95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB2017

 

Introduced 2/26/2007, by Rep. Michael K. Smith

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/11E-35
105 ILCS 5/11E-40
105 ILCS 5/11E-45
105 ILCS 5/11E-50
105 ILCS 5/11E-65
105 ILCS 5/11E-135
105 ILCS 5/18-8.05
105 ILCS 5/29-3   from Ch. 122, par. 29-3
105 ILCS 5/29-5   from Ch. 122, par. 29-5

    Amends the School Code. Makes changes in the Conversion and Formation of School Districts Article with respect to voting on a bond issuance, information in the petition filing notice, the presentation of evidence at a hearing, approval or denial of an amended petition, supplementary State aid reimbursement after the deactivation of a school facility or following formation of a new unit district, and references to a school district conversion. Makes changes to the State aid formula provisions concerning the calculation of local property tax revenues per pupil for partial elementary unit districts. Makes changes concerning free transportation for pupils in optional elementary unit districts, combined high school - unit districts, and newly created elementary or high school districts resulting from a high school - unit conversion, a unit to dual conversion, or a multi-unit conversion and the calculation of State reimbursement for transportation costs for optional elementary unit districts and combined high school - unit districts. Makes technical changes. Effective July 1, 2007.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1     AN ACT concerning education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The School Code is amended by changing Sections
5 11E-35, 11E-40, 11E-45, 11E-50, 11E-65, 11E-135, 18-8.05,
6 29-3, and 29-5 as follows:
 
7     (105 ILCS 5/11E-35)
8     Sec. 11E-35. Petition filing.
9     (a) A petition shall be filed with the regional
10 superintendent of schools of the educational service region in
11 which the territory described in the petition or that part of
12 the territory with the greater percentage of equalized assessed
13 valuation is situated. The petition must do the following:
14         (1) be signed by at least 50 legal resident voters or
15     10% of the legal resident voters, whichever is less,
16     residing within each affected district; or
17         (2) be approved by the school board in each affected
18     district.
19     (b) The petition shall contain all of the following:
20         (1) A request to submit the proposition at a regular
21     scheduled election for the purpose of voting:
22             (A) for or against a high school - unit conversion;
23             (B) for or against a unit to dual conversion;

 

 

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1             (C) for or against the establishment of a combined
2         elementary district;
3             (D) for or against the establishment of a combined
4         high school district;
5             (E) for or against the establishment of a combined
6         unit district;
7             (F) for or against the establishment of a unit
8         district from dual district territory exclusively;
9             (G) for or against the establishment of a unit
10         district from both dual district and unit district
11         territory;
12             (H) for or against the establishment of a combined
13         high school - unit district from a combination of one
14         or more high school districts and one or more unit
15         districts;
16             (I) for or against the establishment of a combined
17         high school - unit district and one or more new
18         elementary districts through a multi-unit conversion;
19             (J) for or against the establishment of an optional
20         elementary unit district from a combination of a
21         substantially coterminous dual district; or
22             (K) for or against dissolving and becoming part of
23         an optional elementary unit district.
24         (2) A description of the territory comprising the
25     districts proposed to be dissolved and those to be created,
26     which, for an entire district, may be a general reference

 

 

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1     to all of the territory included within that district.
2         (3) A specification of the maximum tax rates for
3     various purposes the proposed district or districts shall
4     be authorized to levy for various purposes and, if
5     applicable, the specifications related to the Property Tax
6     Extension Limitation Law, in accordance with Section
7     11E-80 of this Code.
8         (4) A description of how supplementary State deficit
9     difference payments made under subsection (c) of Section
10     11E-135 of this Code will be allocated among the new
11     districts proposed to be formed.
12         (5) Where applicable, a division of assets and
13     liabilities to be allocated to the proposed new or annexing
14     school district or districts in the manner provided in
15     Section 11E-105 of this Code.
16         (6) If desired, a request that at that same election as
17     the reorganization proposition a school board or boards be
18     elected on a separate ballot or ballots to serve as the
19     school board or boards of the proposed new district or
20     districts. Any election of board members at the same
21     election at which the proposition to create the district or
22     districts to be served by the board or boards is submitted
23     to the voters shall proceed under the supervision of the
24     regional superintendent of schools as provided in Section
25     11E-55 of this Code.
26         (7) If desired, a request that the referendum at which

 

 

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1     the proposition is submitted for the purpose of voting for
2     or against the establishment of a unit district (other than
3     a partial elementary unit district) include as part of the
4     proposition the election of board members by school board
5     district rather than at large. Any petition requesting the
6     election of board members by district shall divide the
7     proposed school district into 7 school board districts,
8     each of which must be compact and contiguous and
9     substantially equal in population to each other school
10     board district. Any election of board members by school
11     board district shall proceed under the supervision of the
12     regional superintendent of schools as provided in Section
13     11E-55 of this Code.
14         (8) If desired, a request that the referendum at which
15     the proposition is submitted for the purpose of voting for
16     or against the establishment of a unit to dual conversion
17     include as part of the proposition the election of board
18     members for the new high school district (i) on an at large
19     basis, (ii) with board members representing each of the
20     forming elementary school districts, or (iii) a
21     combination of both. The format for the election of the new
22     high school board must be defined in the petition. When 4
23     or more unit school districts and a combination of board
24     members representing each of the forming elementary school
25     districts are involved and at large formats are used, one
26     member must be elected from each of the forming elementary

 

 

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1     school districts. The remaining members may be elected on
2     an at large basis, provided that none of the underlying
3     elementary school districts have a majority on the
4     resulting high school board. When 3 unit school districts
5     and a combination of board members representing each of the
6     forming elementary school districts are involved and at
7     large formats are used, 2 members must be elected from each
8     of the forming elementary school districts. The remaining
9     member must be elected at large.
10         (9) If desired, a request that the referendum at which
11     the proposition shall be submitted include a proposition on
12     a separate ballot authorizing the issuance of bonds by the
13     district or districts when organized in accordance with
14     this Article. However, if the petition is submitted for the
15     purpose of voting for or against the establishment of an
16     optional elementary unit district, the petition may
17     request only that the referendum at which the proposition
18     is submitted include a proposition on a separate ballot
19     authorizing the issuance of bonds for high school purposes
20     (and not elementary purposes) by the district when
21     organized in accordance with this Article. The principal
22     amount of the bonds and the purposes of issuance, including
23     a specification of elementary or high school purposes if
24     the proposed issuance is to be made by a combined high
25     school - unit district, shall be stated in the petition and
26     in all notices and propositions submitted thereunder. Only

 

 

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1     residents in the territory of the district proposing the
2     bond issuance may vote on the bond issuance.
3         (10) A designation of a committee of ten of the
4     petitioners as attorney in fact for all petitioners, any 7
5     of whom may at any time, prior to the final decision of the
6     regional superintendent of schools, amend the petition in
7     all respects (except that, for a unit district formation,
8     there may not be an increase or decrease of more than 25%
9     of the territory to be included in the proposed district)
10     and make binding stipulations on behalf of all petitioners
11     as to any question with respect to the petition, including
12     the power to stipulate to accountings or the waiver thereof
13     between school districts.
14     (c) The regional superintendent of schools shall not accept
15 for filing under the authority of this Section any petition
16 that includes any territory already included as part of the
17 territory described in another pending petition filed under the
18 authority of this Section.
19     (d)(1) Those designated as the Committee of Ten shall serve
20 in that capacity until such time as the regional superintendent
21 of schools determines that, because of death, resignation,
22 transfer of residency from the territory, failure to qualify,
23 or any other reason, the office of a particular member of the
24 Committee of Ten is vacant. Upon determination by the regional
25 superintendent of schools that these vacancies exist, he or she
26 shall declare the vacancies and shall notify the remaining

 

 

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1 members to appoint a petitioner or petitioners, as the case may
2 be, to fill the vacancies in the Committee of Ten so
3 designated. An appointment by the Committee of Ten to fill a
4 vacancy shall be made by a simple majority vote of the
5 designated remaining members.
6     (2) Failure of a person designated as a member of the
7 Committee of Ten to sign the petition shall not disqualify that
8 person as a member of the Committee of Ten, and that person may
9 sign the petition at any time prior to final disposition of the
10 petition and the conclusion of the proceedings to form a new
11 school district or districts, including all litigation
12 pertaining to the petition or proceedings.
13     (3) Except as stated in item (10) of subsection (b) of this
14 Section, the Committee of Ten shall act by majority vote of the
15 membership.
16     (4) The regional superintendent of schools may accept a
17 stipulation made by the Committee of Ten instead of evidence or
18 proof of the matter stipulated or may refuse to accept the
19 stipulation, provided that the regional superintendent sets
20 forth the basis for the refusal.
21     (5) The Committee of Ten may voluntarily dismiss its
22 petition at any time before the petition is approved by either
23 the regional superintendent of schools or State Superintendent
24 of Education.
25 (Source: P.A. 94-1019, eff. 7-10-06.)
 

 

 

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1     (105 ILCS 5/11E-40)
2     Sec. 11E-40. Notice and petition amendments.
3     (a) Upon the filing of a petition with the regional
4 superintendent of schools as provided in Section 11E-35 of this
5 Code, the regional superintendent shall do all of the
6 following:
7         (1) Cause a copy of the petition to be given to each
8     school board of the affected districts and the regional
9     superintendent of schools of any other educational service
10     region in which territory described in the petition is
11     situated.
12         (2) Cause a notice thereof to be published at least
13     once each week for 3 successive weeks in at least one
14     newspaper having general circulation within the area of all
15     of the territory of the proposed district or districts. The
16     expense of publishing the notice shall be borne by the
17     petitioners and paid on behalf of the petitioners by the
18     Committee of Ten.
19     (b) The notice shall state all of the following:
20         (1) When and to whom the petition was presented.
21         (2) The prayer of the petition.
22         (3) A description of the territory comprising the
23     districts proposed to be dissolved and those to be created,
24     which, for an entire district, may be a general reference
25     to all of the territory included within that district.
26         (4) If applicable, the proposition to elect, by

 

 

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1     separate ballot, school board members at the same election,
2     indicating whether the board members are to be elected at
3     large or by school board district.
4         (5) If requested in the petition, the proposition to
5     issue bonds, indicating the amount and purpose thereof.
6         (6) The day, time, and location on which the hearing on
7     the action proposed in the petition shall be held.
8     (c) The requirements of subsection (g) of Section 28-2 of
9 the Election Code do not apply to any petition filed under this
10 Article. Notwithstanding any provision to the contrary
11 contained in the Election Code, the regional superintendent of
12 schools shall make all determinations regarding the validity of
13 the petition, including without limitation signatures on the
14 petition, subject to State Superintendent and administrative
15 review in accordance with Section 11E-50 of this Code.
16     (d) Prior to the hearing described in Section 11E-45 of
17 this Code, the regional superintendent of schools shall inform
18 the Committee of Ten as to whether the petition, as amended or
19 filed, is proper and in compliance with all applicable petition
20 requirements set forth in the Election Code. If the regional
21 superintendent determines that the petition is not in proper
22 order or not in compliance with any applicable petition
23 requirements set forth in the Election Code, the regional
24 superintendent must identify the specific alleged defects in
25 the petition and include specific recommendations to cure the
26 alleged defects. The Committee of Ten may amend the petition to

 

 

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1 cure the alleged defects at any time prior to the receipt of
2 the regional superintendent's written order made in accordance
3 with subsection (a) of Section 11E-50 of this Code or may elect
4 not to amend the petition, in which case the Committee of Ten
5 may appeal a denial by the regional superintendent following
6 the hearing in accordance with Section 11E-50 of this Code.
7 (Source: P.A. 94-1019, eff. 7-10-06.)
 
8     (105 ILCS 5/11E-45)
9     Sec. 11E-45. Hearing.
10     (a) No more than 15 days after the last date on which the
11 required notice under Section 11E-40 of this Code is published,
12 the regional superintendent of schools with whom the petition
13 is required to be filed shall hold a hearing on the petition.
14 Prior to the hearing, the Committee of Ten shall submit to the
15 regional superintendent maps showing the districts involved
16 and any other information deemed pertinent by the Committee of
17 Ten to the proposed action. The regional superintendent of
18 schools may adjourn the hearing from time to time or may
19 continue the matter for want of sufficient notice or other good
20 cause.
21     (b) At the hearing, the regional superintendent of schools
22 shall allow public testimony on the action proposed in the
23 petition. The Committee of Ten regional superintendent shall
24 present, or arrange for the presentation of all of the
25 following:

 

 

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1         (1) Evidence as to the school needs and conditions in
2     the territory described in the petition and the area
3     adjacent thereto.
4         (2) Evidence with respect to the ability of the
5     proposed district or districts to meet standards of
6     recognition as prescribed by the State Board of Education.
7         (3) A consideration of the division of funds and assets
8     that will occur if the petition is approved.
9         (4) A description of the maximum tax rates the proposed
10     district or districts is authorized to levy for various
11     purposes and, if applicable, the specifications related to
12     the Property Tax Extension Limitation Law, in accordance
13     with Section 11E-80 of this Code.
14     (c) Any regional superintendent of schools entitled under
15 the provisions of this Article to be given a copy of the
16 petition and any resident or representative of a school
17 district in which any territory described in the petition is
18 situated may appear in person or by an attorney at law to
19 provide oral or written testimony or both in relation to the
20 action proposed in the petition.
21     (d) The regional superintendent of schools shall arrange
22 for a written transcript of the hearing. The expense of the
23 written transcript shall be borne by the petitioners and paid
24 on behalf of the petitioners by the Committee of Ten.
25 (Source: P.A. 94-1019, eff. 7-10-06.)
 

