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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be referred to as the | ||||||||||||||||||||||||||
5 | Classrooms First Act. | ||||||||||||||||||||||||||
6 | Section 5. The School Code is amended by changing 11E-135 | ||||||||||||||||||||||||||
7 | and by adding Section 11E-140 as follows: | ||||||||||||||||||||||||||
8 | (105 ILCS 5/11E-135) | ||||||||||||||||||||||||||
9 | Sec. 11E-135. Incentives. Except as provided under Section | ||||||||||||||||||||||||||
10 | 11E-140, for For districts reorganizing under this Article and | ||||||||||||||||||||||||||
11 | for a district or districts that annex all of the territory of | ||||||||||||||||||||||||||
12 | one or more entire other school districts in accordance with | ||||||||||||||||||||||||||
13 | Article 7 of this Code, the following payments shall be made | ||||||||||||||||||||||||||
14 | from appropriations made for these purposes: | ||||||||||||||||||||||||||
15 | (a)(1) For a combined school district, as defined in | ||||||||||||||||||||||||||
16 | Section 11E-20 of this Code, or for a unit district, as defined | ||||||||||||||||||||||||||
17 | in Section 11E-25 of this Code, for its first year of | ||||||||||||||||||||||||||
18 | existence, the general State aid and supplemental general | ||||||||||||||||||||||||||
19 | State aid calculated under Section 18-8.05 of this Code or the | ||||||||||||||||||||||||||
20 | evidence-based funding calculated under Section 18-8.15 of | ||||||||||||||||||||||||||
21 | this Code, as applicable, shall be computed for the new | ||||||||||||||||||||||||||
22 | district and for the previously existing districts for which |
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1 | property is totally included within the new district. If the | ||||||
2 | computation on the basis of the previously existing districts | ||||||
3 | is greater, a supplementary payment equal to the difference | ||||||
4 | shall be made for the first 4 years of existence of the new | ||||||
5 | district. | ||||||
6 | (2) For a school district that annexes all of the | ||||||
7 | territory of one or more entire other school districts as | ||||||
8 | defined in Article 7 of this Code, for the first year during | ||||||
9 | which the change of boundaries attributable to the annexation | ||||||
10 | becomes effective for all purposes, as determined under | ||||||
11 | Section 7-9 of this Code, the general State aid and | ||||||
12 | supplemental general State aid calculated under Section | ||||||
13 | 18-8.05 of this Code or the evidence-based funding calculated | ||||||
14 | under Section 18-8.15 of this Code, as applicable, shall be | ||||||
15 | computed for the annexing district as constituted after the | ||||||
16 | annexation and for the annexing and each annexed district as | ||||||
17 | constituted prior to the annexation; and if the computation on | ||||||
18 | the basis of the annexing and annexed districts as constituted | ||||||
19 | prior to the annexation is greater, then a supplementary | ||||||
20 | payment equal to the difference shall be made for the first 4 | ||||||
21 | years of existence of the annexing school district as | ||||||
22 | constituted upon the annexation. | ||||||
23 | (3) For 2 or more school districts that annex all of the | ||||||
24 | territory of one or more entire other school districts, as | ||||||
25 | defined in Article 7 of this Code, for the first year during | ||||||
26 | which the change of boundaries attributable to the annexation |
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1 | becomes effective for all purposes, as determined under | ||||||
2 | Section 7-9 of this Code, the general State aid and | ||||||
3 | supplemental general State aid calculated under Section | ||||||
4 | 18-8.05 of this Code or the evidence-based funding calculated | ||||||
5 | under Section 18-8.15 of this Code, as applicable, shall be | ||||||
6 | computed for each annexing district as constituted after the | ||||||
7 | annexation and for each annexing and annexed district as | ||||||
8 | constituted prior to the annexation; and if the aggregate of | ||||||
9 | the general State aid and supplemental general State aid or | ||||||
10 | evidence-based funding, as applicable, as so computed for the | ||||||
11 | annexing districts as constituted after the annexation is less | ||||||
12 | than the aggregate of the general State aid and supplemental | ||||||
13 | general State aid or evidence-based funding, as applicable, as | ||||||
14 | so computed for the annexing and annexed districts, as | ||||||
15 | constituted prior to the annexation, then a supplementary | ||||||
16 | payment equal to the difference shall be made and allocated | ||||||
17 | between or among the annexing districts, as constituted upon | ||||||
18 | the annexation, for the first 4 years of their existence. The | ||||||
19 | total difference payment shall be allocated between or among | ||||||
20 | the annexing districts in the same ratio as the pupil | ||||||
21 | enrollment from that portion of the annexed district or | ||||||
22 | districts that is annexed to each annexing district bears to | ||||||
23 | the total pupil enrollment from the entire annexed district or | ||||||
24 | districts, as such pupil enrollment is determined for the | ||||||
25 | school year last ending prior to the date when the change of | ||||||
26 | boundaries attributable to the annexation becomes effective |
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1 | for all purposes. The amount of the total difference payment | ||||||
2 | and the amount thereof to be allocated to the annexing | ||||||
3 | districts shall be computed by the State Board of Education on | ||||||
4 | the basis of pupil enrollment and other data that shall be | ||||||
5 | certified to the State Board of Education, on forms that it | ||||||
6 | shall provide for that purpose, by the regional superintendent | ||||||
7 | of schools for each educational service region in which the | ||||||
8 | annexing and annexed districts are located. | ||||||
9 | (4) For a school district conversion, as defined in | ||||||
10 | Section 11E-15 of this Code, or a multi-unit conversion, as | ||||||
11 | defined in subsection (b) of Section 11E-30 of this Code, if in | ||||||
12 | their first year of existence the newly created elementary | ||||||
13 | districts and the newly created high school district, from a | ||||||
14 | school district conversion, or the newly created elementary | ||||||
15 | district or districts and newly created combined high school - | ||||||
16 | unit district, from a multi-unit conversion, qualify for less | ||||||
17 | general State aid under Section 18-8.05 of this Code or | ||||||
18 | evidence-based funding under Section 18-8.15 of this Code than | ||||||
19 | would have been payable under Section 18-8.05 or 18-8.15, as | ||||||
20 | applicable, for that same year to the previously existing | ||||||
21 | districts, then a supplementary payment equal to that | ||||||
22 | difference shall be made for the first 4 years of existence of | ||||||
23 | the newly created districts. The aggregate amount of each | ||||||
24 | supplementary payment shall be allocated among the newly | ||||||
25 | created districts in the proportion that the deemed pupil | ||||||
26 | enrollment in each district during its first year of existence |
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1 | bears to the actual aggregate pupil enrollment in all of the | ||||||
2 | districts during their first year of existence. For purposes | ||||||
3 | of each allocation: | ||||||
4 | (A) the deemed pupil enrollment of the newly created | ||||||
5 | high school district from a school district conversion | ||||||
6 | shall be an amount equal to its actual pupil enrollment | ||||||
7 | for its first year of existence multiplied by 1.25; | ||||||
8 | (B) the deemed pupil enrollment of each newly created | ||||||
9 | elementary district from a school district conversion | ||||||
10 | shall be an amount equal to its actual pupil enrollment | ||||||
11 | for its first year of existence reduced by an amount equal | ||||||
12 | to the product obtained when the amount by which the newly | ||||||
13 | created high school district's deemed pupil enrollment | ||||||
14 | exceeds its actual pupil enrollment for its first year of | ||||||
15 | existence is multiplied by a fraction, the numerator of | ||||||
16 | which is the actual pupil enrollment of the newly created | ||||||
17 | elementary district for its first year of existence and | ||||||
18 | the denominator of which is the actual aggregate pupil | ||||||
19 | enrollment of all of the newly created elementary | ||||||
20 | districts for their first year of existence; | ||||||
21 | (C) the deemed high school pupil enrollment of the | ||||||
22 | newly created combined high school - unit district from a | ||||||
23 | multi-unit conversion shall be an amount equal to its | ||||||
24 | actual grades 9 through 12 pupil enrollment for its first | ||||||
25 | year of existence multiplied by 1.25; and | ||||||
26 | (D) the deemed elementary pupil enrollment of each |
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1 | newly created district from a multi-unit conversion shall | ||||||
2 | be an amount equal to each district's actual grade K | ||||||
3 | through 8 pupil enrollment for its first year of | ||||||
4 | existence, reduced by an amount equal to the product | ||||||
5 | obtained when the amount by which the newly created | ||||||
6 | combined high school - unit district's deemed high school | ||||||
7 | pupil enrollment exceeds its actual grade 9 through 12 | ||||||
8 | pupil enrollment for its first year of existence is | ||||||
9 | multiplied by a fraction, the numerator of which is the | ||||||
10 | actual grade K through 8 pupil enrollment of each newly | ||||||
11 | created district for its first year of existence and the | ||||||
12 | denominator of which is the actual aggregate grade K | ||||||
13 | through 8 pupil enrollment of all such newly created | ||||||
14 | districts for their first year of existence. | ||||||
15 | The aggregate amount of each supplementary payment under | ||||||
16 | this subdivision (4) and the amount thereof to be allocated to | ||||||
17 | the newly created districts shall be computed by the State | ||||||
18 | Board of Education on the basis of pupil enrollment and other | ||||||
19 | data, which shall be certified to the State Board of | ||||||
20 | Education, on forms that it shall provide for that purpose, by | ||||||
21 | the regional superintendent of schools for each educational | ||||||
22 | service region in which the newly created districts are | ||||||
23 | located.
