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91_SB0281
LRB9101184NTsb
1 AN ACT concerning schools, amending named Acts.
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 Sections 18-8.05 and 19-1 as follows:
6 (105 ILCS 5/18-8.05)
7 Sec. 18-8.05. Basis for apportionment of general State
8 financial aid and supplemental general State aid to the
9 common schools for the 1998-1999 and subsequent school years.
10 (A) General Provisions.
11 (1) The provisions of this Section apply to the
12 1998-1999 and subsequent school years. The system of general
13 State financial aid provided for in this Section is designed
14 to assure that, through a combination of State financial aid
15 and required local resources, the financial support provided
16 each pupil in Average Daily Attendance equals or exceeds a
17 prescribed per pupil Foundation Level. This formula approach
18 imputes a level of per pupil Available Local Resources and
19 provides for the basis to calculate a per pupil level of
20 general State financial aid that, when added to Available
21 Local Resources, equals or exceeds the Foundation Level. The
22 amount of per pupil general State financial aid for school
23 districts, in general, varies in inverse relation to
24 Available Local Resources. Per pupil amounts are based upon
25 each school district's Average Daily Attendance as that term
26 is defined in this Section.
27 (2) In addition to general State financial aid, school
28 districts with specified levels or concentrations of pupils
29 from low income households are eligible to receive
30 supplemental general State financial aid grants as provided
31 pursuant to subsection (H). The supplemental State aid grants
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1 provided for school districts under subsection (H) shall be
2 appropriated for distribution to school districts as part of
3 the same line item in which the general State financial aid
4 of school districts is appropriated under this Section.
5 (3) To receive financial assistance under this Section,
6 school districts are required to file claims with the State
7 Board of Education, subject to the following requirements:
8 (a) Any school district which fails for any given
9 school year to maintain school as required by law, or to
10 maintain a recognized school is not eligible to file for
11 such school year any claim upon the Common School Fund.
12 In case of nonrecognition of one or more attendance
13 centers in a school district otherwise operating
14 recognized schools, the claim of the district shall be
15 reduced in the proportion which the Average Daily
16 Attendance in the attendance center or centers bear to
17 the Average Daily Attendance in the school district. A
18 "recognized school" means any public school which meets
19 the standards as established for recognition by the State
20 Board of Education. A school district or attendance
21 center not having recognition status at the end of a
22 school term is entitled to receive State aid payments due
23 upon a legal claim which was filed while it was
24 recognized.
25 (b) School district claims filed under this Section
26 are subject to Sections 18-9, 18-10, and 18-12, except as
27 otherwise provided in this Section.
28 (c) If a school district operates a full year
29 school under Section 10-19.1, the general State aid to
30 the school district shall be determined by the State
31 Board of Education in accordance with this Section as
32 near as may be applicable.
33 (d) (Blank).
34 (4) Except as provided in subsections (H) and (L), the
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1 board of any district receiving any of the grants provided
2 for in this Section may apply those funds to any fund so
3 received for which that board is authorized to make
4 expenditures by law.
5 School districts are not required to exert a minimum
6 Operating Tax Rate in order to qualify for assistance under
7 this Section.
8 (5) As used in this Section the following terms, when
9 capitalized, shall have the meaning ascribed herein:
10 (a) "Average Daily Attendance": A count of pupil
11 attendance in school, averaged as provided for in
12 subsection (C) and utilized in deriving per pupil
13 financial support levels.
14 (b) "Available Local Resources": A computation of
15 local financial support, calculated on the basis of
16 Average Daily Attendance and derived as provided pursuant
17 to subsection (D).
18 (c) "Corporate Personal Property Replacement
19 Taxes": Funds paid to local school districts pursuant to
20 "An Act in relation to the abolition of ad valorem
21 personal property tax and the replacement of revenues
22 lost thereby, and amending and repealing certain Acts and
23 parts of Acts in connection therewith", certified August
24 14, 1979, as amended (Public Act 81-1st S.S.-1).
25 (d) "Foundation Level": A prescribed level of per
26 pupil financial support as provided for in subsection
27 (B).
28 (e) "Operating Tax Rate": All school district
29 property taxes extended for all purposes, except Bond and
30 Interest, Summer School, Rent, Capital Improvement, and
31 Vocational Education Building purposes.
32 (B) Foundation Level.
33 (1) The Foundation Level is a figure established by the
34 State representing the minimum level of per pupil financial
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1 support that should be available to provide for the basic
2 education of each pupil in Average Daily Attendance. As set
3 forth in this Section, each school district is assumed to
4 exert a sufficient local taxing effort such that, in
5 combination with the aggregate of general State financial aid
6 provided the district, an aggregate of State and local
7 resources are available to meet the basic education needs of
8 pupils in the district.
9 (2) For the 1998-1999 school year, the Foundation Level
10 of support is $4,225. For the 1999-2000 school year, the
11 Foundation Level of support is $4,325. For the 2000-2001
12 school year, the Foundation Level of support is $4,425.
13 (3) For the 2001-2002 school year and each school year
14 thereafter, the Foundation Level of support is $4,425 or such
15 greater amount as may be established by law by the General
16 Assembly.
17 (C) Average Daily Attendance.
18 (1) For purposes of calculating general State aid
19 pursuant to subsection (E), an Average Daily Attendance
20 figure shall be utilized. The Average Daily Attendance
21 figure for formula calculation purposes shall be the monthly
22 average of the actual number of pupils in attendance of each
23 school district, as further averaged for the best 3 months of
24 pupil attendance for each school district. In compiling the
25 figures for the number of pupils in attendance, school
26 districts and the State Board of Education shall, for
27 purposes of general State aid funding, conform attendance
28 figures to the requirements of subsection (F).
29 (2) The Average Daily Attendance figures utilized in
30 subsection (E) shall be the requisite attendance data for the
31 school year immediately preceding the school year for which
32 general State aid is being calculated.
33 (D) Available Local Resources.
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1 (1) For purposes of calculating general State aid
2 pursuant to subsection (E), a representation of Available
3 Local Resources per pupil, as that term is defined and
4 determined in this subsection, shall be utilized. Available
5 Local Resources per pupil shall include a calculated dollar
6 amount representing local school district revenues from local
7 property taxes and from Corporate Personal Property
8 Replacement Taxes, expressed on the basis of pupils in
9 Average Daily Attendance.
10 (2) In determining a school district's revenue from
11 local property taxes, the State Board of Education shall
12 utilize the equalized assessed valuation of all taxable
13 property of each school district as of September 30 of the
14 previous year. The equalized assessed valuation utilized
15 shall be obtained and determined as provided in subsection
16 (G).
17 (3) For school districts maintaining grades kindergarten
18 through 12, local property tax revenues per pupil shall be
19 calculated as the product of the applicable equalized
20 assessed valuation for the district multiplied by 3.00%, and
21 divided by the district's Average Daily Attendance figure.
22 For school districts maintaining grades kindergarten through
23 8, local property tax revenues per pupil shall be calculated
24 as the product of the applicable equalized assessed valuation
25 for the district multiplied by 2.30%, and divided by the
26 district's Average Daily Attendance figure. For school
27 districts maintaining grades 9 through 12, local property tax
28 revenues per pupil shall be the applicable equalized assessed
29 valuation of the district multiplied by 1.10% 1.20%, and
30 divided by the district's Average Daily Attendance figure.
31 (4) The Corporate Personal Property Replacement Taxes
32 paid to each school district during the calendar year 2 years
33 before the calendar year in which a school year begins,
34 divided by the Average Daily Attendance figure for that
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1 district, shall be added to the local property tax revenues
2 per pupil as derived by the application of the immediately
3 preceding paragraph (3). The sum of these per pupil figures
4 for each school district shall constitute Available Local
5 Resources as that term is utilized in subsection (E) in the
6 calculation of general State aid.
7 (E) Computation of General State Aid.