 

 

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1     (105 ILCS 5/11E-50)
2     Sec. 11E-50. Approval or denial of the petition;
3 administrative review.
4     (a) Within 14 days after the conclusion of the hearing
5 under Section 11E-45 of this Code, the regional superintendent
6 of schools shall take into consideration the school needs and
7 conditions of the affected districts and in the area adjacent
8 thereto, the division of funds and assets that will result from
9 the action described in the petition, the best interests of the
10 schools of the area, and the best interests and the educational
11 welfare of the pupils residing therein and, through a written
12 order, either approve or deny the petition. If the regional
13 superintendent fails to act upon a petition within 14 days
14 after the conclusion of the hearing, the regional
15 superintendent shall be deemed to have denied the petition.
16     (b) Upon approving or denying the petition, the regional
17 superintendent of schools shall submit the petition and all
18 evidence to the State Superintendent of Education. The State
19 Superintendent shall review the petition, the record of the
20 hearing, and the written order of the regional superintendent,
21 if any. Within 21 days after the receipt of the regional
22 superintendent's decision, the State Superintendent shall take
23 into consideration the school needs and conditions of the
24 affected districts and in the area adjacent thereto, the
25 division of funds and assets that will result from the action
26 described in the petition, the best interests of the schools of

 

 

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1 the area, and the best interests and the educational welfare of
2 the pupils residing therein and, through a written order,
3 either approve or deny the petition. If the State
4 Superintendent denies the petition, the State Superintendent
5 shall set forth in writing the specific basis for the denial.
6 The decision of the State Superintendent shall be deemed an
7 administrative decision as defined in Section 3-101 of the Code
8 of Civil Procedure. The State Superintendent shall provide a
9 copy of the decision by certified mail, return receipt
10 requested, to the Committee of Ten, any person appearing in
11 support or opposition of the petition at the hearing, each
12 school board of a district in which territory described in the
13 petition is situated, the regional superintendent with whom the
14 petition was filed, and the regional superintendent of schools
15 of any other educational service region in which territory
16 described in the petition is situated.
17     (c) Any resident of any territory described in the petition
18 who appears in support of or opposition to the petition at the
19 hearing or any petitioner or school board of any district in
20 which territory described in the petition is situated may,
21 within 35 days after a copy of the decision sought to be
22 reviewed was served by certified mail, return receipt
23 requested, upon the party affected thereby or upon the attorney
24 of record for the party, apply for a review of an
25 administrative decision of the State Superintendent of
26 Education in accordance with the Administrative Review Law and

 

 

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1 any rules adopted pursuant to the Administrative Review Law.
2 The commencement of any action for review shall operate as a
3 supersedeas supersedes, and no further proceedings shall be had
4 until final disposition of the review. The circuit court of the
5 county in which the petition is filed with the regional
6 superintendent of schools shall have sole jurisdiction to
7 entertain a complaint for the review.
8 (Source: P.A. 94-1019, eff. 7-10-06.)
 
9     (105 ILCS 5/11E-65)
10     Sec. 11E-65. Passage requirements.
11     (a) Except as otherwise provided in subsections (b) and (c)
12 of this Section, if a majority of the electors voting at the
13 election in each affected district vote in favor of the
14 proposition submitted to them, then the proposition shall be
15 deemed to have passed.
16     (b) In the case of an optional elementary unit district to
17 be created as provided in subsection (c) of Section 11E-30 of
18 this Code, if a majority of the electors voting in the high
19 school district and a majority of the voters voting in at least
20 one affected elementary district vote in favor of the
21 proposition submitted to them, then the proposition shall be
22 deemed to have passed and an optional elementary unit district
23 shall be created for all of the territory included in the
24 petition for high school purposes, and for the territory
25 included in the affected elementary districts voting in favor

 

 

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1 of the proposition for elementary purposes.
2     (c) In the case of an elementary district electing to join
3 an optional elementary unit district in accordance with
4 subsection (d) of Section 11E-30 of this Code, a majority of
5 the electors voting in that elementary district only must vote
6 in favor of the proposition at a regularly scheduled election.
7     (d)(1) If a majority of the voters in at least 2 unit
8 districts have voted in favor of a proposition to create a new
9 unit district, but the proposition was not approved under the
10 standards set forth in subsection (a) of this Section, then the
11 members of the Committee of Ten shall submit an amended
12 petition for consolidation to the school boards of those
13 districts, as long as the territory involved is compact and
14 contiguous. The petition submitted to the school boards shall
15 be identical in form and substance to the petition previously
16 approved by the regional superintendent of schools, with the
17 sole exception that the territory comprising the proposed
18 district shall be amended to include the compact and contiguous
19 territory of those unit districts in which a majority of the
20 voters voted in favor of the proposal.
21     (2) Each school board to which the petition is submitted
22 shall meet and vote to approve or not approve the amended
23 petition no more than 30 days after it has been filed with the
24 school board. The regional superintendent of schools shall make
25 available to each school board with which a petition has been
26 filed all transcripts and records of the previous petition

 

 

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1 hearing. The school boards shall, by appropriate resolution,
2 approve or disapprove the amended petition. No school board may
3 approve an amended petition unless it first finds that the
4 territory described in the petition is compact and contiguous.
5     (3) If a majority of the members of each school board to
6 whom a petition is submitted votes in favor of the amended
7 petition, then the approved petition shall be transmitted by
8 the secretary of each school board to the State Superintendent
9 of Education, who shall, within 21 30 days after receipt,
10 approve or deny the amended petition based on the criteria
11 stated in subsection (b) of Section 11E-50 of this Code. If
12 approved by the State Superintendent of Education, the petition
13 shall be placed on the ballot at the next regularly scheduled
14 election.
15 (Source: P.A. 94-1019, eff. 7-10-06.)
 
16     (105 ILCS 5/11E-135)
17     Sec. 11E-135. Incentives. For districts reorganizing under
18 this Article and for a district or districts that annex all of
19 the territory of one or more entire other school districts in
20 accordance with Article 7 of this Code, the following payments
21 shall be made from appropriations made for these purposes:
22     (a)(1) For a combined school district, as defined in
23 Section 11E-20 of this Code, or for a unit district, as defined
24 in Section 11E-25 of this Code, for its first year of
25 existence, the general State aid and supplemental general State

 

 

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1 aid calculated under Section 18-8.05 of this Code shall be
2 computed for the new district and for the previously existing
3 districts for which property is totally included within the new
4 district. If the computation on the basis of the previously
5 existing districts is greater, a supplementary payment equal to
6 the difference shall be made for the first 4 years of existence
7 of the new district.
8     (2) For a school district that annexes all of the territory
9 of one or more entire other school districts as defined in
10 Article 7 of this Code, for the first year during which the
11 change of boundaries attributable to the annexation becomes
12 effective for all purposes, as determined under Section 7-9 of
13 this Code, the general State aid and supplemental general State
14 aid calculated under Section 18-8.05 of this Code 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 Section
2 7-9 of this Code, the general State aid and supplemental
3 general State aid calculated under Section 18-8.05 of this Code
4 shall be computed for each annexing district as constituted
5 after the annexation and for each annexing and annexed district
6 as constituted prior to the annexation; and if the aggregate of
7 the general State aid and supplemental general State aid as so
8 computed for the annexing districts as constituted after the
9 annexation is less than the aggregate of the general State aid
10 and supplemental general State aid as so computed for the
11 annexing and annexed districts, as constituted prior to the
12 annexation, then a supplementary payment equal to the
13 difference shall be made and allocated between or among the
14 annexing districts, as constituted upon the annexation, for the
15 first 4 years of their existence. The total difference payment
16 shall be allocated between or among the annexing districts in
17 the same ratio as the pupil enrollment from that portion of the
18 annexed district or districts that is annexed to each annexing
19 district bears to the total pupil enrollment from the entire
20 annexed district or districts, as such pupil enrollment is
21 determined for the school year last ending prior to the date
22 when the change of boundaries attributable to the annexation
23 becomes effective for all purposes. The amount of the total
24 difference payment and the amount thereof to be allocated to
25 the annexing districts shall be computed by the State Board of
26 Education on the basis of pupil enrollment and other data that

 

 

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1 shall be certified to the State Board of Education, on forms
2 that it shall provide for that purpose, by the regional
3 superintendent of schools for each educational service region
4 in which the annexing and annexed districts are located.
5     (4) For a school district conversion, as defined in Section
6 11E-15 of this Code, or a multi-unit conversion, as defined in
7 subsection (b) of Section 11E-30 of this Code, if in their
8 first year of existence the newly created elementary districts
9 and the newly created high school district, from a school
10 district conversion, or the newly created elementary district
11 or districts and newly created combined high school - unit
12 district, from a multi-unit conversion, qualify for less
13 general State aid under Section 18-8.05 of this Code than would
14 have been payable under Section 18-8.05 for that same year to
15 the previously existing districts, then a supplementary
16 payment equal to that difference shall be made for the first 4
17 years of existence of the newly created districts. The
18 aggregate amount of each supplementary payment shall be
19 allocated among the newly created districts in the proportion
20 that the deemed pupil enrollment in each district during its
21 first year of existence bears to the actual aggregate pupil
22 enrollment in all of the districts during their first year of
23 existence. For purposes of each allocation:
24         (A) the deemed pupil enrollment of the newly created
25     high school district from a school district conversion
26     shall be an amount equal to its actual pupil enrollment for

 

 

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1     its first year of existence multiplied by 1.25;
2         (B) the deemed pupil enrollment of each newly created
3     elementary district from a school district conversion
4     shall be an amount equal to its actual pupil enrollment for
5     its first year of existence reduced by an amount equal to
6     the product obtained when the amount by which the newly
7     created high school district's deemed pupil enrollment
8     exceeds its actual pupil enrollment for its first year of
9     existence is multiplied by a fraction, the numerator of
10     which is the actual pupil enrollment of the newly created
11     elementary district for its first year of existence and the
12     denominator of which is the actual aggregate pupil
13     enrollment of all of the newly created elementary districts
14     for their first year of existence;
15         (C) the deemed high school pupil enrollment of the
16     newly created combined high school - unit district from a
17     multi-unit conversion shall be an amount equal to its
18     actual grades 9 through 12 pupil enrollment for its first
19     year of existence multiplied by 1.25; and
20         (D) the deemed elementary pupil enrollment of each
21     newly created district from a multi-unit conversion shall
22     be an amount equal to each district's actual grade K
23     through 8 pupil enrollment for its first year of existence,
24     reduced by an amount equal to the product obtained when the
25     amount by which the newly created combined high school -
26     unit district's deemed high school pupil enrollment

 

 

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1     exceeds its actual grade 9 through 12 pupil enrollment for
2     its first year of existence is multiplied by a fraction,
3     the numerator of which is the actual grade K through 8
4     pupil enrollment of each newly created district for its
5     first year of existence and the denominator of which is the
6     actual aggregate grade K through 8 pupil enrollment of all
7     such newly created districts for their first year of
8     existence.
9      The aggregate amount of each supplementary payment under
10 this subdivision (4) and the amount thereof to be allocated to
11 the newly created districts shall be computed by the State
12 Board of Education on the basis of pupil enrollment and other
13 data, which shall be certified to the State Board of Education,
14 on forms that it shall provide for that purpose, by the
15 regional superintendent of schools for each educational
16 service region in which the newly created districts are
17 located.
18     (5) For a partial elementary unit district, as defined in
19 subsection (a) or (c) of Section 11E-30 of this Code, if, in
20 the first year of existence, the newly created partial
21 elementary unit district qualifies for less general State aid
22 and supplemental general State aid under Section 18-8.05 of
23 this Code than would have been payable under that Section for
24 that same year to the previously existing districts that formed
25 the partial elementary unit district, then a supplementary
26 payment equal to that difference shall be made to the partial

 

 

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1 elementary unit district for the first 4 years of existence of
2 that newly created district.
3     (6) For an elementary opt-in, as described in subsection
4 (d) of Section 11E-30 of this Code, the general State aid
5 difference shall be computed in accordance with paragraph (5)
6 of this subsection (a) as if the elementary opt-in was included
7 in an optional elementary unit district at the optional
8 elementary unit district's original effective date. If the
9 calculation in this paragraph (6) is less than that calculated
10 in paragraph (5) of this subsection (a) at the optional
11 elementary unit district's original effective date, then no
12 adjustments may be made. If the calculation in this paragraph
13 (6) is more than that calculated in paragraph (5) of this
14 subsection (a) at the optional elementary unit district's
15 original effective date, then the excess must be paid as
16 follows:
17         (A) If the effective date for the elementary opt-in is
18     one year after the effective date for the optional
19     elementary unit district, 100% 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         (B) If the effective date for the elementary opt-in is
24     2 years after the effective date for the optional
25     elementary unit district, 75% of the calculated excess
26     shall be paid to the optional elementary unit district in

 

 

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1     each of the first 4 years after the effective date of the
2     elementary opt-in.
3         (C) If the effective date for the elementary opt-in is
4     3 years after the effective date for the optional
5     elementary unit district, 50% of the calculated excess
6     shall be paid to the optional elementary unit district in
7     each of the first 4 years after the effective date of the
8     elementary opt-in.
9         (D) If the effective date for the elementary opt-in is
10     4 years after the effective date for the optional
11     elementary unit district, 25% of the calculated excess
12     shall be paid to the optional elementary unit district in
13     each of the first 4 years after the effective date of the
14     elementary opt-in.
15         (E) If the effective date for the elementary opt-in is
16     5 years after the effective date for the optional
17     elementary unit district, the optional elementary unit
18     district is not eligible for any additional incentives due
19     to the elementary opt-in.
20     (7) Claims for financial assistance under this subsection
21 (a) may not be recomputed except as expressly provided under
22 Section 18-8.05 of this Code.
23     (8) Any supplementary payment made under this subsection
24 (a) must be treated as separate from all other payments made
25 pursuant to Section 18-8.05 of this Code.
26     (b)(1) After the formation of a combined school district,

