tax Extension": The product of
19 the equalized assessed valuation utilized by the County
20 Clerk in the Preceding Tax Year multiplied by the
21 limiting rate as calculated by the County Clerk and
22 defined in the Property Tax Extension Limitation Law.
23 "Extension Limitation Ratio": A numerical ratio,
24 certified by the County Clerk, in which the numerator is
25 the Base Tax Year's Tax Extension and the denominator is
26 the Preceding Tax Year's Tax Extension.
27 "Operating Tax Rate": The operating tax rate as
28 defined in subsection (A).
29 If a school district is subject to property tax extension
30 limitations as imposed under the Property Tax Extension
31 Limitation Law, and if the Available Local Resources of that
32 school district as calculated pursuant to subsection (D)
33 using the Base Tax Year are less than the product of 1.75
34 times the Foundation Level for the Budget Year, the State
-13- LRB9101564NTsb
1 Board of Education shall calculate the Extension Limitation
2 Equalized Assessed Valuation of that district. The Extension
3 Limitation Equalized Assessed Valuation of a school district
4 as calculated by the State Board of Education shall be equal
5 to the product of the equalized assessed valuation of the
6 Preceding Tax Year used in calculating the district's
7 Available Local Resources multiplied by the district's
8 Extension Limitation Ratio. If the Extension Limitation
9 Equalized Assessed Valuation of a school district as
10 calculated under this subsection (G)(3) is less than the
11 district's equalized assessed valuation as calculated
12 pursuant to subsections (G)(1) and (G)(2), then for purposes
13 of calculating the district's general State aid for the
14 Budget Year pursuant to subsection (E), that Extension
15 Limitation Equalized Assessed Valuation shall be utilized to
16 calculate the district's Available Local Resources under
17 subsection (D).
18 (H) Supplemental General State Aid.
19 (1) In addition to the general State aid a school
20 district is allotted pursuant to subsection (E), qualifying
21 school districts shall receive a grant, paid in conjunction
22 with a district's payments of general State aid, for
23 supplemental general State aid based upon the concentration
24 level of children from low-income households within the
25 school district. Supplemental State aid grants provided for
26 school districts under this subsection shall be appropriated
27 for distribution to school districts as part of the same line
28 item in which the general State financial aid of school
29 districts is appropriated under this Section. For purposes of
30 this subsection, the term "Low-Income Concentration Level"
31 shall be the low-income eligible pupil count from the most
32 recently available federal census divided by the Average
33 Daily Attendance of the school district.
34 (2) Supplemental general State aid pursuant to this
-14- LRB9101564NTsb
1 subsection shall be provided as follows:
2 (a) For any school district with a Low Income
3 Concentration Level of at least 20% and less than 35%,
4 the grant for any school year shall be $800 multiplied by
5 the low income eligible pupil count.
6 (b) For any school district with a Low Income
7 Concentration Level of at least 35% and less than 50%,
8 the grant for the 1998-1999 school year shall be $1,100
9 multiplied by the low income eligible pupil count.
10 (c) For any school district with a Low Income
11 Concentration Level of at least 50% and less than 60%,
12 the grant for the 1998-99 school year shall be $1,500
13 multiplied by the low income eligible pupil count.
14 (d) For any school district with a Low Income
15 Concentration Level of 60% or more, the grant for the
16 1998-99 school year shall be $1,900 multiplied by the low
17 income eligible pupil count.
18 (e) For the 1999-2000 school year, the per pupil
19 amount specified in subparagraphs (b), (c), and (d),
20 immediately above shall be increased by $100 to $1,200,
21 $1,600, and $2,000, respectively.
22 (f) For the 2000-2001 school year, the per pupil
23 amounts specified in subparagraphs (b), (c) and (d)
24 immediately above shall be increased to $1,230, $1,640,
25 and $2,050, respectively.
26 (3) School districts with an Average Daily Attendance of
27 more than 1,000 and less than 50,000 that qualify for
28 supplemental general State aid pursuant to this subsection
29 shall submit a plan to the State Board of Education prior to
30 October 30 of each year for the use of the funds resulting
31 from this grant of supplemental general State aid for the
32 improvement of instruction in which priority is given to
33 meeting the education needs of disadvantaged children. Such
34 plan shall be submitted in accordance with rules and
-15- LRB9101564NTsb
1 regulations promulgated by the State Board of Education.
