Elementary & Secondary Education Committee

Adopted in House Comm. on Mar 04, 2004

 

 


 

 


 
09300HB4522ham001 LRB093 18098 NHT 47339 a

1
AMENDMENT TO HOUSE BILL 4522

2     AMENDMENT NO. ______. Amend House Bill 4522 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The School Code is amended by changing Sections
5 18-8.05 and 18-11 as follows:
 
6     (105 ILCS 5/18-8.05)
7     Sec. 18-8.05. Basis for apportionment of general State
8 financial aid and supplemental general State aid to the common
9 schools for the 1998-1999 and subsequent school years.
 
10 (A) General Provisions.
11     (1) The provisions of this Section apply to the 1998-1999
12 and subsequent school years. The system of general State
13 financial aid provided for in this Section is designed to
14 assure that, through a combination of State financial aid and
15 required local resources, the financial support provided each
16 pupil in Average Daily Attendance equals or exceeds a
17 prescribed per pupil Foundation Level. This formula approach
18 imputes a level of per pupil Available Local Resources and
19 provides for the basis to calculate a per pupil level of
20 general State financial aid that, when added to Available Local
21 Resources, equals or exceeds the Foundation Level. The amount
22 of per pupil general State financial aid for school districts,
23 in general, varies in inverse relation to Available Local

 

 

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1 Resources. Per pupil amounts are based upon each school
2 district's Average Daily Attendance as that term is defined in
3 this Section.
4     (2) In addition to general State financial aid, school
5 districts with specified levels or concentrations of pupils
6 from low income households are eligible to receive supplemental
7 general State financial aid grants as provided pursuant to
8 subsection (H). The supplemental State aid grants provided for
9 school districts under subsection (H) shall be appropriated for
10 distribution to school districts as part of the same line item
11 in which the general State financial aid of school districts is
12 appropriated under this Section.
13     (3) To receive financial assistance under this Section,
14 school districts are required to file claims with the State
15 Board of Education, subject to the following requirements:
16         (a) Any school district which fails for any given
17 school year to maintain school as required by law, or to
18 maintain a recognized school is not eligible to file for
19 such school year any claim upon the Common School Fund. In
20 case of nonrecognition of one or more attendance centers in
21 a school district otherwise operating recognized schools,
22 the claim of the district shall be reduced in the
23 proportion which the Average Daily Attendance in the
24 attendance center or centers bear to the Average Daily
25 Attendance in the school district. A "recognized school"
26 means any public school which meets the standards as
27 established for recognition by the State Board of
28 Education. A school district or attendance center not
29 having recognition status at the end of a school term is
30 entitled to receive State aid payments due upon a legal
31 claim which was filed while it was recognized.
32         (b) School district claims filed under this Section are
33 subject to Sections 18-9, 18-10, and 18-12, except as
34 otherwise provided in this Section.

 

 

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1         (c) If a school district operates a full year school
2 under Section 10-19.1, the general State aid to the school
3 district shall be determined by the State Board of
4 Education in accordance with this Section as near as may be
5 applicable.
6         (d) (Blank).
7     (4) Except as provided in subsections (H) and (L), the
8 board of any district receiving any of the grants provided for
9 in this Section may apply those funds to any fund so received
10 for which that board is authorized to make expenditures by law.
11     School districts are not required to exert a minimum
12 Operating Tax Rate in order to qualify for assistance under
13 this Section.
14     (5) As used in this Section the following terms, when
15 capitalized, shall have the meaning ascribed herein:
16         (a) "Average Daily Attendance": A count of pupil
17 attendance in school, averaged as provided for in
18 subsection (C) and utilized in deriving per pupil financial
19 support levels.
20         (b) "Available Local Resources": A computation of
21 local financial support, calculated on the basis of Average
22 Daily Attendance and derived as provided pursuant to
23 subsection (D).
24         (c) "Corporate Personal Property Replacement Taxes":
25 Funds paid to local school districts pursuant to "An Act in
26 relation to the abolition of ad valorem personal property
27 tax and the replacement of revenues lost thereby, and
28 amending and repealing certain Acts and parts of Acts in
29 connection therewith", certified August 14, 1979, as
30 amended (Public Act 81-1st S.S.-1).
31         (d) "Foundation Level": A prescribed level of per pupil
32 financial support as provided for in subsection (B).
33         (e) "Operating Tax Rate": All school district property
34 taxes extended for all purposes, except Bond and Interest,

 

 

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1 Summer School, Rent, Capital Improvement, and Vocational
2 Education Building purposes.
 
3 (B) Foundation Level.
4     (1) The Foundation Level is a figure established by the
5 State representing the minimum level of per pupil financial
6 support that should be available to provide for the basic
7 education of each pupil in Average Daily Attendance. As set
8 forth in this Section, each school district is assumed to exert
9 a sufficient local taxing effort such that, in combination with
10 the aggregate of general State financial aid provided the
11 district, an aggregate of State and local resources are
12 available to meet the basic education needs of pupils in the
13 district.
14     (2) For the 1998-1999 school year, the Foundation Level of
15 support is $4,225. For the 1999-2000 school year, the
16 Foundation Level of support is $4,325. For the 2000-2001 school
17 year, the Foundation Level of support is $4,425.
18     (3) For the 2001-2002 school year and 2002-2003 school
19 year, the Foundation Level of support is $4,560.
20     (4) For the 2003-2004 school year and each school year
21 thereafter, the Foundation Level of support is $4,810 or such
22 greater amount as may be established by law by the General
23 Assembly.
 
24 (C) Average Daily Attendance.
25     (1) For purposes of calculating general State aid pursuant
26 to subsection (E), an Average Daily Attendance figure shall be
27 utilized. The Average Daily Attendance figure for formula
28 calculation purposes shall be the monthly average of the actual
29 number of pupils in attendance of each school district, as
30 further averaged for the best 3 months of pupil attendance for
31 each school district. In compiling the figures for the number
32 of pupils in attendance, school districts and the State Board

 

 

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1 of Education shall, for purposes of general State aid funding,
2 conform attendance figures to the requirements of subsection
3 (F).
4     (2) The Average Daily Attendance figures utilized in
5 subsection (E) shall be the requisite attendance data for the
6 school year immediately preceding the school year for which
7 general State aid is being calculated or the average of the
8 attendance data for the 3 preceding school years, whichever is
9 greater. The Average Daily Attendance figures utilized in
10 subsection (H) shall be the requisite attendance data for the
11 school year immediately preceding the school year for which
12 general State aid is being calculated.
 