8 (1) For each school year, the amount of general State
9 aid allotted to a school district shall be computed by the
10 State Board of Education as provided in this subsection.
11 (2) For any school district for which Available Local
12 Resources per pupil is less than the product of 0.93 times
13 the Foundation Level, general State aid for that district
14 shall be calculated as an amount equal to the Foundation
15 Level minus Available Local Resources, multiplied by the
16 Average Daily Attendance of the school district.
17 (3) For any school district for which Available Local
18 Resources per pupil is equal to or greater than the product
19 of 0.93 times the Foundation Level and less than the product
20 of 1.75 times the Foundation Level, the general State aid per
21 pupil shall be a decimal proportion of the Foundation Level
22 derived using a linear algorithm. Under this linear
23 algorithm, the calculated general State aid per pupil shall
24 decline in direct linear fashion from 0.07 times the
25 Foundation Level for a school district with Available Local
26 Resources equal to the product of 0.93 times the Foundation
27 Level, to 0.05 times the Foundation Level for a school
28 district with Available Local Resources equal to the product
29 of 1.75 times the Foundation Level. The allocation of
30 general State aid for school districts subject to this
31 paragraph 3 shall be the calculated general State aid per
32 pupil figure multiplied by the Average Daily Attendance of
33 the school district.
34 (4) For any school district for which Available Local
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1 Resources per pupil equals or exceeds the product of 1.75
2 times the Foundation Level, the general State aid for the
3 school district shall be calculated as the product of $218
4 multiplied by the Average Daily Attendance of the school
5 district.
6 (F) Compilation of Average Daily Attendance.
7 (1) Each school district shall, by July 1 of each year,
8 submit to the State Board of Education, on forms prescribed
9 by the State Board of Education, attendance figures for the
10 school year that began in the preceding calendar year. The
11 attendance information so transmitted shall identify the
12 average daily attendance figures for each month of the school
13 year, except that any days of attendance in August shall be
14 added to the month of September and any days of attendance in
15 June shall be added to the month of May.
16 Except as otherwise provided in this Section, days of
17 attendance by pupils shall be counted only for sessions of
18 not less than 5 clock hours of school work per day under
19 direct supervision of: (i) teachers, or (ii) non-teaching
20 personnel or volunteer personnel when engaging in
21 non-teaching duties and supervising in those instances
22 specified in subsection (a) of Section 10-22.34 and paragraph
23 10 of Section 34-18, with pupils of legal school age and in
24 kindergarten and grades 1 through 12.
25 Days of attendance by tuition pupils shall be accredited
26 only to the districts that pay the tuition to a recognized
27 school.
28 (2) Days of attendance by pupils of less than 5 clock
29 hours of school shall be subject to the following provisions
30 in the compilation of Average Daily Attendance.
31 (a) Pupils regularly enrolled in a public school
32 for only a part of the school day may be counted on the
33 basis of 1/6 day for every class hour of instruction of
34 40 minutes or more attended pursuant to such enrollment.
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1 (b) Days of attendance may be less than 5 clock
2 hours on the opening and closing of the school term, and
3 upon the first day of pupil attendance, if preceded by a
4 day or days utilized as an institute or teachers'
5 workshop.
6 (c) A session of 4 or more clock hours may be
7 counted as a day of attendance upon certification by the
8 regional superintendent, and approved by the State
9 Superintendent of Education to the extent that the
10 district has been forced to use daily multiple sessions.
11 (d) A session of 3 or more clock hours may be
12 counted as a day of attendance (1) when the remainder of
13 the school day or at least 2 hours in the evening of that
14 day is utilized for an in-service training program for
15 teachers, up to a maximum of 5 days per school year of
16 which a maximum of 4 days of such 5 days may be used for
17 parent-teacher conferences, provided a district conducts
18 an in-service training program for teachers which has
19 been approved by the State Superintendent of Education;
20 or, in lieu of 4 such days, 2 full days may be used, in
21 which event each such day may be counted as a day of
22 attendance; and (2) when days in addition to those
23 provided in item (1) are scheduled by a school pursuant
24 to its school improvement plan adopted under Article 34
25 or its revised or amended school improvement plan adopted
26 under Article 2, provided that (i) such sessions of 3 or
27 more clock hours are scheduled to occur at regular
28 intervals, (ii) the remainder of the school days in which
29 such sessions occur are utilized for in-service training
30 programs or other staff development activities for
31 teachers, and (iii) a sufficient number of minutes of
32 school work under the direct supervision of teachers are
33 added to the school days between such regularly scheduled
34 sessions to accumulate not less than the number of
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1 minutes by which such sessions of 3 or more clock hours
2 fall short of 5 clock hours. Any full days used for the
3 purposes of this paragraph shall not be considered for
4 computing average daily attendance. Days scheduled for
5 in-service training programs, staff development
6 activities, or parent-teacher conferences may be
7 scheduled separately for different grade levels and
8 different attendance centers of the district.
9 (e) A session of not less than one clock hour of
10 teaching of hospitalized or homebound pupils on-site or
11 by telephone to the classroom may be counted as 1/2 day
12 of attendance, however these pupils must receive 4 or
13 more clock hours of instruction to be counted for a full
14 day of attendance.
15 (f) A session of at least 4 clock hours may be
16 counted as a day of attendance for first grade pupils,
17 and pupils in full day kindergartens, and a session of 2
18 or more hours may be counted as 1/2 day of attendance by
19 pupils in kindergartens which provide only 1/2 day of
20 attendance.
21 (g) For children with disabilities who are below
22 the age of 6 years and who cannot attend 2 or more clock
23 hours because of their disability or immaturity, a
24 session of not less than one clock hour may be counted as
25 1/2 day of attendance; however for such children whose
26 educational needs so require a session of 4 or more clock
27 hours may be counted as a full day of attendance.
28 (h) A recognized kindergarten which provides for
29 only 1/2 day of attendance by each pupil shall not have
30 more than 1/2 day of attendance counted in any one 1 day.
31 However, kindergartens may count 2 1/2 days of attendance
32 in any 5 consecutive school days. When a pupil attends
33 such a kindergarten for 2 half days on any one school
34 day, the pupil shall have the following day as a day
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1 absent from school, unless the school district obtains
2 permission in writing from the State Superintendent of
3 Education. Attendance at kindergartens which provide for
4 a full day of attendance by each pupil shall be counted
5 the same as attendance by first grade pupils. Only the
6 first year of attendance in one kindergarten shall be
7 counted, except in case of children who entered the
8 kindergarten in their fifth year whose educational
9 development requires a second year of kindergarten as
10 determined under the rules and regulations of the State
11 Board of Education.
12 (G) Equalized Assessed Valuation Data.
13 (1) For purposes of the calculation of Available Local
14 Resources required pursuant to subsection (D), the State
15 Board of Education shall secure from the Department of
16 Revenue the value as equalized or assessed by the Department
17 of Revenue of all taxable property of every school district
18 together with the applicable tax rate used in extending taxes
19 for the funds of the district as of September 30 of the
20 previous year.
21 This equalized assessed valuation, as adjusted further by
22 the requirements of this subsection, shall be utilized in the
23 calculation of Available Local Resources.
24 (2) The equalized assessed valuation in paragraph (1)
25 shall be adjusted, as applicable, in the following manner:
26 (a) For the purposes of calculating State aid under
27 this Section, with respect to any part of a school
28 district within a redevelopment project area in respect
29 to which a municipality has adopted tax increment
30 allocation financing pursuant to the Tax Increment
31 Allocation Redevelopment Act, Sections 11-74.4-1 through
32 11-74.4-11 of the Illinois Municipal Code or the
33 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
34 11-74.6-50 of the Illinois Municipal Code, no part of the
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1 current equalized assessed valuation of real property
2 located in any such project area which is attributable to
3 an increase above the total initial equalized assessed
4 valuation of such property shall be used as part of the
5 equalized assessed valuation of the district, until such
6 time as all redevelopment project costs have been paid,
7 as provided in Section 11-74.4-8 of the Tax Increment
8 Allocation Redevelopment Act or in Section 11-74.6-35 of
9 the Industrial Jobs Recovery Law. For the purpose of the
10 equalized assessed valuation of the district, the total
11 initial equalized assessed valuation or the current
12 equalized assessed valuation, whichever is lower, shall
13 be used until such time as all redevelopment project
14 costs have been paid.