2 (4) School districts with an Average Daily Attendance of
3 50,000 or more that qualify for supplemental general State
4 aid pursuant to this subsection shall be required to
5 distribute from funds available pursuant to this Section, no
6 less than $261,000,000 in accordance with the following
7 requirements:
8 (a) The required amounts shall be distributed to
9 the attendance centers within the district in proportion
10 to the number of pupils enrolled at each attendance
11 center who are eligible to receive free or reduced-price
12 lunches or breakfasts under the federal Child Nutrition
13 Act of 1966 and under the National School Lunch Act
14 during the immediately preceding school year.
15 (b) The distribution of these portions of
16 supplemental and general State aid among attendance
17 centers according to these requirements shall not be
18 compensated for or contravened by adjustments of the
19 total of other funds appropriated to any attendance
20 centers, and the Board of Education shall utilize funding
21 from one or several sources in order to fully implement
22 this provision annually prior to the opening of school.
23 (c) Each attendance center shall be provided by the
24 school district a distribution of noncategorical funds
25 and other categorical funds to which an attendance center
26 is entitled under law in order that the general State aid
27 and supplemental general State aid provided by
28 application of this subsection supplements rather than
29 supplants the noncategorical funds and other categorical
30 funds provided by the school district to the attendance
31 centers.
32 (d) Any funds made available under this subsection
33 that by reason of the provisions of this subsection are
34 not required to be allocated and provided to attendance
-16- LRB9101564NTsb
1 centers may be used and appropriated by the board of the
2 district for any lawful school purpose.
3 (e) Funds received by an attendance center pursuant
4 to this subsection shall be used by the attendance center
5 at the discretion of the principal and local school
6 council for programs to improve educational opportunities
7 at qualifying schools through the following programs and
8 services: early childhood education, reduced class size
9 or improved adult to student classroom ratio, enrichment
10 programs, remedial assistance, attendance improvement,
11 and other educationally beneficial expenditures which
12 supplement the regular and basic programs as determined
13 by the State Board of Education. Funds provided shall
14 not be expended for any political or lobbying purposes as
15 defined by board rule.
16 (f) Each district subject to the provisions of this
17 subdivision (H)(4) shall submit an acceptable plan to
18 meet the educational needs of disadvantaged children, in
19 compliance with the requirements of this paragraph, to
20 the State Board of Education prior to July 15 of each
21 year. This plan shall be consistent with the decisions of
22 local school councils concerning the school expenditure
23 plans developed in accordance with part 4 of Section
24 34-2.3. The State Board shall approve or reject the plan
25 within 60 days after its submission. If the plan is
26 rejected, the district shall give written notice of
27 intent to modify the plan within 15 days of the
28 notification of rejection and then submit a modified plan
29 within 30 days after the date of the written notice of
30 intent to modify. Districts may amend approved plans
31 pursuant to rules promulgated by the State Board of
32 Education.
33 Upon notification by the State Board of Education
34 that the district has not submitted a plan prior to July
-17- LRB9101564NTsb
1 15 or a modified plan within the time period specified
2 herein, the State aid funds affected by that plan or
3 modified plan shall be withheld by the State Board of
4 Education until a plan or modified plan is submitted.
5 If the district fails to distribute State aid to
6 attendance centers in accordance with an approved plan,
7 the plan for the following year shall allocate funds, in
8 addition to the funds otherwise required by this
9 subsection, to those attendance centers which were
10 underfunded during the previous year in amounts equal to
11 such underfunding.
12 For purposes of determining compliance with this
13 subsection in relation to the requirements of attendance
14 center funding, each district subject to the provisions
15 of this subsection shall submit as a separate document by
16 December 1 of each year a report of expenditure data for
17 the prior year in addition to any modification of its
18 current plan. If it is determined that there has been a
19 failure to comply with the expenditure provisions of this
20 subsection regarding contravention or supplanting, the
21 State Superintendent of Education shall, within 60 days
22 of receipt of the report, notify the district and any
23 affected local school council. The district shall within
24 45 days of receipt of that notification inform the State
25 Superintendent of Education of the remedial or corrective
26 action to be taken, whether by amendment of the current
27 plan, if feasible, or by adjustment in the plan for the
28 following year. Failure to provide the expenditure
29 report or the notification of remedial or corrective
30 action in a timely manner shall result in a withholding
31 of the affected funds.
