State of Illinois
90th General Assembly
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90_HB1394

      105 ILCS 5/18-8           from Ch. 122, par. 18-8
          Amends the School Code.  Adjusts the  equalized  assessed
      value  used to compute general State aid for school districts
      subject  to  the  Property  Tax  Extension  Limitation   Act.
      Provides that the district's EAV for State aid purposes shall
      be  its EAV for the year prior to the first year in which the
      Property Tax Limitation Law is implemented in  the  district,
      increased for each year thereafter by the lesser of 5% or the
      percentage  increase  in  the  Consumer Price Index, plus the
      assessed value attributable to the district's  new  property,
      plus  the equalized assessed value of property annexed to the
      district, minus the result obtained by dividing the aggregate
      amount  of  the  abatements  in  district  taxes  made  under
      specified Sections of the Property Tax Code by the district's
      maximum operating tax rate.  Effective immediately.
                                                     LRB9003887THpk
                                               LRB9003887THpk
 1        AN ACT to amend the School Code by changing Section 18-8.
 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
 5    Section 18-8 as follows:
 6        (105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
 7        Sec.  18-8.  Basis  for   apportionment   to   districts,
 8    laboratory schools and alternative schools.
 9        A.  The amounts to be apportioned shall be determined for
10    each  educational  service  region  by  school  districts, as
11    follows:
12        1.  General Provisions.
13        (a)  In the computation of the amounts to be apportioned,
14    the average daily  attendance  of  all  pupils  in  grades  9
15    through  12  shall  be multiplied by 1.25.  The average daily
16    attendance  of  all  pupils  in  grades  7  and  8  shall  be
17    multiplied by 1.05.
18        (b)  The  actual  number  of  pupils  in  average   daily
19    attendance shall be computed in a one-teacher school district
20    by  dividing  the total aggregate days of pupil attendance by
21    the actual number of days school is in session but  not  more
22    than  30  such  pupils  shall  be accredited for such type of
23    district; and in districts of  2  or  more  teachers,  or  in
24    districts  where  records  of  attendance are kept by session
25    teachers, by taking the sum of the respective averages of the
26    units composing the group.
27        (c)  Pupils in average daily attendance shall be computed
28    upon the average of the best 3 months of pupils attendance of
29    the current school year except  as  district  claims  may  be
30    later  amended  as  provided  hereinafter  in  this  Section.
31    However,   for   any   school   district  maintaining  grades
                            -2-                LRB9003887THpk
 1    kindergarten through 12, the "average daily attendance" shall
 2    be computed on the average of the best  3  months  of  pupils
 3    attendance of the current year in grades kindergarten through
 4    8,  added  together  with the average of the best 3 months of
 5    pupils attendance of the current year in grades 9 through 12,
 6    except as district claims may be later amended as provided in
 7    this Section.  Days of attendance shall be  kept  by  regular
 8    calendar  months,  except  any  days  of attendance in August
 9    shall be added to the month of  September  and  any  days  of
10    attendance  in  June  shall  be  added  to  the month of May.
11    Except  as  otherwise  provided  in  this  Section,  days  of
12    attendance by pupils shall be counted only  for  sessions  of
13    not  less  than  5  clock  hours of school work per day under
14    direct supervision of: (i)  teachers,  or  (ii)  non-teaching
15    personnel   or   volunteer   personnel   when   engaging   in
16    non-teaching   duties  and  supervising  in  those  instances
17    specified in subsection (a) of Section 10-22.34 and paragraph
18    10 of Section 34-18, with pupils of legal school age  and  in
19    kindergarten and grades 1 through 12.
20        (d)  Pupils  regularly  enrolled  in  a public school for
21    only a part of the school day may be counted on the basis  of
22    1/6  day for every class hour of instruction of 40 minutes or
23    more attended pursuant to such enrollment.
24        (e)  Days of attendance may be less than 5 clock hours on
25    the opening and closing of the  school  term,  and  upon  the
26    first  day  of pupil attendance, if preceded by a day or days
27    utilized as an institute or teachers' workshop.