 

 

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1 as defined in Section 11E-20 of this Code, or a unit district,
2 as defined in Section 11E-25 of this Code, a computation shall
3 be made to determine the difference between the salaries
4 effective in each of the previously existing districts on June
5 30, prior to the creation of the new district. For the first 4
6 years after the formation of the new district, a supplementary
7 State aid reimbursement shall be paid to the new district equal
8 to the difference between the sum of the salaries earned by
9 each of the certificated members of the new district, while
10 employed in one of the previously existing districts during the
11 year immediately preceding the formation of the new district,
12 and the sum of the salaries those certificated members would
13 have been paid during the year immediately prior to the
14 formation of the new district if placed on the salary schedule
15 of the previously existing district with the highest salary
16 schedule.
17     (2) After the territory of one or more school districts is
18 annexed by one or more other school districts as defined in
19 Article 7 of this Code, a computation shall be made to
20 determine the difference between the salaries effective in each
21 annexed district and in the annexing district or districts as
22 they were each constituted on June 30 preceding the date when
23 the change of boundaries attributable to the annexation became
24 effective for all purposes, as determined under Section 7-9 of
25 this Code. For the first 4 years after the annexation, a
26 supplementary State aid reimbursement shall be paid to each

 

 

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1 annexing district as constituted after the annexation equal to
2 the difference between the sum of the salaries earned by each
3 of the certificated members of the annexing district as
4 constituted after the annexation, while employed in an annexed
5 or annexing district during the year immediately preceding the
6 annexation, and the sum of the salaries those certificated
7 members would have been paid during the immediately preceding
8 year if placed on the salary schedule of whichever of the
9 annexing or annexed districts had the highest salary schedule
10 during the immediately preceding year.
11     (3) For each new high school district formed under a school
12 district conversion, as defined in Section 11E-15 of this Code,
13 the State shall make a supplementary payment for 4 years equal
14 to the difference between the sum of the salaries earned by
15 each certified member of the new high school district, while
16 employed in one of the previously existing districts, and the
17 sum of the salaries those certified members would have been
18 paid if placed on the salary schedule of the previously
19 existing district with the highest salary schedule.
20     (4) For each newly created partial elementary unit
21 district, the State shall make a supplementary payment for 4
22 years equal to the difference between the sum of the salaries
23 earned by each certified member of the newly created partial
24 elementary unit district, while employed in one of the
25 previously existing districts that formed the partial
26 elementary unit district, and the sum of the salaries those

 

 

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1 certified members would have been paid if placed on the salary
2 schedule of the previously existing district with the highest
3 salary schedule. The salary schedules used in the calculation
4 shall be those in effect in the previously existing districts
5 for the school year prior to the creation of the new partial
6 elementary unit district.
7     (5) For an elementary district opt-in, as described in
8 subsection (d) of Section 11E-30 of this Code, the salary
9 difference incentive shall be computed in accordance with
10 paragraph (4) of this subsection (b) as if the opted-in
11 elementary district was included in the optional elementary
12 unit district at the optional elementary unit district's
13 original effective date. If the calculation in this paragraph
14 (5) is less than that calculated in paragraph (4) of this
15 subsection (b) at the optional elementary unit district's
16 original effective date, then no adjustments may be made. If
17 the calculation in this paragraph (5) is more than that
18 calculated in paragraph (4) of this subsection (b) at the
19 optional elementary unit district's original effective date,
20 then the excess must be paid as follows:
21         (A) If the effective date for the elementary opt-in is
22     one year after the effective date for the optional
23     elementary unit district, 100% of the calculated excess
24     shall be paid to the optional elementary unit district in
25     each of the first 4 years after the effective date of the
26     elementary opt-in.

 

 

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1         (B) If the effective date for the elementary opt-in is
2     2 years after the effective date for the optional
3     elementary unit district, 75% of the calculated excess
4     shall be paid to the optional elementary unit district in
5     each of the first 4 years after the effective date of the
6     elementary opt-in.
7         (C) If the effective date for the elementary opt-in is
8     3 years after the effective date for the optional
9     elementary unit district, 50% of the calculated excess
10     shall be paid to the optional elementary unit district in
11     each of the first 4 years after the effective date of the
12     elementary opt-in.
13         (D) If the effective date for the elementary opt-in is
14     4 years after the effective date for the partial elementary
15     unit district, 25% of the calculated excess shall be paid
16     to the optional elementary unit district in each of the
17     first 4 years after the effective date of the elementary
18     opt-in.
19         (E) If the effective date for the elementary opt-in is
20     5 years after the effective date for the optional
21     elementary unit district, the optional elementary unit
22     district is not eligible for any additional incentives due
23     to the elementary opt-in.
24     (5.5) (b-5) After the formation of a cooperative high
25 school by 2 or more school districts under Section 10-22.22c of
26 this Code, a computation shall be made to determine the

 

 

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1 difference between the salaries effective in each of the
2 previously existing high schools on June 30 prior to the
3 formation of the cooperative high school. For the first 4 years
4 after the formation of the cooperative high school, a
5 supplementary State aid reimbursement shall be paid to the
6 cooperative high school equal to the difference between the sum
7 of the salaries earned by each of the certificated members of
8 the cooperative high school while employed in one of the
9 previously existing high schools during the year immediately
10 preceding the formation of the cooperative high school and the
11 sum of the salaries those certificated members would have been
12 paid during the year immediately prior to the formation of the
13 cooperative high school if placed on the salary schedule of the
14 previously existing high school with the highest salary
15 schedule.
16     (5.10) After the deactivation of a school facility in
17 accordance with Section 10-22.22b of this Code, a computation
18 shall be made to determine the difference between the salaries
19 effective in the sending school district and each receiving
20 school district on June 30 prior to the deactivation of the
21 school facility. For the lesser of the first 4 years after the
22 deactivation of the school facility or the length of the
23 deactivation agreement, including any renewals of the original
24 deactivation agreement, a supplementary State aid
25 reimbursement shall be paid to each receiving district equal to
26 the difference between the sum of the salaries earned by each

 

 

HB2017 - 29 - LRB095 09462 NHT 29660 b

1 of the certificated members transferred to that receiving
2 district as a result of the deactivation while employed in the
3 sending district during the year immediately preceding the
4 deactivation and the sum of the salaries those certificated
5 members would have been paid during the year immediately
6 preceding the deactivation if placed on the salary schedule of
7 the sending or receiving district with the highest salary
8 schedule.
9     (6) The supplementary State aid reimbursement under this
10 subsection (b) shall be treated as separate from all other
11 payments made pursuant to Section 18-8.05 of this Code. In the
12 case of the formation of a new district or cooperative high
13 school or a deactivation, reimbursement shall begin during the
14 first year of operation of the new district or cooperative high
15 school or the first year of the deactivation, and in the case
16 of an annexation of the territory of one or more school
17 districts by one or more other school districts, reimbursement
18 shall begin during the first year when the change in boundaries
19 attributable to the annexation or division becomes effective
20 for all purposes as determined pursuant to Section 7-9 of this
21 Code. Each year that the new, annexing, or receiving resulting
22 district or cooperative high school, as the case may be, is
23 entitled to receive reimbursement, the number of eligible
24 certified members who are employed on October 1 in the district
25 or cooperative high school shall be certified to the State
26 Board of Education on prescribed forms by October 15 and

 

 

HB2017 - 30 - LRB095 09462 NHT 29660 b

1 payment shall be made on or before November 15 of that year.
2     (c)(1) For the first year after the formation of a combined
3 school district, as defined in Section 11E-20 of this Code or a
4 unit district, as defined in Section 11E-25 of this Code, a
5 computation shall be made totaling each previously existing
6 district's audited fund balances in the educational fund,
7 working cash fund, operations and maintenance fund, and
8 transportation fund for the year ending June 30 prior to the
9 referendum for the creation of the new district. The new
10 district shall be paid supplementary State aid equal to the sum
11 of the differences between the deficit of the previously
12 existing district with the smallest deficit and the deficits of
13 each of the other previously existing districts.
14     (2) For the first year after the annexation of all of the
15 territory of one or more entire school districts by another
16 school district, as defined in Article 7 of this Code,
17 computations shall be made, for the year ending June 30 prior
18 to the date that the change of boundaries attributable to the
19 annexation is allowed by the affirmative decision issued by the
20 regional board of school trustees under Section 7-6 of this
21 Code, notwithstanding any effort to seek administrative review
22 of the decision, totaling the annexing district's and totaling
23 each annexed district's audited fund balances in their
24 respective educational, working cash, operations and
25 maintenance, and transportation funds. The annexing district
26 as constituted after the annexation shall be paid supplementary

 

 

HB2017 - 31 - LRB095 09462 NHT 29660 b

1 State aid equal to the sum of the differences between the
2 deficit of whichever of the annexing or annexed districts as
3 constituted prior to the annexation had the smallest deficit
4 and the deficits of each of the other districts as constituted
5 prior to the annexation.
6     (3) For the first year after the annexation of all of the
7 territory of one or more entire school districts by 2 or more
8 other school districts, as defined by Article 7 of this Code,
9 computations shall be made, for the year ending June 30 prior
10 to the date that the change of boundaries attributable to the
11 annexation is allowed by the affirmative decision of the
12 regional board of school trustees under Section 7-6 of this
13 Code, notwithstanding any action for administrative review of
14 the decision, totaling each annexing and annexed district's
15 audited fund balances in their respective educational, working
16 cash, operations and maintenance, and transportation funds.
17 The annexing districts as constituted after the annexation
18 shall be paid supplementary State aid, allocated as provided in
19 this paragraph (3), in an aggregate amount equal to the sum of
20 the differences between the deficit of whichever of the
21 annexing or annexed districts as constituted prior to the
22 annexation had the smallest deficit and the deficits of each of
23 the other districts as constituted prior to the annexation. The
24 aggregate amount of the supplementary State aid payable under
25 this paragraph (3) shall be allocated between or among the
26 annexing districts as follows:

 

 

HB2017 - 32 - LRB095 09462 NHT 29660 b

1         (A) the regional superintendent of schools for each
2     educational service region in which an annexed district is
3     located prior to the annexation shall certify to the State
4     Board of Education, on forms that it shall provide for that
5     purpose, the value of all taxable property in each annexed
6     district, as last equalized or assessed by the Department
7     of Revenue prior to the annexation, and the equalized
8     assessed value of each part of the annexed district that
9     was annexed to or included as a part of an annexing
10     district;
11         (B) using equalized assessed values as certified by the
12     regional superintendent of schools under clause (A) of this
13     paragraph (3), the combined audited fund balance deficit of
14     each annexed district as determined under this Section
15     shall be apportioned between or among the annexing
16     districts in the same ratio as the equalized assessed value
17     of that part of the annexed district that was annexed to or
18     included as a part of an annexing district bears to the
19     total equalized assessed value of the annexed district; and
20         (C) the aggregate supplementary State aid payment
21     under this paragraph (3) shall be allocated between or
22     among, and shall be paid to, the annexing districts in the
23     same ratio as the sum of the combined audited fund balance
24     deficit of each annexing district as constituted prior to
25     the annexation, plus all combined audited fund balance
26     deficit amounts apportioned to that annexing district

 

 

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1     under clause (B) of this subsection, bears to the aggregate
2     of the combined audited fund balance deficits of all of the
3     annexing and annexed districts as constituted prior to the
4     annexation.
5     (4) For the new elementary districts and new high school
6 district formed through a school district conversion, as
7 defined in subsection (b) of Section 11E-15 of this Code or the
8 new elementary district or districts and new combined high
9 school - unit district formed through a multi-unit conversion,
10 as defined in subsection (b) of Section 11E-30 of this Code, a
11 computation shall be made totaling each previously existing
12 district's audited fund balances in the educational fund,
13 working cash fund, operations and maintenance fund, and
14 transportation fund for the year ending June 30 prior to the
15 referendum establishing the new districts. In the first year of
16 the new districts, the State shall make a one-time
17 supplementary payment equal to the sum of the differences
18 between the deficit of the previously existing district with
19 the smallest deficit and the deficits of each of the other
20 previously existing districts. A district with a combined
21 balance among the 4 funds that is positive shall be considered
22 to have a deficit of zero. The supplementary payment shall be
23 allocated among the newly formed high school and elementary
24 districts in the manner provided by the petition for the
25 formation of the districts, in the form in which the petition
26 is approved by the regional superintendent of schools or State

 

 

HB2017 - 34 - LRB095 09462 NHT 29660 b

1 Superintendent of Education under Section 11E-50 of this Code.
2     (5) For each newly created partial elementary unit
3 district, as defined in subsection (a) or (c) of Section 11E-30
4 of this Code, a computation shall be made totaling the audited
5 fund balances of each previously existing district that formed
6 the new partial elementary unit district in the educational
7 fund, working cash fund, operations and maintenance fund, and
8 transportation fund for the year ending June 30 prior to the
9 referendum for the formation of the partial elementary unit
10 district. In the first year of the new partial elementary unit
11 district, the State shall make a one-time supplementary payment
12 to the new district equal to the sum of the differences between
13 the deficit of the previously existing district with the
14 smallest deficit and the deficits of each of the other
15 previously existing districts. A district with a combined
16 balance among the 4 funds that is positive shall be considered
17 to have a deficit of zero.
18     (6) For an elementary opt-in as defined in subsection (d)
19 of Section 11E-30 of this Code, the deficit fund balance
20 incentive shall be computed in accordance with paragraph (5) of
21 this subsection (c) as if the opted-in elementary was included
22 in the optional elementary unit district at the optional
23 elementary unit district's original effective date. If the
24 calculation in this paragraph (6) is less than that calculated
25 in paragraph (5) of this subsection (c) at the optional
26 elementary unit district's original effective date, then no