32 The State Board of Education shall promulgate rules
33 and regulations to implement the provisions of this
34 subsection. No funds shall be released under this
-18- LRB9101564NTsb
1 subdivision (H)(4) to any district that has not submitted
2 a plan that has been approved by the State Board of
3 Education.
4 (I) General State Aid for Newly Configured School Districts.
5 (1) For a new school district formed by combining
6 property included totally within 2 or more previously
7 existing school districts, for its first year of existence
8 the general State aid and supplemental general State aid
9 calculated under this Section shall be computed for the new
10 district and for the previously existing districts for which
11 property is totally included within the new district. If the
12 computation on the basis of the previously existing districts
13 is greater, a supplementary payment equal to the difference
14 shall be made for the first 4 years of existence of the new
15 district.
16 (2) For a school district which annexes all of the
17 territory of one or more entire other school districts, for
18 the first year during which the change of boundaries
19 attributable to such annexation becomes effective for all
20 purposes as determined under Section 7-9 or 7A-8, the general
21 State aid and supplemental general State aid calculated under
22 this Section shall be computed for the annexing district as
23 constituted after the annexation and for the annexing and
24 each annexed district as constituted prior to the annexation;
25 and if the computation on the basis of the annexing and
26 annexed districts as constituted prior to the annexation is
27 greater, a supplementary payment equal to the difference
28 shall be made for the first 4 years of existence of the
29 annexing school district as constituted upon such annexation.
30 (3) For 2 or more school districts which annex all of
31 the territory of one or more entire other school districts,
32 and for 2 or more community unit districts which result upon
33 the division (pursuant to petition under Section 11A-2) of
34 one or more other unit school districts into 2 or more parts
-19- LRB9101564NTsb
1 and which together include all of the parts into which such
2 other unit school district or districts are so divided, for
3 the first year during which the change of boundaries
4 attributable to such annexation or division becomes effective
5 for all purposes as determined under Section 7-9 or 11A-10,
6 as the case may be, the general State aid and supplemental
7 general State aid calculated under this Section shall be
8 computed for each annexing or resulting district as
9 constituted after the annexation or division and for each
10 annexing and annexed district, or for each resulting and
11 divided district, as constituted prior to the annexation or
12 division; and if the aggregate of the general State aid and
13 supplemental general State aid as so computed for the
14 annexing or resulting districts as constituted after the
15 annexation or division is less than the aggregate of the
16 general State aid and supplemental general State aid as so
17 computed for the annexing and annexed districts, or for the
18 resulting and divided districts, as constituted prior to the
19 annexation or division, then a supplementary payment equal to
20 the difference shall be made and allocated between or among
21 the annexing or resulting districts, as constituted upon such
22 annexation or division, for the first 4 years of their
23 existence. The total difference payment shall be allocated
24 between or among the annexing or resulting districts in the
25 same ratio as the pupil enrollment from that portion of the
26 annexed or divided district or districts which is annexed to
27 or included in each such annexing or resulting district bears
28 to the total pupil enrollment from the entire annexed or
29 divided district or districts, as such pupil enrollment is
30 determined for the school year last ending prior to the date
31 when the change of boundaries attributable to the annexation
32 or division becomes effective for all purposes. The amount
33 of the total difference payment and the amount thereof to be
34 allocated to the annexing or resulting districts shall be
-20- LRB9101564NTsb
1 computed by the State Board of Education on the basis of
2 pupil enrollment and other data which shall be certified to
3 the State Board of Education, on forms which it shall provide
4 for that purpose, by the regional superintendent of schools
5 for each educational service region in which the annexing and
6 annexed districts, or resulting and divided districts are
7 located.
8 (3.5) Claims for financial assistance under this
9 subsection (I) shall not be recomputed except as expressly
10 provided under this Section.
11 (4) Any supplementary payment made under this subsection
12 (I) shall be treated as separate from all other payments made
13 pursuant to this Section.
14 (J) Supplementary Grants in Aid.