28        (f)  A session of 4 or more clock hours may be counted as
29    a day  of  attendance  upon  certification  by  the  regional
30    superintendent,  and  approved by the State Superintendent of
31    Education to the extent that the district has been forced  to
32    use daily multiple sessions.
33        (g)  A session of 3 or more clock hours may be counted as
34    a  day of attendance (1) when the remainder of the school day
                            -3-                LRB9003887THpk
 1    or at least 2 hours in the evening of that  day  is  utilized
 2    for  an  in-service  training  program  for teachers, up to a
 3    maximum of 5 days per school year of which  a  maximum  of  4
 4    days   of   such  5  days  may  be  used  for  parent-teacher
 5    conferences,  provided  a  district  conducts  an  in-service
 6    training program for teachers which has been approved by  the
 7    State  Superintendent  of  Education;  or,  in lieu of 4 such
 8    days, 2 full days may be used, in which event each  such  day
 9    may  be  counted as a day of attendance; and (2) when days in
10    addition to those provided in item (1)  are  scheduled  by  a
11    school  pursuant to its school improvement plan adopted under
12    Article 34 or its revised or amended school improvement  plan
13    adopted under Article 2, provided that (i) such sessions of 3
14    or  more  clock  hours  are  scheduled  to  occur  at regular
15    intervals, (ii) the remainder of the  school  days  in  which
16    such  sessions  occur  are  utilized  for in-service training
17    programs or other staff development activities for  teachers,
18    and (iii) a sufficient number of minutes of school work under
19    the  direct  supervision  of teachers are added to the school
20    days between such regularly scheduled sessions to  accumulate
21    not less than the number of minutes by which such sessions of
22    3  or  more clock hours fall short of 5 clock hours. Any full
23    days used for the purposes of this  paragraph  shall  not  be
24    considered  for  computing  average  daily  attendance.  Days
25    scheduled for in-service training programs, staff development
26    activities, or parent-teacher conferences  may  be  scheduled
27    separately   for   different   grade   levels  and  different
28    attendance centers of the district.
29        (h)  A session of not less than one clock  hour  teaching
30    of  hospitalized  or homebound pupils on-site or by telephone
31    to the classroom may be counted as  1/2  day  of  attendance,
32    however  these  pupils  must receive 4 or more clock hours of
33    instruction to be counted for a full day of attendance.
34        (i)  A session of at least 4 clock hours may  be  counted
                            -4-                LRB9003887THpk
 1    as  a day of attendance for first grade pupils, and pupils in
 2    full day kindergartens, and a session of 2 or more hours  may
 3    be   counted   as   1/2   day  of  attendance  by  pupils  in
 4    kindergartens which provide only 1/2 day of attendance.
 5        (j)  For children with disabilities who are below the age
 6    of 6 years and who cannot attend  two  or  more  clock  hours
 7    because  of  their disability or immaturity, a session of not
 8    less than one clock  hour  may  be  counted  as  1/2  day  of
 9    attendance; however for such children whose educational needs
10    so  require a session of 4 or more clock hours may be counted
11    as a full day of attendance.
12        (k)  A recognized kindergarten which  provides  for  only
13    1/2  day of attendance by each pupil shall not have more than
14    1/2 day  of  attendance  counted  in  any  1  day.   However,
15    kindergartens  may  count  2  1/2 days of attendance in any 5
16    consecutive school  days.   Where  a  pupil  attends  such  a
17    kindergarten  for  2  half  days  on any one school day, such
18    pupil shall have the following  day  as  a  day  absent  from
19    school,  unless  the  school  district  obtains permission in
20    writing  from  the   State   Superintendent   of   Education.
21    Attendance  at  kindergartens which provide for a full day of
22    attendance by  each  pupil  shall  be  counted  the  same  as
23    attendance  by  first  grade  pupils.  Only the first year of
24    attendance in one kindergarten shall  be  counted  except  in
25    case  of children who entered the kindergarten in their fifth
26    year whose educational development requires a second year  of
27    kindergarten as determined under the rules and regulations of
28    the State Board of Education.