15 (b) The real property equalized assessed valuation
16 for a school district shall be adjusted by subtracting
17 from the real property value as equalized or assessed by
18 the Department of Revenue for the district an amount
19 computed by dividing the amount of any abatement of taxes
20 under Section 18-170 of the Property Tax Code by 3.00%
21 for a district maintaining grades kindergarten through 12
22 , or by 2.30% for a district maintaining grades
23 kindergarten through 8, or by 1.10% 1.20% for a district
24 maintaining grades 9 through 12 and adjusted by an amount
25 computed by dividing the amount of any abatement of taxes
26 under subsection (a) of Section 18-165 of the Property
27 Tax Code by the same percentage rates for district type
28 as specified in this subparagraph (b) (c).
29 (H) Supplemental General State Aid.
30 (1) In addition to the general State aid a school
31 district is allotted pursuant to subsection (E), qualifying
32 school districts shall receive a grant, paid in conjunction
33 with a district's payments of general State aid, for
34 supplemental general State aid based upon the concentration
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1 level of children from low-income households within the
2 school district. Supplemental State aid grants provided for
3 school districts under this subsection shall be appropriated
4 for distribution to school districts as part of the same line
5 item in which the general State financial aid of school
6 districts is appropriated under this Section. For purposes of
7 this subsection, the term "Low-Income Concentration Level"
8 shall be the low-income eligible pupil count from the most
9 recently available federal census divided by the Average
10 Daily Attendance of the school district, except that for
11 purposes of determining the supplemental general State aid
12 grant to be provided under this subsection for the 2000-2001
13 and the 2001-2002 school years to a qualifying school
14 district that has a population of less than 500,000
15 inhabitants, the "Low-Income Concentration Level" shall be
16 the low-income eligible pupil count from the most recently
17 available federal census divided (i) for the 2000-2001 school
18 year, by the Average Daily Attendance of the school district
19 for the 1998-1999 school year or by the Average Daily
20 Attendance of the school district for the 1999-2000 school
21 year, whichever is lower, and (ii) for the 2001-2002 school
22 year, by the Average Daily Attendance of the school district
23 for the 1998-1999 school year, by the Average Daily
24 Attendance of the school district for the 1999-2000 school
25 year, or by the Average Daily Attendance of the school
26 district for the 2000-2001 school year, whichever is the
27 lowest.
28 (2) Supplemental general State aid pursuant to this
29 subsection shall be provided as follows:
30 (a) For any school district with a Low Income
31 Concentration Level of at least 20% and less than 35%,
32 the grant for any school year shall be $800 multiplied by
33 the low income eligible pupil count.
34 (b) For any school district with a Low Income
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1 Concentration Level of at least 35% and less than 50%,
2 the grant for the 1998-1999 school year shall be $1,100
3 multiplied by the low income eligible pupil count.
4 (c) For any school district with a Low Income
5 Concentration Level of at least 50% and less than 60%,
6 the grant for the 1998-99 school year shall be $1,500
7 multiplied by the low income eligible pupil count.
8 (d) For any school district with a Low Income
9 Concentration Level of 60% or more, the grant for the
10 1998-99 school year shall be $1,900 multiplied by the low
11 income eligible pupil count.
12 (e) For the 1999-2000 school year, the per pupil
13 amount specified in subparagraphs (b), (c), and (d),
14 immediately above shall be increased by $100 to $1,200,
15 $1,600, and $2,000, respectively.
16 (f) For the 2000-2001 school year, the per pupil
17 amounts specified in subparagraphs (b), (c) and (d)
18 immediately above shall be increased to $1,230, $1,640,
19 and $2,050, respectively.
20 (3) School districts with an Average Daily Attendance of
21 more than 1,000 and less than 50,000 that qualify for
22 supplemental general State aid pursuant to this subsection
23 shall submit a plan to the State Board of Education prior to
24 October 30 of each year for the use of the funds resulting
25 from this grant of supplemental general State aid for the
26 improvement of instruction in which priority is given to
27 meeting the education needs of disadvantaged children. Such
28 plan shall be submitted in accordance with rules and
29 regulations promulgated by the State Board of Education.
30 (4) School districts with an Average Daily Attendance of
31 50,000 or more that qualify for supplemental general State
32 aid pursuant to this subsection shall be required to
33 distribute from funds available pursuant to this Section, no
34 less than $261,000,000 in accordance with the following
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1 requirements:
2 (a) The required amounts shall be distributed to
3 the attendance centers within the district in proportion
4 to the number of pupils enrolled at each attendance
5 center who are eligible to receive free or reduced-price
6 lunches or breakfasts under the federal Child Nutrition
7 Act of 1966 and under the National School Lunch Act
8 during the immediately preceding school year.
9 (b) The distribution of these portions of
10 supplemental and general State aid among attendance
11 centers according to these requirements shall not be
12 compensated for or contravened by adjustments of the
13 total of other funds appropriated to any attendance
14 centers, and the Board of Education shall utilize funding
15 from one or several sources in order to fully implement
16 this provision annually prior to the opening of school.
17 (c) Each attendance center shall be provided by the
18 school district a distribution of noncategorical funds
19 and other categorical funds to which an attendance center
20 is entitled under law in order that the general State aid
21 and supplemental general State aid provided by
22 application of this subsection supplements rather than
23 supplants the noncategorical funds and other categorical
24 funds provided by the school district to the attendance
25 centers.
26 (d) Any funds made available under this subsection
27 that by reason of the provisions of this subsection are
28 not required to be allocated and provided to attendance
29 centers may be used and appropriated by the board of the
30 district for any lawful school purpose.
31 (e) Funds received by an attendance center pursuant
32 to this subsection shall be used by the attendance center
33 at the discretion of the principal and local school
34 council for programs to improve educational opportunities
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1 at qualifying schools through the following programs and
2 services: early childhood education, reduced class size
3 or improved adult to student classroom ratio, enrichment
4 programs, remedial assistance, attendance improvement,
5 and other educationally beneficial expenditures which
6 supplement the regular and basic programs as determined
7 by the State Board of Education. Funds provided shall
8 not be expended for any political or lobbying purposes as
9 defined by board rule.
10 (f) Each district subject to the provisions of this
11 subdivision (H)(4) shall submit an acceptable plan to
12 meet the educational needs of disadvantaged children, in
13 compliance with the requirements of this paragraph, to
14 the State Board of Education prior to July 15 of each
15 year. This plan shall be consistent with the decisions of
16 local school councils concerning the school expenditure
17 plans developed in accordance with part 4 of Section
18 34-2.3. The State Board shall approve or reject the plan
19 within 60 days after its submission. If the plan is
20 rejected, the district shall give written notice of
21 intent to modify the plan within 15 days of the
22 notification of rejection and then submit a modified plan
23 within 30 days after the date of the written notice of
24 intent to modify. Districts may amend approved plans
25 pursuant to rules promulgated by the State Board of
26 Education.
27 Upon notification by the State Board of Education
28 that the district has not submitted a plan prior to July
29 15 or a modified plan within the time period specified
30 herein, the State aid funds affected by that plan or
31 modified plan shall be withheld by the State Board of
32 Education until a plan or modified plan is submitted.
33 If the district fails to distribute State aid to
34 attendance centers in accordance with an approved plan,
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1 the plan for the following year shall allocate funds, in
2 addition to the funds otherwise required by this
3 subsection, to those attendance centers which were
4 underfunded during the previous year in amounts equal to
5 such underfunding.
6 For purposes of determining compliance with this
7 subsection in relation to the requirements of attendance
8 center funding, each district subject to the provisions
9 of this subsection shall submit as a separate document by
10 December 1 of each year a report of expenditure data for
11 the prior year in addition to any modification of its
12 current plan. If it is determined that there has been a
13 failure to comply with the expenditure provisions of this
14 subsection regarding contravention or supplanting, the
15 State Superintendent of Education shall, within 60 days
16 of receipt of the report, notify the district and any
17 affected local school council. The district shall within
18 45 days of receipt of that notification inform the State
19 Superintendent of Education of the remedial or corrective
20 action to be taken, whether by amendment of the current
21 plan, if feasible, or by adjustment in the plan for the
22 following year. Failure to provide the expenditure
23 report or the notification of remedial or corrective
24 action in a timely manner shall result in a withholding
25 of the affected funds.
