Public Act 0902 94TH GENERAL ASSEMBLY

HB4365 Enrolled LRB094 16190 NHT 51433 b

Public Act 094-0902

AN ACT concerning education.

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

Section 5. The School Code is amended by changing Sections 18-8.2 and 18-8.5 as follows:

(105 ILCS 5/18-8.2) (from Ch. 122, par. 18-8.2)

Sec. 18-8.2. Supplementary State aid for new and for certain annexing districts and for cooperative high schools.

(a) After the formation of a new district, a computation shall be made to determine the difference between the salaries effective in each of the previously existing districts on June 30, prior to the creation of the new district. For the first 4 years after the formation of the new district or if the new district was formed after October 31, 1982 and prior to the effective date of this amendatory Act of 1985, for the 3 years immediately following such effective date, a supplementary State aid reimbursement shall be paid to the new district equal to the difference between the sum of the salaries earned by each of the certificated members of the new district while employed in one of the previously existing districts during the year immediately preceding the formation of the new district and the sum of the salaries those certificated members would have been paid during the year immediately prior to the formation of the new district if placed on the salary schedule of the previously existing district with the highest salary schedule.

(b) After the territory of one or more school districts is annexed by one or more other school districts, or after the division (pursuant to petition under Section 11A-2) of a unit school district or districts into 2 or more parts which all are included in 2 or more other community unit districts resulting upon that division, a computation shall be made to determine the difference between the salaries effective in each such annexed or divided district and in the annexing or resulting district or districts as they each were constituted on June 30 preceding the date when the change of boundaries attributable to such annexation or division became effective for all purposes as determined under Section 7-9, 7A-8 or 11A-10. For the first 4 years after any such annexation or division, a supplementary State aid reimbursement shall be paid to each annexing or resulting district as constituted after the annexation or division equal to the difference between the sum of the salaries earned by each of the certificated members of such annexing or resulting district as constituted after the annexation or division while employed in an annexed or annexing district, or in a divided or resulting district, during the year immediately preceding the annexation or division, and the sum of the salaries those certificated members would have been paid during such immediately preceding year if placed on the salary schedule of whichever of such annexing or annexed districts, or resulting or divided districts, had the highest salary schedule during such immediately preceding year.

(b-5) After the formation of a cooperative high school by 2 or more school districts under Section 10-22.22c of this Code, a computation shall be made to determine the difference between the salaries effective in each of the previously existing high schools on June 30 prior to the formation of the cooperative high school. For the first 4 years after the formation of the cooperative high school, a supplementary State aid reimbursement shall be paid to the cooperative high school equal to the difference between the sum of the salaries earned by each of the certificated members of the cooperative high school while employed in one of the previously existing high schools during the year immediately preceding the formation of the cooperative high school and the sum of the salaries those certificated members would have been paid during the year immediately prior to the formation of the cooperative high school if placed on the salary schedule of the previously existing high school with the highest salary schedule.

(c) Such supplementary State aid reimbursement shall be treated as separate from all other payments made pursuant to Section 18-8 or 18-8.05. In the case of the formation of a new district or cooperative high school, reimbursement shall begin during the first year of operation of the new district or cooperative high school; and in the case of an annexation of the territory of one or more school districts by one or more other school districts, or the division (pursuant to petition under Section 11A-2) of a unit school district or districts into 2 or more parts which all are included in 2 or more other community unit districts resulting upon that division, reimbursement shall begin during the first year when the change in boundaries attributable to such annexation or division becomes effective for all purposes as determined pursuant to Section 7-9, 7A-8 or 11A-10. Each year any such new, annexing or resulting district or cooperative high school, as the case may be, is entitled to receive reimbursement, the number of eligible certified members who are employed on October 1 in any such district or cooperative high school shall be certified to the State Board of Education on prescribed forms by October 15 and payment shall be made on or before November 15 of that year.

(d) If a unit school district annexes all the territory of another unit school district effective for all purposes pursuant to Section 7-9 on July 1, 1988, and if part of the annexed territory is detached within 90 days after July 1, 1988, then the detachment shall be disregarded in computing the supplementary State aid reimbursements under this Section for the entire 3 year period and the supplementary State aid reimbursements shall not be diminished because of the detachment.

(e) The changes made by this amendatory Act of 1989 are intended to be retroactive and applicable to any annexation taking effect after August 1, 1987.

(Source: P.A. 90-548, eff. 1-1-98.)

(105 ILCS 5/18-8.5) (from Ch. 122, par. 18-8.5)

Sec. 18-8.5. Supplementary State aid for new, annexing or resulting districts and for cooperative high schools.

(a) Following the formation of a new school district pursuant to Article 11A or 11B, or of a new elementary school district pursuant to Article 7A, or the annexation of all of the territory of one or more entire school districts by one or more other school districts, or the division pursuant to petition under Section 11A-2 of a unit school district or districts into 2 or more parts which all are included in 2 or more other community unit districts resulting upon that division, a supplementary State aid reimbursement shall be paid for the number of school years determined under the following table to each new, annexing or resulting district equal to the sum of $4,000 for each certified employee who is employed by such district on a full-time basis for the regular term of any such school year:

The State Board of Education shall make a one-time calculation of a reorganized district's quintile ranks. The average daily attendance used in this calculation shall be the best 3 months' average daily attendance for the district's first year. The equalized assessed value per pupil shall be the district's real property equalized assessed value used in calculating the district's first-year general State aid claim divided by the best 3 months' average daily attendance.

No annexing or resulting school district shall be entitled to supplementary State aid under this Section unless such district acquires at least 30% of the average daily attendance of the district from which the territory is being detached or divided.

If a district results from multiple reorganizations that would otherwise qualify the district for multiple payments under this Section in any year, the district shall receive a single payment only for that year based solely on the most recent reorganization.

(a-5) Following the formation of a cooperative high school by 2 or more school districts under Section 10-22.22c of this Code, a supplementary State aid reimbursement shall be paid for 3 school years to the cooperative high school equal to the sum of $4,000 for each certified employee who is employed by the cooperative high school on a full-time basis for the regular term of any such school year. If a cooperative high school results from multiple agreements that would otherwise qualify the cooperative high school for multiple payments under this Section in any year, the cooperative high school shall receive a single payment for that year based solely on the most recent agreement.

(b) The supplementary State aid reimbursement payable under this Section shall be separate from and in addition to all other payments made to the district pursuant to any other Section of this Article.

(c) During May of each school year for which a supplementary State aid reimbursement is to be paid to a new, annexing or resulting school district or cooperative high school pursuant to this Section, the school board or governing board shall certify to the State Board of Education, on forms furnished to the school board or governing board by the State Board of Education for purposes of this Section, the number of certified employees for which the district or cooperative high school is entitled to reimbursement under this Section, together with the names, certificate numbers and positions held by such certified employees.

(d) Upon certification by the State Board of Education to the State Comptroller of the amount of the supplementary State aid reimbursement to which a school district or cooperative high school is entitled by this Section, the State Comptroller shall draw his warrant upon the State Treasurer for the payment thereof to the school district or cooperative high school and shall promptly transmit the payment to the school district or cooperative high school through the appropriate school treasurer.

(e) The changes to this Section made by P.A. 88-555 shall apply to all reorganizations for which the petitions are filed with the regional board of school trustees or the regional superintendent, as the case may be, on or after January 1, 1995.

(Source: P.A. 87-10; 87-435; 87-1210; 88-555, eff. 7-27-94; 88-686, eff. 1-24-95.)

Section 99. Effective date. This Act takes effect July 1, 2006.