 

 

HB2017 - 35 - LRB095 09462 NHT 29660 b

1 adjustments may be made. If the calculation in this paragraph
2 (6) is more than that calculated in paragraph (5) of this
3 subsection (c) at the optional elementary unit district's
4 original effective date, then the excess must be paid as
5 follows:
6         (A) If the effective date for the elementary opt-in is
7     one year after the effective date for the optional
8     elementary unit district, 100% of the calculated excess
9     shall be paid to the optional elementary unit district in
10     the first year after the effective date of the elementary
11     opt-in.
12         (B) If the effective date for the elementary opt-in is
13     2 years after the effective date for the optional
14     elementary unit district, 75% of the calculated excess
15     shall be paid to the optional elementary unit district in
16     the first year after the effective date of the elementary
17     opt-in.
18         (C) If the effective date for the elementary opt-in is
19     3 years after the effective date for the optional
20     elementary unit district, 50% of the calculated excess
21     shall be paid to the optional elementary unit district in
22     the first year after the effective date of the elementary
23     opt-in.
24         (D) If the effective date for the elementary opt-in is
25     4 years after the effective date for the optional
26     elementary unit district, 25% of the calculated excess

 

 

HB2017 - 36 - LRB095 09462 NHT 29660 b

1     shall be paid to the optional elementary unit district in
2     the first year after the effective date of the elementary
3     opt-in.
4         (E) If the effective date for the elementary opt-in is
5     5 years after the effective date for the optional
6     elementary unit district, the optional elementary unit
7     district is not eligible for any additional incentives due
8     to the elementary opt-in.
9     (7) For purposes of any calculation required under
10 paragraph (1), (2), (3), (4), (5), or (6) of this subsection
11 (c), a district with a combined fund balance that is positive
12 shall be considered to have a deficit of zero. For purposes of
13 determining each district's audited fund balances in its
14 educational fund, working cash fund, operations and
15 maintenance fund, and transportation fund for the specified
16 year ending June 30, as provided in paragraphs (1), (2), (3),
17 (4), (5), and (6) of this subsection (c), the balance of each
18 fund shall be deemed decreased by an amount equal to the amount
19 of the annual property tax theretofore levied in the fund by
20 the district for collection and payment to the district during
21 the calendar year in which the June 30 fell, but only to the
22 extent that the tax so levied in the fund actually was received
23 by the district on or before or comprised a part of the fund on
24 such June 30. For purposes of determining each district's
25 audited fund balances, a calculation shall be made for each
26 fund to determine the average for the 3 years prior to the

 

 

HB2017 - 37 - LRB095 09462 NHT 29660 b

1 specified year ending June 30, as provided in paragraphs (1),
2 (2), (3), (4), (5), and (6) of this subsection (c), of the
3 district's expenditures in the categories "purchased
4 services", "supplies and materials", and "capital outlay", as
5 those categories are defined in rules of the State Board of
6 Education. If this 3-year average is less than the district's
7 expenditures in these categories for the specified year ending
8 June 30, as provided in paragraphs (1), (2), (3), (4), (5), and
9 (6) of this subsection (c), then the 3-year average shall be
10 used in calculating the amounts payable under this Section in
11 place of the amounts shown in these categories for the
12 specified year ending June 30, as provided in paragraphs (1),
13 (2), (3), (4), (5), and (6) of this subsection (c). Any deficit
14 because of State aid not yet received may not be considered in
15 determining the June 30 deficits. The same basis of accounting
16 shall be used by all previously existing districts and by all
17 annexing or annexed districts, as constituted prior to the
18 annexation, in making any computation required under
19 paragraphs (1), (2), (3), (4), (5), and (6) of this subsection
20 (c).
21     (8) The supplementary State aid payments under this
22 subsection (c) shall be treated as separate from all other
23 payments made pursuant to Section 18-8.05 of this Code.
24     (d)(1) Following the formation of a combined school
25 district, as defined in Section 11E-20 of this Code, a new unit
26 district, as defined in Section 11E-25 of this Code, a new

 

 

HB2017 - 38 - LRB095 09462 NHT 29660 b

1 elementary district or districts and a new high school district
2 formed through a school district conversion, as defined in
3 subsection (b) of Section 11E-15 of this Code, a new partial
4 elementary unit district, as defined in Section 11E-30 of this
5 Code, or a new elementary district or districts formed through
6 a multi-unit conversion, as defined in subsection (b) of
7 Section 11E-30 of this Code, or the annexation of all of the
8 territory of one or more entire school districts by one or more
9 other school districts, as defined in Article 7 of this Code, a
10 supplementary State aid reimbursement shall be paid for the
11 number of school years determined under the following table to
12 each new or annexing district equal to the sum of $4,000 for
13 each certified employee who is employed by the district on a
14 full-time basis for the regular term of the school year:
 
15Reorganized District's RankReorganized District's Rank
16by type of district (unit,in Average Daily Attendance
17high school, elementary)By Quintile
18in Equalized Assessed Value
19Per Pupil by Quintile
203rd, 4th,
211st2ndor 5th
22QuintileQuintileQuintile
23    1st Quintile1 year1 year1 year
24    2nd Quintile1 year2 years2 years
25    3rd Quintile2 years3 years3 years

 

 

 

HB2017 - 39 - LRB095 09462 NHT 29660 b

1    4th Quintile2 years3 years3 years
2    5th Quintile2 years3 years3 years
3 The State Board of Education shall make a one-time calculation
4 of a reorganized district's quintile ranks. The average daily
5 attendance used in this calculation shall be the best 3 months'
6 average daily attendance for the district's first year. The
7 equalized assessed value per pupil shall be the district's real
8 property equalized assessed value used in calculating the
9 district's first-year general State aid claim, under Section
10 18-8.05 of this Code, divided by the best 3 months' average
11 daily attendance.
12     No annexing or resulting school district shall be entitled
13 to supplementary State aid under this subsection (d) unless the
14 district acquires at least 30% of the average daily attendance
15 of the district from which the territory is being detached or
16 divided.
17     If a district results from multiple reorganizations that
18 would otherwise qualify the district for multiple payments
19 under this subsection (d) in any year, then the district shall
20 receive a single payment only for that year based solely on the
21 most recent reorganization.
22     (2) For an elementary opt-in, as defined in subsection (d)
23 of Section 11E-30 of this Code, the full-time certified staff
24 incentive shall be computed in accordance with paragraph (1) of
25 this subsection (d), equal to the sum of $4,000 for each

 

 

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1 certified employee of the elementary district that opts-in who
2 is employed by the optional elementary unit district on a
3 full-time basis for the regular term of the school year. The
4 calculation from this paragraph (2) must be paid as follows:
5         (A) If the effective date for the elementary opt-in is
6     one year after the effective date for the optional
7     elementary unit district, 100% of the amount calculated in
8     this paragraph (2) shall be paid to the optional elementary
9     unit district for the number of years calculated in
10     paragraph (1) of this subsection (d) at the optional
11     elementary unit district's original effective date,
12     starting in the second year after the effective date of the
13     elementary opt-in.
14         (B) If the effective date for the elementary opt-in is
15     2 years after the effective date for the optional
16     elementary unit district, 75% of the amount calculated in
17     this paragraph (2) shall be paid to the optional elementary
18     unit district for the number of years calculated in
19     paragraph (1) of this subsection (d) at the optional
20     elementary unit district's original effective date,
21     starting in the second year after the effective date of the
22     elementary opt-in.
23         (C) If the effective date for the elementary opt-in is
24     3 years after the effective date for the optional
25     elementary unit district, 50% of the amount calculated in
26     this paragraph (2) shall be paid to the optional elementary

 

 

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1     unit district for the number of years calculated in
2     paragraph (1) of this subsection (d) at the optional
3     elementary unit district's original effective date,
4     starting in the second year after the effective date of the
5     elementary opt-in.
6         (D) If the effective date for the elementary opt-in is
7     4 years after the effective date for the optional
8     elementary unit district, 25% of the amount calculated in
9     this paragraph (2) shall be paid to the optional elementary
10     unit district for the number of years calculated in
11     paragraph (1) of this subsection (d) at the optional
12     elementary unit district's original effective date,
13     starting in the second year after the effective date of the
14     elementary opt-in.
15         (E) If the effective date for the elementary opt-in is
16     5 years after the effective date for the optional
17     elementary unit district, the optional elementary unit
18     district is not eligible for any additional incentives due
19     to the elementary opt-in.
20     (2.5) (a-5) Following the formation of a cooperative high
21 school by 2 or more school districts under Section 10-22.22c of
22 this Code, a supplementary State aid reimbursement shall be
23 paid for 3 school years to the cooperative high school equal to
24 the sum of $4,000 for each certified employee who is employed
25 by the cooperative high school on a full-time basis for the
26 regular term of any such school year. If a cooperative high

 

 

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1 school results from multiple agreements that would otherwise
2 qualify the cooperative high school for multiple payments under
3 this Section in any year, the cooperative high school shall
4 receive a single payment for that year based solely on the most
5 recent agreement.
6     (2.10) Following the deactivation of a school facility in
7 accordance with Section 10-22.22b of this Code, a supplementary
8 State aid reimbursement shall be paid for the lesser of 3
9 school years or the length of the deactivation agreement,
10 including any renewals of the original deactivation agreement,
11 to each receiving school district equal to the sum of $4,000
12 for each certified employee who is employed by that receiving
13 district on a full-time basis for the regular term of any such
14 school year who was originally transferred to the control of
15 that receiving district as a result of the deactivation.
16 Receiving districts are eligible for payments under this
17 paragraph (2.10) based on the certified employees transferred
18 to that receiving district as a result of the deactivation and
19 are not required to receive at least 30% of the deactivating
20 district's average daily attendance as required under
21 paragraph (1) of this subsection (d) to be eligible for
22 payments.
23     (3) The supplementary State aid reimbursement payable
24 under this subsection (d) shall be separate from and in
25 addition to all other payments made to the district pursuant to
26 any other Section of this Article.

 

 

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1     (4) During May of each school year for which a
2 supplementary State aid reimbursement is to be paid to a new,
3 or annexing, or receiving school district or cooperative high
4 school pursuant to this subsection (d), the school board or
5 governing board shall certify to the State Board of Education,
6 on forms furnished to the school board or governing board by
7 the State Board of Education for purposes of this subsection
8 (d), the number of certified employees for which the district
9 or cooperative high school is entitled to reimbursement under
10 this Section, together with the names, certificate numbers, and
11 positions held by the certified employees.
12     (5) Upon certification by the State Board of Education to
13 the State Comptroller of the amount of the supplementary State
14 aid reimbursement to which a school district or cooperative
15 high school is entitled under this subsection (d), the State
16 Comptroller shall draw his or her warrant upon the State
17 Treasurer for the payment thereof to the school district or
18 cooperative high school and shall promptly transmit the payment
19 to the school district or cooperative high school through the
20 appropriate school treasurer.
21 (Source: P.A. 94-1019, eff. 7-10-06; incorporates P.A. 94-902,
22 eff. 7-1-06; revised 9-13-06.)
 
23     (105 ILCS 5/18-8.05)
24     Sec. 18-8.05. Basis for apportionment of general State
25 financial aid and supplemental general State aid to the common

 

 

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1 schools for the 1998-1999 and subsequent school years.
 
2 (A) General Provisions.
3     (1) The provisions of this Section apply to the 1998-1999
4 and subsequent school years. The system of general State
5 financial aid provided for in this Section is designed to
6 assure that, through a combination of State financial aid and
7 required local resources, the financial support provided each
8 pupil in Average Daily Attendance equals or exceeds a
9 prescribed per pupil Foundation Level. This formula approach
10 imputes a level of per pupil Available Local Resources and
11 provides for the basis to calculate a per pupil level of
12 general State financial aid that, when added to Available Local
13 Resources, equals or exceeds the Foundation Level. The amount
14 of per pupil general State financial aid for school districts,
15 in general, varies in inverse relation to Available Local
16 Resources. Per pupil amounts are based upon each school
17 district's Average Daily Attendance as that term is defined in
18 this Section.
19     (2) In addition to general State financial aid, school
20 districts with specified levels or concentrations of pupils
21 from low income households are eligible to receive supplemental
22 general State financial aid grants as provided pursuant to
23 subsection (H). The supplemental State aid grants provided for
24 school districts under subsection (H) shall be appropriated for
25 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.
3     (3) To receive financial assistance under this Section,
4 school districts are required to file claims with the State
5 Board of Education, subject to the following requirements:
6         (a) Any school district which fails for any given
7     school year to maintain school as required by law, or to
8     maintain a recognized school is not eligible to file for
9     such school year any claim upon the Common School Fund. In
10     case of nonrecognition of one or more attendance centers in
11     a school district otherwise operating recognized schools,
12     the claim of the district shall be reduced in the
13     proportion which the Average Daily Attendance in the
14     attendance center or centers bear to the Average Daily
15     Attendance in the school district. A "recognized school"
16     means any public school which meets the standards as
17     established for recognition by the State Board of
18     Education. A school district or attendance center not
19     having recognition status at the end of a school term is
20     entitled to receive State aid payments due upon a legal
21     claim which was filed while it was recognized.
22         (b) School district claims filed under this Section are
23     subject to Sections 18-9, 18-10, and 18-12, except as
24     otherwise provided in this Section.
25         (c) If a school district operates a full year school
26     under Section 10-19.1, the general State aid to the school

 

 

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1     district shall be determined by the State Board of
2     Education in accordance with this Section as near as may be
3     applicable.
4         (d) (Blank).
5     (4) Except as provided in subsections (H) and (L), the
6 board of any district receiving any of the grants provided for
7 in this Section may apply those funds to any fund so received
8 for which that board is authorized to make expenditures by law.
9     School districts are not required to exert a minimum
10 Operating Tax Rate in order to qualify for assistance under
11 this Section.
12     (5) As used in this Section the following terms, when
13 capitalized, shall have the meaning ascribed herein:
14         (a) "Average Daily Attendance": A count of pupil
15     attendance in school, averaged as provided for in
16     subsection (C) and utilized in deriving per pupil financial
17     support levels.
18         (b) "Available Local Resources": A computation of
19     local financial support, calculated on the basis of Average
20     Daily Attendance and derived as provided pursuant to
21     subsection (D).
22         (c) "Corporate Personal Property Replacement Taxes":
23     Funds paid to local school districts pursuant to "An Act in
24     relation to the abolition of ad valorem personal property
25     tax and the replacement of revenues lost thereby, and
26     amending and repealing certain Acts and parts of Acts in

 

 

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1     connection therewith", certified August 14, 1979, as
2     amended (Public Act 81-1st S.S.-1).
3         (d) "Foundation Level": A prescribed level of per pupil
4     financial support as provided for in subsection (B).
5         (e) "Operating Tax Rate": All school district property
6     taxes extended for all purposes, except Bond and Interest,
7     Summer School, Rent, Capital Improvement, and Vocational
8     Education Building purposes.
 