15 (1) Notwithstanding any other provisions of this
16 Section, the amount of the aggregate general State aid in
17 combination with supplemental general State aid under this
18 Section for which each school district is eligible shall be
19 no less than the amount of the aggregate general State aid
20 entitlement that was received by the district under Section
21 18-8 (exclusive of amounts received under subsections 5(p)
22 and 5(p-5) of that Section) for the 1997-98 school year,
23 pursuant to the provisions of that Section as it was then in
24 effect. If a school district qualifies to receive a
25 supplementary payment made under this subsection (J), the
26 amount of the aggregate general State aid in combination with
27 supplemental general State aid under this Section which that
28 district is eligible to receive for each school year shall be
29 no less than the amount of the aggregate general State aid
30 entitlement that was received by the district under Section
31 18-8 (exclusive of amounts received under subsections 5(p)
32 and 5(p-5) of that Section) for the 1997-1998 school year,
33 pursuant to the provisions of that Section as it was then in
34 effect.
-21- LRB9101564NTsb
1 (2) If, as provided in paragraph (1) of this subsection
2 (J), a school district is to receive aggregate general State
3 aid in combination with supplemental general State aid under
4 this Section for the 1998-99 school year and any subsequent
5 school year that in any such school year is less than the
6 amount of the aggregate general State aid entitlement that
7 the district received for the 1997-98 school year, the school
8 district shall also receive, from a separate appropriation
9 made for purposes of this subsection (J), a supplementary
10 payment that is equal to the amount of the difference in the
11 aggregate State aid figures as described in paragraph (1).
12 (3) (Blank).
13 (K) Grants to Laboratory and Alternative Schools.
14 In calculating the amount to be paid to the governing
15 board of a public university that operates a laboratory
16 school under this Section or to any alternative school that
17 is operated by a regional superintendent of schools, the
18 State Board of Education shall require by rule such reporting
19 requirements as it deems necessary.
20 As used in this Section, "laboratory school" means a
21 public school which is created and operated by a public
22 university and approved by the State Board of Education. The
23 governing board of a public university which receives funds
24 from the State Board under this subsection (K) may not
25 increase the number of students enrolled in its laboratory
26 school from a single district, if that district is already
27 sending 50 or more students, except under a mutual agreement
28 between the school board of a student's district of residence
29 and the university which operates the laboratory school. A
30 laboratory school may not have more than 1,000 students,
31 excluding students with disabilities in a special education
32 program.
33 As used in this Section, "alternative school" means a
34 public school which is created and operated by a Regional
-22- LRB9101564NTsb
1 Superintendent of Schools and approved by the State Board of
2 Education. Such alternative schools may offer courses of
3 instruction for which credit is given in regular school
4 programs, courses to prepare students for the high school
5 equivalency testing program or vocational and occupational
6 training. A regional superintendent of schools may contract
7 with a school district or a public community college district
8 to operate an alternative school. An alternative school
9 serving more than one educational service region may be
10 established by the regional superintendents of schools of
11 those the affected educational service regions. An
12 alternative school serving more than one educational service
13 region may be operated under such terms as the regional
14 superintendents of schools of those educational service
15 regions may agree.
16 Each laboratory and alternative school shall file, on
17 forms provided by the State Superintendent of Education, an
18 annual State aid claim which states the Average Daily
19 Attendance of the school's students by month. The best 3
20 months' Average Daily Attendance shall be computed for each
21 school. The general State aid entitlement shall be computed
22 by multiplying the applicable Average Daily Attendance by the
23 Foundation Level as determined under this Section.
24 (L) Payments, Additional Grants in Aid and Other
25 Requirements.
26 (1) For a school district operating under the financial
27 supervision of an Authority created under Article 34A, the
28 general State aid otherwise payable to that district under
29 this Section, but not the supplemental general State aid,
30 shall be reduced by an amount equal to the budget for the
31 operations of the Authority as certified by the Authority to
32 the State Board of Education, and an amount equal to such
33 reduction shall be paid to the Authority created for such
34 district for its operating expenses in the manner provided in
-23- LRB9101564NTsb
1 Section 18-11. The remainder of general State school aid for
2 any such district shall be paid in accordance with Article
3 34A when that Article provides for a disposition other than
4 that provided by this Article.
5 (2) Impaction. Impaction payments shall be made as
6 provided for in Section 18-4.2.
7 (3) Summer school. Summer school payments shall be made
8 as provided in Section 18-4.3.