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24 | (5) For a partial elementary unit district, as defined in | ||||||
25 | subsection (a) or (c) of Section 11E-30 of this Code, if, in | ||||||
26 | the first year of existence, the newly created partial |
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1 | elementary unit district qualifies for less general State aid | ||||||
2 | and supplemental general State aid under Section 18-8.05 of | ||||||
3 | this Code or less evidence-based funding under Section 18-8.15 | ||||||
4 | of this Code, as applicable, than would have been payable | ||||||
5 | under those Sections for that same year to the previously | ||||||
6 | existing districts that formed the partial elementary unit | ||||||
7 | district, then a supplementary payment equal to that | ||||||
8 | difference shall be made to the partial elementary unit | ||||||
9 | district for the first 4 years of existence of that newly | ||||||
10 | created district. | ||||||
11 | (6) For an elementary opt-in, as described in subsection | ||||||
12 | (d) of Section 11E-30 of this Code, the general State aid or | ||||||
13 | evidence-based funding difference shall be computed in | ||||||
14 | accordance with paragraph (5) of this subsection (a) as if the | ||||||
15 | elementary opt-in was included in an optional elementary unit | ||||||
16 | district at the optional elementary unit district's original | ||||||
17 | effective date. If the calculation in this paragraph (6) is | ||||||
18 | less than that calculated in paragraph (5) of this subsection | ||||||
19 | (a) at the optional elementary unit district's original | ||||||
20 | effective date, then no adjustments may be made. If the | ||||||
21 | calculation in this paragraph (6) is more than that calculated | ||||||
22 | in paragraph (5) of this subsection (a) at the optional | ||||||
23 | elementary unit district's original effective date, then the | ||||||
24 | excess must be paid as follows: | ||||||
25 | (A) If the effective date for the elementary opt-in is | ||||||
26 | one year after the effective date for the optional |
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1 | elementary unit district, 100% of the calculated excess | ||||||
2 | shall be paid to the optional elementary unit district in | ||||||
3 | each of the first 4 years after the effective date of the | ||||||
4 | elementary opt-in. | ||||||
5 | (B) If the effective date for the elementary opt-in is | ||||||
6 | 2 years after the effective date for the optional | ||||||
7 | elementary unit district, 75% of the calculated excess | ||||||
8 | shall be paid to the optional elementary unit district in | ||||||
9 | each of the first 4 years after the effective date of the | ||||||
10 | elementary opt-in. | ||||||
11 | (C) If the effective date for the elementary opt-in is | ||||||
12 | 3 years after the effective date for the optional | ||||||
13 | elementary unit district, 50% of the calculated excess | ||||||
14 | shall be paid to the optional elementary unit district in | ||||||
15 | each of the first 4 years after the effective date of the | ||||||
16 | elementary opt-in. | ||||||
17 | (D) If the effective date for the elementary opt-in is | ||||||
18 | 4 years after the effective date for the optional | ||||||
19 | elementary unit district, 25% of the calculated excess | ||||||
20 | shall be paid to the optional elementary unit district in | ||||||
21 | each of the first 4 years after the effective date of the | ||||||
22 | elementary opt-in. | ||||||
23 | (E) If the effective date for the elementary opt-in is | ||||||
24 | 5 years after the effective date for the optional | ||||||
25 | elementary unit district, the optional elementary unit | ||||||
26 | district is not eligible for any additional incentives due |
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1 | to the elementary opt-in. | ||||||
2 | (6.5) For a school district that annexes territory | ||||||
3 | detached from another school district whereby the enrollment | ||||||
4 | of the annexing district increases by 90% or more as a result | ||||||
5 | of the annexation, for the first year during which the change | ||||||
6 | of boundaries attributable to the annexation becomes effective | ||||||
7 | for all purposes as determined under Section 7-9 of this Code, | ||||||
8 | the general State aid and supplemental general State aid or | ||||||
9 | evidence-based funding, as applicable, calculated under this | ||||||
10 | Section shall be computed for the district gaining territory | ||||||
11 | and the district losing territory as constituted after the | ||||||
12 | annexation and for the same districts as constituted prior to | ||||||
13 | the annexation; and if the aggregate of the general State aid | ||||||
14 | and supplemental general State aid or evidence-based funding, | ||||||
15 | as applicable, as so computed for the district gaining | ||||||
16 | territory and the district losing territory as constituted | ||||||
17 | after the annexation is less than the aggregate of the general | ||||||
18 | State aid and supplemental general State aid or evidence-based | ||||||
19 | funding, as applicable, as so computed for the district | ||||||
20 | gaining territory and the district losing territory as | ||||||
21 | constituted prior to the annexation, then a supplementary | ||||||
22 | payment shall be made to the annexing district for the first 4 | ||||||
23 | years of existence after the annexation, equal to the | ||||||
24 | difference multiplied by the ratio of student enrollment in | ||||||
25 | the territory detached to the total student enrollment in the | ||||||
26 | district losing territory for the year prior to the effective |
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1 | date of the annexation. The amount of the total difference and | ||||||
2 | the proportion paid to the annexing district shall be computed | ||||||
3 | by the State Board of Education on the basis of pupil | ||||||
4 | enrollment and other data that must be submitted to the State | ||||||
5 | Board of Education in accordance with Section 7-14A of this | ||||||
6 | Code. The changes to this Section made by Public Act 95-707
are | ||||||
7 | intended to be retroactive and applicable to any annexation | ||||||
8 | taking effect on or after July 1, 2004. For annexations that | ||||||
9 | are eligible for payments under this paragraph (6.5) and that | ||||||
10 | are effective on or after July 1, 2004, but before January 11, | ||||||
11 | 2008 (the effective date of Public Act 95-707), the first | ||||||
12 | required yearly payment under this paragraph (6.5) shall be | ||||||
13 | paid in the fiscal year of January 11, 2008 (the effective date | ||||||
14 | of Public Act 95-707). Subsequent required yearly payments | ||||||
15 | shall be paid in subsequent fiscal years until the payment | ||||||
16 | obligation under this paragraph (6.5) is complete. | ||||||
17 | (7) Claims for financial assistance under this subsection | ||||||
18 | (a) may not be recomputed except as expressly provided under | ||||||
19 | Section 18-8.05 or 18-8.15 of this Code. | ||||||
20 | (8) Any supplementary payment made under this subsection | ||||||
21 | (a) must be treated as separate from all other payments made | ||||||
22 | pursuant to Section 18-8.05 or 18-8.15 of this Code. | ||||||
23 | (b)(1) After the formation of a combined school district, | ||||||
24 | as defined in Section 11E-20 of this Code, or a unit district, | ||||||
25 | as defined in Section 11E-25 of this Code, a computation shall | ||||||
26 | be made to determine the difference between the salaries |
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1 | effective in each of the previously existing districts on June | ||||||
2 | 30, prior to the creation of the new district. For the first 4 | ||||||
3 | years after the formation of the new district, a supplementary | ||||||
4 | State aid reimbursement shall be paid to the new district | ||||||
5 | equal to the difference between the sum of the salaries earned | ||||||
6 | by each of the certificated members of the new district, while | ||||||
7 | employed in one of the previously existing districts during | ||||||
8 | the year immediately preceding the formation of the new | ||||||
9 | district, and the sum of the salaries those certificated | ||||||
10 | members would have been paid during the year immediately prior | ||||||
11 | to the formation of the new district if placed on the salary | ||||||
12 | schedule of the previously existing district with the highest | ||||||
13 | salary schedule. | ||||||
14 | (2) After the territory of one or more school districts is | ||||||
15 | annexed by one or more other school districts as defined in | ||||||