29        (l)  Days  of  attendance  by  tuition  pupils  shall  be
30    accredited  only  to  the districts that pay the tuition to a
31    recognized school.
32        (m)  The greater  of  the  immediately  preceding  year's
33    weighted  average  daily  attendance  or  the  average of the
34    weighted  average  daily  attendance   of   the   immediately
                            -5-                LRB9003887THpk
 1    preceding year and the previous 2 years shall be used.
 2        For any school year beginning July 1, 1986 or thereafter,
 3    if  the  weighted  average  daily attendance in either grades
 4    kindergarten through 8 or grades 9 through 12 of  a  district
 5    as  computed  for  the  first  calendar  month of the current
 6    school year exceeds by more than 5%, but  not  less  than  25
 7    pupils,  the district's weighted average daily attendance for
 8    the first calendar month of the  immediately  preceding  year
 9    in,  respectively,  grades kindergarten through 8 or grades 9
10    through 12, a supplementary payment  shall  be  made  to  the
11    district  equal  to  the  difference in the amount of aid the
12    district would be paid under this Section using the  weighted
13    average  daily attendance in the district as computed for the
14    first calendar month of  the  current  school  year  and  the
15    amount  of  aid the district would be paid using the weighted
16    average daily  attendance  in  the  district  for  the  first
17    calendar  month  of  the  immediately  preceding  year.  Such
18    supplementary State aid payment shall be paid to the district
19    as provided  in  Section  18-8.4  and  shall  be  treated  as
20    separate  from  all  other  payments  made  pursuant  to this
21    Section 18-8.
22        (n)  The number  of  low  income  eligible  pupils  in  a
23    district  shall result in an increase in the weighted average
24    daily attendance calculated as follows:  The  number  of  low
25    income pupils shall increase the weighted ADA by .53 for each
26    student  adjusted  by  dividing  the  percent  of  low income
27    eligible pupils in the district by the ratio of eligible  low
28    income  pupils  in  the  State to the best 3 months' weighted
29    average daily attendance in the State.  In no  case  may  the
30    adjustment under this paragraph result in a greater weighting
31    than  .625  for each eligible low income student.  The number
32    of low income eligible pupils in  a  district  shall  be  the
33    low-income  eligible  count  from the most recently available
34    federal census and  the  weighted  average  daily  attendance
                            -6-                LRB9003887THpk
 1    shall  be  calculated in accordance with the other provisions
 2    of this paragraph.
 3        (o)  Any school district which fails for any given school
 4    year to maintain school as required by law, or to maintain  a
 5    recognized  school  is  not  eligible to file for such school
 6    year any claim upon the  common  school  fund.   In  case  of
 7    nonrecognition  of one or more attendance centers in a school
 8    district otherwise operating recognized schools, the claim of
 9    the district shall be reduced in  the  proportion  which  the
10    average  daily attendance in the attendance center or centers
11    bear to the average daily attendance in the school  district.
12    A "recognized school" means any public school which meets the
13    standards  as  established for recognition by the State Board
14    of Education.  A school district  or  attendance  center  not
15    having  recognition  status  at  the  end of a school term is
16    entitled to receive State aid payments due upon a legal claim
17    which was filed while it was recognized.
18        (p)  School district claims filed under this Section  are
19    subject  to  Sections 18-9, 18-10 and 18-12, except as herein
20    otherwise provided.