26 The State Board of Education shall promulgate rules
27 and regulations to implement the provisions of this
28 subsection. No funds shall be released under this
29 subdivision (H)(4) to any district that has not submitted
30 a plan that has been approved by the State Board of
31 Education.
32 (I) General State Aid for Newly Configured School Districts.
33 (1) For a new school district formed by combining
34 property included totally within 2 or more previously
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1 existing school districts, for its first year of existence
2 the general State aid and supplemental general State aid
3 calculated under this Section shall be computed for the new
4 district and for the previously existing districts for which
5 property is totally included within the new district. If the
6 computation on the basis of the previously existing districts
7 is greater, a supplementary payment equal to the difference
8 shall be made for the first 4 years of existence of the new
9 district.
10 (2) For a school district which annexes all of the
11 territory of one or more entire other school districts, for
12 the first year during which the change of boundaries
13 attributable to such annexation becomes effective for all
14 purposes as determined under Section 7-9 or 7A-8, the general
15 State aid and supplemental general State aid calculated under
16 this Section shall be computed for the annexing district as
17 constituted after the annexation and for the annexing and
18 each annexed district as constituted prior to the annexation;
19 and if the computation on the basis of the annexing and
20 annexed districts as constituted prior to the annexation is
21 greater, a supplementary payment equal to the difference
22 shall be made for the first 4 years of existence of the
23 annexing school district as constituted upon such annexation.
24 (3) For 2 or more school districts which annex all of
25 the territory of one or more entire other school districts,
26 and for 2 or more community unit districts which result upon
27 the division (pursuant to petition under Section 11A-2) of
28 one or more other unit school districts into 2 or more parts
29 and which together include all of the parts into which such
30 other unit school district or districts are so divided, for
31 the first year during which the change of boundaries
32 attributable to such annexation or division becomes effective
33 for all purposes as determined under Section 7-9 or 11A-10,
34 as the case may be, the general State aid and supplemental
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1 general State aid calculated under this Section shall be
2 computed for each annexing or resulting district as
3 constituted after the annexation or division and for each
4 annexing and annexed district, or for each resulting and
5 divided district, as constituted prior to the annexation or
6 division; and if the aggregate of the general State aid and
7 supplemental general State aid as so computed for the
8 annexing or resulting districts as constituted after the
9 annexation or division is less than the aggregate of the
10 general State aid and supplemental general State aid as so
11 computed for the annexing and annexed districts, or for the
12 resulting and divided districts, as constituted prior to the
13 annexation or division, then a supplementary payment equal to
14 the difference shall be made and allocated between or among
15 the annexing or resulting districts, as constituted upon such
16 annexation or division, for the first 4 years of their
17 existence. The total difference payment shall be allocated
18 between or among the annexing or resulting districts in the
19 same ratio as the pupil enrollment from that portion of the
20 annexed or divided district or districts which is annexed to
21 or included in each such annexing or resulting district bears
22 to the total pupil enrollment from the entire annexed or
23 divided district or districts, as such pupil enrollment is
24 determined for the school year last ending prior to the date
25 when the change of boundaries attributable to the annexation
26 or division becomes effective for all purposes. The amount
27 of the total difference payment and the amount thereof to be
28 allocated to the annexing or resulting districts shall be
29 computed by the State Board of Education on the basis of
30 pupil enrollment and other data which shall be certified to
31 the State Board of Education, on forms which it shall provide
32 for that purpose, by the regional superintendent of schools
33 for each educational service region in which the annexing and
34 annexed districts, or resulting and divided districts are
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1 located.
2 (3.5) Claims for financial assistance under this
3 subsection (I) shall not be recomputed except as expressly
4 provided under this Section.
5 (4) Any supplementary payment made under this subsection
6 (I) shall be treated as separate from all other payments made
7 pursuant to this Section.
8 (J) Supplementary Grants in Aid.
9 (1) Notwithstanding any other provisions of this
10 Section, the amount of the aggregate general State aid in
11 combination with supplemental general State aid under this
12 Section for which each school district is eligible shall be
13 no less than the amount of the aggregate general State aid
14 entitlement that was received by the district under Section
15 18-8 (exclusive of amounts received under subsections 5(p)
16 and 5(p-5) of that Section) for the 1997-98 school year,
17 pursuant to the provisions of that Section as it was then in
18 effect. If a school district qualifies to receive a
19 supplementary payment made under this subsection (J), the
20 amount of the aggregate general State aid in combination with
21 supplemental general State aid under this Section which that
22 district is eligible to receive for each school year shall be
23 no less than the amount of the aggregate general State aid
24 entitlement that was received by the district under Section
25 18-8 (exclusive of amounts received under subsections 5(p)
26 and 5(p-5) of that Section) for the 1997-1998 school year,
27 pursuant to the provisions of that Section as it was then in
28 effect.
29 (2) If, as provided in paragraph (1) of this subsection
30 (J), a school district is to receive aggregate general State
31 aid in combination with supplemental general State aid under
32 this Section for the 1998-99 school year and any subsequent
33 school year that in any such school year is less than the
34 amount of the aggregate general State aid entitlement that
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1 the district received for the 1997-98 school year, the school
2 district shall also receive, from a separate appropriation
3 made for purposes of this subsection (J), a supplementary
4 payment that is equal to the amount of the difference in the
5 aggregate State aid figures as described in paragraph (1).
6 (3) (Blank).
7 (K) Grants to Laboratory and Alternative Schools.
8 In calculating the amount to be paid to the governing
9 board of a public university that operates a laboratory
10 school under this Section or to any alternative school that
11 is operated by a regional superintendent of schools, the
12 State Board of Education shall require by rule such reporting
13 requirements as it deems necessary.
14 As used in this Section, "laboratory school" means a
15 public school which is created and operated by a public
16 university and approved by the State Board of Education. The
17 governing board of a public university which receives funds
18 from the State Board under this subsection (K) may not
19 increase the number of students enrolled in its laboratory
20 school from a single district, if that district is already
21 sending 50 or more students, except under a mutual agreement
22 between the school board of a student's district of residence
23 and the university which operates the laboratory school. A
24 laboratory school may not have more than 1,000 students,
25 excluding students with disabilities in a special education
26 program.
27 As used in this Section, "alternative school" means a
28 public school which is created and operated by a Regional
29 Superintendent of Schools and approved by the State Board of
30 Education. Such alternative schools may offer courses of
31 instruction for which credit is given in regular school
32 programs, courses to prepare students for the high school
33 equivalency testing program or vocational and occupational
34 training. A regional superintendent of schools may contract
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1 with a school district or a public community college district
2 to operate an alternative school. An alternative school
3 serving more than one educational service region may be
4 established by the regional superintendents of schools of
5 those the affected educational service regions. An
6 alternative school serving more than one educational service
7 region may be operated under such terms as the regional
8 superintendents of schools of those educational service
9 regions may agree.
10 Each laboratory and alternative school shall file, on
11 forms provided by the State Superintendent of Education, an
12 annual State aid claim which states the Average Daily
13 Attendance of the school's students by month. The best 3
14 months' Average Daily Attendance shall be computed for each
15 school. The general State aid entitlement shall be computed
16 by multiplying the applicable Average Daily Attendance by the
17 Foundation Level as determined under this Section.
18 (L) Payments, Additional Grants in Aid and Other
19 Requirements.
20 (1) For a school district operating under the financial
21 supervision of an Authority created under Article 34A, the
22 general State aid otherwise payable to that district under
23 this Section, but not the supplemental general State aid,
24 shall be reduced by an amount equal to the budget for the
25 operations of the Authority as certified by the Authority to
26 the State Board of Education, and an amount equal to such
27 reduction shall be paid to the Authority created for such
28 district for its operating expenses in the manner provided in
29 Section 18-11. The remainder of general State school aid for
30 any such district shall be paid in accordance with Article
31 34A when that Article provides for a disposition other than
32 that provided by this Article.
33 (2) Impaction. Impaction payments shall be made as
34 provided for in Section 18-4.2.
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1 (3) Summer school. Summer school payments shall be made
2 as provided in Section 18-4.3.