16 | Article 7 of this Code, a computation shall be made to | ||||||
17 | determine the difference between the salaries effective in | ||||||
18 | each annexed district and in the annexing district or | ||||||
19 | districts as they were each constituted on June 30 preceding | ||||||
20 | the date when the change of boundaries attributable to the | ||||||
21 | annexation became effective for all purposes, as determined | ||||||
22 | under Section 7-9 of this Code. For the first 4 years after the | ||||||
23 | annexation, a supplementary State aid reimbursement shall be | ||||||
24 | paid to each annexing district as constituted after the | ||||||
25 | annexation equal to the difference between the sum of the | ||||||
26 | salaries earned by each of the certificated members of the |
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1 | annexing district as constituted after the annexation, while | ||||||
2 | employed in an annexed or annexing district during the year | ||||||
3 | immediately preceding the annexation, and the sum of the | ||||||
4 | salaries those certificated members would have been paid | ||||||
5 | during the immediately preceding year if placed on the salary | ||||||
6 | schedule of whichever of the annexing or annexed districts had | ||||||
7 | the highest salary schedule during the immediately preceding | ||||||
8 | year. | ||||||
9 | (3) For each new high school district formed under a | ||||||
10 | school district conversion, as defined in Section 11E-15 of | ||||||
11 | this Code, the State shall make a supplementary payment for 4 | ||||||
12 | years equal to the difference between the sum of the salaries | ||||||
13 | earned by each certified member of the new high school | ||||||
14 | district, while employed in one of the previously existing | ||||||
15 | districts, and the sum of the salaries those certified members | ||||||
16 | would have been paid if placed on the salary schedule of the | ||||||
17 | previously existing district with the highest salary schedule. | ||||||
18 | (4) For each newly created partial elementary unit | ||||||
19 | district, the State shall make a supplementary payment for 4 | ||||||
20 | years equal to the difference between the sum of the salaries | ||||||
21 | earned by each certified member of the newly created partial | ||||||
22 | elementary unit district, while employed in one of the | ||||||
23 | previously existing districts that formed the partial | ||||||
24 | elementary unit district, and the sum of the salaries those | ||||||
25 | certified members would have been paid if placed on the salary | ||||||
26 | schedule of the previously existing district with the highest |
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1 | salary schedule. The salary schedules used in the calculation | ||||||
2 | shall be those in effect in the previously existing districts | ||||||
3 | for the school year prior to the creation of the new partial | ||||||
4 | elementary unit district. | ||||||
5 | (5) For an elementary district opt-in, as described in | ||||||
6 | subsection (d) of Section 11E-30 of this Code, the salary | ||||||
7 | difference incentive shall be computed in accordance with | ||||||
8 | paragraph (4) of this subsection (b) as if the opted-in | ||||||
9 | elementary district was included in the optional elementary | ||||||
10 | unit district at the optional elementary unit district's | ||||||
11 | original effective date. If the calculation in this paragraph | ||||||
12 | (5) is less than that calculated in paragraph (4) of this | ||||||
13 | subsection (b) at the optional elementary unit district's | ||||||
14 | original effective date, then no adjustments may be made. If | ||||||
15 | the calculation in this paragraph (5) is more than that | ||||||
16 | calculated in paragraph (4) of this subsection (b) at the | ||||||
17 | optional elementary unit district's original effective date, | ||||||
18 | then the excess must be paid as follows: | ||||||
19 | (A) If the effective date for the elementary opt-in is | ||||||
20 | one year after the effective date for the optional | ||||||
21 | elementary unit district, 100% of the calculated excess | ||||||
22 | shall be paid to the optional elementary unit district in | ||||||
23 | each of the first 4 years after the effective date of the | ||||||
24 | elementary opt-in. | ||||||
25 | (B) If the effective date for the elementary opt-in is | ||||||
26 | 2 years after the effective date for the optional |
| |||||||
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1 | elementary unit district, 75% of the calculated excess | ||||||
2 | shall be paid to the optional elementary unit district in | ||||||
3 | each of the first 4 years after the effective date of the | ||||||
4 | elementary opt-in. | ||||||
5 | (C) If the effective date for the elementary opt-in is | ||||||
6 | 3 years after the effective date for the optional | ||||||
7 | elementary unit district, 50% of the calculated excess | ||||||
8 | shall be paid to the optional elementary unit district in | ||||||
9 | each of the first 4 years after the effective date of the | ||||||
10 | elementary opt-in. | ||||||
11 | (D) If the effective date for the elementary opt-in is | ||||||
12 | 4 years after the effective date for the partial | ||||||
13 | elementary unit district, 25% of the calculated excess | ||||||
14 | shall be paid to the optional elementary unit district in | ||||||
15 | each of the first 4 years after the effective date of the | ||||||
16 | elementary opt-in. | ||||||
17 | (E) If the effective date for the elementary opt-in is | ||||||
18 | 5 years after the effective date for the optional | ||||||
19 | elementary unit district, the optional elementary unit | ||||||
20 | district is not eligible for any additional incentives due | ||||||
21 | to the elementary opt-in. | ||||||
22 | (5.5) After the formation of a cooperative high school by | ||||||
23 | 2 or more school districts under Section 10-22.22c of this | ||||||
24 | Code, a computation shall be made to determine the difference | ||||||
25 | between the salaries effective in each of the previously | ||||||
26 | existing high schools on June 30 prior to the formation of the |
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1 | cooperative high school. For the first 4 years after the | ||||||
2 | formation of the cooperative high school, a supplementary | ||||||
3 | State aid reimbursement shall be paid to the cooperative high | ||||||
4 | school equal to the difference between the sum of the salaries | ||||||
5 | earned by each of the certificated members of the cooperative | ||||||
6 | high school while employed in one of the previously existing | ||||||
7 | high schools during the year immediately preceding the | ||||||
8 | formation of the cooperative high school and the sum of the | ||||||
9 | salaries those certificated members would have been paid | ||||||
10 | during the year immediately prior to the formation of the | ||||||
11 | cooperative high school if placed on the salary schedule of | ||||||
12 | the previously existing high school with the highest salary | ||||||
13 | schedule. | ||||||
14 | (5.10) After the annexation of territory detached from
| ||||||
15 | another school district whereby the enrollment of the annexing
| ||||||
16 | district increases by 90% or more as a result of the
| ||||||
17 | annexation, a computation shall be made to determine the
| ||||||
18 | difference between the salaries effective in the district
| ||||||
19 | gaining territory and the district losing territory as they
| ||||||
20 | each were constituted on June 30 preceding the date when the
| ||||||
21 | change of boundaries attributable to the annexation became
| ||||||
22 | effective for all purposes as determined under Section 7-9 of
| ||||||
23 | this Code. For the first 4 years after the annexation, a
| ||||||
24 | supplementary State aid reimbursement shall be paid to the
| ||||||
25 | annexing district equal to the difference between the sum of
| ||||||
26 | the salaries earned by each of the certificated members of the
|
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| |||||||
1 | annexing district as constituted after the annexation while
| ||||||
2 | employed in the district gaining territory or the district
| ||||||
3 | losing territory during the year immediately preceding the
| ||||||
4 | annexation and the sum of the salaries those certificated
| ||||||
5 | members would have been paid during such immediately preceding
| ||||||
6 | year if placed on the salary schedule of whichever of the
| ||||||
7 | district gaining territory or district losing territory had | ||||||
8 | the
highest salary schedule during the immediately preceding | ||||||
9 | year.