9 (B) Foundation Level.
10     (1) The Foundation Level is a figure established by the
11 State representing the minimum level of per pupil financial
12 support that should be available to provide for the basic
13 education of each pupil in Average Daily Attendance. As set
14 forth in this Section, each school district is assumed to exert
15 a sufficient local taxing effort such that, in combination with
16 the aggregate of general State financial aid provided the
17 district, an aggregate of State and local resources are
18 available to meet the basic education needs of pupils in the
19 district.
20     (2) For the 1998-1999 school year, the Foundation Level of
21 support is $4,225. For the 1999-2000 school year, the
22 Foundation Level of support is $4,325. For the 2000-2001 school
23 year, the Foundation Level of support is $4,425. For the
24 2001-2002 school year and 2002-2003 school year, the Foundation
25 Level of support is $4,560. For the 2003-2004 school year, the

 

 

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1 Foundation Level of support is $4,810. For the 2004-2005 school
2 year, the Foundation Level of support is $4,964. For the
3 2005-2006 school year, the Foundation Level of support is
4 $5,164.
5     (3) For the 2006-2007 school year and each school year
6 thereafter, the Foundation Level of support is $5,334 or such
7 greater amount as may be established by law by the General
8 Assembly.
 
9 (C) Average Daily Attendance.
10     (1) For purposes of calculating general State aid pursuant
11 to subsection (E), an Average Daily Attendance figure shall be
12 utilized. The Average Daily Attendance figure for formula
13 calculation purposes shall be the monthly average of the actual
14 number of pupils in attendance of each school district, as
15 further averaged for the best 3 months of pupil attendance for
16 each school district. In compiling the figures for the number
17 of pupils in attendance, school districts and the State Board
18 of Education shall, for purposes of general State aid funding,
19 conform attendance figures to the requirements of subsection
20 (F).
21     (2) The Average Daily Attendance figures utilized in
22 subsection (E) shall be the requisite attendance data for the
23 school year immediately preceding the school year for which
24 general State aid is being calculated or the average of the
25 attendance data for the 3 preceding school years, whichever is

 

 

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1 greater. The Average Daily Attendance figures utilized in
2 subsection (H) shall be the requisite attendance data for the
3 school year immediately preceding the school year for which
4 general State aid is being calculated.
 
5 (D) Available Local Resources.
6     (1) For purposes of calculating general State aid pursuant
7 to subsection (E), a representation of Available Local
8 Resources per pupil, as that term is defined and determined in
9 this subsection, shall be utilized. Available Local Resources
10 per pupil shall include a calculated dollar amount representing
11 local school district revenues from local property taxes and
12 from Corporate Personal Property Replacement Taxes, expressed
13 on the basis of pupils in Average Daily Attendance. Calculation
14 of Available Local Resources shall exclude any tax amnesty
15 funds received as a result of Public Act 93-26.
16     (2) In determining a school district's revenue from local
17 property taxes, the State Board of Education shall utilize the
18 equalized assessed valuation of all taxable property of each
19 school district as of September 30 of the previous year. The
20 equalized assessed valuation utilized shall be obtained and
21 determined as provided in subsection (G).
22     (3) For school districts maintaining grades kindergarten
23 through 12, local property tax revenues per pupil shall be
24 calculated as the product of the applicable equalized assessed
25 valuation for the district multiplied by 3.00%, and divided by

 

 

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1 the district's Average Daily Attendance figure. For school
2 districts maintaining grades kindergarten through 8, local
3 property tax revenues per pupil shall be calculated as the
4 product of the applicable equalized assessed valuation for the
5 district multiplied by 2.30%, and divided by the district's
6 Average Daily Attendance figure. For school districts
7 maintaining grades 9 through 12, local property tax revenues
8 per pupil shall be the applicable equalized assessed valuation
9 of the district multiplied by 1.05%, and divided by the
10 district's Average Daily Attendance figure.
11     For partial elementary unit districts created pursuant to
12 Article 11E of this Code, local property tax revenues per pupil
13 shall be calculated as the product of the equalized assessed
14 valuation for property within the elementary and high school
15 classification of the partial elementary unit district for
16 elementary purposes, as defined in Article 11E of this Code,
17 multiplied by 2.06% and divided by the district's Average Daily
18 Attendance figure for grades kindergarten through 8, plus the
19 product of the equalized assessed valuation for property within
20 the high school only classification of the partial elementary
21 unit district for high school purposes, as defined in Article
22 11E of this Code, multiplied by 0.94% and divided by the
23 district's Average Daily Attendance figure for grades 9 through
24 12.
25     (4) The Corporate Personal Property Replacement Taxes paid
26 to each school district during the calendar year 2 years before

 

 

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1 the calendar year in which a school year begins, divided by the
2 Average Daily Attendance figure for that district, shall be
3 added to the local property tax revenues per pupil as derived
4 by the application of the immediately preceding paragraph (3).
5 The sum of these per pupil figures for each school district
6 shall constitute Available Local Resources as that term is
7 utilized in subsection (E) in the calculation of general State
8 aid.
 
9 (E) Computation of General State Aid.
10     (1) For each school year, the amount of general State aid
11 allotted to a school district shall be computed by the State
12 Board of Education as provided in this subsection.
13     (2) For any school district for which Available Local
14 Resources per pupil is less than the product of 0.93 times the
15 Foundation Level, general State aid for that district shall be
16 calculated as an amount equal to the Foundation Level minus
17 Available Local Resources, multiplied by the Average Daily
18 Attendance of the school district.
19     (3) For any school district for which Available Local
20 Resources per pupil is equal to or greater than the product of
21 0.93 times the Foundation Level and less than the product of
22 1.75 times the Foundation Level, the general State aid per
23 pupil shall be a decimal proportion of the Foundation Level
24 derived using a linear algorithm. Under this linear algorithm,
25 the calculated general State aid per pupil shall decline in

 

 

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1 direct linear fashion from 0.07 times the Foundation Level for
2 a school district with Available Local Resources equal to the
3 product of 0.93 times the Foundation Level, to 0.05 times the
4 Foundation Level for a school district with Available Local
5 Resources equal to the product of 1.75 times the Foundation
6 Level. The allocation of general State aid for school districts
7 subject to this paragraph 3 shall be the calculated general
8 State aid per pupil figure multiplied by the Average Daily
9 Attendance of the school district.
10     (4) For any school district for which Available Local
11 Resources per pupil equals or exceeds the product of 1.75 times
12 the Foundation Level, the general State aid for the school
13 district shall be calculated as the product of $218 multiplied
14 by the Average Daily Attendance of the school district.
15     (5) The amount of general State aid allocated to a school
16 district for the 1999-2000 school year meeting the requirements
17 set forth in paragraph (4) of subsection (G) shall be increased
18 by an amount equal to the general State aid that would have
19 been received by the district for the 1998-1999 school year by
20 utilizing the Extension Limitation Equalized Assessed
21 Valuation as calculated in paragraph (4) of subsection (G) less
22 the general State aid allotted for the 1998-1999 school year.
23 This amount shall be deemed a one time increase, and shall not
24 affect any future general State aid allocations.
 
25 (F) Compilation of Average Daily Attendance.

 

 

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1     (1) Each school district shall, by July 1 of each year,
2 submit to the State Board of Education, on forms prescribed by
3 the State Board of Education, attendance figures for the school
4 year that began in the preceding calendar year. The attendance
5 information so transmitted shall identify the average daily
6 attendance figures for each month of the school year. Beginning
7 with the general State aid claim form for the 2002-2003 school
8 year, districts shall calculate Average Daily Attendance as
9 provided in subdivisions (a), (b), and (c) of this paragraph
10 (1).
11         (a) In districts that do not hold year-round classes,
12     days of attendance in August shall be added to the month of
13     September and any days of attendance in June shall be added
14     to the month of May.
15         (b) In districts in which all buildings hold year-round
16     classes, days of attendance in July and August shall be
17     added to the month of September and any days of attendance
18     in June shall be added to the month of May.
19         (c) In districts in which some buildings, but not all,
20     hold year-round classes, for the non-year-round buildings,
21     days of attendance in August shall be added to the month of
22     September and any days of attendance in June shall be added
23     to the month of May. The average daily attendance for the
24     year-round buildings shall be computed as provided in
25     subdivision (b) of this paragraph (1). To calculate the
26     Average Daily Attendance for the district, the average

 

 

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1     daily attendance for the year-round buildings shall be
2     multiplied by the days in session for the non-year-round
3     buildings for each month and added to the monthly
4     attendance of the non-year-round buildings.
5     Except as otherwise provided in this Section, days of
6 attendance by pupils shall be counted only for sessions of not
7 less than 5 clock hours of school work per day under direct
8 supervision of: (i) teachers, or (ii) non-teaching personnel or
9 volunteer personnel when engaging in non-teaching duties and
10 supervising in those instances specified in subsection (a) of
11 Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
12 of legal school age and in kindergarten and grades 1 through
13 12.
14     Days of attendance by tuition pupils shall be accredited
15 only to the districts that pay the tuition to a recognized
16 school.
17     (2) Days of attendance by pupils of less than 5 clock hours
18 of school shall be subject to the following provisions in the
19 compilation of Average Daily Attendance.
20         (a) Pupils regularly enrolled in a public school for
21     only a part of the school day may be counted on the basis
22     of 1/6 day for every class hour of instruction of 40
23     minutes or more attended pursuant to such enrollment,
24     unless a pupil is enrolled in a block-schedule format of 80
25     minutes or more of instruction, in which case the pupil may
26     be counted on the basis of the proportion of minutes of

 

 

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1     school work completed each day to the minimum number of
2     minutes that school work is required to be held that day.
3         (b) Days of attendance may be less than 5 clock hours
4     on the opening and closing of the school term, and upon the
5     first day of pupil attendance, if preceded by a day or days
6     utilized as an institute or teachers' workshop.
7         (c) A session of 4 or more clock hours may be counted
8     as a day of attendance upon certification by the regional
9     superintendent, and approved by the State Superintendent
10     of Education to the extent that the district has been
11     forced to use daily multiple sessions.
12         (d) A session of 3 or more clock hours may be counted
13     as a day of attendance (1) when the remainder of the school
14     day or at least 2 hours in the evening of that day is
15     utilized for an in-service training program for teachers,
16     up to a maximum of 5 days per school year of which a
17     maximum of 4 days of such 5 days may be used for
18     parent-teacher conferences, provided a district conducts
19     an in-service training program for teachers which has been
20     approved by the State Superintendent of Education; or, in
21     lieu of 4 such days, 2 full days may be used, in which
22     event each such day may be counted as a day of attendance;
23     and (2) when days in addition to those provided in item (1)
24     are scheduled by a school pursuant to its school
25     improvement plan adopted under Article 34 or its revised or
26     amended school improvement plan adopted under Article 2,

 

 

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1     provided that (i) such sessions of 3 or more clock hours
2     are scheduled to occur at regular intervals, (ii) the
3     remainder of the school days in which such sessions occur
4     are utilized for in-service training programs or other
5     staff development activities for teachers, and (iii) a
6     sufficient number of minutes of school work under the
7     direct supervision of teachers are added to the school days
8     between such regularly scheduled sessions to accumulate
9     not less than the number of minutes by which such sessions
10     of 3 or more clock hours fall short of 5 clock hours. Any
11     full days used for the purposes of this paragraph shall not
12     be considered for computing average daily attendance. Days
13     scheduled for in-service training programs, staff
14     development activities, or parent-teacher conferences may
15     be scheduled separately for different grade levels and
16     different attendance centers of the district.
17         (e) A session of not less than one clock hour of
18     teaching hospitalized or homebound pupils on-site or by
19     telephone to the classroom may be counted as 1/2 day of
20     attendance, however these pupils must receive 4 or more
21     clock hours of instruction to be counted for a full day of
22     attendance.
23         (f) A session of at least 4 clock hours may be counted
24     as a day of attendance for first grade pupils, and pupils
25     in full day kindergartens, and a session of 2 or more hours
26     may be counted as 1/2 day of attendance by pupils in

 

 

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1     kindergartens which provide only 1/2 day of attendance.
2         (g) For children with disabilities who are below the
3     age of 6 years and who cannot attend 2 or more clock hours
4     because of their disability or immaturity, a session of not
5     less than one clock hour may be counted as 1/2 day of
6     attendance; however for such children whose educational
7     needs so require a session of 4 or more clock hours may be
8     counted as a full day of attendance.
9         (h) A recognized kindergarten which provides for only
10     1/2 day of attendance by each pupil shall not have more
11     than 1/2 day of attendance counted in any one day. However,
12     kindergartens may count 2 1/2 days of attendance in any 5
13     consecutive school days. When a pupil attends such a
14     kindergarten for 2 half days on any one school day, the
15     pupil shall have the following day as a day absent from
16     school, unless the school district obtains permission in
17     writing from the State Superintendent of Education.
18     Attendance at kindergartens which provide for a full day of
19     attendance by each pupil shall be counted the same as
20     attendance by first grade pupils. Only the first year of
21     attendance in one kindergarten shall be counted, except in
22     case of children who entered the kindergarten in their
23     fifth year whose educational development requires a second
24     year of kindergarten as determined under the rules and
25     regulations of the State Board of Education.
26         (i) On the days when the Prairie State Achievement

 

 

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1     Examination is administered under subsection (c) of
2     Section 2-3.64 of this Code, the day of attendance for a
3     pupil whose school day must be shortened to accommodate
4     required testing procedures may be less than 5 clock hours
5     and shall be counted towards the 176 days of actual pupil
6     attendance required under Section 10-19 of this Code,
7     provided that a sufficient number of minutes of school work
8     in excess of 5 clock hours are first completed on other
9     school days to compensate for the loss of school work on
10     the examination days.
 