3 (M) Education Funding Advisory Board.
4 The Education Funding Advisory Board, hereinafter in this
5 subsection (M) referred to as the "Board", is hereby created.
6 The Board shall consist of 5 members who are appointed by the
7 Governor, by and with the advice and consent of the Senate.
8 The members appointed shall include representatives of
9 education, business, and the general public. One of the
10 members so appointed shall be designated by the Governor at
11 the time the appointment is made as the chairperson of the
12 Board. The initial members of the Board may be appointed any
13 time after the effective date of this amendatory Act of 1997.
14 The regular term of each member of the Board shall be for 4
15 years from the third Monday of January of the year in which
16 the term of the member's appointment is to commence, except
17 that of the 5 initial members appointed to serve on the
18 Board, the member who is appointed as the chairperson shall
19 serve for a term that commences on the date of his or her
20 appointment and expires on the third Monday of January, 2002,
21 and the remaining 4 members, by lots drawn at the first
22 meeting of the Board that is held after all 5 members are
23 appointed, shall determine 2 of their number to serve for
24 terms that commence on the date of their respective
25 appointments and expire on the third Monday of January, 2001,
26 and 2 of their number to serve for terms that commence on the
27 date of their respective appointments and expire on the third
28 Monday of January, 2000. All members appointed to serve on
29 the Board shall serve until their respective successors are
30 appointed and confirmed. Vacancies shall be filled in the
31 same manner as original appointments. If a vacancy in
32 membership occurs at a time when the Senate is not in
33 session, the Governor shall make a temporary appointment
34 until the next meeting of the Senate, when he or she shall
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1 appoint, by and with the advice and consent of the Senate, a
2 person to fill that membership for the unexpired term. If
3 the Senate is not in session when the initial appointments
4 are made, those appointments shall be made as in the case of
5 vacancies.
6 The Education Funding Advisory Board shall be deemed
7 established, and the initial members appointed by the
8 Governor to serve as members of the Board shall take office,
9 on the date that the Governor makes his or her appointment of
10 the fifth initial member of the Board, whether those initial
11 members are then serving pursuant to appointment and
12 confirmation or pursuant to temporary appointments that are
13 made by the Governor as in the case of vacancies.
14 The State Board of Education shall provide such staff
15 assistance to the Education Funding Advisory Board as is
16 reasonably required for the proper performance by the Board
17 of its responsibilities.
18 For school years after the 2000-2001 school year, the
19 Education Funding Advisory Board, in consultation with the
20 State Board of Education, shall make recommendations as
21 provided in this subsection (M) to the General Assembly for
22 the foundation level under subdivision (B)(3) of this Section
23 and for the supplemental general State aid grant level under
24 subsection (H) of this Section for districts with high
25 concentrations of children from poverty. The recommended
26 foundation level shall be determined based on a methodology
27 which incorporates the basic education expenditures of
28 low-spending schools exhibiting high academic performance.
29 The Education Funding Advisory Board shall make such
30 recommendations to the General Assembly on January 1 of odd
31 numbered years, beginning January 1, 2001.
32 (N) General State Aid Adjustment Grant.
33 (1) Any school district subject to property tax
34 extension limitations as imposed under the provisions of the
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1 Property Tax Extension Limitation Law shall be entitled to
2 receive, subject to the qualifications and requirements of
3 this subsection, a general State aid adjustment grant.
4 Eligibility for this grant shall be determined on an annual
5 basis and claims for grant payments shall be paid subject to
6 appropriations made specific to this subsection. For
7 purposes of this subsection the following terms shall have
8 the following meanings:
9 "Budget Year": The school year for which general State
10 aid is calculated and awarded under subsection (E).
11 "Current Year": The school year immediately preceding
12 the Budget Year.
13 "Base Tax Year": The property tax levy year used to
14 calculate the Budget Year allocation of general State aid.
15 "Preceding Tax Year": The property tax levy year
16 immediately preceding the Base Tax Year.
17 "Extension Limitation Ratio": A numerical ratio,
18 certified by a school district's County Clerk, in which the
19 numerator is the Base Tax Year's tax extension amount
20 resulting from the Limiting Rate and the denominator is the
21 Preceding Tax Year's tax extension amount resulting from the
22 Limiting Rate.
23 "Limiting Rate": The limiting rate as defined in the
24 Property Tax Extension Limitation Law.
25 "Preliminary Tax Rate": The tax rate for all purposes
26 except bond and interest that would have been used to extend
27 those taxes absent the provisions of the Property Tax
28 Extension Limitation Law.
29 (2) To qualify for a general State aid adjustment grant,
30 a school district must meet all of the following eligibility
31 criteria for each Budget Year for which a grant is claimed:
32 (a) (Blank).
33 (b) The Preliminary Tax Rate of the school district
34 for the Base Tax Year was reduced by the Clerk of the
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1 County as a result of the requirements of the Property
2 Tax Extension Limitation Law.
3 (c) The Available Local Resources per pupil of the
4 school district as calculated pursuant to subsection (D)
5 using the Base Tax Year are less than the product of 1.75
6 times the Foundation Level for the Budget Year.
7 (d) The school district has filed a proper and
8 timely claim for a general State aid adjustment grant as
9 required under this subsection.
10 (3) A claim for grant assistance under this subsection
11 shall be filed with the State Board of Education on or before
12 April 1 of the Current Year for a grant for the Budget Year.
13 The claim shall be made on forms prescribed by the State
14 Board of Education and must be accompanied by a written
15 statement from the Clerk of the County, certifying:
16 (a) That the school district had its Preliminary
17 Tax Rate for the Base Tax Year reduced as a result of the
18 Property Tax Extension Limitation Law.
19 (b) (Blank).
20 (c) The Extension Limitation Ratio as that term is
21 defined in this subsection.
22 (4) On or before August 1 of the Budget Year the State
23 Board of Education shall calculate, for all school districts
24 meeting the other requirements of this subsection, the amount
25 of the general State aid adjustment grant, if any, that the
26 school districts are eligible to receive in the Budget Year.
27 The amount of the general State aid adjustment grant shall be
28 calculated as follows:
29 (a) Determine the school district's general State
30 aid grant for the Budget Year as provided in accordance
31 with the provisions of subsection (E).
32 (b) Determine the school district's adjusted level
33 of general State aid by utilizing in the calculation of
34 Available Local Resources the equalized assessed
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1 valuation that was used to calculate the general State
2 aid for the preceding fiscal year multiplied by the
3 Extension Limitation Ratio.
4 (c) Subtract the sum derived in subparagraph (a)
5 from the sum derived in subparagraph (b). If the result
6 is a positive number, that amount shall be the general
7 State aid adjustment grant that the district is eligible
8 to receive.
9 (5) The State Board of Education shall in the Current
10 Year, based upon claims filed in the Current Year, recommend
11 to the General Assembly an appropriation amount for the
12 general State aid adjustment grants to be made in the Budget
13 Year.
14 (6) Claims for general State aid adjustment grants shall
15 be paid in a lump sum on or before January 1 of the Budget
16 Year only from appropriations made by the General Assembly
17 expressly for claims under this subsection. No such claims
18 may be paid from amounts appropriated for any other purpose
19 provided for under this Section. In the event that the
20 appropriation for claims under this subsection is
21 insufficient to meet all Budget Year claims for a general
22 State aid adjustment grant, the appropriation available shall
23 be proportionately prorated by the State Board of Education
24 amongst all districts filing for and entitled to payments.
25 (7) The State Board of Education shall promulgate the
26 required claim forms and rules necessary to implement the
27 provisions of this subsection.
28 (O) References.
29 (1) References in other laws to the various subdivisions
30 of Section 18-8 as that Section existed before its repeal and
31 replacement by this Section 18-8.05 shall be deemed to refer
32 to the corresponding provisions of this Section 18-8.05, to
33 the extent that those references remain applicable.
34 (2) References in other laws to State Chapter 1 funds
-27- LRB9101184NTsb
1 shall be deemed to refer to the supplemental general State
2 aid provided under subsection (H) of this Section.
3 (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566;
4 90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff.