13 (D) Available Local Resources.
14     (1) For purposes of calculating general State aid pursuant
15 to subsection (E), a representation of Available Local
16 Resources per pupil, as that term is defined and determined in
17 this subsection, shall be utilized. Available Local Resources
18 per pupil shall include a calculated dollar amount representing
19 local school district revenues from local property taxes and
20 from Corporate Personal Property Replacement Taxes, expressed
21 on the basis of pupils in Average Daily Attendance.
22     (2) In determining a school district's revenue from local
23 property taxes, the State Board of Education shall utilize the
24 equalized assessed valuation of all taxable property of each
25 school district as of September 30 of the previous year. The
26 equalized assessed valuation utilized shall be obtained and
27 determined as provided in subsection (G).
28     (3) For school districts maintaining grades kindergarten
29 through 12, local property tax revenues per pupil shall be
30 calculated as the product of the applicable equalized assessed
31 valuation for the district multiplied by 3.00%, and divided by
32 the district's Average Daily Attendance figure. For school
33 districts maintaining grades kindergarten through 8, local

 

 

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1 property tax revenues per pupil shall be calculated as the
2 product of the applicable equalized assessed valuation for the
3 district multiplied by 2.30%, and divided by the district's
4 Average Daily Attendance figure. For school districts
5 maintaining grades 9 through 12, local property tax revenues
6 per pupil shall be the applicable equalized assessed valuation
7 of the district multiplied by 1.05%, and divided by the
8 district's Average Daily Attendance figure.
9     (4) The Corporate Personal Property Replacement Taxes paid
10 to each school district during the calendar year 2 years before
11 the calendar year in which a school year begins, divided by the
12 Average Daily Attendance figure for that district, shall be
13 added to the local property tax revenues per pupil as derived
14 by the application of the immediately preceding paragraph (3).
15 The sum of these per pupil figures for each school district
16 shall constitute Available Local Resources as that term is
17 utilized in subsection (E) in the calculation of general State
18 aid.
 
19 (E) Computation of General State Aid.
20     (1) For each school year, the amount of general State aid
21 allotted to a school district shall be computed by the State
22 Board of Education as provided in this subsection.
23     (2) For any school district for which Available Local
24 Resources per pupil is less than the product of 0.93 times the
25 Foundation Level, general State aid for that district shall be
26 calculated as an amount equal to the Foundation Level minus
27 Available Local Resources, multiplied by the Average Daily
28 Attendance of the school district.
29     (3) For any school district for which Available Local
30 Resources per pupil is equal to or greater than the product of
31 0.93 times the Foundation Level and less than the product of
32 1.75 times the Foundation Level, the general State aid per
33 pupil shall be a decimal proportion of the Foundation Level

 

 

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1 derived using a linear algorithm. Under this linear algorithm,
2 the calculated general State aid per pupil shall decline in
3 direct linear fashion from 0.07 times the Foundation Level for
4 a school district with Available Local Resources equal to the
5 product of 0.93 times the Foundation Level, to 0.05 times the
6 Foundation Level for a school district with Available Local
7 Resources equal to the product of 1.75 times the Foundation
8 Level. The allocation of general State aid for school districts
9 subject to this paragraph 3 shall be the calculated general
10 State aid per pupil figure multiplied by the Average Daily
11 Attendance of the school district.
12     (4) For any school district for which Available Local
13 Resources per pupil equals or exceeds the product of 1.75 times
14 the Foundation Level, the general State aid for the school
15 district shall be calculated as the product of $218 multiplied
16 by the Average Daily Attendance of the school district.
17     (5) The amount of general State aid allocated to a school
18 district for the 1999-2000 school year meeting the requirements
19 set forth in paragraph (4) of subsection (G) shall be increased
20 by an amount equal to the general State aid that would have
21 been received by the district for the 1998-1999 school year by
22 utilizing the Extension Limitation Equalized Assessed
23 Valuation as calculated in paragraph (4) of subsection (G) less
24 the general State aid allotted for the 1998-1999 school year.
25 This amount shall be deemed a one time increase, and shall not
26 affect any future general State aid allocations.
 
27 (F) Compilation of Average Daily Attendance.
28     (1) Each school district shall, by July 1 of each year,
29 submit to the State Board of Education, on forms prescribed by
30 the State Board of Education, attendance figures for the school
31 year that began in the preceding calendar year. The attendance
32 information so transmitted shall identify the average daily
33 attendance figures for each month of the school year. Beginning

 

 

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1 with the general State aid claim form for the 2002-2003 school
2 year, districts shall calculate Average Daily Attendance as
3 provided in subdivisions (a), (b), and (c) of this paragraph
4 (1).
5         (a) In districts that do not hold year-round classes,
6 days of attendance in August shall be added to the month of
7 September and any days of attendance in June shall be added
8 to the month of May.
9         (b) In districts in which all buildings hold year-round
10 classes, days of attendance in July and August shall be
11 added to the month of September and any days of attendance
12 in June shall be added to the month of May.
13         (c) In districts in which some buildings, but not all,
14 hold year-round classes, for the non-year-round buildings,
15 days of attendance in August shall be added to the month of
16 September and any days of attendance in June shall be added
17 to the month of May. The average daily attendance for the
18 year-round buildings shall be computed as provided in
19 subdivision (b) of this paragraph (1). To calculate the
20 Average Daily Attendance for the district, the average
21 daily attendance for the year-round buildings shall be
22 multiplied by the days in session for the non-year-round
23 buildings for each month and added to the monthly
24 attendance of the non-year-round buildings.
25     Except as otherwise provided in this Section, days of
26 attendance by pupils shall be counted only for sessions of not
27 less than 5 clock hours of school work per day under direct
28 supervision of: (i) teachers, or (ii) non-teaching personnel or
29 volunteer personnel when engaging in non-teaching duties and
30 supervising in those instances specified in subsection (a) of
31 Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
32 of legal school age and in kindergarten and grades 1 through
33 12.
34     Days of attendance by tuition pupils shall be accredited

 

 

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1 only to the districts that pay the tuition to a recognized
2 school.
3     (2) Days of attendance by pupils of less than 5 clock hours
4 of school shall be subject to the following provisions in the
5 compilation of Average Daily Attendance.
6         (a) Pupils regularly enrolled in a public school for
7 only a part of the school day may be counted on the basis
8 of 1/6 day for every class hour of instruction of 40
9 minutes or more attended pursuant to such enrollment,
10 unless a pupil is enrolled in a block-schedule format of 80
11 minutes or more of instruction, in which case the pupil may
12 be counted on the basis of the proportion of minutes of
13 school work completed each day to the minimum number of
14 minutes that school work is required to be held that day.
15         (b) Days of attendance may be less than 5 clock hours
16 on the opening and closing of the school term, and upon the
17 first day of pupil attendance, if preceded by a day or days
18 utilized as an institute or teachers' workshop.
19         (c) A session of 4 or more clock hours may be counted
20 as a day of attendance upon certification by the regional
21 superintendent, and approved by the State Superintendent
22 of Education to the extent that the district has been
23 forced to use daily multiple sessions.
24         (d) A session of 3 or more clock hours may be counted
25 as a day of attendance (1) when the remainder of the school
26 day or at least 2 hours in the evening of that day is
27 utilized for an in-service training program for teachers,
28 up to a maximum of 5 days per school year of which a
29 maximum of 4 days of such 5 days may be used for
30 parent-teacher conferences, provided a district conducts
31 an in-service training program for teachers which has been
32 approved by the State Superintendent of Education; or, in
33 lieu of 4 such days, 2 full days may be used, in which
34 event each such day may be counted as a day of attendance;

