HB6064ham001 93RD GENERAL ASSEMBLY

Rep. Shane Cultra

Filed: 3/31/2004

09300HB6064ham001 LRB093 14918 RAS 49221 a

AMENDMENT TO HOUSE BILL 6064

AMENDMENT NO. ______. Amend House Bill 6064 by replacing everything after the enacting clause with the following:

"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 10. The School Construction Law is amended by changing Section 5-5 as follows:

(105 ILCS 230/5-5)

Sec. 5-5. Definitions. As used in this Article:

"Approved school construction bonds" mean bonds that were approved by referendum after January 1, 1996 but prior to January 1, 1998 as provided in Sections 19-2 through 19-7 of the School Code to provide funds for the acquisition, development, construction, reconstruction, rehabilitation, improvement, architectural planning, and installation of capital facilities consisting of buildings, structures, durable-equipment, and land for educational purposes.

"Grant index" means a figure for each school district equal to one minus the ratio of the district's equalized assessed valuation per pupil in average daily attendance to the equalized assessed valuation per pupil in average daily attendance of the district located at the 90th percentile for all districts of the same category. For the purpose of calculating the grant index, school districts are grouped into 2 categories, Category I and Category II. Category I consists of elementary and unit school districts. The equalized assessed valuation per pupil in average daily attendance of each school district in Category I shall be computed using its grades kindergarten through 8 average daily attendance figure. A unit school district's Category I grant index shall be used for projects or portions of projects constructed for elementary school pupils. Category II consists of high school and unit school districts. The equalized assessed valuation per pupil in average daily attendance of each school district in Category II shall be computed using its grades 9 through 12 average daily attendance figure. A unit school district's Category II grant index shall be used for projects or portions of projects constructed for high school pupils. The changes made by this amendatory Act of the 92nd General Assembly apply to all grants made on or after the effective date of this amendatory Act, provided that for grants not yet made on the effective date of this amendatory Act but made in fiscal year 2001 and for grants made in fiscal year 2002, the grant index for a school district shall be the greater of (i) the grant index as calculated under this Law on or after the effective date of this amendatory Act or (ii) the grant index as calculated under this Law before the effective date of this amendatory Act. The grant index shall be no less than 0.35 and no greater than 0.75 for each district; provided that the grant index for districts whose equalized assessed valuation per pupil in average daily attendance is at the 99th percentile and above for all districts of the same type shall be 0.00.

"School construction project" means the acquisition, development, construction, reconstruction, rehabilitation, improvement, architectural planning, and installation of capital facilities consisting of buildings, structures, durable equipment, and land for educational purposes.

"School district" includes a cooperative high school, which shall be considered a high school district for the purpose of calculating its grant index.

"School maintenance project" means a project, other than a school construction project, intended to provide for the maintenance or upkeep of buildings or structures for educational purposes, but does not include ongoing operational costs.

(Source: P.A. 91-38, eff. 6-15-99; 92-168, eff. 7-26-01.)

Section 99. Effective date. This Act takes effect upon becoming law.".