5 7-30-98; 90-802, eff. 12-15-98; revised 12-24-98.)
6 (105 ILCS 5/19-1) (from Ch. 122, par. 19-1)
7 Sec. 19-1. Debt limitations of school districts.
8 (a) School districts shall not be subject to the
9 provisions limiting their indebtedness prescribed in "An Act
10 to limit the indebtedness of counties having a population of
11 less than 500,000 and townships, school districts and other
12 municipal corporations having a population of less than
13 300,000", approved February 15, 1928, as amended.
14 No school districts maintaining grades K through 8 or 9
15 through 12 shall become indebted in any manner or for any
16 purpose to an amount, including existing indebtedness, in the
17 aggregate exceeding 6.9% on the value of the taxable property
18 therein to be ascertained by the last assessment for State
19 and county taxes or, until January 1, 1983, if greater, the
20 sum that is produced by multiplying the school district's
21 1978 equalized assessed valuation by the debt limitation
22 percentage in effect on January 1, 1979, previous to the
23 incurring of such indebtedness.
24 No school districts maintaining grades K through 12 shall
25 become indebted in any manner or for any purpose to an
26 amount, including existing indebtedness, in the aggregate
27 exceeding 13.8% on the value of the taxable property therein
28 to be ascertained by the last assessment for State and county
29 taxes or, until January 1, 1983, if greater, the sum that is
30 produced by multiplying the school district's 1978 equalized
31 assessed valuation by the debt limitation percentage in
32 effect on January 1, 1979, previous to the incurring of such
33 indebtedness.
-28- LRB9101184NTsb
1 Notwithstanding the provisions of any other law to the
2 contrary, in any case in which the voters of a school
3 district have approved a proposition for the issuance of
4 bonds of such school district at an election held prior to
5 January 1, 1979, and all of the bonds approved at such
6 election have not been issued, the debt limitation applicable
7 to such school district during the calendar year 1979 shall
8 be computed by multiplying the value of taxable property
9 therein, including personal property, as ascertained by the
10 last assessment for State and county taxes, previous to the
11 incurring of such indebtedness, by the percentage limitation
12 applicable to such school district under the provisions of
13 this subsection (a).
14 (b) Notwithstanding the debt limitation prescribed in
15 subsection (a) of this Section, additional indebtedness may
16 be incurred in an amount not to exceed the estimated cost of
17 acquiring or improving school sites or constructing and
18 equipping additional building facilities under the following
19 conditions:
20 (1) Whenever the enrollment of students for the
21 next school year is estimated by the board of education
22 to increase over the actual present enrollment by not
23 less than 35% or by not less than 200 students or the
24 actual present enrollment of students has increased over
25 the previous school year by not less than 35% or by not
26 less than 200 students and the board of education
27 determines that additional school sites or building
28 facilities are required as a result of such increase in
29 enrollment; and
30 (2) When the Regional Superintendent of Schools
31 having jurisdiction over the school district and the
32 State Superintendent of Education concur in such
33 enrollment projection or increase and approve the need
34 for such additional school sites or building facilities
-29- LRB9101184NTsb
1 and the estimated cost thereof; and
2 (3) When the voters in the school district approve
3 a proposition for the issuance of bonds for the purpose
4 of acquiring or improving such needed school sites or
5 constructing and equipping such needed additional
6 building facilities at an election called and held for
7 that purpose. Notice of such an election shall state that
8 the amount of indebtedness proposed to be incurred would
9 exceed the debt limitation otherwise applicable to the
10 school district. The ballot for such proposition shall
11 state what percentage of the equalized assessed valuation
12 will be outstanding in bonds if the proposed issuance of
13 bonds is approved by the voters; or
14 (4) Notwithstanding the provisions of paragraphs
15 (1) through (3) of this subsection (b), if the school
16 board determines that additional facilities are needed to
17 provide a quality educational program and not less than
18 2/3 of those voting in an election called by the school
19 board on the question approve the issuance of bonds for
20 the construction of such facilities, the school district
21 may issue bonds for this purpose; or
22 (5) Notwithstanding the provisions of paragraphs
23 (1) through (3) of this subsection (b), if (i) the school
24 district has previously availed itself of the provisions
25 of paragraph (4) of this subsection (b) to enable it to
26 issue bonds, (ii) the voters of the school district have
27 not defeated a proposition for the issuance of bonds
28 since the referendum described in paragraph (4) of this
29 subsection (b) was held, (iii) the school board
30 determines that additional facilities are needed to
31 provide a quality educational program, and (iv) a
32 majority of those voting in an election called by the
33 school board on the question approve the issuance of
34 bonds for the construction of such facilities, the school
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1 district may issue bonds for this purpose.
2 In no event shall the indebtedness incurred pursuant to
3 this subsection (b) and the existing indebtedness of the
4 school district exceed 15% of the value of the taxable
5 property therein to be ascertained by the last assessment for
6 State and county taxes, previous to the incurring of such
7 indebtedness or, until January 1, 1983, if greater, the sum
8 that is produced by multiplying the school district's 1978
9 equalized assessed valuation by the debt limitation
10 percentage in effect on January 1, 1979.
11 The indebtedness provided for by this subsection (b)
12 shall be in addition to and in excess of any other debt
13 limitation.
14 (c) Notwithstanding the debt limitation prescribed in
15 subsection (a) of this Section, in any case in which a public
16 question for the issuance of bonds of a proposed school
17 district maintaining grades kindergarten through 12 received
18 at least 60% of the valid ballots cast on the question at an
19 election held on or prior to November 8, 1994, and in which
20 the bonds approved at such election have not been issued, the
21 school district pursuant to the requirements of Section
22 11A-10 may issue the total amount of bonds approved at such
23 election for the purpose stated in the question.
24 (d) Notwithstanding the debt limitation prescribed in
25 subsection (a) of this Section, a school district that meets
26 all the criteria set forth in paragraphs (1) and (2) of this
27 subsection (d) may incur an additional indebtedness in an
28 amount not to exceed $4,500,000, even though the amount of
29 the additional indebtedness authorized by this subsection
30 (d), when incurred and added to the aggregate amount of
31 indebtedness of the district existing immediately prior to
32 the district incurring the additional indebtedness authorized
33 by this subsection (d), causes the aggregate indebtedness of
34 the district to exceed the debt limitation otherwise
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1 applicable to that district under subsection (a):
2 (1) The additional indebtedness authorized by this
3 subsection (d) is incurred by the school district through
4 the issuance of bonds under and in accordance with
5 Section 17-2.11a for the purpose of replacing a school
6 building which, because of mine subsidence damage, has
7 been closed as provided in paragraph (2) of this
8 subsection (d) or through the issuance of bonds under and
9 in accordance with Section 19-3 for the purpose of
10 increasing the size of, or providing for additional
11 functions in, such replacement school buildings, or both
12 such purposes.
13 (2) The bonds issued by the school district as
14 provided in paragraph (1) above are issued for the
15 purposes of construction by the school district of a new
16 school building pursuant to Section 17-2.11, to replace
17 an existing school building that, because of mine
18 subsidence damage, is closed as of the end of the 1992-93
19 school year pursuant to action of the regional
20 superintendent of schools of the educational service
21 region in which the district is located under Section
22 3-14.22 or are issued for the purpose of increasing the
23 size of, or providing for additional functions in, the
24 new school building being constructed to replace a school
25 building closed as the result of mine subsidence damage,
26 or both such purposes.
27 (e) Notwithstanding the debt limitation prescribed in
28 subsection (a) of this Section, a school district that meets
29 all the criteria set forth in paragraphs (1) through (5) of
30 this subsection (e) may, without referendum, incur an
31 additional indebtedness in an amount not to exceed the lesser
32 of $5,000,000 or 1.5% of the value of the taxable property
33 within the district even though the amount of the additional
34 indebtedness authorized by this subsection (e), when incurred
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1 and added to the aggregate amount of indebtedness of the
2 district existing immediately prior to the district incurring
3 that additional indebtedness, causes the aggregate
4 indebtedness of the district to exceed or increases the
5 amount by which the aggregate indebtedness of the district
6 already exceeds the debt limitation otherwise applicable to
7 that district under subsection (a):
8 (1) The State Board of Education certifies the
9 school district under Section 19-1.5 as a financially
10 distressed district.