 

 

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1 and (2) when days in addition to those provided in item (1)
2 are scheduled by a school pursuant to its school
3 improvement plan adopted under Article 34 or its revised or
4 amended school improvement plan adopted under Article 2,
5 provided that (i) such sessions of 3 or more clock hours
6 are scheduled to occur at regular intervals, (ii) the
7 remainder of the school days in which such sessions occur
8 are utilized for in-service training programs or other
9 staff development activities for teachers, and (iii) a
10 sufficient number of minutes of school work under the
11 direct supervision of teachers are added to the school days
12 between such regularly scheduled sessions to accumulate
13 not less than the number of minutes by which such sessions
14 of 3 or more clock hours fall short of 5 clock hours. Any
15 full days used for the purposes of this paragraph shall not
16 be considered for computing average daily attendance. Days
17 scheduled for in-service training programs, staff
18 development activities, or parent-teacher conferences may
19 be scheduled separately for different grade levels and
20 different attendance centers of the district.
21         (e) A session of not less than one clock hour of
22 teaching hospitalized or homebound pupils on-site or by
23 telephone to the classroom may be counted as 1/2 day of
24 attendance, however these pupils must receive 4 or more
25 clock hours of instruction to be counted for a full day of
26 attendance.
27         (f) A session of at least 4 clock hours may be counted
28 as a day of attendance for first grade pupils, and pupils
29 in full day kindergartens, and a session of 2 or more hours
30 may be counted as 1/2 day of attendance by pupils in
31 kindergartens which provide only 1/2 day of attendance.
32         (g) For children with disabilities who are below the
33 age of 6 years and who cannot attend 2 or more clock hours
34 because of their disability or immaturity, a session of not

 

 

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1 less than one clock hour may be counted as 1/2 day of
2 attendance; however for such children whose educational
3 needs so require a session of 4 or more clock hours may be
4 counted as a full day of attendance.
5         (h) A recognized kindergarten which provides for only
6 1/2 day of attendance by each pupil shall not have more
7 than 1/2 day of attendance counted in any one day. However,
8 kindergartens may count 2 1/2 days of attendance in any 5
9 consecutive school days. When a pupil attends such a
10 kindergarten for 2 half days on any one school day, the
11 pupil shall have the following day as a day absent from
12 school, unless the school district obtains permission in
13 writing from the State Superintendent of Education.
14 Attendance at kindergartens which provide for a full day of
15 attendance by each pupil shall be counted the same as
16 attendance by first grade pupils. Only the first year of
17 attendance in one kindergarten shall be counted, except in
18 case of children who entered the kindergarten in their
19 fifth year whose educational development requires a second
20 year of kindergarten as determined under the rules and
21 regulations of the State Board of Education.
 
22 (G) Equalized Assessed Valuation Data.
23     (1) For purposes of the calculation of Available Local
24 Resources required pursuant to subsection (D), the State Board
25 of Education shall secure from the Department of Revenue the
26 value as equalized or assessed by the Department of Revenue of
27 all taxable property of every school district, together with
28 (i) the applicable tax rate used in extending taxes for the
29 funds of the district as of September 30 of the previous year
30 and (ii) the limiting rate for all school districts subject to
31 property tax extension limitations as imposed under the
32 Property Tax Extension Limitation Law.
33     This equalized assessed valuation, as adjusted further by

 

 

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1 the requirements of this subsection, shall be utilized in the
2 calculation of Available Local Resources.
3     (2) The equalized assessed valuation in paragraph (1) shall
4 be adjusted, as applicable, in the following manner:
5         (a) For the purposes of calculating State aid under
6 this Section, with respect to any part of a school district
7 within a redevelopment project area in respect to which a
8 municipality has adopted tax increment allocation
9 financing pursuant to the Tax Increment Allocation
10 Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
11 of the Illinois Municipal Code or the Industrial Jobs
12 Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
13 Illinois Municipal Code, no part of the current equalized
14 assessed valuation of real property located in any such
15 project area which is attributable to an increase above the
16 total initial equalized assessed valuation of such
17 property shall be used as part of the equalized assessed
18 valuation of the district, until such time as all
19 redevelopment project costs have been paid, as provided in
20 Section 11-74.4-8 of the Tax Increment Allocation
21 Redevelopment Act or in Section 11-74.6-35 of the
22 Industrial Jobs Recovery Law. For the purpose of the
23 equalized assessed valuation of the district, the total
24 initial equalized assessed valuation or the current
25 equalized assessed valuation, whichever is lower, shall be
26 used until such time as all redevelopment project costs
27 have been paid.
28         (b) The real property equalized assessed valuation for
29 a school district shall be adjusted by subtracting from the
30 real property value as equalized or assessed by the
31 Department of Revenue for the district an amount computed
32 by dividing the amount of any abatement of taxes under
33 Section 18-170 of the Property Tax Code by 3.00% for a
34 district maintaining grades kindergarten through 12, by

 

 

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1 2.30% for a district maintaining grades kindergarten
2 through 8, or by 1.05% for a district maintaining grades 9
3 through 12 and adjusted by an amount computed by dividing
4 the amount of any abatement of taxes under subsection (a)
5 of Section 18-165 of the Property Tax Code by the same
6 percentage rates for district type as specified in this
7 subparagraph (b).
8     (3) For the 1999-2000 school year and each school year
9 thereafter, if a school district meets all of the criteria of
10 this subsection (G)(3), the school district's Available Local
11 Resources shall be calculated under subsection (D) using the
12 district's Extension Limitation Equalized Assessed Valuation
13 as calculated under this subsection (G)(3).
14     For purposes of this subsection (G)(3) the following terms
15 shall have the following meanings:
16         "Budget Year": The school year for which general State
17 aid is calculated and awarded under subsection (E).
18         "Base Tax Year": The property tax levy year used to
19 calculate the Budget Year allocation of general State aid.
20         "Preceding Tax Year": The property tax levy year
21 immediately preceding the Base Tax Year.
22         "Base Tax Year's Tax Extension": The product of the
23 equalized assessed valuation utilized by the County Clerk
24 in the Base Tax Year multiplied by the limiting rate as
25 calculated by the County Clerk and defined in the Property
26 Tax Extension Limitation Law.
27         "Preceding Tax Year's Tax Extension": The product of
28 the equalized assessed valuation utilized by the County
29 Clerk in the Preceding Tax Year multiplied by the Operating
30 Tax Rate as defined in subsection (A).
31         "Extension Limitation Ratio": A numerical ratio,
32 certified by the County Clerk, in which the numerator is
33 the Base Tax Year's Tax Extension and the denominator is
34 the Preceding Tax Year's Tax Extension.