9 (M) Education Funding Advisory Board.
10 The Education Funding Advisory Board, hereinafter in this
11 subsection (M) referred to as the "Board", is hereby created.
12 The Board shall consist of 5 members who are appointed by the
13 Governor, by and with the advice and consent of the Senate.
14 The members appointed shall include representatives of
15 education, business, and the general public. One of the
16 members so appointed shall be designated by the Governor at
17 the time the appointment is made as the chairperson of the
18 Board. The initial members of the Board may be appointed any
19 time after the effective date of this amendatory Act of 1997.
20 The regular term of each member of the Board shall be for 4
21 years from the third Monday of January of the year in which
22 the term of the member's appointment is to commence, except
23 that of the 5 initial members appointed to serve on the
24 Board, the member who is appointed as the chairperson shall
25 serve for a term that commences on the date of his or her
26 appointment and expires on the third Monday of January, 2002,
27 and the remaining 4 members, by lots drawn at the first
28 meeting of the Board that is held after all 5 members are
29 appointed, shall determine 2 of their number to serve for
30 terms that commence on the date of their respective
31 appointments and expire on the third Monday of January, 2001,
32 and 2 of their number to serve for terms that commence on the
33 date of their respective appointments and expire on the third
34 Monday of January, 2000. All members appointed to serve on
-24- LRB9101564NTsb
1 the Board shall serve until their respective successors are
2 appointed and confirmed. Vacancies shall be filled in the
3 same manner as original appointments. If a vacancy in
4 membership occurs at a time when the Senate is not in
5 session, the Governor shall make a temporary appointment
6 until the next meeting of the Senate, when he or she shall
7 appoint, by and with the advice and consent of the Senate, a
8 person to fill that membership for the unexpired term. If
9 the Senate is not in session when the initial appointments
10 are made, those appointments shall be made as in the case of
11 vacancies.
12 The Education Funding Advisory Board shall be deemed
13 established, and the initial members appointed by the
14 Governor to serve as members of the Board shall take office,
15 on the date that the Governor makes his or her appointment of
16 the fifth initial member of the Board, whether those initial
17 members are then serving pursuant to appointment and
18 confirmation or pursuant to temporary appointments that are
19 made by the Governor as in the case of vacancies.
20 The State Board of Education shall provide such staff
21 assistance to the Education Funding Advisory Board as is
22 reasonably required for the proper performance by the Board
23 of its responsibilities.
24 For school years after the 2000-2001 school year, the
25 Education Funding Advisory Board, in consultation with the
26 State Board of Education, shall make recommendations as
27 provided in this subsection (M) to the General Assembly for
28 the foundation level under subdivision (B)(3) of this Section
29 and for the supplemental general State aid grant level under
30 subsection (H) of this Section for districts with high
31 concentrations of children from poverty. The recommended
32 foundation level shall be determined based on a methodology
33 which incorporates the basic education expenditures of
34 low-spending schools exhibiting high academic performance.
-25- LRB9101564NTsb
1 The Education Funding Advisory Board shall make such
2 recommendations to the General Assembly on January 1 of odd
3 numbered years, beginning January 1, 2001.
4 (N) (Blank). General State Aid Adjustment Grant.
5 (1) Any school district subject to property tax
6 extension limitations as imposed under the provisions of the
7 Property Tax Extension Limitation Law shall be entitled to
8 receive, subject to the qualifications and requirements of
9 this subsection, a general State aid adjustment grant.
10 Eligibility for this grant shall be determined on an annual
11 basis and claims for grant payments shall be paid subject to
12 appropriations made specific to this subsection. For
13 purposes of this subsection the following terms shall have
14 the following meanings:
15 "Budget Year": The school year for which general State
16 aid is calculated and awarded under subsection (E).
17 "Current Year": The school year immediately preceding
18 the Budget Year.
19 "Base Tax Year": The property tax levy year used to
20 calculate the Budget Year allocation of general State aid.
21 "Preceding Tax Year": The property tax levy year
22 immediately preceding the Base Tax Year.