11 (G) Equalized Assessed Valuation Data.
12     (1) For purposes of the calculation of Available Local
13 Resources required pursuant to subsection (D), the State Board
14 of Education shall secure from the Department of Revenue the
15 value as equalized or assessed by the Department of Revenue of
16 all taxable property of every school district, together with
17 (i) the applicable tax rate used in extending taxes for the
18 funds of the district as of September 30 of the previous year
19 and (ii) the limiting rate for all school districts subject to
20 property tax extension limitations as imposed under the
21 Property Tax Extension Limitation Law.
22     The Department of Revenue shall add to the equalized
23 assessed value of all taxable property of each school district
24 situated entirely or partially within a county that is or was
25 subject to the alternative general homestead exemption

 

 

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1 provisions of Section 15-176 of the Property Tax Code (a) an
2 amount equal to the total amount by which the homestead
3 exemption allowed under Section 15-176 of the Property Tax Code
4 for real property situated in that school district exceeds the
5 total amount that would have been allowed in that school
6 district if the maximum reduction under Section 15-176 was (i)
7 $4,500 in Cook County or $3,500 in all other counties in tax
8 year 2003 or (ii) $5,000 in all counties in tax year 2004 and
9 thereafter and (b) an amount equal to the aggregate amount for
10 the taxable year of all additional exemptions under Section
11 15-175 of the Property Tax Code for owners with a household
12 income of $30,000 or less. The county clerk of any county that
13 is or was subject to the alternative general homestead
14 exemption provisions of Section 15-176 of the Property Tax Code
15 shall annually calculate and certify to the Department of
16 Revenue for each school district all homestead exemption
17 amounts under Section 15-176 of the Property Tax Code and all
18 amounts of additional exemptions under Section 15-175 of the
19 Property Tax Code for owners with a household income of $30,000
20 or less. It is the intent of this paragraph that if the general
21 homestead exemption for a parcel of property is determined
22 under Section 15-176 of the Property Tax Code rather than
23 Section 15-175, then the calculation of Available Local
24 Resources shall not be affected by the difference, if any,
25 between the amount of the general homestead exemption allowed
26 for that parcel of property under Section 15-176 of the

 

 

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1 Property Tax Code and the amount that would have been allowed
2 had the general homestead exemption for that parcel of property
3 been determined under Section 15-175 of the Property Tax Code.
4 It is further the intent of this paragraph that if additional
5 exemptions are allowed under Section 15-175 of the Property Tax
6 Code for owners with a household income of less than $30,000,
7 then the calculation of Available Local Resources shall not be
8 affected by the difference, if any, because of those additional
9 exemptions.
10     This equalized assessed valuation, as adjusted further by
11 the requirements of this subsection, shall be utilized in the
12 calculation of Available Local Resources.
13     (2) The equalized assessed valuation in paragraph (1) shall
14 be adjusted, as applicable, in the following manner:
15         (a) For the purposes of calculating State aid under
16     this Section, with respect to any part of a school district
17     within a redevelopment project area in respect to which a
18     municipality has adopted tax increment allocation
19     financing pursuant to the Tax Increment Allocation
20     Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
21     of the Illinois Municipal Code or the Industrial Jobs
22     Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
23     Illinois Municipal Code, no part of the current equalized
24     assessed valuation of real property located in any such
25     project area which is attributable to an increase above the
26     total initial equalized assessed valuation of such

 

 

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1     property shall be used as part of the equalized assessed
2     valuation of the district, until such time as all
3     redevelopment project costs have been paid, as provided in
4     Section 11-74.4-8 of the Tax Increment Allocation
5     Redevelopment Act or in Section 11-74.6-35 of the
6     Industrial Jobs Recovery Law. For the purpose of the
7     equalized assessed valuation of the district, the total
8     initial equalized assessed valuation or the current
9     equalized assessed valuation, whichever is lower, shall be
10     used until such time as all redevelopment project costs
11     have been paid.
12         (b) The real property equalized assessed valuation for
13     a school district shall be adjusted by subtracting from the
14     real property value as equalized or assessed by the
15     Department of Revenue for the district an amount computed
16     by dividing the amount of any abatement of taxes under
17     Section 18-170 of the Property Tax Code by 3.00% for a
18     district maintaining grades kindergarten through 12, by
19     2.30% for a district maintaining grades kindergarten
20     through 8, or by 1.05% for a district maintaining grades 9
21     through 12 and adjusted by an amount computed by dividing
22     the amount of any abatement of taxes under subsection (a)
23     of Section 18-165 of the Property Tax Code by the same
24     percentage rates for district type as specified in this
25     subparagraph (b).
26     (3) For the 1999-2000 school year and each school year

 

 

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1 thereafter, if a school district meets all of the criteria of
2 this subsection (G)(3), the school district's Available Local
3 Resources shall be calculated under subsection (D) using the
4 district's Extension Limitation Equalized Assessed Valuation
5 as calculated under this subsection (G)(3).
6     For purposes of this subsection (G)(3) the following terms
7 shall have the following meanings:
8         "Budget Year": The school year for which general State
9     aid is calculated and awarded under subsection (E).
10         "Base Tax Year": The property tax levy year used to
11     calculate the Budget Year allocation of general State aid.
12         "Preceding Tax Year": The property tax levy year
13     immediately preceding the Base Tax Year.
14         "Base Tax Year's Tax Extension": The product of the
15     equalized assessed valuation utilized by the County Clerk
16     in the Base Tax Year multiplied by the limiting rate as
17     calculated by the County Clerk and defined in the Property
18     Tax Extension Limitation Law.
19         "Preceding Tax Year's Tax Extension": The product of
20     the equalized assessed valuation utilized by the County
21     Clerk in the Preceding Tax Year multiplied by the Operating
22     Tax Rate as defined in subsection (A).
23         "Extension Limitation Ratio": A numerical ratio,
24     certified by the County Clerk, in which the numerator is
25     the Base Tax Year's Tax Extension and the denominator is
26     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     Partial elementary unit districts created in accordance

 

 

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1 with Article 11E of this Code shall not be eligible for the
2 adjustment in this subsection (G)(3) until the fifth year
3 following the effective date of the reorganization.
4     (4) For the purposes of calculating general State aid for
5 the 1999-2000 school year only, if a school district
6 experienced a triennial reassessment on the equalized assessed
7 valuation used in calculating its general State financial aid
8 apportionment for the 1998-1999 school year, the State Board of
9 Education shall calculate the Extension Limitation Equalized
10 Assessed Valuation that would have been used to calculate the
11 district's 1998-1999 general State aid. This amount shall equal
12 the product of the equalized assessed valuation used to
13 calculate general State aid for the 1997-1998 school year and
14 the district's Extension Limitation Ratio. If the Extension
15 Limitation Equalized Assessed Valuation of the school district
16 as calculated under this paragraph (4) is less than the
17 district's equalized assessed valuation utilized in
18 calculating the district's 1998-1999 general State aid
19 allocation, then for purposes of calculating the district's
20 general State aid pursuant to paragraph (5) of subsection (E),
21 that Extension Limitation Equalized Assessed Valuation shall
22 be utilized to calculate the district's Available Local
23 Resources.
24     (5) For school districts having a majority of their
25 equalized assessed valuation in any county except Cook, DuPage,
26 Kane, Lake, McHenry, or Will, if the amount of general State

 

 

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1 aid allocated to the school district for the 1999-2000 school
2 year under the provisions of subsection (E), (H), and (J) of
3 this Section is less than the amount of general State aid
4 allocated to the district for the 1998-1999 school year under
5 these subsections, then the general State aid of the district
6 for the 1999-2000 school year only shall be increased by the
7 difference between these amounts. The total payments made under
8 this paragraph (5) shall not exceed $14,000,000. Claims shall
9 be prorated if they exceed $14,000,000.
 
10 (H) Supplemental General State Aid.
11     (1) In addition to the general State aid a school district
12 is allotted pursuant to subsection (E), qualifying school
13 districts shall receive a grant, paid in conjunction with a
14 district's payments of general State aid, for supplemental
15 general State aid based upon the concentration level of
16 children from low-income households within the school
17 district. Supplemental State aid grants provided for school
18 districts under this subsection shall be appropriated for
19 distribution to school districts as part of the same line item
20 in which the general State financial aid of school districts is
21 appropriated under this Section. If the appropriation in any
22 fiscal year for general State aid and supplemental general
23 State aid is insufficient to pay the amounts required under the
24 general State aid and supplemental general State aid
25 calculations, then the State Board of Education shall ensure

 

 

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

 

 

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

 

 

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1 of the school district.
2     (2) Supplemental general State aid pursuant to this
3 subsection (H) shall be provided as follows for the 1998-1999,
4 1999-2000, and 2000-2001 school years only:
5         (a) For any school district with a Low Income
6     Concentration Level of at least 20% and less than 35%, the
7     grant for any school year shall be $800 multiplied by the
8     low income eligible pupil count.
9         (b) For any school district with a Low Income
10     Concentration Level of at least 35% and less than 50%, the
11     grant for the 1998-1999 school year shall be $1,100
12     multiplied by the low income eligible pupil count.
13         (c) For any school district with a Low Income
14     Concentration Level of at least 50% and less than 60%, the
15     grant for the 1998-99 school year shall be $1,500
16     multiplied by the low income eligible pupil count.
17         (d) For any school district with a Low Income
18     Concentration Level of 60% or more, the grant for the
19     1998-99 school year shall be $1,900 multiplied by the low
20     income eligible pupil count.
21         (e) For the 1999-2000 school year, the per pupil amount
22     specified in subparagraphs (b), (c), and (d) immediately
23     above shall be increased to $1,243, $1,600, and $2,000,
24     respectively.
25         (f) For the 2000-2001 school year, the per pupil
26     amounts specified in subparagraphs (b), (c), and (d)

 

 

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1     immediately above shall be $1,273, $1,640, and $2,050,
2     respectively.
3     (2.5) Supplemental general State aid pursuant to this
4 subsection (H) shall be provided as follows for the 2002-2003
5 school year:
6         (a) For any school district with a Low Income
7     Concentration Level of less than 10%, the grant for each
8     school year shall be $355 multiplied by the low income
9     eligible pupil count.
10         (b) For any school district with a Low Income
11     Concentration Level of at least 10% and less than 20%, the
12     grant for each school year shall be $675 multiplied by the
13     low income eligible pupil count.
14         (c) For any school district with a Low Income
15     Concentration Level of at least 20% and less than 35%, the
16     grant for each school year shall be $1,330 multiplied by
17     the low income eligible pupil count.
18         (d) For any school district with a Low Income
19     Concentration Level of at least 35% and less than 50%, the
20     grant for each school year shall be $1,362 multiplied by
21     the low income eligible pupil count.
22         (e) For any school district with a Low Income
23     Concentration Level of at least 50% and less than 60%, the
24     grant for each school year shall be $1,680 multiplied by
25     the low income eligible pupil count.
26         (f) For any school district with a Low Income

 

 

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1     Concentration Level of 60% or more, the grant for each
2     school year shall be $2,080 multiplied by the low income
3     eligible pupil count.
4     (2.10) Except as otherwise provided, supplemental general
5 State aid pursuant to this subsection (H) shall be provided as
6 follows for the 2003-2004 school year and each school year
7 thereafter:
8         (a) For any school district with a Low Income
9     Concentration Level of 15% or less, the grant for each
10     school year shall be $355 multiplied by the low income
11     eligible pupil count.
12         (b) For any school district with a Low Income
13     Concentration Level greater than 15%, the grant for each
14     school year shall be $294.25 added to the product of $2,700
15     and the square of the Low Income Concentration Level, all
16     multiplied by the low income eligible pupil count.
17     For the 2003-2004 school year, 2004-2005 school year,
18 2005-2006 school year, and 2006-2007 school year only, the
19 grant shall be no less than the grant for the 2002-2003 school
20 year. For the 2007-2008 school year only, the grant shall be no
21 less than the grant for the 2002-2003 school year multiplied by
22 0.66. For the 2008-2009 school year only, the grant shall be no
23 less than the grant for the 2002-2003 school year multiplied by
24 0.33. Notwithstanding the provisions of this paragraph to the
25 contrary, if for any school year supplemental general State aid
26 grants are prorated as provided in paragraph (1) of this