 

 

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1         "Operating Tax Rate": The operating tax rate as defined
2 in subsection (A).
3     If a school district is subject to property tax extension
4 limitations as imposed under the Property Tax Extension
5 Limitation Law, the State Board of Education shall calculate
6 the Extension Limitation Equalized Assessed Valuation of that
7 district. For the 1999-2000 school year, the Extension
8 Limitation Equalized Assessed Valuation of a school district as
9 calculated by the State Board of Education shall be equal to
10 the product of the district's 1996 Equalized Assessed Valuation
11 and the district's Extension Limitation Ratio. For the
12 2000-2001 school year and each school year thereafter, the
13 Extension Limitation Equalized Assessed Valuation of a school
14 district as calculated by the State Board of Education shall be
15 equal to the product of the Equalized Assessed Valuation last
16 used in the calculation of general State aid and the district's
17 Extension Limitation Ratio. If the Extension Limitation
18 Equalized Assessed Valuation of a school district as calculated
19 under this subsection (G)(3) is less than the district's
20 equalized assessed valuation as calculated pursuant to
21 subsections (G)(1) and (G)(2), then for purposes of calculating
22 the district's general State aid for the Budget Year pursuant
23 to subsection (E), that Extension Limitation Equalized
24 Assessed Valuation shall be utilized to calculate the
25 district's Available Local Resources under subsection (D).
26     (4) For the purposes of calculating general State aid for
27 the 1999-2000 school year only, if a school district
28 experienced a triennial reassessment on the equalized assessed
29 valuation used in calculating its general State financial aid
30 apportionment for the 1998-1999 school year, the State Board of
31 Education shall calculate the Extension Limitation Equalized
32 Assessed Valuation that would have been used to calculate the
33 district's 1998-1999 general State aid. This amount shall equal
34 the product of the equalized assessed valuation used to

 

 

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1 calculate general State aid for the 1997-1998 school year and
2 the district's Extension Limitation Ratio. If the Extension
3 Limitation Equalized Assessed Valuation of the school district
4 as calculated under this paragraph (4) is less than the
5 district's equalized assessed valuation utilized in
6 calculating the district's 1998-1999 general State aid
7 allocation, then for purposes of calculating the district's
8 general State aid pursuant to paragraph (5) of subsection (E),
9 that Extension Limitation Equalized Assessed Valuation shall
10 be utilized to calculate the district's Available Local
11 Resources.
12     (5) For school districts having a majority of their
13 equalized assessed valuation in any county except Cook, DuPage,
14 Kane, Lake, McHenry, or Will, if the amount of general State
15 aid allocated to the school district for the 1999-2000 school
16 year under the provisions of subsection (E), (H), and (J) of
17 this Section is less than the amount of general State aid
18 allocated to the district for the 1998-1999 school year under
19 these subsections, then the general State aid of the district
20 for the 1999-2000 school year only shall be increased by the
21 difference between these amounts. The total payments made under
22 this paragraph (5) shall not exceed $14,000,000. Claims shall
23 be prorated if they exceed $14,000,000.
 
24 (H) Supplemental General State Aid.
25     (1) In addition to the general State aid a school district
26 is allotted pursuant to subsection (E), qualifying school
27 districts shall receive a grant, paid in conjunction with a
28 district's payments of general State aid, for supplemental
29 general State aid based upon the concentration level of
30 children from low-income households within the school
31 district. Supplemental State aid grants provided for school
32 districts under this subsection shall be appropriated for
33 distribution to school districts as part of the same line item

 

 

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1 in which the general State financial aid of school districts is
2 appropriated under this Section. If the appropriation in any
3 fiscal year for general State aid and supplemental general
4 State aid is insufficient to pay the amounts required under the
5 general State aid and supplemental general State aid
6 calculations, then the State Board of Education shall ensure
7 that each school district receives the full amount due for
8 general State aid and the remainder of the appropriation shall
9 be used for supplemental general State aid, which the State
10 Board of Education shall calculate and pay to eligible
11 districts on a prorated basis.
12     (1.5) This paragraph (1.5) applies only to those school
13 years preceding the 2003-2004 school year. For purposes of this
14 subsection (H), the term "Low-Income Concentration Level"
15 shall be the low-income eligible pupil count from the most
16 recently available federal census divided by the Average Daily
17 Attendance of the school district. If, however, (i) the
18 percentage decrease from the 2 most recent federal censuses in
19 the low-income eligible pupil count of a high school district
20 with fewer than 400 students exceeds by 75% or more the
21 percentage change in the total low-income eligible pupil count
22 of contiguous elementary school districts, whose boundaries
23 are coterminous with the high school district, or (ii) a high
24 school district within 2 counties and serving 5 elementary
25 school districts, whose boundaries are coterminous with the
26 high school district, has a percentage decrease from the 2 most
27 recent federal censuses in the low-income eligible pupil count
28 and there is a percentage increase in the total low-income
29 eligible pupil count of a majority of the elementary school
30 districts in excess of 50% from the 2 most recent federal
31 censuses, then the high school district's low-income eligible
32 pupil count from the earlier federal census shall be the number
33 used as the low-income eligible pupil count for the high school
34 district, for purposes of this subsection (H). The changes made

 

 

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1 to this paragraph (1) by Public Act 92-28 shall apply to
2 supplemental general State aid grants for school years
3 preceding the 2003-2004 school year that are paid in fiscal
4 year 1999 or thereafter and to any State aid payments made in
5 fiscal year 1994 through fiscal year 1998 pursuant to
6 subsection 1(n) of Section 18-8 of this Code (which was
7 repealed on July 1, 1998), and any high school district that is
8 affected by Public Act 92-28 is entitled to a recomputation of
9 its supplemental general State aid grant or State aid paid in
10 any of those fiscal years. This recomputation shall not be
11 affected by any other funding.
12     (1.10) This paragraph (1.10) applies to the 2003-2004
13 school year and each school year thereafter. For purposes of
14 this subsection (H), the term "Low-Income Concentration Level"
15 shall, for each fiscal year, be the low-income eligible pupil
16 count as of July 1 of the immediately preceding fiscal year (as
17 determined by the Department of Human Services based on the
18 number of pupils who are eligible for at least one of the
19 following low income programs: Medicaid, KidCare, TANF, or Food
20 Stamps, excluding pupils who are eligible for services provided
21 by the Department of Children and Family Services, averaged
22 over the 2 immediately preceding fiscal years for fiscal year
23 2004 and over the 3 immediately preceding fiscal years for each
24 fiscal year thereafter) divided by the Average Daily Attendance
25 of the school district.
26     (2) Supplemental general State aid pursuant to this
27 subsection (H) shall be provided as follows for the 1998-1999,
28 1999-2000, and 2000-2001 school years only:
29         (a) For any school district with a Low Income
30 Concentration Level of at least 20% and less than 35%, the
31 grant for any school year shall be $800 multiplied by the
32 low income eligible pupil count.
33         (b) For any school district with a Low Income
34 Concentration Level of at least 35% and less than 50%, the

 

 