To be eligible for supplementary State aid reimbursement | ||||||
10 | under
this Section, the intergovernmental agreement to be | ||||||
11 | submitted
pursuant to Section 7-14A of this Code must show | ||||||
12 | that staff
members were transferred from the control of the | ||||||
13 | district
losing territory to the control of the district | ||||||
14 | gaining
territory in the annexation. The changes to this | ||||||
15 | Section made
by Public Act 95-707
are
intended to be | ||||||
16 | retroactive and applicable to any annexation
taking effect on | ||||||
17 | or after July 1, 2004. For annexations that are eligible for | ||||||
18 | payments under this paragraph (5.10) and that are effective on | ||||||
19 | or after July 1, 2004, but before January 11, 2008 (the | ||||||
20 | effective date of Public Act 95-707), the first required | ||||||
21 | yearly payment under this paragraph (5.10) shall be paid in | ||||||
22 | the fiscal year of January 11, 2008 (the effective date of | ||||||
23 | Public Act 95-707). Subsequent required yearly payments shall | ||||||
24 | be paid in subsequent fiscal years until the payment | ||||||
25 | obligation under this paragraph (5.10) is complete.
| ||||||
26 | (5.15)
After the deactivation of a school facility in |
| |||||||
| |||||||
1 | accordance with Section 10-22.22b of this Code, a computation | ||||||
2 | shall be made to determine the difference between the salaries | ||||||
3 | effective in the sending school district and each receiving | ||||||
4 | school district on June 30 prior to the deactivation of the | ||||||
5 | school facility. For the lesser of the first 4 years after the | ||||||
6 | deactivation of the school facility or the length of the | ||||||
7 | deactivation agreement, including any renewals of the original | ||||||
8 | deactivation agreement, a supplementary State aid | ||||||
9 | reimbursement shall be paid to each receiving district equal | ||||||
10 | to the difference between the sum of the salaries earned by | ||||||
11 | each of the certificated members transferred to that receiving | ||||||
12 | district as a result of the deactivation while employed in the | ||||||
13 | sending district during the year immediately preceding the | ||||||
14 | deactivation and the sum of the salaries those certificated | ||||||
15 | members would have been paid during the year immediately | ||||||
16 | preceding the deactivation if placed on the salary schedule of | ||||||
17 | the sending or receiving district with the highest salary | ||||||
18 | schedule. | ||||||
19 | (6) The supplementary State aid reimbursement under this | ||||||
20 | subsection (b) shall be treated as separate from all other | ||||||
21 | payments made pursuant to Section 18-8.05 of this Code. In the | ||||||
22 | case of the formation of a new district or cooperative high | ||||||
23 | school or a deactivation, reimbursement shall begin during the | ||||||
24 | first year of operation of the new district or cooperative | ||||||
25 | high school or the first year of the deactivation, and in the | ||||||
26 | case of an annexation of the territory of one or more school |
| |||||||
| |||||||
1 | districts by one or more other school districts or the | ||||||
2 | annexation of territory detached from a school district | ||||||
3 | whereby
the enrollment of the annexing district increases by | ||||||
4 | 90% or
more as a result of the annexation, reimbursement shall | ||||||
5 | begin during the first year when the change in boundaries | ||||||
6 | attributable to the annexation becomes effective for all | ||||||
7 | purposes as determined pursuant to Section 7-9 of this Code, | ||||||
8 | except that for an annexation of territory detached from a | ||||||
9 | school district that is effective on or after July 1, 2004, but | ||||||
10 | before January 11, 2008 (the effective date of Public Act | ||||||
11 | 95-707), whereby the enrollment of the annexing district | ||||||
12 | increases by 90% or more as a result of the annexation, | ||||||
13 | reimbursement shall begin during the fiscal year of January | ||||||
14 | 11, 2008 (the effective date of Public Act 95-707). Each year | ||||||
15 | that the new, annexing, or receiving district or cooperative | ||||||
16 | high school, as the case may be, is entitled to receive | ||||||
17 | reimbursement, the number of eligible certified members who | ||||||
18 | are employed on October 1 in the district or cooperative high | ||||||
19 | school shall be certified to the State Board of Education on | ||||||
20 | prescribed forms by October 15 and payment shall be made on or | ||||||
21 | before November 15 of that year. | ||||||
22 | (c)(1) For the first year after the formation of a | ||||||
23 | combined school district, as defined in Section 11E-20 of this | ||||||
24 | Code or a unit district, as defined in Section 11E-25 of this | ||||||
25 | Code, a computation shall be made totaling each previously | ||||||
26 | existing district's audited fund balances in the educational |
| |||||||
| |||||||
1 | fund, working cash fund, operations and maintenance fund, and | ||||||
2 | transportation fund for the year ending June 30 prior to the | ||||||
3 | referendum for the creation of the new district. The new | ||||||
4 | district shall be paid supplementary State aid equal to the | ||||||
5 | sum of the differences between the deficit of the previously | ||||||
6 | existing district with the smallest deficit and the deficits | ||||||
7 | of each of the other previously existing districts. | ||||||
8 | (2) For the first year after the annexation of all of the | ||||||
9 | territory of one or more entire school districts by another | ||||||
10 | school district, as defined in Article 7 of this Code, | ||||||
11 | computations shall be made, for the year ending June 30 prior | ||||||
12 | to the date that the change of boundaries attributable to the | ||||||
13 | annexation is allowed by the affirmative decision issued by | ||||||
14 | the regional board of school trustees under Section 7-6 of | ||||||
15 | this Code, notwithstanding any effort to seek administrative | ||||||
16 | review of the decision, totaling the annexing district's and | ||||||
17 | totaling each annexed district's audited fund balances in | ||||||
18 | their respective educational, working cash, operations and | ||||||
19 | maintenance, and transportation funds. The annexing district | ||||||
20 | as constituted after the annexation shall be paid | ||||||
21 | supplementary State aid equal to the sum of the differences | ||||||
22 | between the deficit of whichever of the annexing or annexed | ||||||
23 | districts as constituted prior to the annexation had the | ||||||
24 | smallest deficit and the deficits of each of the other | ||||||
25 | districts as constituted prior to the annexation. | ||||||
26 | (3) For the first year after the annexation of all of the |
| |||||||
| |||||||
1 | territory of one or more entire school districts by 2 or more | ||||||
2 | other school districts, as defined by Article 7 of this Code, | ||||||
3 | computations shall be made, for the year ending June 30 prior | ||||||
4 | to the date that the change of boundaries attributable to the | ||||||
5 | annexation is allowed by the affirmative decision of the | ||||||
6 | regional board of school trustees under Section 7-6 of this | ||||||
7 | Code, notwithstanding any action for administrative review of | ||||||
8 | the decision, totaling each annexing and annexed district's | ||||||
9 | audited fund balances in their respective educational, working | ||||||
10 | cash, operations and maintenance, and transportation funds. | ||||||
11 | The annexing districts as constituted after the annexation | ||||||
12 | shall be paid supplementary State aid, allocated as provided | ||||||
13 | in this paragraph (3), in an aggregate amount equal to the sum | ||||||
14 | of the differences between the deficit of whichever of the | ||||||
15 | annexing or annexed districts as constituted prior to the | ||||||
16 | annexation had the smallest deficit and the deficits of each | ||||||
17 | of the other districts as constituted prior to the annexation. | ||||||
18 | The aggregate amount of the supplementary State aid payable | ||||||
19 | under this paragraph (3) shall be allocated between or among | ||||||
20 | the annexing districts as follows: | ||||||
21 | (A) the regional superintendent of schools for each | ||||||
22 | educational service region in which an annexed district is | ||||||
23 | located prior to the annexation shall certify to the State | ||||||
24 | Board of Education, on forms that it shall provide for | ||||||
25 | that purpose, the value of all taxable property in each | ||||||
26 | annexed district, as last equalized or assessed by the |
| |||||||
| |||||||
1 | Department of Revenue prior to the annexation, and the | ||||||
2 | equalized assessed value of each part of the annexed | ||||||
3 | district that was annexed to or included as a part of an | ||||||
4 | annexing district; | ||||||
5 | (B) using equalized assessed values as certified by | ||||||
6 | the regional superintendent of schools under clause (A) of | ||||||
7 | this paragraph (3), the combined audited fund balance | ||||||
8 | deficit of each annexed district as determined under this | ||||||
9 | Section shall be apportioned between or among the annexing | ||||||
10 | districts in the same ratio as the equalized assessed | ||||||
11 | value of that part of the annexed district that was | ||||||