21        (q)  The State Board of Education shall secure  from  the
22    Department  of  Revenue the value as equalized or assessed by
23    the Department of Revenue of all taxable  property  of  every
24    school district together with the applicable tax rate used in
25    extending taxes for the funds of the district as of September
26    30 of the previous year.  The Department of Revenue shall add
27    to  the  equalized  assessed value of all taxable property of
28    each school district situated entirely or partially within  a
29    county  with 2,000,000 or more inhabitants an amount equal to
30    the total amount by which the  homestead  exemptions  allowed
31    under Sections 15-170 and 15-175 of the Property Tax Code for
32    real  property  situated  in that school district exceeds the
33    total amount that would have  been  allowed  in  that  school
34    district  as homestead exemptions under those Sections if the
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 1    maximum reduction under Section 15-170 of  the  Property  Tax
 2    Code  was  $2,000  and  the  maximum  reduction under Section
 3    15-175 of the Property Tax Code was $3,500.  The county clerk
 4    of any  county  with  2,000,000  or  more  inhabitants  shall
 5    annually  calculate  and  certify  to the Department for each
 6    school district all homestead exemption amounts  required  by
 7    this amendatory Act of 1992.  In a new district which has not
 8    had  any  tax  rates yet determined for extension of taxes, a
 9    leveled uniform rate shall be computed from the latest amount
10    of the fund taxes extended on the several areas  within  such
11    new district.
12        (r)  If  a  school  district  operates a full year school
13    under Section 10-19.1, the general state aid  to  the  school
14    district  shall be determined by the State Board of Education
15    in accordance with this Section as near as may be applicable.
16        2.  New  or  recomputed  claim.  The  general  State  aid
17    entitlement for a newly created school district or a district
18    which has annexed an entire school district shall be computed
19    using  attendance,  compensatory  pupil   counts,   equalized
20    assessed  valuation,  and tax rate data which would have been
21    used had the district been in existence for 3 years.  General
22    State  aid  entitlements  shall  not  be recomputed except as
23    permitted herein.
24        3.  Impaction.   Impaction  payments  shall  be  made  as
25    provided for in Section 18-4.2.
26        4.  Summer school.  Summer school payments shall be  made
27    as provided in Section 18-4.3.
28        5.  Computation  of  State aid.  The State grant shall be
29    determined as follows:
30        (a)  The State shall guarantee the amount of money that a
31    district's operating tax rate as limited in other Sections of
32    this Act would produce if every district  maintaining  grades
33    kindergarten  through  12 had an equalized assessed valuation
34    equal to $74,791  per  weighted  ADA  pupil;  every  district
                            -8-                LRB9003887THpk
 1    maintaining  grades  kindergarten  through 8 had an equalized
 2    assessed valuation of $108,644 per weighted  ADA  pupil;  and
 3    every  district  maintaining  grades  9  through  12  had  an
 4    equalized  assessed  valuation  of  $187,657 per weighted ADA
 5    pupil.  The  State  Board  of  Education  shall  adjust   the
 6    equalized   assessed   valuation   amounts   stated  in  this
 7    paragraph, if necessary, to conform  to  the  amount  of  the
 8    appropriation approved for any fiscal year.
 9        (b)  The  operating  tax rate to be used shall consist of
10    all district taxes extended for all purposes except community
11    college educational purposes for the payment of tuition under
12    Section 6-1 of the Public Community  College  Act,  Bond  and
13    Interest,   Summer  School,  Rent,  Capital  Improvement  and
14    Vocational Education Building.  Any  district  may  elect  to
15    exclude  Transportation from the calculation of its operating
16    tax rate.  Districts  may  include  taxes  extended  for  the
17    payment  of  principal and interest on bonds issued under the
18    provisions of Sections 17-2.11a and 20-2 at a  rate  of  .05%
19    per  year  for  each  purpose  or  the  actual rate extended,
20    whichever is less.
21        (c)  For calculation of aid under  this  Act  a  district
22    shall  use the combined authorized tax rates of all funds not
23    exempt in (b) above, not to exceed 2.76% of the value of  all
24    its   taxable  property  as  equalized  or  assessed  by  the
25    Department  of  Revenue  for  districts  maintaining   grades
26    kindergarten  through  12;  1.90%  of  the  value  of all its
27    taxable property as equalized or assessed by  the  Department
28    of  Revenue  for  districts  maintaining  grades kindergarten
29    through 8 only;  1.10%  of  the  value  of  all  its  taxable
30    property  as  equalized  or  assessed  by  the  Department of
31    Revenue for districts maintaining grades 9 through  12  only.
32    A  district may, however, as provided in Article 17, increase
33    its operating tax rate above the  maximum  rate  provided  in
34    this  subsection without affecting the amount of State aid to
                            -9-                LRB9003887THpk
 1    which it is entitled under this Act.