09300HB4522ham001 - 18 - LRB093 18098 NHT 47339 a

1 grant for the 1998-1999 school year shall be $1,100
2 multiplied by the low income eligible pupil count.
3         (c) For any school district with a Low Income
4 Concentration Level of at least 50% and less than 60%, the
5 grant for the 1998-99 school year shall be $1,500
6 multiplied by the low income eligible pupil count.
7         (d) For any school district with a Low Income
8 Concentration Level of 60% or more, the grant for the
9 1998-99 school year shall be $1,900 multiplied by the low
10 income eligible pupil count.
11         (e) For the 1999-2000 school year, the per pupil amount
12 specified in subparagraphs (b), (c), and (d) immediately
13 above shall be increased to $1,243, $1,600, and $2,000,
14 respectively.
15         (f) For the 2000-2001 school year, the per pupil
16 amounts specified in subparagraphs (b), (c), and (d)
17 immediately above shall be $1,273, $1,640, and $2,050,
18 respectively.
19     (2.5) Supplemental general State aid pursuant to this
20 subsection (H) shall be provided as follows for the 2002-2003
21 school year:
22         (a) For any school district with a Low Income
23 Concentration Level of less than 10%, the grant for each
24 school year shall be $355 multiplied by the low income
25 eligible pupil count.
26         (b) For any school district with a Low Income
27 Concentration Level of at least 10% and less than 20%, the
28 grant for each school year shall be $675 multiplied by the
29 low income eligible pupil count.
30         (c) For any school district with a Low Income
31 Concentration Level of at least 20% and less than 35%, the
32 grant for each school year shall be $1,330 multiplied by
33 the low income eligible pupil count.
34         (d) For any school district with a Low Income

 

 

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1 Concentration Level of at least 35% and less than 50%, the
2 grant for each school year shall be $1,362 multiplied by
3 the low income eligible pupil count.
4         (e) For any school district with a Low Income
5 Concentration Level of at least 50% and less than 60%, the
6 grant for each school year shall be $1,680 multiplied by
7 the low income eligible pupil count.
8         (f) For any school district with a Low Income
9 Concentration Level of 60% or more, the grant for each
10 school year shall be $2,080 multiplied by the low income
11 eligible pupil count.
12     (2.10) Except as otherwise provided, supplemental general
13 State aid pursuant to this subsection (H) shall be provided as
14 follows for the 2003-2004 school year and each school year
15 thereafter:
16         (a) For any school district with a Low Income
17 Concentration Level of 15% or less, the grant for each
18 school year shall be $355 multiplied by the low income
19 eligible pupil count.
20         (b) For any school district with a Low Income
21 Concentration Level greater than 15%, the grant for each
22 school year shall be $294.25 added to the product of $2,700
23 and the square of the Low Income Concentration Level, all
24 multiplied by the low income eligible pupil count.
25     For the 2003-2004 school year only, the grant shall be no
26 less than the grant for the 2002-2003 school year. For the
27 2004-2005 school year only, the grant shall be no less than the
28 grant for the 2002-2003 school year multiplied by 0.66. For the
29 2005-2006 school year only, the grant shall be no less than the
30 grant for the 2002-2003 school year multiplied by 0.33.
31     For the 2003-2004 school year only, the grant shall be no
32 greater than the grant received during the 2002-2003 school
33 year added to the product of 0.25 multiplied by the difference
34 between the grant amount calculated under subsection (a) or (b)

 

 

09300HB4522ham001 - 20 - LRB093 18098 NHT 47339 a

1 of this paragraph (2.10), whichever is applicable, and the
2 grant received during the 2002-2003 school year. For the
3 2004-2005 school year only, the grant shall be no greater than
4 the grant received during the 2002-2003 school year added to
5 the product of 0.50 multiplied by the difference between the
6 grant amount calculated under subsection (a) or (b) of this
7 paragraph (2.10), whichever is applicable, and the grant
8 received during the 2002-2003 school year. For the 2005-2006
9 school year only, the grant shall be no greater than the grant
10 received during the 2002-2003 school year added to the product
11 of 0.75 multiplied by the difference between the grant amount
12 calculated under subsection (a) or (b) of this paragraph
13 (2.10), whichever is applicable, and the grant received during
14 the 2002-2003 school year.
15     (3) School districts with an Average Daily Attendance of
16 more than 1,000 and less than 50,000 that qualify for
17 supplemental general State aid pursuant to this subsection
18 shall submit a plan to the State Board of Education prior to
19 October 30 of each year for the use of the funds resulting from
20 this grant of supplemental general State aid for the
21 improvement of instruction in which priority is given to
22 meeting the education needs of disadvantaged children. Such
23 plan shall be submitted in accordance with rules and
24 regulations promulgated by the State Board of Education.
25     (4) School districts with an Average Daily Attendance of
26 50,000 or more that qualify for supplemental general State aid
27 pursuant to this subsection shall be required to distribute
28 from funds available pursuant to this Section, no less than
29 $261,000,000 in accordance with the following requirements:
30         (a) The required amounts shall be distributed to the
31 attendance centers within the district in proportion to the
32 number of pupils enrolled at each attendance center who are
33 eligible to receive free or reduced-price lunches or
34 breakfasts under the federal Child Nutrition Act of 1966

 

 

09300HB4522ham001 - 21 - LRB093 18098 NHT 47339 a

1 and under the National School Lunch Act during the
2 immediately preceding school year.
3         (b) The distribution of these portions of supplemental
4 and general State aid among attendance centers according to
5 these requirements shall not be compensated for or
6 contravened by adjustments of the total of other funds
7 appropriated to any attendance centers, and the Board of
8 Education shall utilize funding from one or several sources
9 in order to fully implement this provision annually prior
10 to the opening of school.
11         (c) Each attendance center shall be provided by the
12 school district a distribution of noncategorical funds and
13 other categorical funds to which an attendance center is
14 entitled under law in order that the general State aid and
15 supplemental general State aid provided by application of
16 this subsection supplements rather than supplants the
17 noncategorical funds and other categorical funds provided
18 by the school district to the attendance centers.
19         (d) Any funds made available under this subsection that
20 by reason of the provisions of this subsection are not
21 required to be allocated and provided to attendance centers
22 may be used and appropriated by the board of the district
23 for any lawful school purpose.
24         (e) Funds received by an attendance center pursuant to
25 this subsection shall be used by the attendance center at
26 the discretion of the principal and local school council
27 for programs to improve educational opportunities at
28 qualifying schools through the following programs and
29 services: early childhood education, reduced class size or
30 improved adult to student classroom ratio, enrichment
31 programs, remedial assistance, attendance improvement, and
32 other educationally beneficial expenditures which
33 supplement the regular and basic programs as determined by
34 the State Board of Education. Funds provided shall not be

 

 

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1 expended for any political or lobbying purposes as defined
2 by board rule.
3         (f) Each district subject to the provisions of this
4 subdivision (H)(4) shall submit an acceptable plan to meet
5 the educational needs of disadvantaged children, in
6 compliance with the requirements of this paragraph, to the
7 State Board of Education prior to July 15 of each year.
8 This plan shall be consistent with the decisions of local
9 school councils concerning the school expenditure plans
10 developed in accordance with part 4 of Section 34-2.3. The
11 State Board shall approve or reject the plan within 60 days
12 after its submission. If the plan is rejected, the district
13 shall give written notice of intent to modify the plan
14 within 15 days of the notification of rejection and then
15 submit a modified plan within 30 days after the date of the
16 written notice of intent to modify. Districts may amend
17 approved plans pursuant to rules promulgated by the State
18 Board of Education.
19         Upon notification by the State Board of Education that
20 the district has not submitted a plan prior to July 15 or a
21 modified plan within the time period specified herein, the
22 State aid funds affected by that plan or modified plan
23 shall be withheld by the State Board of Education until a
24 plan or modified plan is submitted.
25         If the district fails to distribute State aid to
26 attendance centers in accordance with an approved plan, the
27 plan for the following year shall allocate funds, in
28 addition to the funds otherwise required by this
29 subsection, to those attendance centers which were
30 underfunded during the previous year in amounts equal to
31 such underfunding.
32         For purposes of determining compliance with this
33 subsection in relation to the requirements of attendance
34 center funding, each district subject to the provisions of