 

 

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1 subsection (H), then the grants under this paragraph shall be
2 prorated.
3     For the 2003-2004 school year only, the grant shall be no
4 greater than the grant received during the 2002-2003 school
5 year added to the product of 0.25 multiplied by the difference
6 between the grant amount calculated under subsection (a) or (b)
7 of this paragraph (2.10), whichever is applicable, and the
8 grant received during the 2002-2003 school year. For the
9 2004-2005 school year only, the grant shall be no greater than
10 the grant received during the 2002-2003 school year added to
11 the product of 0.50 multiplied by the difference between the
12 grant amount calculated under subsection (a) or (b) of this
13 paragraph (2.10), whichever is applicable, and the grant
14 received during the 2002-2003 school year. For the 2005-2006
15 school year only, the grant shall be no greater than the grant
16 received during the 2002-2003 school year added to the product
17 of 0.75 multiplied by the difference between the grant amount
18 calculated under subsection (a) or (b) of this paragraph
19 (2.10), whichever is applicable, and the grant received during
20 the 2002-2003 school year.
21     (3) School districts with an Average Daily Attendance of
22 more than 1,000 and less than 50,000 that qualify for
23 supplemental general State aid pursuant to this subsection
24 shall submit a plan to the State Board of Education prior to
25 October 30 of each year for the use of the funds resulting from
26 this grant of supplemental general State aid for the

 

 

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1 improvement of instruction in which priority is given to
2 meeting the education needs of disadvantaged children. Such
3 plan shall be submitted in accordance with rules and
4 regulations promulgated by the State Board of Education.
5     (4) School districts with an Average Daily Attendance of
6 50,000 or more that qualify for supplemental general State aid
7 pursuant to this subsection shall be required to distribute
8 from funds available pursuant to this Section, no less than
9 $261,000,000 in accordance with the following requirements:
10         (a) The required amounts shall be distributed to the
11     attendance centers within the district in proportion to the
12     number of pupils enrolled at each attendance center who are
13     eligible to receive free or reduced-price lunches or
14     breakfasts under the federal Child Nutrition Act of 1966
15     and under the National School Lunch Act during the
16     immediately preceding school year.
17         (b) The distribution of these portions of supplemental
18     and general State aid among attendance centers according to
19     these requirements shall not be compensated for or
20     contravened by adjustments of the total of other funds
21     appropriated to any attendance centers, and the Board of
22     Education shall utilize funding from one or several sources
23     in order to fully implement this provision annually prior
24     to the opening of school.
25         (c) Each attendance center shall be provided by the
26     school district a distribution of noncategorical funds and

 

 

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1     other categorical funds to which an attendance center is
2     entitled under law in order that the general State aid and
3     supplemental general State aid provided by application of
4     this subsection supplements rather than supplants the
5     noncategorical funds and other categorical funds provided
6     by the school district to the attendance centers.
7         (d) Any funds made available under this subsection that
8     by reason of the provisions of this subsection are not
9     required to be allocated and provided to attendance centers
10     may be used and appropriated by the board of the district
11     for any lawful school purpose.
12         (e) Funds received by an attendance center pursuant to
13     this subsection shall be used by the attendance center at
14     the discretion of the principal and local school council
15     for programs to improve educational opportunities at
16     qualifying schools through the following programs and
17     services: early childhood education, reduced class size or
18     improved adult to student classroom ratio, enrichment
19     programs, remedial assistance, attendance improvement, and
20     other educationally beneficial expenditures which
21     supplement the regular and basic programs as determined by
22     the State Board of Education. Funds provided shall not be
23     expended for any political or lobbying purposes as defined
24     by board rule.
25         (f) Each district subject to the provisions of this
26     subdivision (H)(4) shall submit an acceptable plan to meet

 

 

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

 

 

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1     such underfunding.
2         For purposes of determining compliance with this
3     subsection in relation to the requirements of attendance
4     center funding, each district subject to the provisions of
5     this subsection shall submit as a separate document by
6     December 1 of each year a report of expenditure data for
7     the prior year in addition to any modification of its
8     current plan. If it is determined that there has been a
9     failure to comply with the expenditure provisions of this
10     subsection regarding contravention or supplanting, the
11     State Superintendent of Education shall, within 60 days of
12     receipt of the report, notify the district and any affected
13     local school council. The district shall within 45 days of
14     receipt of that notification inform the State
15     Superintendent of Education of the remedial or corrective
16     action to be taken, whether by amendment of the current
17     plan, if feasible, or by adjustment in the plan for the
18     following year. Failure to provide the expenditure report
19     or the notification of remedial or corrective action in a
20     timely manner shall result in a withholding of the affected
21     funds.
22         The State Board of Education shall promulgate rules and
23     regulations to implement the provisions of this
24     subsection. No funds shall be released under this
25     subdivision (H)(4) to any district that has not submitted a
26     plan that has been approved by the State Board of

 

 

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1     Education.
 
2 (I) (Blank).
 
3 (J) Supplementary Grants in Aid.
4     (1) Notwithstanding any other provisions of this Section,
5 the amount of the aggregate general State aid in combination
6 with supplemental general State aid under this Section for
7 which each school district is eligible shall be no less than
8 the amount of the aggregate general State aid entitlement that
9 was received by the district under Section 18-8 (exclusive of
10 amounts received under subsections 5(p) and 5(p-5) of that
11 Section) for the 1997-98 school year, pursuant to the
12 provisions of that Section as it was then in effect. If a
13 school district qualifies to receive a supplementary payment
14 made under this subsection (J), the amount of the aggregate
15 general State aid in combination with supplemental general
16 State aid under this Section which that district is eligible to
17 receive for each school year shall be no less than the amount
18 of the aggregate general State aid entitlement that was
19 received by the district under Section 18-8 (exclusive of
20 amounts received under subsections 5(p) and 5(p-5) of that
21 Section) for the 1997-1998 school year, pursuant to the
22 provisions of that Section as it was then in effect.
23     (2) If, as provided in paragraph (1) of this subsection
24 (J), a school district is to receive aggregate general State

 

 

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1 aid in combination with supplemental general State aid under
2 this Section for the 1998-99 school year and any subsequent
3 school year that in any such school year is less than the
4 amount of the aggregate general State aid entitlement that the
5 district received for the 1997-98 school year, the school
6 district shall also receive, from a separate appropriation made
7 for purposes of this subsection (J), a supplementary payment
8 that is equal to the amount of the difference in the aggregate
9 State aid figures as described in paragraph (1).
10     (3) (Blank).
 
11 (K) Grants to Laboratory and Alternative Schools.
12     In calculating the amount to be paid to the governing board
13 of a public university that operates a laboratory school under
14 this Section or to any alternative school that is operated by a
15 regional superintendent of schools, the State Board of
16 Education shall require by rule such reporting requirements as
17 it deems necessary.
18     As used in this Section, "laboratory school" means a public
19 school which is created and operated by a public university and
20 approved by the State Board of Education. The governing board
21 of a public university which receives funds from the State
22 Board under this subsection (K) may not increase the number of
23 students enrolled in its laboratory school from a single
24 district, if that district is already sending 50 or more
25 students, except under a mutual agreement between the school

 

 

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1 board of a student's district of residence and the university
2 which operates the laboratory school. A laboratory school may
3 not have more than 1,000 students, excluding students with
4 disabilities in a special education program.
5     As used in this Section, "alternative school" means a
6 public school which is created and operated by a Regional
7 Superintendent of Schools and approved by the State Board of
8 Education. Such alternative schools may offer courses of
9 instruction for which credit is given in regular school
10 programs, courses to prepare students for the high school
11 equivalency testing program or vocational and occupational
12 training. A regional superintendent of schools may contract
13 with a school district or a public community college district
14 to operate an alternative school. An alternative school serving
15 more than one educational service region may be established by
16 the regional superintendents of schools of the affected
17 educational service regions. An alternative school serving
18 more than one educational service region may be operated under
19 such terms as the regional superintendents of schools of those
20 educational service regions may agree.
21     Each laboratory and alternative school shall file, on forms
22 provided by the State Superintendent of Education, an annual
23 State aid claim which states the Average Daily Attendance of
24 the school's students by month. The best 3 months' Average
25 Daily Attendance shall be computed for each school. The general
26 State aid entitlement shall be computed by multiplying the

 

 

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1 applicable Average Daily Attendance by the Foundation Level as
2 determined under this Section.
 
3 (L) Payments, Additional Grants in Aid and Other Requirements.
4     (1) For a school district operating under the financial
5 supervision of an Authority created under Article 34A, the
6 general State aid otherwise payable to that district under this
7 Section, but not the supplemental general State aid, shall be
8 reduced by an amount equal to the budget for the operations of
9 the Authority as certified by the Authority to the State Board
10 of Education, and an amount equal to such reduction shall be
11 paid to the Authority created for such district for its
12 operating expenses in the manner provided in Section 18-11. The
13 remainder of general State school aid for any such district
14 shall be paid in accordance with Article 34A when that Article
15 provides for a disposition other than that provided by this
16 Article.
17     (2) (Blank).
18     (3) Summer school. Summer school payments shall be made as
19 provided in Section 18-4.3.
 
20 (M) Education Funding Advisory Board.
21     The Education Funding Advisory Board, hereinafter in this
22 subsection (M) referred to as the "Board", is hereby created.
23 The Board shall consist of 5 members who are appointed by the
24 Governor, by and with the advice and consent of the Senate. The

 

 

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1 members appointed shall include representatives of education,
2 business, and the general public. One of the members so
3 appointed shall be designated by the Governor at the time the
4 appointment is made as the chairperson of the Board. The
5 initial members of the Board may be appointed any time after
6 the effective date of this amendatory Act of 1997. The regular
7 term of each member of the Board shall be for 4 years from the
8 third Monday of January of the year in which the term of the
9 member's appointment is to commence, except that of the 5
10 initial members appointed to serve on the Board, the member who
11 is appointed as the chairperson shall serve for a term that
12 commences on the date of his or her appointment and expires on
13 the third Monday of January, 2002, and the remaining 4 members,
14 by lots drawn at the first meeting of the Board that is held
15 after all 5 members are appointed, shall determine 2 of their
16 number to serve for terms that commence on the date of their
17 respective appointments and expire on the third Monday of
18 January, 2001, and 2 of their number to serve for terms that
19 commence on the date of their respective appointments and
20 expire on the third Monday of January, 2000. All members
21 appointed to serve on the Board shall serve until their
22 respective successors are appointed and confirmed. Vacancies
23 shall be filled in the same manner as original appointments. If
24 a vacancy in membership occurs at a time when the Senate is not
25 in session, the Governor shall make a temporary appointment
26 until the next meeting of the Senate, when he or she shall

 

 

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1 appoint, by and with the advice and consent of the Senate, a
2 person to fill that membership for the unexpired term. If the
3 Senate is not in session when the initial appointments are
4 made, those appointments shall be made as in the case of
5 vacancies.
6     The Education Funding Advisory Board shall be deemed
7 established, and the initial members appointed by the Governor
8 to serve as members of the Board shall take office, on the date
9 that the Governor makes his or her appointment of the fifth
10 initial member of the Board, whether those initial members are
11 then serving pursuant to appointment and confirmation or
12 pursuant to temporary appointments that are made by the
13 Governor as in the case of vacancies.
14     The State Board of Education shall provide such staff
15 assistance to the Education Funding Advisory Board as is
16 reasonably required for the proper performance by the Board of
17 its responsibilities.
18     For school years after the 2000-2001 school year, the
19 Education Funding Advisory Board, in consultation with the
20 State Board of Education, shall make recommendations as
21 provided in this subsection (M) to the General Assembly for the
22 foundation level under subdivision (B)(3) of this Section and
23 for the supplemental general State aid grant level under
24 subsection (H) of this Section for districts with high
25 concentrations of children from poverty. The recommended
26 foundation level shall be determined based on a methodology

 

 

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1 which incorporates the basic education expenditures of
2 low-spending schools exhibiting high academic performance. The
3 Education Funding Advisory Board shall make such
4 recommendations to the General Assembly on January 1 of odd
5 numbered years, beginning January 1, 2001.
 
6 (N) (Blank).
 
7 (O) References.
8     (1) References in other laws to the various subdivisions of
9 Section 18-8 as that Section existed before its repeal and
10 replacement by this Section 18-8.05 shall be deemed to refer to
11 the corresponding provisions of this Section 18-8.05, to the
12 extent that those references remain applicable.
13     (2) References in other laws to State Chapter 1 funds shall
14 be deemed to refer to the supplemental general State aid
15 provided under subsection (H) of this Section.
 
16 (P) Public Act 93-838 and Public Act 93-808 make inconsistent
17 changes to this Section. Under Section 6 of the Statute on
18 Statutes there is an irreconcilable conflict between Public Act
19 93-808 and Public Act 93-838. Public Act 93-838, being the last
20 acted upon, is controlling. The text of Public Act 93-838 is
21 the law regardless of the text of Public Act 93-808.
22 (Source: P.A. 93-21, eff. 7-1-03; 93-715, eff. 7-12-04; 93-808,
23 eff. 7-26-04; 93-838, eff. 7-30-04; 93-875, eff. 8-6-04; 94-69,

 

 

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1 eff. 7-1-05; 94-438, eff. 8-4-05; 94-835, eff. 6-6-06; 94-1019,
2 eff. 7-10-06; revised 8-3-06.)
 
