Full Text of HB2017 95th General Assembly
HB2017eng 95TH GENERAL ASSEMBLY
|
|
|
HB2017 Engrossed |
|
LRB095 09462 NHT 29660 b |
|
| 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; |
|
|
|
HB2017 Engrossed |
- 2 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 3 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 4 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 5 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 6 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 7 - |
LRB095 09462 NHT 29660 b |
|
| 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.) |
|
|
|
HB2017 Engrossed |
- 8 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 9 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 10 - |
LRB095 09462 NHT 29660 b |
|
| 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: |
|
|
|
HB2017 Engrossed |
- 11 - |
LRB095 09462 NHT 29660 b |
|
| 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.) |
|
|
|
HB2017 Engrossed |
- 12 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 13 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 14 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 15 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 16 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 17 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 18 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 19 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 20 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 21 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 22 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 23 - |
LRB095 09462 NHT 29660 b |
|
| 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, |
|
|
|
HB2017 Engrossed |
- 24 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 25 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 26 - |
LRB095 09462 NHT 29660 b |
|
| 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. |
|
|
|
HB2017 Engrossed |
- 27 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 28 - |
LRB095 09462 NHT 29660 b |
|
| 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 Engrossed |
- 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 Engrossed |
- 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 Engrossed |
- 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 Engrossed |
- 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 |
|
|
|
HB2017 Engrossed |
- 33 - |
LRB095 09462 NHT 29660 b |
|
| 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 Engrossed |
- 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 Engrossed |
- 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 Engrossed |
- 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 Engrossed |
- 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 Engrossed |
- 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: |
|
15 | | Reorganized District's Rank |
Reorganized District's Rank |
|
16 | | by type of district (unit, |
in Average Daily Attendance |
|
17 | | high school, elementary) |
By Quintile |
|
18 | | in Equalized Assessed Value |
|
|
|
|
19 | | Per Pupil by Quintile |
|
|
|
|
20 | | |
|
|
3rd, 4th, |
|
21 | | |
1st |
2nd |
or 5th |
|
22 | | |
Quintile |
Quintile |
Quintile |
|
23 | | 1st Quintile |
1 year |
1 year |
1 year |
|
24 | | 2nd Quintile |
1 year |
2 years |
2 years |
|
25 | | 3rd Quintile |
2 years |
3 years |
3 years |
|
|
|
|
|
HB2017 Engrossed |
- 39 - |
LRB095 09462 NHT 29660 b |
|
| 1 | | 4th Quintile |
2 years |
3 years |
3 years |
|
2 | | 5th Quintile |
2 years |
3 years |
3 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 |
|
|
|
HB2017 Engrossed |
- 40 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 41 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 42 - |
LRB095 09462 NHT 29660 b |
|
| 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. |
|
|
|
HB2017 Engrossed |
- 43 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 44 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 45 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 46 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 47 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 48 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 49 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 50 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 51 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 52 - |
LRB095 09462 NHT 29660 b |
|
| 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.
|
|
|
|
HB2017 Engrossed |
- 53 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 54 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 55 - |
LRB095 09462 NHT 29660 b |
|
| 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, |
|
|
|
HB2017 Engrossed |
- 56 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 57 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 58 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 59 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 60 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 61 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 62 - |
LRB095 09462 NHT 29660 b |
|
| 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.
|
|
|
|
HB2017 Engrossed |
- 63 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 64 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 65 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 66 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 67 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 68 - |
LRB095 09462 NHT 29660 b |
|
| 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) |
|
|
|
HB2017 Engrossed |
- 69 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 70 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 71 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 72 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 73 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 74 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 75 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 76 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 77 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 78 - |
LRB095 09462 NHT 29660 b |
|
| 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
|
|
|
|
HB2017 Engrossed |
- 79 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 80 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 81 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 82 - |
LRB095 09462 NHT 29660 b |
|
| 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, |
|
|
|
HB2017 Engrossed |
- 83 - |
LRB095 09462 NHT 29660 b |
|
| 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.
|
|
|
|
HB2017 Engrossed |
- 84 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 85 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 86 - |
LRB095 09462 NHT 29660 b |
|
| 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.
|
|
|
|
HB2017 Engrossed |
- 87 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 88 - |
LRB095 09462 NHT 29660 b |
|
| 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
|
|
|
|
HB2017 Engrossed |
- 89 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 90 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 91 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 92 - |
LRB095 09462 NHT 29660 b |
|
| 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 |
|
|
|
HB2017 Engrossed |
- 93 - |
LRB095 09462 NHT 29660 b |
|
| 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.
|
|