12 | annexed to or included as a part of an annexing district | ||||||
13 | bears to the total equalized assessed value of the annexed | ||||||
14 | district; and | ||||||
15 | (C) the aggregate supplementary State aid payment | ||||||
16 | under this paragraph (3) shall be allocated between or | ||||||
17 | among, and shall be paid to, the annexing districts in the | ||||||
18 | same ratio as the sum of the combined audited fund balance | ||||||
19 | deficit of each annexing district as constituted prior to | ||||||
20 | the annexation, plus all combined audited fund balance | ||||||
21 | deficit amounts apportioned to that annexing district | ||||||
22 | under clause (B) of this subsection, bears to the | ||||||
23 | aggregate of the combined audited fund balance deficits of | ||||||
24 | all of the annexing and annexed districts as constituted | ||||||
25 | prior to the annexation. | ||||||
26 | (4) For the new elementary districts and new high school |
| |||||||
| |||||||
1 | district formed through a school district conversion, as | ||||||
2 | defined in Section 11E-15 of this Code or the new elementary | ||||||
3 | district or districts and new combined high school - unit | ||||||
4 | district formed through a multi-unit conversion, as defined in | ||||||
5 | subsection (b) of Section 11E-30 of this Code, a computation | ||||||
6 | shall be made totaling each previously existing district's | ||||||
7 | audited fund balances in the educational fund, working cash | ||||||
8 | fund, operations and maintenance fund, and transportation fund | ||||||
9 | for the year ending June 30 prior to the referendum | ||||||
10 | establishing the new districts. In the first year of the new | ||||||
11 | districts, the State shall make a one-time supplementary | ||||||
12 | payment equal to the sum of the differences between the | ||||||
13 | deficit of the previously existing district with the smallest | ||||||
14 | deficit and the deficits of each of the other previously | ||||||
15 | existing districts. A district with a combined balance among | ||||||
16 | the 4 funds that is positive shall be considered to have a | ||||||
17 | deficit of zero. The supplementary payment shall be allocated | ||||||
18 | among the newly formed high school and elementary districts in | ||||||
19 | the manner provided by the petition for the formation of the | ||||||
20 | districts, in the form in which the petition is approved by the | ||||||
21 | regional superintendent of schools or State Superintendent of | ||||||
22 | Education under Section 11E-50 of this Code. | ||||||
23 | (5) For each newly created partial elementary unit | ||||||
24 | district, as defined in subsection (a) or (c) of Section | ||||||
25 | 11E-30 of this Code, a computation shall be made totaling the | ||||||
26 | audited fund balances of each previously existing district |
| |||||||
| |||||||
1 | that formed the new partial elementary unit district in the | ||||||
2 | educational fund, working cash fund, operations and | ||||||
3 | maintenance fund, and transportation fund for the year ending | ||||||
4 | June 30 prior to the referendum for the formation of the | ||||||
5 | partial elementary unit district. In the first year of the new | ||||||
6 | partial elementary unit district, the State shall make a | ||||||
7 | one-time supplementary payment to the new district equal to | ||||||
8 | the sum of the differences between the deficit of the | ||||||
9 | previously existing district with the smallest deficit and the | ||||||
10 | deficits of each of the other previously existing districts. A | ||||||
11 | district with a combined balance among the 4 funds that is | ||||||
12 | positive shall be considered to have a deficit of zero. | ||||||
13 | (6) For an elementary opt-in as defined in subsection (d) | ||||||
14 | of Section 11E-30 of this Code, the deficit fund balance | ||||||
15 | incentive shall be computed in accordance with paragraph (5) | ||||||
16 | of this subsection (c) as if the opted-in elementary was | ||||||
17 | included in the optional elementary unit district at the | ||||||
18 | optional elementary unit district's original effective date. | ||||||
19 | If the calculation in this paragraph (6) is less than that | ||||||
20 | calculated in paragraph (5) of this subsection (c) at the | ||||||
21 | optional elementary unit district's original effective date, | ||||||
22 | then no adjustments may be made. If the calculation in this | ||||||
23 | paragraph (6) is more than that calculated in paragraph (5) of | ||||||
24 | this subsection (c) at the optional elementary unit district's | ||||||
25 | original effective date, then the excess must be paid as | ||||||
26 | follows: |
| |||||||
| |||||||
1 | (A) If the effective date for the elementary opt-in is | ||||||
2 | one year after the effective date for the optional | ||||||
3 | elementary unit district, 100% of the calculated excess | ||||||
4 | shall be paid to the optional elementary unit district in | ||||||
5 | the first year after the effective date of the elementary | ||||||
6 | opt-in. | ||||||
7 | (B) If the effective date for the elementary opt-in is | ||||||
8 | 2 years after the effective date for the optional | ||||||
9 | elementary unit district, 75% of the calculated excess | ||||||
10 | shall be paid to the optional elementary unit district in | ||||||
11 | the first year after the effective date of the elementary | ||||||
12 | opt-in. | ||||||
13 | (C) If the effective date for the elementary opt-in is | ||||||
14 | 3 years after the effective date for the optional | ||||||
15 | elementary unit district, 50% of the calculated excess | ||||||
16 | shall be paid to the optional elementary unit district in | ||||||
17 | the first year after the effective date of the elementary | ||||||
18 | opt-in. | ||||||
19 | (D) If the effective date for the elementary opt-in is | ||||||
20 | 4 years after the effective date for the optional | ||||||
21 | elementary unit district, 25% of the calculated excess | ||||||
22 | shall be paid to the optional elementary unit district in | ||||||
23 | the first year after the effective date of the elementary | ||||||
24 | opt-in. | ||||||
25 | (E) If the effective date for the elementary opt-in is | ||||||
26 | 5 years after the effective date for the optional |
| |||||||
| |||||||
1 | elementary unit district, the optional elementary unit | ||||||
2 | district is not eligible for any additional incentives due | ||||||
3 | to the elementary opt-in. | ||||||
4 | (6.5) For the first year after the annexation of territory
| ||||||
5 | detached from another school district whereby the enrollment | ||||||
6 | of
the annexing district increases by 90% or more as a result | ||||||
7 | of
the annexation, a computation shall be made totaling the
| ||||||
8 | audited fund balances of the district gaining territory and | ||||||
9 | the
audited fund balances of the district losing territory in | ||||||
10 | the
educational fund, working cash fund, operations and
| ||||||
11 | maintenance fund, and transportation fund for the year ending
| ||||||
12 | June 30 prior to the date that the change of boundaries
| ||||||
13 | attributable to the annexation is allowed by the affirmative
| ||||||
14 | decision of the regional board of school trustees under | ||||||
15 | Section
7-6 of this Code, notwithstanding any action for | ||||||
16 | administrative
review of the decision. The annexing district | ||||||
17 | as constituted
after the annexation shall be paid | ||||||
18 | supplementary State aid
equal to the difference between the | ||||||
19 | deficit of whichever
district included in this calculation as | ||||||
20 | constituted prior to
the annexation had the smallest deficit | ||||||
21 | and the deficit of each
other district included in this | ||||||
22 | calculation as constituted
prior to the annexation, multiplied | ||||||
23 | by the ratio of equalized
assessed value of the territory | ||||||
24 | detached to the total equalized
assessed value of the district | ||||||
25 | losing territory. The regional
superintendent of schools for | ||||||
26 | the educational service region in
which a district losing |
| |||||||
| |||||||
1 | territory is located prior to the
annexation shall certify to | ||||||
2 | the State Board of Education the
value of all taxable property | ||||||
3 | in the district losing territory
and the value of all taxable | ||||||
4 | property in the territory being
detached, as last equalized or | ||||||
5 | assessed by the Department of
Revenue prior to the annexation. | ||||||
6 | To be eligible for
supplementary State aid reimbursement under | ||||||
7 | this Section, the
intergovernmental agreement to be submitted | ||||||
8 | pursuant to
Section 7-14A of this Code must show that fund | ||||||
9 | balances were
transferred from the district losing territory | ||||||
10 | to the district
gaining territory in the annexation. The | ||||||
11 | changes to this
Section made by Public Act 95-707
are intended | ||||||
12 | to be retroactive and applicable to any
annexation taking | ||||||
13 | effect on or after July 1, 2004. For annexations that are | ||||||
14 | eligible for payments under this paragraph (6.5) and that are | ||||||
15 | effective on or after July 1, 2004, but before January 11, 2008 | ||||||
16 | (the effective date of Public Act 95-707), the required | ||||||
17 | payment under this paragraph (6.5) shall be paid in the fiscal | ||||||
18 | year of January 11, 2008 (the effective date of Public Act | ||||||
19 | 95-707).