11 (2) The additional indebtedness authorized by this
12 subsection (e) is incurred by the financially distressed
13 district during the school year or school years in which
14 the certification of the district as a financially
15 distressed district continues in effect through the
16 issuance of bonds for the lawful school purposes of the
17 district, pursuant to resolution of the school board and
18 without referendum, as provided in paragraph (5) of this
19 subsection.
20 (3) The aggregate amount of bonds issued by the
21 financially distressed district during a fiscal year in
22 which it is authorized to issue bonds under this
23 subsection does not exceed the amount by which the
24 aggregate expenditures of the district for operational
25 purposes during the immediately preceding fiscal year
26 exceeds the amount appropriated for the operational
27 purposes of the district in the annual school budget
28 adopted by the school board of the district for the
29 fiscal year in which the bonds are issued.
30 (4) Throughout each fiscal year in which
31 certification of the district as a financially distressed
32 district continues in effect, the district maintains in
33 effect a gross salary expense and gross wage expense
34 freeze policy under which the district expenditures for
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1 total employee salaries and wages do not exceed such
2 expenditures for the immediately preceding fiscal year.
3 Nothing in this paragraph, however, shall be deemed to
4 impair or to require impairment of the contractual
5 obligations, including collective bargaining agreements,
6 of the district or to impair or require the impairment of
7 the vested rights of any employee of the district under
8 the terms of any contract or agreement in effect on the
9 effective date of this amendatory Act of 1994.
10 (5) Bonds issued by the financially distressed
11 district under this subsection shall bear interest at a
12 rate not to exceed the maximum rate authorized by law at
13 the time of the making of the contract, shall mature
14 within 40 years from their date of issue, and shall be
15 signed by the president of the school board and treasurer
16 of the school district. In order to issue bonds under
17 this subsection, the school board shall adopt a
18 resolution fixing the amount of the bonds, the date of
19 the bonds, the maturities of the bonds, the rates of
20 interest of the bonds, and their place of payment and
21 denomination, and shall provide for the levy and
22 collection of a direct annual tax upon all the taxable
23 property in the district sufficient to pay the principal
24 and interest on the bonds to maturity. Upon the filing
25 in the office of the county clerk of the county in which
26 the financially distressed district is located of a
27 certified copy of the resolution, it is the duty of the
28 county clerk to extend the tax therefor in addition to
29 and in excess of all other taxes at any time authorized
30 to be levied by the district. If bond proceeds from the
31 sale of bonds include a premium or if the proceeds of the
32 bonds are invested as authorized by law, the school board
33 shall determine by resolution whether the interest earned
34 on the investment of bond proceeds or the premium
-34- LRB9101184NTsb
1 realized on the sale of the bonds is to be used for any
2 of the lawful school purposes for which the bonds were
3 issued or for the payment of the principal indebtedness
4 and interest on the bonds. The proceeds of the bond sale
5 shall be deposited in the educational purposes fund of
6 the district and shall be used to pay operational
7 expenses of the district. This subsection is cumulative
8 and constitutes complete authority for the issuance of
9 bonds as provided in this subsection, notwithstanding any
10 other law to the contrary.
11 (f) Notwithstanding the provisions of subsection (a) of
12 this Section or of any other law, bonds in not to exceed the
13 aggregate amount of $5,500,000 and issued by a school
14 district meeting the following criteria shall not be
15 considered indebtedness for purposes of any statutory
16 limitation and may be issued in an amount or amounts,
17 including existing indebtedness, in excess of any heretofore
18 or hereafter imposed statutory limitation as to indebtedness:
19 (1) At the time of the sale of such bonds, the
20 board of education of the district shall have determined
21 by resolution that the enrollment of students in the
22 district is projected to increase by not less than 7%
23 during each of the next succeeding 2 school years.
24 (2) The board of education shall also determine by
25 resolution that the improvements to be financed with the
26 proceeds of the bonds are needed because of the projected
27 enrollment increases.
28 (3) The board of education shall also determine by
29 resolution that the projected increases in enrollment are
30 the result of improvements made or expected to be made to
31 passenger rail facilities located in the school district.
32 (g) Notwithstanding the provisions of subsection (a) of
33 this Section or any other law, bonds in not to exceed an
34 aggregate amount of 25% of the equalized assessed value of
-35- LRB9101184NTsb
1 the taxable property of a school district and issued by a
2 school district meeting the criteria in paragraphs (i)
3 through (iv) of this subsection shall not be considered
4 indebtedness for purposes of any statutory limitation and may
5 be issued pursuant to resolution of the school board in an
6 amount or amounts, including existing indebtedness, in excess
7 of any statutory limitation of indebtedness heretofore or
8 hereafter imposed:
9 (i) The bonds are issued for the purpose of
10 constructing a new high school building to replace two
11 adjacent existing buildings which together house a single
12 high school, each of which is more than 65 years old, and
13 which together are located on more than 10 acres and less
14 than 11 acres of property.
15 (ii) At the time the resolution authorizing the
16 issuance of the bonds is adopted, the cost of
17 constructing a new school building to replace the
18 existing school building is less than 60% of the cost of
19 repairing the existing school building.
20 (iii) The sale of the bonds occurs before July 1,
21 1997.
22 (iv) The school district issuing the bonds is a
23 unit school district located in a county of less than
24 70,000 and more than 50,000 inhabitants, which has an
25 average daily attendance of less than 1,500 and an
26 equalized assessed valuation of less than $29,000,000.
27 (h) Notwithstanding any other provisions of this Section
28 or the provisions of any other law, until January 1, 1998, a
29 community unit school district maintaining grades K through
30 12 may issue bonds up to an amount, including existing
31 indebtedness, not exceeding 27.6% of the equalized assessed
32 value of the taxable property in the district, if all of the
33 following conditions are met:
34 (i) The school district has an equalized assessed
-36- LRB9101184NTsb
1 valuation for calendar year 1995 of less than
2 $24,000,000;
3 (ii) The bonds are issued for the capital
4 improvement, renovation, rehabilitation, or replacement
5 of existing school buildings of the district, all of
6 which buildings were originally constructed not less than
7 40 years ago;
8 (iii) The voters of the district approve a
9 proposition for the issuance of the bonds at a referendum
10 held after March 19, 1996; and
11 (iv) The bonds are issued pursuant to Sections 19-2
12 through 19-7 of this Code.
13 (i) Notwithstanding any other provisions of this Section
14 or the provisions of any other law, until January 1, 1998, a
15 community unit school district maintaining grades K through
16 12 may issue bonds up to an amount, including existing
17 indebtedness, not exceeding 27% of the equalized assessed
18 value of the taxable property in the district, if all of the
19 following conditions are met:
20 (i) The school district has an equalized assessed
21 valuation for calendar year 1995 of less than
22 $44,600,000;
23 (ii) The bonds are issued for the capital
24 improvement, renovation, rehabilitation, or replacement
25 of existing school buildings of the district, all of
26 which existing buildings were originally constructed not
27 less than 80 years ago;
28 (iii) The voters of the district approve a
29 proposition for the issuance of the bonds at a referendum
30 held after December 31, 1996; and
31 (iv) The bonds are issued pursuant to Sections 19-2
32 through 19-7 of this Code.
33 (j) Notwithstanding any other provisions of this Section
34 or the provisions of any other law, until January 1, 1999, a
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1 community unit school district maintaining grades K through
2 12 may issue bonds up to an amount, including existing
3 indebtedness, not exceeding 27% of the equalized assessed
4 value of the taxable property in the district if all of the
5 following conditions are met:
6 (i) The school district has an equalized assessed
7 valuation for calendar year 1995 of less than
8 $140,000,000 and a best 3 months average daily attendance
9 for the 1995-96 school year of at least 2,800;
10 (ii) The bonds are issued to purchase a site and
11 build and equip a new high school, and the school
12 district's existing high school was originally
13 constructed not less than 35 years prior to the sale of
14 the bonds;
15 (iii) At the time of the sale of the bonds, the
16 board of education determines by resolution that a new
17 high school is needed because of projected enrollment
18 increases;
19 (iv) At least 60% of those voting in an election
20 held after December 31, 1996 approve a proposition for
21 the issuance of the bonds; and
22 (v) The bonds are issued pursuant to Sections 19-2
23 through 19-7 of this Code.