 

 

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1 this subsection shall submit as a separate document by
2 December 1 of each year a report of expenditure data for
3 the prior year in addition to any modification of its
4 current plan. If it is determined that there has been a
5 failure to comply with the expenditure provisions of this
6 subsection regarding contravention or supplanting, the
7 State Superintendent of Education shall, within 60 days of
8 receipt of the report, notify the district and any affected
9 local school council. The district shall within 45 days of
10 receipt of that notification inform the State
11 Superintendent of Education of the remedial or corrective
12 action to be taken, whether by amendment of the current
13 plan, if feasible, or by adjustment in the plan for the
14 following year. Failure to provide the expenditure report
15 or the notification of remedial or corrective action in a
16 timely manner shall result in a withholding of the affected
17 funds.
18         The State Board of Education shall promulgate rules and
19 regulations to implement the provisions of this
20 subsection. No funds shall be released under this
21 subdivision (H)(4) to any district that has not submitted a
22 plan that has been approved by the State Board of
23 Education.
 
24 (I) General State Aid for Newly Configured School Districts.
25     (1) For a new school district formed by combining property
26 included totally within 2 or more previously existing school
27 districts, for its first year of existence the general State
28 aid and supplemental general State aid calculated under this
29 Section shall be computed for the new district and for the
30 previously existing districts for which property is totally
31 included within the new district. If the computation on the
32 basis of the previously existing districts is greater, a
33 supplementary payment equal to the difference shall be made for

 

 

09300HB4522ham001 - 24 - LRB093 18098 NHT 47339 a

1 the first 4 years of existence of the new district.
2     (2) For a school district which annexes all of the
3 territory of one or more entire other school districts, for the
4 first year during which the change of boundaries attributable
5 to such annexation becomes effective for all purposes as
6 determined under Section 7-9 or 7A-8, the general State aid and
7 supplemental general State aid calculated under this Section
8 shall be computed for the annexing district as constituted
9 after the annexation and for the annexing and each annexed
10 district as constituted prior to the annexation; and if the
11 computation on the basis of the annexing and annexed districts
12 as constituted prior to the annexation is greater, a
13 supplementary payment equal to the difference shall be made for
14 the first 4 years of existence of the annexing school district
15 as constituted upon such annexation.
16     (3) For 2 or more school districts which annex all of the
17 territory of one or more entire other school districts, and for
18 2 or more community unit districts which result upon the
19 division (pursuant to petition under Section 11A-2) of one or
20 more other unit school districts into 2 or more parts and which
21 together include all of the parts into which such other unit
22 school district or districts are so divided, for the first year
23 during which the change of boundaries attributable to such
24 annexation or division becomes effective for all purposes as
25 determined under Section 7-9 or 11A-10, as the case may be, the
26 general State aid and supplemental general State aid calculated
27 under this Section shall be computed for each annexing or
28 resulting district as constituted after the annexation or
29 division and for each annexing and annexed district, or for
30 each resulting and divided district, as constituted prior to
31 the annexation or division; and if the aggregate of the general
32 State aid and supplemental general State aid as so computed for
33 the annexing or resulting districts as constituted after the
34 annexation or division is less than the aggregate of the

 

 

09300HB4522ham001 - 25 - LRB093 18098 NHT 47339 a

1 general State aid and supplemental general State aid as so
2 computed for the annexing and annexed districts, or for the
3 resulting and divided districts, as constituted prior to the
4 annexation or division, then a supplementary payment equal to
5 the difference shall be made and allocated between or among the
6 annexing or resulting districts, as constituted upon such
7 annexation or division, for the first 4 years of their
8 existence. The total difference payment shall be allocated
9 between or among the annexing or resulting districts in the
10 same ratio as the pupil enrollment from that portion of the
11 annexed or divided district or districts which is annexed to or
12 included in each such annexing or resulting district bears to
13 the total pupil enrollment from the entire annexed or divided
14 district or districts, as such pupil enrollment is determined
15 for the school year last ending prior to the date when the
16 change of boundaries attributable to the annexation or division
17 becomes effective for all purposes. The amount of the total
18 difference payment and the amount thereof to be allocated to
19 the annexing or resulting districts shall be computed by the
20 State Board of Education on the basis of pupil enrollment and
21 other data which shall be certified to the State Board of
22 Education, on forms which it shall provide for that purpose, by
23 the regional superintendent of schools for each educational
24 service region in which the annexing and annexed districts, or
25 resulting and divided districts are located.
26     (3.5) Claims for financial assistance under this
27 subsection (I) shall not be recomputed except as expressly
28 provided under this Section.
29     (4) Any supplementary payment made under this subsection
30 (I) shall be treated as separate from all other payments made
31 pursuant to this Section.
 
32 (J) Supplementary Grants in Aid.
33     (1) Notwithstanding any other provisions of this Section,

 

 

09300HB4522ham001 - 26 - LRB093 18098 NHT 47339 a

1 the amount of the aggregate general State aid in combination
2 with supplemental general State aid under this Section for
3 which each school district is eligible shall be no less than
4 the amount of the aggregate general State aid entitlement that
5 was received by the district under Section 18-8 (exclusive of
6 amounts received under subsections 5(p) and 5(p-5) of that
7 Section) for the 1997-98 school year, pursuant to the
8 provisions of that Section as it was then in effect. If a
9 school district qualifies to receive a supplementary payment
10 made under this subsection (J), the amount of the aggregate
11 general State aid in combination with supplemental general
12 State aid under this Section which that district is eligible to
13 receive for each school year shall be no less than the amount
14 of the aggregate general State aid entitlement that was
15 received by the district under Section 18-8 (exclusive of
16 amounts received under subsections 5(p) and 5(p-5) of that
17 Section) for the 1997-1998 school year, pursuant to the
18 provisions of that Section as it was then in effect.
19     (2) If, as provided in paragraph (1) of this subsection
20 (J), a school district is to receive aggregate general State
21 aid in combination with supplemental general State aid under
22 this Section for the 1998-99 school year and any subsequent
23 school year that in any such school year is less than the
24 amount of the aggregate general State aid entitlement that the
25 district received for the 1997-98 school year, the school
26 district shall also receive, from a separate appropriation made
27 for purposes of this subsection (J), a supplementary payment
28 that is equal to the amount of the difference in the aggregate
29 State aid figures as described in paragraph (1).
30     (3) (Blank).
 