| ||||||
20 | (7) For purposes of any calculation required under | ||||||
21 | paragraph (1), (2), (3), (4), (5), (6), or (6.5) of this | ||||||
22 | subsection (c), a district with a combined fund balance that | ||||||
23 | is positive shall be considered to have a deficit of zero. For | ||||||
24 | purposes of determining each district's audited fund balances | ||||||
25 | in its educational fund, working cash fund, operations and | ||||||
26 | maintenance fund, and transportation fund for the specified |
| |||||||
| |||||||
1 | year ending June 30, as provided in paragraphs (1), (2), (3), | ||||||
2 | (4), (5), (6), and (6.5) of this subsection (c), the balance of | ||||||
3 | each fund shall be deemed decreased by an amount equal to the | ||||||
4 | amount of the annual property tax theretofore levied in the | ||||||
5 | fund by the district for collection and payment to the | ||||||
6 | district during the calendar year in which the June 30 fell, | ||||||
7 | but only to the extent that the tax so levied in the fund | ||||||
8 | actually was received by the district on or before or | ||||||
9 | comprised a part of the fund on such June 30. For purposes of | ||||||
10 | determining each district's audited fund balances, a | ||||||
11 | calculation shall be made for each fund to determine the | ||||||
12 | average for the 3 years prior to the specified year ending June | ||||||
13 | 30, as provided in paragraphs (1), (2), (3), (4), (5), (6), and | ||||||
14 | (6.5) of this subsection (c), of the district's expenditures | ||||||
15 | in the categories "purchased services", "supplies and | ||||||
16 | materials", and "capital outlay", as those categories are | ||||||
17 | defined in rules of the State Board of Education. If this | ||||||
18 | 3-year average is less than the district's expenditures in | ||||||
19 | these categories for the specified year ending June 30, as | ||||||
20 | provided in paragraphs (1), (2), (3), (4), (5), (6), and (6.5) | ||||||
21 | of this subsection (c), then the 3-year average shall be used | ||||||
22 | in calculating the amounts payable under this Section in place | ||||||
23 | of the amounts shown in these categories for the specified | ||||||
24 | year ending June 30, as provided in paragraphs (1), (2), (3), | ||||||
25 | (4), (5), (6), and (6.5) of this subsection (c). Any deficit | ||||||
26 | because of State aid not yet received may not be considered in |
| |||||||
| |||||||
1 | determining the June 30 deficits. The same basis of accounting | ||||||
2 | shall be used by all previously existing districts and by all | ||||||
3 | annexing or annexed districts, as constituted prior to the | ||||||
4 | annexation, in making any computation required under | ||||||
5 | paragraphs (1), (2), (3), (4), (5), (6), and (6.5) of this | ||||||
6 | subsection (c). | ||||||
7 | (8) The supplementary State aid payments under this | ||||||
8 | subsection (c) shall be treated as separate from all other | ||||||
9 | payments made pursuant to Section 18-8.05 of this Code. | ||||||
10 | (d)(1) Following the formation of a combined school | ||||||
11 | district, as defined in Section 11E-20 of this Code, a new unit | ||||||
12 | district, as defined in Section 11E-25 of this Code, a new | ||||||
13 | elementary district or districts and a new high school | ||||||
14 | district formed through a school district conversion, as | ||||||
15 | defined in Section 11E-15 of this Code, a new partial | ||||||
16 | elementary unit district, as defined in Section 11E-30 of this | ||||||
17 | Code, or a new elementary district or districts formed through | ||||||
18 | a multi-unit conversion, as defined in subsection (b) of | ||||||
19 | Section 11E-30 of this Code, or the annexation of all of the | ||||||
20 | territory of one or more entire school districts by one or more | ||||||
21 | other school districts, as defined in Article 7 of this Code, a | ||||||
22 | supplementary State aid reimbursement shall be paid for the | ||||||
23 | number of school years determined under the following table to | ||||||
24 | each new or annexing district equal to the sum of $4,000 for | ||||||
25 | each certified employee who is employed by the district on a | ||||||
26 | full-time basis for the regular term of the school year: | ||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | The State Board of Education shall make a one-time calculation | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | of a reorganized district's quintile ranks. The average daily | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | attendance used in this calculation shall be the best 3 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | months' average daily attendance for the district's first | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | year. The equalized assessed value per pupil shall be the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | district's real property equalized assessed value used in | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | calculating the district's first-year general State aid claim, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | under Section 18-8.05 of this Code, or first-year | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | evidence-based funding claim, under Section 18-8.15 of this | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | Code, as applicable, divided by the best 3 months' average | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | daily attendance. |
| |||||||
| |||||||
1 | No annexing or resulting school district shall be entitled | ||||||
2 | to supplementary State aid under this subsection (d) unless | ||||||
3 | the district acquires at least 30% of the average daily | ||||||
4 | attendance of the district from which the territory is being | ||||||
5 | detached or divided. | ||||||
6 | If a district results from multiple reorganizations that | ||||||
7 | would otherwise qualify the district for multiple payments | ||||||
8 | under this subsection (d) in any year, then the district shall | ||||||
9 | receive a single payment only for that year based solely on the | ||||||
10 | most recent reorganization. | ||||||
11 | (2) For an elementary opt-in, as defined in subsection (d) | ||||||
12 | of Section 11E-30 of this Code, the full-time certified staff | ||||||
13 | incentive shall be computed in accordance with paragraph (1) | ||||||
14 | of this subsection (d), equal to the sum of $4,000 for each | ||||||
15 | certified employee of the elementary district that opts-in who | ||||||
16 | is employed by the optional elementary unit district on a | ||||||
17 | full-time basis for the regular term of the school year. The | ||||||
18 | calculation from this paragraph (2) must be paid as follows: | ||||||
19 | (A) If the effective date for the elementary opt-in is | ||||||
20 | one year after the effective date for the optional | ||||||
21 | elementary unit district, 100% of the amount calculated in | ||||||
22 | this paragraph (2) shall be paid to the optional | ||||||
23 | elementary unit district for the number of years | ||||||
24 | calculated in paragraph (1) of this subsection (d) at the | ||||||
25 | optional elementary unit district's original effective | ||||||
26 | date, starting in the second year after the effective date |
| |||||||
| |||||||
1 | of the elementary opt-in. | ||||||
2 | (B) If the effective date for the elementary opt-in is | ||||||
3 | 2 years after the effective date for the optional | ||||||
4 | elementary unit district, 75% of the amount calculated in | ||||||
5 | this paragraph (2) shall be paid to the optional | ||||||
6 | elementary unit district for the number of years | ||||||
7 | calculated in paragraph (1) of this subsection (d) at the | ||||||
8 | optional elementary unit district's original effective | ||||||
9 | date, starting in the second year after the effective date | ||||||
10 | of the elementary opt-in. | ||||||
11 | (C) If the effective date for the elementary opt-in is | ||||||
12 | 3 years after the effective date for the optional | ||||||
13 | elementary unit district, 50% of the amount calculated in | ||||||
14 | this paragraph (2) shall be paid to the optional | ||||||
15 | elementary unit district for the number of years | ||||||
16 | calculated in paragraph (1) of this subsection (d) at the | ||||||
17 | optional elementary unit district's original effective | ||||||
18 | date, starting in the second year after the effective date | ||||||
19 | of the elementary opt-in. | ||||||
20 | (D) If the effective date for the elementary opt-in is | ||||||
21 | 4 years after the effective date for the optional | ||||||
22 | elementary unit district, 25% of the amount calculated in | ||||||
23 | this paragraph (2) shall be paid to the optional | ||||||
24 | elementary unit district for the number of years | ||||||
25 | calculated in paragraph (1) of this subsection (d) at the | ||||||
26 | optional elementary unit district's original effective |
| |||||||
| |||||||
1 | date, starting in the second year after the effective date | ||||||
2 | of the elementary opt-in. | ||||||
3 | (E) If the effective date for the elementary opt-in is | ||||||
4 | 5 years after the effective date for the optional | ||||||
5 | elementary unit district, the optional elementary unit | ||||||
6 | district is not eligible for any additional incentives due | ||||||
7 | to the elementary opt-in. | ||||||
8 | (2.5) Following the formation of a cooperative high school | ||||||
9 | by 2 or more school districts under Section 10-22.22c of this | ||||||
10 | Code, a supplementary State aid reimbursement shall be paid | ||||||
11 | for 3 school years to the cooperative high school equal to the | ||||||
12 | sum of $4,000 for each certified employee who is employed by | ||||||
13 | the cooperative high school on a full-time basis for the | ||||||
14 | regular term of any such school year. If a cooperative high | ||||||
15 | school results from multiple agreements that would otherwise | ||||||
16 | qualify the cooperative high school for multiple payments | ||||||
17 | under this Section in any year, the cooperative high school | ||||||
18 | shall receive a single payment for that year based solely on | ||||||
19 | the most recent agreement. | ||||||
20 | (2.10) Following the annexation of territory detached from
| ||||||
21 | another school district whereby the enrollment of the annexing
| ||||||
22 | district increases 90% or more as a result of the annexation, a
| ||||||
23 | supplementary State aid reimbursement shall be paid to the
| ||||||
24 | annexing district equal to the sum of $4,000 for each | ||||||
25 | certified
employee who is employed by the annexing district on | ||||||
26 | a
full-time basis and shall be calculated in accordance with
|
| |||||||
| |||||||
1 | subsection (a) of this Section. To be eligible for
| ||||||
2 | supplementary State aid reimbursement under this Section, the
| ||||||
3 | intergovernmental agreement to be submitted pursuant to
| ||||||
4 | Section 7-14A of this Code must show that certified staff
| ||||||
5 | members were transferred from the control of the district
| ||||||
6 | losing territory to the control of the district gaining
| ||||||
7 | territory in the annexation. The changes to this Section made
| ||||||
8 | by Public Act 95-707
are
intended to be retroactive and | ||||||
9 | applicable to any annexation
taking effect on or after July 1, | ||||||
10 | 2004. For annexations that are eligible for payments under | ||||||
11 | this paragraph (2.10) and that are effective on or after July | ||||||
12 | 1, 2004, but before January 11, 2008 (the effective date of | ||||||
13 | Public Act 95-707), the first required yearly payment under | ||||||
14 | this paragraph (2.10) shall be paid in the second fiscal year | ||||||
15 | after January 11, 2008 (the effective date of Public Act | ||||||
16 | 95-707). Any subsequent required yearly payments shall be paid | ||||||
17 | in subsequent fiscal years until the payment obligation under | ||||||
18 | this paragraph (2.10) is complete.