23 "Extension Limitation Ratio": A numerical ratio,
24 certified by a school district's County Clerk, in which the
25 numerator is the Base Tax Year's tax extension amount
26 resulting from the Limiting Rate and the denominator is the
27 Preceding Tax Year's tax extension amount resulting from the
28 Limiting Rate.
29 "Limiting Rate": The limiting rate as defined in the
30 Property Tax Extension Limitation Law.
31 "Preliminary Tax Rate": The tax rate for all purposes
32 except bond and interest that would have been used to extend
33 those taxes absent the provisions of the Property Tax
34 Extension Limitation Law.
-26- LRB9101564NTsb
1 (2) To qualify for a general State aid adjustment grant,
2 a school district must meet all of the following eligibility
3 criteria for each Budget Year for which a grant is claimed:
4 (a) (Blank).
5 (b) The Preliminary Tax Rate of the school district
6 for the Base Tax Year was reduced by the Clerk of the
7 County as a result of the requirements of the Property
8 Tax Extension Limitation Law.
9 (c) The Available Local Resources per pupil of the
10 school district as calculated pursuant to subsection (D)
11 using the Base Tax Year are less than the product of 1.75
12 times the Foundation Level for the Budget Year.
13 (d) The school district has filed a proper and
14 timely claim for a general State aid adjustment grant as
15 required under this subsection.
16 (3) A claim for grant assistance under this subsection
17 shall be filed with the State Board of Education on or before
18 April 1 of the Current Year for a grant for the Budget Year.
19 The claim shall be made on forms prescribed by the State
20 Board of Education and must be accompanied by a written
21 statement from the Clerk of the County, certifying:
22 (a) That the school district had its Preliminary
23 Tax Rate for the Base Tax Year reduced as a result of the
24 Property Tax Extension Limitation Law.
25 (b) (Blank).
26 (c) The Extension Limitation Ratio as that term is
27 defined in this subsection.
28 (4) On or before August 1 of the Budget Year the State
29 Board of Education shall calculate, for all school districts
30 meeting the other requirements of this subsection, the amount
31 of the general State aid adjustment grant, if any, that the
32 school districts are eligible to receive in the Budget Year.
33 The amount of the general State aid adjustment grant shall be
34 calculated as follows:
-27- LRB9101564NTsb
1 (a) Determine the school district's general State
2 aid grant for the Budget Year as provided in accordance
3 with the provisions of subsection (E).
4 (b) Determine the school district's adjusted level
5 of general State aid by utilizing in the calculation of
6 Available Local Resources the equalized assessed
7 valuation that was used to calculate the general State
8 aid for the preceding fiscal year multiplied by the
9 Extension Limitation Ratio.
10 (c) Subtract the sum derived in subparagraph (a)
11 from the sum derived in subparagraph (b). If the result
12 is a positive number, that amount shall be the general
13 State aid adjustment grant that the district is eligible
14 to receive.
15 (5) The State Board of Education shall in the Current
16 Year, based upon claims filed in the Current Year, recommend
17 to the General Assembly an appropriation amount for the
18 general State aid adjustment grants to be made in the Budget
19 Year.
20 (6) Claims for general State aid adjustment grants shall
21 be paid in a lump sum on or before January 1 of the Budget
22 Year only from appropriations made by the General Assembly
23 expressly for claims under this subsection. No such claims
24 may be paid from amounts appropriated for any other purpose
25 provided for under this Section. In the event that the
26 appropriation for claims under this subsection is
27 insufficient to meet all Budget Year claims for a general
28 State aid adjustment grant, the appropriation available shall
29 be proportionately prorated by the State Board of Education
30 amongst all districts filing for and entitled to payments.
31 (7) The State Board of Education shall promulgate the
32 required claim forms and rules necessary to implement the
33 provisions of this subsection.
34 (O) References.
-28- LRB9101564NTsb
1 (1) References in other laws to the various subdivisions
2 of Section 18-8 as that Section existed before its repeal and
3 replacement by this Section 18-8.05 shall be deemed to refer
4 to the corresponding provisions of this Section 18-8.05, to
5 the extent that those references remain applicable.
6 (2) References in other laws to State Chapter 1 funds
7 shall be deemed to refer to the supplemental general State
8 aid provided under subsection (H) of this Section.
9 (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566;
10 90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff.
11 7-30-98; 90-802, eff. 12-15-98; revised 12-24-98.)
12 Section 99. Effective date. This Act takes effect July
13 1, 1999.