31 (K) Grants to Laboratory and Alternative Schools.
32     In calculating the amount to be paid to the governing board
33 of a public university that operates a laboratory school under

 

 

09300HB4522ham001 - 27 - LRB093 18098 NHT 47339 a

1 this Section or to any alternative school that is operated by a
2 regional superintendent of schools, the State Board of
3 Education shall require by rule such reporting requirements as
4 it deems necessary.
5     As used in this Section, "laboratory school" means a public
6 school which is created and operated by a public university and
7 approved by the State Board of Education. The governing board
8 of a public university which receives funds from the State
9 Board under this subsection (K) may not increase the number of
10 students enrolled in its laboratory school from a single
11 district, if that district is already sending 50 or more
12 students, except under a mutual agreement between the school
13 board of a student's district of residence and the university
14 which operates the laboratory school. A laboratory school may
15 not have more than 1,000 students, excluding students with
16 disabilities in a special education program.
17     As used in this Section, "alternative school" means a
18 public school which is created and operated by a Regional
19 Superintendent of Schools and approved by the State Board of
20 Education. Such alternative schools may offer courses of
21 instruction for which credit is given in regular school
22 programs, courses to prepare students for the high school
23 equivalency testing program or vocational and occupational
24 training. A regional superintendent of schools may contract
25 with a school district or a public community college district
26 to operate an alternative school. An alternative school serving
27 more than one educational service region may be established by
28 the regional superintendents of schools of the affected
29 educational service regions. An alternative school serving
30 more than one educational service region may be operated under
31 such terms as the regional superintendents of schools of those
32 educational service regions may agree.
33     Each laboratory and alternative school shall file, on forms
34 provided by the State Superintendent of Education, an annual

 

 

09300HB4522ham001 - 28 - LRB093 18098 NHT 47339 a

1 State aid claim which states the Average Daily Attendance of
2 the school's students by month. The best 3 months' Average
3 Daily Attendance shall be computed for each school. The general
4 State aid entitlement shall be computed by multiplying the
5 applicable Average Daily Attendance by the Foundation Level as
6 determined under this Section.
 
7 (L) Payments, Additional Grants in Aid and Other Requirements.
8     (1) For a school district operating under the financial
9 supervision of an Authority created under Article 34A, the
10 general State aid otherwise payable to that district under this
11 Section, but not the supplemental general State aid, shall be
12 reduced by an amount equal to the budget for the operations of
13 the Authority as certified by the Authority to the State Board
14 of Education, and an amount equal to such reduction shall be
15 paid to the Authority created for such district for its
16 operating expenses in the manner provided in Section 18-11. The
17 remainder of general State school aid for any such district
18 shall be paid in accordance with Article 34A when that Article
19 provides for a disposition other than that provided by this
20 Article.
21     (2) (Blank).
22     (3) Summer school. Summer school payments shall be made as
23 provided in Section 18-4.3.
 
24 (M) Education Funding Advisory Board.
25     The Education Funding Advisory Board, hereinafter in this
26 subsection (M) referred to as the "Board", is hereby created.
27 The Board shall consist of 5 members who are appointed by the
28 Governor, by and with the advice and consent of the Senate. The
29 members appointed shall include representatives of education,
30 business, and the general public. One of the members so
31 appointed shall be designated by the Governor at the time the
32 appointment is made as the chairperson of the Board. The

 

 

09300HB4522ham001 - 29 - LRB093 18098 NHT 47339 a

1 initial members of the Board may be appointed any time after
2 the effective date of this amendatory Act of 1997. The regular
3 term of each member of the Board shall be for 4 years from the
4 third Monday of January of the year in which the term of the
5 member's appointment is to commence, except that of the 5
6 initial members appointed to serve on the Board, the member who
7 is appointed as the chairperson shall serve for a term that
8 commences on the date of his or her appointment and expires on
9 the third Monday of January, 2002, and the remaining 4 members,
10 by lots drawn at the first meeting of the Board that is held
11 after all 5 members are appointed, shall determine 2 of their
12 number to serve for terms that commence on the date of their
13 respective appointments and expire on the third Monday of
14 January, 2001, and 2 of their number to serve for terms that
15 commence on the date of their respective appointments and
16 expire on the third Monday of January, 2000. All members
17 appointed to serve on the Board shall serve until their
18 respective successors are appointed and confirmed. Vacancies
19 shall be filled in the same manner as original appointments. If
20 a vacancy in membership occurs at a time when the Senate is not
21 in session, the Governor shall make a temporary appointment
22 until the next meeting of the Senate, when he or she shall
23 appoint, by and with the advice and consent of the Senate, a
24 person to fill that membership for the unexpired term. If the
25 Senate is not in session when the initial appointments are
26 made, those appointments shall be made as in the case of
27 vacancies.
28     The Education Funding Advisory Board shall be deemed
29 established, and the initial members appointed by the Governor
30 to serve as members of the Board shall take office, on the date
31 that the Governor makes his or her appointment of the fifth
32 initial member of the Board, whether those initial members are
33 then serving pursuant to appointment and confirmation or
34 pursuant to temporary appointments that are made by the

 

 

09300HB4522ham001 - 30 - LRB093 18098 NHT 47339 a

1 Governor as in the case of vacancies.
2     The State Board of Education shall provide such staff
3 assistance to the Education Funding Advisory Board as is
4 reasonably required for the proper performance by the Board of
5 its responsibilities.
6     For school years after the 2000-2001 school year, the
7 Education Funding Advisory Board, in consultation with the
8 State Board of Education, shall make recommendations as
9 provided in this subsection (M) to the General Assembly for the
10 foundation level under subdivision (B)(3) of this Section and
11 for the supplemental general State aid grant level under
12 subsection (H) of this Section for districts with high
13 concentrations of children from poverty. The recommended
14 foundation level shall be determined based on a methodology
15 which incorporates the basic education expenditures of
16 low-spending schools exhibiting high academic performance. The
17 Education Funding Advisory Board shall make such
18 recommendations to the General Assembly on January 1 of odd
19 numbered years, beginning January 1, 2001.
 
20 (N) (Blank).
 
21 (O) References.
22     (1) References in other laws to the various subdivisions of
23 Section 18-8 as that Section existed before its repeal and
24 replacement by this Section 18-8.05 shall be deemed to refer to
25 the corresponding provisions of this Section 18-8.05, to the
26 extent that those references remain applicable.
27     (2) References in other laws to State Chapter 1 funds shall
28 be deemed to refer to the supplemental general State aid
29 provided under subsection (H) of this Section.
30 (Source: P.A. 92-16, eff. 6-28-01; 92-28, eff. 7-1-01; 92-29,
31 eff. 7-1-01; 92-269, eff. 8-7-01; 92-604, eff. 7-1-02; 92-636,
32 eff. 7-11-02; 92-651, eff. 7-11-02; 93-21, eff. 7-1-03.)
 