| ||||||
19 | (2.15)
Following the deactivation of a school facility in | ||||||
20 | accordance with Section 10-22.22b of this Code, a | ||||||
21 | supplementary State aid reimbursement shall be paid for the | ||||||
22 | lesser of 3 school years or the length of the deactivation | ||||||
23 | agreement, including any renewals of the original deactivation | ||||||
24 | agreement, to each receiving school district equal to the sum | ||||||
25 | of $4,000 for each certified employee who is employed by that | ||||||
26 | receiving district on a full-time basis for the regular term |
| |||||||
| |||||||
1 | of any such school year who was originally transferred to the | ||||||
2 | control of that receiving district as a result of the | ||||||
3 | deactivation. Receiving districts are eligible for payments | ||||||
4 | under this paragraph (2.15)
based on the certified employees | ||||||
5 | transferred to that receiving district as a result of the | ||||||
6 | deactivation and are not required to receive at least 30% of | ||||||
7 | the deactivating district's average daily attendance as | ||||||
8 | required under paragraph (1) of this subsection (d) to be | ||||||
9 | eligible for payments. | ||||||
10 | (3) The supplementary State aid reimbursement payable | ||||||
11 | under this subsection (d) shall be separate from and in | ||||||
12 | addition to all other payments made to the district pursuant | ||||||
13 | to any other Section of this Article. | ||||||
14 | (4) During May of each school year for which a | ||||||
15 | supplementary State aid reimbursement is to be paid to a new, | ||||||
16 | annexing, or receiving school district or cooperative high | ||||||
17 | school pursuant to this subsection (d), the school board or | ||||||
18 | governing board shall certify to the State Board of Education, | ||||||
19 | on forms furnished to the school board or governing board by | ||||||
20 | the State Board of Education for purposes of this subsection | ||||||
21 | (d), the number of certified employees for which the district | ||||||
22 | or cooperative high school is entitled to reimbursement under | ||||||
23 | this Section, together with the names, certificate numbers, | ||||||
24 | and positions held by the certified employees. | ||||||
25 | (5) Upon certification by the State Board of Education to | ||||||
26 | the State Comptroller of the amount of the supplementary State |
| |||||||
| |||||||
1 | aid reimbursement to which a school district or cooperative | ||||||
2 | high school is entitled under this subsection (d), the State | ||||||
3 | Comptroller shall draw his or her warrant upon the State | ||||||
4 | Treasurer for the payment thereof to the school district or | ||||||
5 | cooperative high school and shall promptly transmit the | ||||||
6 | payment to the school district or cooperative high school | ||||||
7 | through the appropriate school treasurer.
| ||||||
8 | (Source: P.A. 100-465, eff. 8-31-17.) | ||||||
9 | (105 ILCS 5/11E-140 new) | ||||||
10 | Sec. 11E-140. School District Efficiency Commission. | ||||||
11 | (a) The School District Efficiency Commission is created. | ||||||
12 | The Commission shall consist of all of the following voting | ||||||
13 | members: | ||||||
14 | (1) The Lieutenant Governor or his or her appointee, | ||||||
15 | who shall serve as the chairperson. | ||||||
16 | (2) One member appointed by the State Board of | ||||||
17 | Education. | ||||||
18 | (3) One representative appointed by the Speaker of the | ||||||
19 | House of Representatives. | ||||||
20 | (4) One representative appointed by the Minority | ||||||
21 | Leader of the House of Representatives. | ||||||
22 | (5) One senator appointed by the President of the | ||||||
23 | Senate. | ||||||
24 | (6) One senator appointed by the Minority Leader of | ||||||
25 | the Senate. |
| |||||||
| |||||||
1 | (7) A representative of a statewide professional | ||||||
2 | teachers' organization appointed by the head of that | ||||||
3 | organization. | ||||||
4 | (8) A representative of a different statewide | ||||||
5 | professional teachers' organization appointed by the head | ||||||
6 | of that organization. | ||||||
7 | (9) A representative of a statewide organization that | ||||||
8 | represents school boards appointed by the head of that | ||||||
9 | organization. | ||||||
10 | (10) A representative of a statewide organization | ||||||
11 | representing principals appointed by the head of that | ||||||
12 | organization. | ||||||
13 | (11) A representative of an organization representing | ||||||
14 | professional teachers in a city having a population | ||||||
15 | exceeding 500,000 appointed by the head of that | ||||||
16 | organization. | ||||||
17 | (12) A representative of an association representing | ||||||
18 | school business officials appointed by the head of that | ||||||
19 | association. | ||||||
20 | (13) A representative of an association representing | ||||||
21 | school administrators appointed by the head of that | ||||||
22 | association. | ||||||
23 | (14) A member of the Chicago Board of Education | ||||||
24 | appointed by the Chicago Board of Education. | ||||||
25 | (15) A representative from an organization | ||||||
26 | representing administrators of special education appointed |
| |||||||
| |||||||
1 | by the head of that organization. | ||||||
2 | (16) A representative from a statewide parent | ||||||
3 | organization appointed by the head of that organization. | ||||||
4 | (17) A representative from an organization | ||||||
5 | representing high school districts appointed by the head | ||||||
6 | of that organization. | ||||||
7 | (18) A representative from a rural school district in | ||||||
8 | this State appointed by the Governor. | ||||||
9 | (19) A representative from a suburban school district | ||||||
10 | in this State appointed by the Governor. | ||||||
11 | (20) A representative of an association that | ||||||
12 | represents regional superintendents of schools appointed | ||||||
13 | by the head of that association. | ||||||
14 | Members shall serve without compensation, but shall be | ||||||
15 | reimbursed for their reasonable and necessary expenses from | ||||||
16 | funds appropriated for that purpose. Members shall be | ||||||
17 | reimbursed for their travel expenses from appropriations to | ||||||
18 | the State Board of Education made available for that purpose | ||||||
19 | and subject to the rules of the appropriate travel control | ||||||
20 | board. The Commission shall meet at the call of the | ||||||
21 | chairperson, with the initial meeting of the Commission being | ||||||
22 | held as soon as possible after the effective date of this | ||||||
23 | amendatory Act of the 101st General Assembly, and shall hold | ||||||
24 | public hearings throughout this State. The State Board shall | ||||||
25 | provide administrative assistance and necessary staff support | ||||||
26 | services to the Commission. |
| |||||||
| |||||||
1 | (b) The Commission must make recommendations to the | ||||||
2 | Governor and the General Assembly on the number of school | ||||||
3 | districts in this State, the optimal amount of enrollment for | ||||||
4 | a school district, and where reorganization and realignment of | ||||||
5 | school districts would be beneficial in this State. The | ||||||
6 | Commission's recommendations must focus on all of the | ||||||
7 | following areas: | ||||||
8 | (1) Reducing the money spent on the duplication of | ||||||
9 | efforts. | ||||||
10 | (2) Improving the education of students by having | ||||||
11 | fewer obstacles between qualified teachers and their | ||||||
12 | students. | ||||||
13 | (3) Lowering the property tax burden. | ||||||
14 | (4) Providing recommendations on what the net cost | ||||||
15 | savings of realignment is to this State. | ||||||
16 | (5) With a view toward reducing unnecessary | ||||||
17 | administrative costs, improving the education of students, | ||||||
18 | and lowering the property tax burden, drafting specific | ||||||
19 | propositions to reduce the statewide total number of | ||||||