24 (k) Notwithstanding the debt limitation prescribed in
25 subsection (a) of this Section, a school district that meets
26 all the criteria set forth in paragraphs (1) through (4) of
27 this subsection (k) may issue bonds to incur an additional
28 indebtedness in an amount not to exceed $4,000,000 even
29 though the amount of the additional indebtedness authorized
30 by this subsection (k), when incurred and added to the
31 aggregate amount of indebtedness of the school district
32 existing immediately prior to the school district incurring
33 such additional indebtedness, causes the aggregate
34 indebtedness of the school district to exceed or increases
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1 the amount by which the aggregate indebtedness of the
2 district already exceeds the debt limitation otherwise
3 applicable to that school district under subsection (a):
4 (1) the school district is located in 2 counties,
5 and a referendum to authorize the additional indebtedness
6 was approved by a majority of the voters of the school
7 district voting on the proposition to authorize that
8 indebtedness;
9 (2) the additional indebtedness is for the purpose
10 of financing a multi-purpose room addition to the
11 existing high school;
12 (3) the additional indebtedness, together with the
13 existing indebtedness of the school district, shall not
14 exceed 17.4% of the value of the taxable property in the
15 school district, to be ascertained by the last assessment
16 for State and county taxes; and
17 (4) the bonds evidencing the additional
18 indebtedness are issued, if at all, within 120 days of
19 the effective date of this amendatory Act of 1998.
20 (l) Notwithstanding any other provisions of this Section
21 or the provisions of any other law, until January 1, 2000, a
22 school district maintaining grades kindergarten through 8 may
23 issue bonds up to an amount, including existing indebtedness,
24 not exceeding 15% of the equalized assessed value of the
25 taxable property in the district if all of the following
26 conditions are met:
27 (i) the district has an equalized assessed
28 valuation for calendar year 1996 of less than
29 $10,000,000;
30 (ii) the bonds are issued for capital improvement,
31 renovation, rehabilitation, or replacement of one or more
32 school buildings of the district, which buildings were
33 originally constructed not less than 70 years ago;
34 (iii) the voters of the district approve a
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1 proposition for the issuance of the bonds at a referendum
2 held on or after March 17, 1998; and
3 (iv) the bonds are issued pursuant to Sections 19-2
4 through 19-7 of this Code.
5 (m) Notwithstanding any other provisions of this Section
6 or the provisions of any other law, until January 1, 1999, an
7 elementary school district maintaining grades K through 8 may
8 issue bonds up to an amount, excluding existing indebtedness,
9 not exceeding 18% of the equalized assessed value of the
10 taxable property in the district, if all of the following
11 conditions are met:
12 (i) The school district has an equalized assessed
13 valuation for calendar year 1995 or less than $7,700,000;
14 (ii) The school district operates 2 elementary
15 attendance centers that until 1976 were operated as the
16 attendance centers of 2 separate and distinct school
17 districts;
18 (iii) The bonds are issued for the construction of
19 a new elementary school building to replace an existing
20 multi-level elementary school building of the school
21 district that is not handicapped accessible at all levels
22 and parts of which were constructed more than 75 years
23 ago;
24 (iv) The voters of the school district approve a
25 proposition for the issuance of the bonds at a referendum
26 held after July 1, 1998; and
27 (v) The bonds are issued pursuant to Sections 19-2
28 through 19-7 of this Code.
29 (n) Notwithstanding the debt limitation prescribed in
30 subsection (a) of this Section or any other provisions of
31 this Section or of any other law, a school district that
32 meets all of the criteria set forth in paragraphs (i) through
33 (vi) of this subsection (n) may incur additional indebtedness
34 by the issuance of bonds in an amount not exceeding the
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1 amount certified by the Capital Development Board to the
2 school district as provided in paragraph (iii) of this
3 subsection (n), even though the amount of the additional
4 indebtedness so authorized, when incurred and added to the
5 aggregate amount of indebtedness of the district existing
6 immediately prior to the district incurring the additional
7 indebtedness authorized by this subsection (n), causes the
8 aggregate indebtedness of the district to exceed the debt
9 limitation otherwise applicable by law to that district:
10 (i) The school district applies to the State Board
11 of Education for a school construction project grant and
12 submits a district facilities plan in support of its
13 application pursuant to Section 5-20 of the School
14 Construction Law.
15 (ii) The school district's application and
16 facilities plan are approved by, and the district
17 receives a grant entitlement for a school construction
18 project issued by, the State Board of Education under the
19 School Construction Law.
20 (iii) The school district has exhausted its bonding
21 capacity or the unused bonding capacity of the district
22 is less than the amount certified by the Capital
23 Development Board to the district under Section 5-15 of
24 the School Construction Law as the dollar amount of the
25 school construction project's cost that the district will
26 be required to finance with non-grant funds in order to
27 receive a school construction project grant under the
28 School Construction Law.
29 (iv) The bonds are issued for a "school
30 construction project", as that term is defined in Section
31 5-5 of the School Construction Law, in an amount that
32 does not exceed the dollar amount certified, as provided
33 in paragraph (iii) of this subsection (n), by the Capital
34 Development Board to the school district under Section
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1 5-15 of the School Construction Law.
2 (v) The voters of the district approve a
3 proposition for the issuance of the bonds at a referendum
4 held after the criteria specified in paragraphs (i) and
5 (iii) of this subsection (n) are met.
6 (vi) The bonds are issued pursuant to Sections 19-2
7 through 19-7 of this Code.
8 (Source: P.A. 89-47, eff. 7-1-95; 89-661, eff. 1-1-97;
9 89-698, eff. 1-14-97; 90-570, eff. 1-28-98; 90-757, eff.
10 8-14-98.)
11 Section 10. The School Construction Law is amended by
12 changing Sections 5-15 and 5-20 as follows:
13 (105 ILCS 230/5-15)
14 Sec. 5-15. Grant entitlements. The State Board of
15 Education is authorized to issue grant entitlements for
16 school construction projects and debt service and shall
17 determine the priority order for school construction project
18 grants to be made by the Capital Development Board. After the
19 State Board of Education issues a grant entitlement for a
20 school construction project, the Capital Development Board
21 shall, upon request of the district, certify to the district
22 pursuant to subsection (n) of Section 19-1 of the School Code
23 the dollar amount of the school construction project's cost
24 that the district will be required to finance with non-grant
25 funds in order to qualify to receive a school construction
26 project grant under this Article from the Capital Development
27 Board.
28 (Source: P.A. 90-548, eff. 1-1-98.)
29 (105 ILCS 230/5-20)
30 Sec. 5-20. Grant application; district facilities plan.
31 School districts shall apply to the State Board of Education
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1 for school construction project grants and debt service
2 grants. Districts filing grant applications shall submit to
3 the State Board a district facilities plan that shall
4 include, but not be limited to, an assessment of present and
5 future district facility needs as required by present and
6 anticipated educational programming, the availability of
7 local financial resources including current revenues, fund
8 balances, and unused bonding capacity, a fiscal plan for
9 meeting present and anticipated debt service obligations, and
10 a maintenance plan and schedule that contain necessary
11 assurances that new, renovated, and existing facilities are
12 being or will be properly maintained. If a district that
13 applies for a school construction project grant has no unused
14 bonding capacity or if its unused bonding capacity may be
15 less than the portion of the cost of the proposed school
16 construction project that the district would be required to
17 finance with non-grant funds, the application and facilities
18 plan submitted by the district shall set forth the estimated
19 amount of the project's cost that the district proposes to
20 finance by the issuance of bonds under subsection (n) of
21 Section 19-1 of the School Code. The State Board of Education
22 shall review and approve district facilities plans prior to
23 issuing grant entitlements. Each district that receives a
24 grant entitlement shall annually update its district
25 facilities plan and submit the revised plan to the State
26 Board for approval.
27 (Source: P.A. 90-548, eff. 1-1-98.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.