 

 

09300HB4522ham001 - 31 - LRB093 18098 NHT 47339 a

1     (105 ILCS 5/18-11)  (from Ch. 122, par. 18-11)
2     Sec. 18-11. Payment of claims.
3     (a) Except as provided in subsection (b) of this Section,
4 and except as provided in subsection (c) of this Section with
5 respect to payments made under Sections 18-8 through 18-10 for
6 fiscal year 1994 only, as soon as may be after the 10th and
7 20th days of each of the months of August through the following
8 July if moneys are available in the common school fund in the
9 State treasury for payments under Sections 18-8 through 18-10
10 the State Comptroller shall draw his warrants upon the State
11 Treasurer as directed by the State Board of Education pursuant
12 to Section 2-3.17b and in accordance with the transfers from
13 the General Revenue Fund to the Common School Fund as specified
14 in Section 8a of the State Finance Act.
15     Each such semimonthly warrant shall be in an amount equal
16 to 1/24 of the total amount to be distributed to school
17 districts for the fiscal year. The amount of payments made in
18 July of each year shall be considered as payments for claims
19 covering the school year that commenced during the immediately
20 preceding calendar year. If the payments provided for under
21 Sections 18-8 through 18-10 have been assigned as security for
22 State aid anticipation certificates pursuant to Section 18-18,
23 the State Board of Education shall pay the appropriate amount
24 of the payment, as specified in the notification required by
25 Section 18-18, directly to the assignee.
26     (a-5) In this subsection (a-5), "General State Aid
27 Entitlement" means, for each school district, the sum of the
28 amounts calculated under Section 2-3.33 and subsections (E) and
29 (H) of Section 18-8.05 of this Code. A General State Aid
30 Entitlement shall be calculated for each school district.
31 Payments to districts shall be based on the General State Aid
32 Entitlement, instead of its separate components. If the
33 appropriation in any fiscal year for the General State Aid

 

 

09300HB4522ham001 - 32 - LRB093 18098 NHT 47339 a

1 Entitlement is insufficient to pay the amounts required, then
2 the payments shall be prorated as appropriate, with any
3 shortage being subtracted from the final warrant or warrants
4 for that fiscal year.
5     (b) As soon as may be after the 10th and 20th days of each
6 of the months of June, 1982 through July, 1983, if moneys are
7 available in the Common School Fund in the State treasury for
8 payments under Sections 18-8 through 18-10, the State
9 Comptroller shall draw his warrants upon the State Treasurer
10 proportionate for the various counties payable to the regional
11 superintendent of schools in accordance with the transfers from
12 the General Revenue Fund to the Common School Fund as specified
13 in Section 8a of the State Finance Act.
14     Each such semimonthly warrant for the months of June and
15 July, 1982 shall be in an amount equal to 1/24 of the total
16 amount to be distributed to school districts by the regional
17 superintendent for school year 1981-1982.
18     Each such semimonthly warrant for the months of August,
19 1982 through July, 1983 shall be in an amount equal to 1/24 of
20 the total amount to be distributed to school districts by the
21 regional superintendent for school year 1982-1983.
22     The State Superintendent of Education shall, from monies
23 appropriated for such purpose, compensate districts for
24 interest lost arising from the change in payments in June, 1982
25 to payments in the months of June and July, 1982, for claims
26 arising from school year 1981-1982. The amount appropriated for
27 such purpose shall be based upon the Prime Commercial Rate in
28 effect May 15, 1982. The amount of such compensation shall be
29 equal to the ratio of the district's net State aid entitlement
30 for school year 1981-1982 divided by the total net State aid
31 entitlement times the funds appropriated for such purpose.
32 Payment in full of the amount of compensation derived from the
33 computation required in the preceding sentence shall be made as
34 soon as may be after July 1, 1982 upon warrants payable to the

 

 

09300HB4522ham001 - 33 - LRB093 18098 NHT 47339 a

1 several regional superintendents of schools.
2     The State Superintendent of Education shall, from monies
3 appropriated for such purpose, compensate districts for
4 interest lost arising from the change in payments in June, 1983
5 to payments in the months of June and July, 1983, for claims
6 arising from school year 1982-1983. The amount appropriated for
7 such purpose shall be based upon an interest rate of no less
8 than 15 per cent or the Prime Commercial Rate in effect May 15,
9 1983, whichever is greater. The amount of such compensation
10 shall be equal to the ratio of the district's net State aid
11 entitlement for school year 1982-1983 divided by the total net
12 State aid entitlement times the funds appropriated for such
13 purpose. Payment in full of the amount of compensation derived
14 from the computation required in the preceding sentence shall
15 be made as soon as may be after July 1, 1983 upon warrants
16 payable to the several regional superintendents of schools.
17     The State Superintendent of Education shall, from monies
18 appropriated for such purpose, compensate districts for
19 interest lost arising from the change in payments in June, 1992
20 and each year thereafter to payments in the months of June and
21 July, 1992 and each year thereafter. The amount appropriated
22 for such purpose shall be based upon the Prime Commercial Rate
23 in effect June 15, 1992 and June 15 annually thereafter. The
24 amount of such compensation shall be equal to the ratio of the
25 district's net State aid entitlement divided by the total net
26 State aid entitlement times the amount of funds appropriated
27 for such purpose. Payment of the compensation shall be made as
28 soon as may be after July 1 upon warrants payable to the
29 several regional superintendents of schools.
30     The regional superintendents shall make payments to their
31 respective school districts as soon as may be after receipt of
32 the warrants unless the payments have been assigned as security
33 for State aid anticipation certificates pursuant to Section
34 18-18. If such an assignment has been made, the regional

 

 

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1 superintendent shall, as soon as may be after receipt of the
2 warrants, pay the appropriate amount of the payment as
3 specified in the notification required by Section 18-18,
4 directly to the assignee.
5     As used in this Section, "Prime Commercial Rate" means such
6 prime rate as from time to time is publicly announced by the
7 largest commercial banking institution in this State, measured
8 in terms of total assets.
9     (c) With respect to all school districts but for fiscal
10 year 1994 only, as soon as may be after the 10th and 20th days
11 of August, 1993 and as soon as may be after the 10th and 20th
12 days of each of the months of October, 1993 through July, 1994
13 if moneys are available in the Common School Fund in the State
14 treasury for payments under Sections 18-8 through 18-10, the
15 State Comptroller shall draw his warrants upon the State
16 Treasurer as directed by the State Board of Education in
17 accordance with transfers from the General Revenue Fund to the
18 Common School Fund as specified in Section 8a of the State
19 Finance Act. The warrant for the 10th day of August, 1993 and
20 each semimonthly warrant for the months of October, 1993
21 through July, 1994 shall be in an amount equal to 1/24 of the
22 total amount to be distributed to that school district for
23 fiscal year 1994, and the warrant for the 20th day of August,
24 1993 shall be in an amount equal to 3/24 of that total. The
25 amount of payments made in July of 1994 shall be considered as
26 payments for claims covering the school year that commenced
27 during the immediately preceding calendar year.
28 (Source: P.A. 87-14; 87-887; 87-895; 88-45; 88-89; 88-641, eff.
29 9-9-94.)
 
30     Section 99. Effective date. This Act takes effect July 1,
31 2004.".