20 | school districts by no less than 25% through the | ||||||
21 | reorganization of school districts into unit districts | ||||||
22 | under Section 11E-25. Each proposition under this | ||||||
23 | paragraph must include all of the following: | ||||||
24 | (A) A request to submit the proposition at the | ||||||
25 | next general election for the purpose of voting for or | ||||||
26 | against the establishment of a combined unit district. |
| |||||||
| |||||||
1 | (B) A description of the territory comprising the | ||||||
2 | districts proposed to be dissolved and those to be | ||||||
3 | created, which, for an entire district, may be a | ||||||
4 | general reference to all of the territory included | ||||||
5 | within that district. | ||||||
6 | (C) A specification of the maximum tax rates the | ||||||
7 | proposed district or districts are authorized to levy | ||||||
8 | for various purposes and, if applicable, the | ||||||
9 | specifications related to the Property Tax Extension | ||||||
10 | Limitation Law, in accordance with Section 11E-80 of | ||||||
11 | this Code. | ||||||
12 | (c) On or before May 1, 2022, the Commission must vote on | ||||||
13 | its recommended propositions and file a report with the | ||||||
14 | Governor and the General Assembly. If the Commission adopts | ||||||
15 | the report by an affirmative vote of at least 11 of its | ||||||
16 | members, then the Commission's specific propositions for | ||||||
17 | reorganization of school districts into unit districts under | ||||||
18 | paragraph (5) of subsection (b) shall be filed with the | ||||||
19 | appropriate regional superintendent of schools in the same | ||||||
20 | form as required for petitions under Section 11E-35. | ||||||
21 | (d) Upon the filing of a proposition with the regional | ||||||
22 | superintendent of schools under subsection (c), the regional | ||||||
23 | superintendent shall do both of the following: | ||||||
24 | (1) Provide a copy of the proposition to each school | ||||||
25 | board affected by the proposition and the regional | ||||||
26 | superintendent of schools of any other educational service |
| |||||||
| |||||||
1 | region in which the territory described in the proposition | ||||||
2 | is situated. | ||||||
3 | (2) Publish a notice of the proposition at least once | ||||||
4 | each week for 3 successive weeks in at least one newspaper | ||||||
5 | having general circulation within the area of all of the | ||||||
6 | territory of the proposed district or districts. The | ||||||
7 | expense of publishing the notice shall be paid by the | ||||||
8 | School District Efficiency Commission. | ||||||
9 | (e) The notice described in paragraph (2) of subsection | ||||||
10 | (d) must include all of the following information: | ||||||
11 | (1) When and to whom the proposition was presented. | ||||||
12 | (2) The proposition. | ||||||
13 | (3) A description of the territory comprising the | ||||||
14 | districts proposed to be dissolved and those to be | ||||||
15 | created, which, for an entire district, may be a general | ||||||
16 | reference to all of the territory included within that | ||||||
17 | district. | ||||||
18 | (f) Within 14 days after receipt of the recommended | ||||||
19 | proposition, the regional superintendent of schools must | ||||||
20 | inform the School District Efficiency Commission if the | ||||||
21 | recommended proposition, as amended or filed, is proper and in | ||||||
22 | compliance with all applicable requirements set forth in the | ||||||
23 | Election Code. If the regional superintendent determines that | ||||||
24 | the proposition is not in proper order or not in compliance | ||||||
25 | with any applicable requirements set forth in the Election | ||||||
26 | Code, the regional superintendent must identify the specific |
| |||||||
| |||||||
1 | alleged defects in the proposition and include specific | ||||||
2 | recommendations to cure the alleged defects. The School | ||||||
3 | District Efficiency Commission may amend the proposition to | ||||||
4 | cure the alleged defects within 14 days after receipt of the | ||||||
5 | regional superintendent's specific recommendations. | ||||||
6 | (g) Within 14 days after receipt of the School District | ||||||
7 | Efficiency Commission's amendments in response to the specific | ||||||
8 | recommendations, the regional superintendent of schools shall, | ||||||
9 | upon determining the proposition is in proper order and in | ||||||
10 | compliance with applicable requirements set forth in the | ||||||
11 | Election Code, through a written order, approve the | ||||||
12 | proposition, or, if the regional superintendent of schools | ||||||
13 | determines that the amended proposition is not proper or not | ||||||
14 | in compliance with the Election Code, the regional | ||||||
15 | superintendent shall deny the proposition. | ||||||
16 | (h) Upon approving or denying the proposition, the | ||||||
17 | regional superintendent of schools shall submit the | ||||||
18 | proposition and all evidence to the State Superintendent of | ||||||
19 | Education. The State Superintendent shall review the | ||||||
20 | proposition and the written order of the regional | ||||||
21 | superintendent, if any. Within 21 days after the receipt of | ||||||
22 | the regional superintendent's decision, the State | ||||||
23 | Superintendent shall determine whether the proposition is | ||||||
24 | proper and in compliance with the applicable requirements set | ||||||
25 | forth in the Election Code, and, through a written order, | ||||||
26 | either approve or deny the proposition. If the State |
| |||||||
| |||||||
1 | Superintendent denies the proposition, the State | ||||||
2 | Superintendent shall set forth in writing the specific basis | ||||||
3 | for determining the proposition is not proper or not in | ||||||
4 | compliance with the applicable provisions of the Election | ||||||
5 | Code. The decision of the State Superintendent is an | ||||||
6 | administrative decision as defined in Section 3-101 of the | ||||||
7 | Code of Civil Procedure. The State Superintendent shall | ||||||
8 | provide a copy of the decision by certified mail, return | ||||||
9 | receipt requested, to the School District Efficiency | ||||||
10 | Commission, each school board of a district in which territory | ||||||
11 | described in the proposition is situated, the regional | ||||||
12 | superintendent with whom the proposition was filed, and the | ||||||
13 | regional superintendent of schools of any other educational | ||||||
14 | service region in which territory described in the proposition | ||||||
15 | is situated. If the proposition is approved, the State | ||||||
16 | Superintendent shall otherwise treat the approved proposition | ||||||
17 | as a petition approved under subsection (b) of Section 11E-50. | ||||||
18 | (i) Any member of the School District Efficiency | ||||||
19 | Commission or school board of any district in which territory | ||||||
20 | described in the proposition is situated may, within 35 days | ||||||
21 | after a copy of the decision sought to be reviewed was served | ||||||
22 | by certified mail, return receipt requested, upon the affected | ||||||
23 | party or upon the attorney of record for the party, apply for a | ||||||
24 | review of an administrative decision of the State | ||||||
25 | Superintendent of Education in accordance with the | ||||||
26 | Administrative Review Law and any rules adopted pursuant to |
| |||||||
| |||||||
1 | the Administrative Review Law. The commencement of any action | ||||||
2 | for review shall operate as a supersedeas, and no further | ||||||
3 | proceedings shall be had until final disposition of the | ||||||
4 | review. The circuit court of the county in which the | ||||||
5 | proposition is filed with the regional superintendent of | ||||||
6 | schools shall have sole jurisdiction to entertain a complaint | ||||||
7 | for review. | ||||||
8 | (j) This Section is repealed on January 31, 2023.
| ||||||
9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
|