3     (105 ILCS 5/29-3)  (from Ch. 122, par. 29-3)
4     Sec. 29-3. Transportation in school districts. School
5 boards of community consolidated districts, community unit
6 districts, consolidated districts, and consolidated high
7 school districts, optional elementary unit districts, combined
8 high school - unit districts, and combined school districts if
9 the combined district includes any district which was
10 previously required to provide transportation, and any newly
11 created elementary or high school districts resulting from a
12 high school - unit conversion, a unit to dual conversion, or a
13 multi-unit conversion if the newly created district includes
14 any area that was previously required to provide transportation
15 shall provide free transportation for pupils residing at a
16 distance of one and one-half miles or more from any school to
17 which they are assigned for attendance maintained within the
18 district, except for those pupils for whom the school board
19 shall certify to the State Board of Education that adequate
20 transportation for the public is available.
21     For the purpose of this Act 1 1/2 miles distance shall be
22 from the exit of the property where the pupil resides to the
23 point where pupils are normally unloaded at the school
24 attended; such distance shall be measured by determining the
25 shortest distance on normally traveled roads or streets.

 

 

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1     Such school board may comply with the provisions of this
2 Section by providing free transportation for pupils to and from
3 an assigned school and a pick-up point located not more than
4 one and one-half miles from the home of each pupil assigned to
5 such point.
6     For the purposes of this Act "adequate transportation for
7 the public" shall be assumed to exist for such pupils as can
8 reach school by walking, one way, along normally traveled roads
9 or streets less than 1 1/2 miles irrespective of the distance
10 the pupil is transported by public transportation.
11     In addition to the other requirements of this Section, each
12 school board may provide free transportation for any pupil
13 residing within 1 1/2 miles from the school attended where
14 conditions are such that walking, either to or from the school
15 to which a pupil is assigned for attendance or to or from a
16 pick-up point or bus stop, constitutes a serious hazard to the
17 safety of the pupil due to vehicular traffic or rail crossings.
18 Such transportation shall not be provided if adequate
19 transportation for the public is available.
20     The determination as to what constitutes a serious safety
21 hazard shall be made by the school board, in accordance with
22 guidelines promulgated by the Illinois Department of
23 Transportation, in consultation with the State Superintendent
24 of Education. A school board, on written petition of the parent
25 or guardian of a pupil for whom adequate transportation for the
26 public is alleged not to exist because the pupil is required to

 

 

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1 walk along normally traveled roads or streets where walking is
2 alleged to constitute a serious safety hazard due to vehicular
3 traffic or rail crossings, or who is required to walk between
4 the pupil's home and assigned school or between the pupil's
5 home or assigned school and a pick-up point or bus stop along
6 roads or streets where walking is alleged to constitute a
7 serious safety hazard due to vehicular traffic or rail
8 crossings, shall conduct a study and make findings, which the
9 Department of Transportation shall review and approve or
10 disapprove as provided in this Section, to determine whether a
11 serious safety hazard exists as alleged in the petition. The
12 Department of Transportation shall review the findings of the
13 school board and shall approve or disapprove the school board's
14 determination that a serious safety hazard exists within 30
15 days after the school board submits its findings to the
16 Department. The school board shall annually review the
17 conditions and determine whether or not the hazardous
18 conditions remain unchanged. The State Superintendent of
19 Education may request that the Illinois Department of
20 Transportation verify that the conditions have not changed. No
21 action shall lie against the school board, the State
22 Superintendent of Education or the Illinois Department of
23 Transportation for decisions made in accordance with this
24 Section. The provisions of the Administrative Review Law and
25 all amendments and modifications thereof and the rules adopted
26 pursuant thereto shall apply to and govern all proceedings

 

 

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1 instituted for the judicial review of final administrative
2 decisions of the Department of Transportation under this
3 Section.
4 (Source: P.A. 94-439, eff. 8-4-05.)
 
5     (105 ILCS 5/29-5)  (from Ch. 122, par. 29-5)
6     Sec. 29-5. Reimbursement by State for transportation. Any
7 school district, maintaining a school, transporting resident
8 pupils to another school district's vocational program,
9 offered through a joint agreement approved by the State Board
10 of Education, as provided in Section 10-22.22 or transporting
11 its resident pupils to a school which meets the standards for
12 recognition as established by the State Board of Education
13 which provides transportation meeting the standards of safety,
14 comfort, convenience, efficiency and operation prescribed by
15 the State Board of Education for resident pupils in
16 kindergarten or any of grades 1 through 12 who: (a) reside at
17 least 1 1/2 miles as measured by the customary route of travel,
18 from the school attended; or (b) reside in areas where
19 conditions are such that walking constitutes a hazard to the
20 safety of the child when determined under Section 29-3; and (c)
21 are transported to the school attended from pick-up points at
22 the beginning of the school day and back again at the close of
23 the school day or transported to and from their assigned
24 attendance centers during the school day, shall be reimbursed
25 by the State as hereinafter provided in this Section.

 

 

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1     The State will pay the cost of transporting eligible pupils
2 less the assessed valuation in a dual school district
3 maintaining secondary grades 9 to 12 inclusive times a
4 qualifying rate of .05%; in elementary school districts
5 maintaining grades K to 8 times a qualifying rate of .06%; and
6 in unit districts maintaining grades K to 12, including
7 optional elementary unit districts and combined high school -
8 unit districts, times a qualifying rate of .07%; provided that
9 for optional elementary unit districts and combined high school -
10 unit districts, assessed valuation for high school purposes,
11 as defined in Article 11E of this Code, must be used. To be
12 eligible to receive reimbursement in excess of 4/5 of the cost
13 to transport eligible pupils, a school district shall have a
14 Transportation Fund tax rate of at least .12%. If a school
15 district does not have a .12% Transportation Fund tax rate, the
16 amount of its claim in excess of 4/5 of the cost of
17 transporting pupils shall be reduced by the sum arrived at by
18 subtracting the Transportation Fund tax rate from .12% and
19 multiplying that amount by the districts equalized or assessed
20 valuation, provided, that in no case shall said reduction
21 result in reimbursement of less than 4/5 of the cost to
22 transport eligible pupils.
23     The minimum amount to be received by a district is $16
24 times the number of eligible pupils transported.
25     Any such district transporting resident pupils during the
26 school day to an area vocational school or another school

 

 

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1 district's vocational program more than 1 1/2 miles from the
2 school attended, as provided in Sections 10-22.20a and
3 10-22.22, shall be reimbursed by the State for 4/5 of the cost
4 of transporting eligible pupils.
5     School day means that period of time which the pupil is
6 required to be in attendance for instructional purposes.
7     If a pupil is at a location within the school district
8 other than his residence for child care purposes at the time
9 for transportation to school, that location may be considered
10 for purposes of determining the 1 1/2 miles from the school
11 attended.
12     Claims for reimbursement that include children who attend
13 any school other than a public school shall show the number of
14 such children transported.
15     Claims for reimbursement under this Section shall not be
16 paid for the transportation of pupils for whom transportation
17 costs are claimed for payment under other Sections of this Act.
18     The allowable direct cost of transporting pupils for
19 regular, vocational, and special education pupil
20 transportation shall be limited to the sum of the cost of
21 physical examinations required for employment as a school bus
22 driver; the salaries of full or part-time drivers and school
23 bus maintenance personnel; employee benefits excluding
24 Illinois municipal retirement payments, social security
25 payments, unemployment insurance payments and workers'
26 compensation insurance premiums; expenditures to independent

 

 

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1 carriers who operate school buses; payments to other school
2 districts for pupil transportation services; pre-approved
3 contractual expenditures for computerized bus scheduling; the
4 cost of gasoline, oil, tires, and other supplies necessary for
5 the operation of school buses; the cost of converting buses'
6 gasoline engines to more fuel efficient engines or to engines
7 which use alternative energy sources; the cost of travel to
8 meetings and workshops conducted by the regional
9 superintendent or the State Superintendent of Education
10 pursuant to the standards established by the Secretary of State
11 under Section 6-106 of the Illinois Vehicle Code to improve the
12 driving skills of school bus drivers; the cost of maintenance
13 of school buses including parts and materials used;
14 expenditures for leasing transportation vehicles, except
15 interest and service charges; the cost of insurance and
16 licenses for transportation vehicles; expenditures for the
17 rental of transportation equipment; plus a depreciation
18 allowance of 20% for 5 years for school buses and vehicles
19 approved for transporting pupils to and from school and a
20 depreciation allowance of 10% for 10 years for other
21 transportation equipment so used. Each school year, if a school
22 district has made expenditures to the Regional Transportation
23 Authority or any of its service boards, a mass transit
24 district, or an urban transportation district under an
25 intergovernmental agreement with the district to provide for
26 the transportation of pupils and if the public transit carrier

 

 

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1 received direct payment for services or passes from a school
2 district within its service area during the 2000-2001 school
3 year, then the allowable direct cost of transporting pupils for
4 regular, vocational, and special education pupil
5 transportation shall also include the expenditures that the
6 district has made to the public transit carrier. In addition to
7 the above allowable costs school districts shall also claim all
8 transportation supervisory salary costs, including Illinois
9 municipal retirement payments, and all transportation related
10 building and building maintenance costs without limitation.
11     Special education allowable costs shall also include
12 expenditures for the salaries of attendants or aides for that
13 portion of the time they assist special education pupils while
14 in transit and expenditures for parents and public carriers for
15 transporting special education pupils when pre-approved by the
16 State Superintendent of Education.
17     Indirect costs shall be included in the reimbursement claim
18 for districts which own and operate their own school buses.
19 Such indirect costs shall include administrative costs, or any
20 costs attributable to transporting pupils from their
21 attendance centers to another school building for
22 instructional purposes. No school district which owns and
23 operates its own school buses may claim reimbursement for
24 indirect costs which exceed 5% of the total allowable direct
25 costs for pupil transportation.
26     The State Board of Education shall prescribe uniform

 

 

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1 regulations for determining the above standards and shall
2 prescribe forms of cost accounting and standards of determining
3 reasonable depreciation. Such depreciation shall include the
4 cost of equipping school buses with the safety features
5 required by law or by the rules, regulations and standards
6 promulgated by the State Board of Education, and the Department
7 of Transportation for the safety and construction of school
8 buses provided, however, any equipment cost reimbursed by the
9 Department of Transportation for equipping school buses with
10 such safety equipment shall be deducted from the allowable cost
11 in the computation of reimbursement under this Section in the
12 same percentage as the cost of the equipment is depreciated.
13     On or before August 15, annually, the chief school
14 administrator for the district shall certify to the State
15 Superintendent of Education the district's claim for
16 reimbursement for the school year ending on June 30 next
17 preceding. The State Superintendent of Education shall check
18 and approve the claims and prepare the vouchers showing the
19 amounts due for district reimbursement claims. Each fiscal
20 year, the State Superintendent of Education shall prepare and
21 transmit the first 3 vouchers to the Comptroller on the 30th
22 day of September, December and March, respectively, and the
23 final voucher, no later than June 20.
24     If the amount appropriated for transportation
25 reimbursement is insufficient to fund total claims for any
26 fiscal year, the State Board of Education shall reduce each

 

 

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1 school district's allowable costs and flat grant amount
2 proportionately to make total adjusted claims equal the total
3 amount appropriated.
4     For purposes of calculating claims for reimbursement under
5 this Section for any school year beginning July 1, 1998, or
6 thereafter, the equalized assessed valuation for a school
7 district used to compute reimbursement shall be computed in the
8 same manner as it is computed under paragraph (2) of subsection
9 (G) of Section 18-8.05.
10     All reimbursements received from the State shall be
11 deposited into the district's transportation fund or into the
12 fund from which the allowable expenditures were made.
13     Notwithstanding any other provision of law, any school
14 district receiving a payment under this Section or under
15 Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may
16 classify all or a portion of the funds that it receives in a
17 particular fiscal year or from general State aid pursuant to
18 Section 18-8.05 of this Code as funds received in connection
19 with any funding program for which it is entitled to receive
20 funds from the State in that fiscal year (including, without
21 limitation, any funding program referenced in this Section),
22 regardless of the source or timing of the receipt. The district
23 may not classify more funds as funds received in connection
24 with the funding program than the district is entitled to
25 receive in that fiscal year for that program. Any
26 classification by a district must be made by a resolution of

 

 

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1 its board of education. The resolution must identify the amount
2 of any payments or general State aid to be classified under
3 this paragraph and must specify the funding program to which
4 the funds are to be treated as received in connection
5 therewith. This resolution is controlling as to the
6 classification of funds referenced therein. A certified copy of
7 the resolution must be sent to the State Superintendent of
8 Education. The resolution shall still take effect even though a
9 copy of the resolution has not been sent to the State
10 Superintendent of Education in a timely manner. No
11 classification under this paragraph by a district shall affect
12 the total amount or timing of money the district is entitled to
13 receive under this Code. No classification under this paragraph
14 by a district shall in any way relieve the district from or
15 affect any requirements that otherwise would apply with respect
16 to that funding program, including any accounting of funds by
17 source, reporting expenditures by original source and purpose,
18 reporting requirements, or requirements of providing services.
19     Any school district with a population of not more than
20 500,000 must deposit all funds received under this Article into
21 the transportation fund and use those funds for the provision
22 of transportation services.
23 (Source: P.A. 93-166, eff. 7-10-03; 93-663, eff. 2-17-04;
24 93-1022, eff. 8-24-04; 94-875, eff. 7-1-06.)
 
25     Section 99. Effective date. This Act takes effect July 1,
26 2007.