 2        (d) (1)  For districts  maintaining  grades  kindergarten
 3    through  12  with  an  operating  tax  rate  as  described in
 4    subsections 5(b) and (c) of less than  2.18%,  and  districts
 5    maintaining  grades  kindergarten through 8 with an operating
 6    tax rate of less than 1.28%, State aid shall be  computed  by
 7    multiplying  the  difference between the guaranteed equalized
 8    assessed valuation per weighted ADA pupil in subsection  5(a)
 9    and  the  equalized assessed valuation per weighted ADA pupil
10    in the district by the operating tax rate, multiplied by  the
11    weighted  average daily attendance of the district; provided,
12    however, that for the 1989-1990 school year  only,  a  school
13    district  maintaining  grades  kindergarten  through  8 whose
14    operating tax rate with reference to which its general  State
15    aid  for the 1989-1990 school year is determined is less than
16    1.28% and more than 1.090%, and which had  an  operating  tax
17    rate  of  1.28% or more for the previous year, shall have its
18    general State aid computed according  to  the  provisions  of
19    subsection 5(d)(2).
20        (2)  For   districts   maintaining   grades  kindergarten
21    through 12  with  an  operating  tax  rate  as  described  in
22    subsection  5(b)  and  (c)  of 2.18% and above, the State aid
23    shall be computed as provided in subsection (d)  (1)  but  as
24    though  the  district  had an operating tax rate of 2.76%; in
25    K-8 districts with an operating tax rate of 1.28% and  above,
26    the State aid shall be computed as provided in subsection (d)
27    (1)  but  as though the district had an operating tax rate of
28    1.90%; and in 9-12 districts, the State aid shall be computed
29    by  multiplying  the  difference   between   the   guaranteed
30    equalized  assessed  valuation  per  weighted  average  daily
31    attendance   pupil  in  subsection  5(a)  and  the  equalized
32    assessed valuation  per  weighted  average  daily  attendance
33    pupil  in  the  district  by  the  operating tax rate, not to
34    exceed  1.10%,  multiplied  by  the  weighted  average  daily
                            -10-               LRB9003887THpk
 1    attendance of the district.  State  aid  computed  under  the
 2    provisions  of  this  subsection  (d) (2) shall be treated as
 3    separate from  all  other  payments  made  pursuant  to  this
 4    Section.   The  State  Comptroller  and State Treasurer shall
 5    transfer from the General Revenue Fund to the  Common  School
 6    Fund  the amounts necessary to permit these claims to be paid
 7    in equal installments along with  other  State  aid  payments
 8    remaining to be made for the 1983-1984 school year under this
 9    Section.
10        (3)  For   any   school  district  whose  1995  equalized
11    assessed  valuation  is  at  least  6%  less  than  its  1994
12    equalized assessed valuation as the result of a reduction  in
13    the  equalized  assessed  valuation  of  the taxable property
14    within such  district  of  any  one  taxpayer  whose  taxable
15    property  within  the  district has a 1994 equalized assessed
16    valuation constituting at least 20%  of  the  1994  equalized
17    assessed   valuation  of  all  taxable  property  within  the
18    district, the 1996-97 State aid of  such  district  shall  be
19    computed using its 1995 equalized assessed valuation.
20        (4)  For   any   school  district  whose  1988  equalized
21    assessed valuation is 55%  or  less  of  its  1981  equalized
22    assessed  valuation,  the  1990-91 State aid of such district
23    shall be computed by multiplying the 1988 equalized  assessed
24    valuation  by a factor of .8.  Any such school district which
25    is reorganized effective for the 1991-92  school  year  shall
26    use the formula provided in this subparagraph for purposes of
27    the  calculation  made  pursuant  to  subsection  (m) of this
28    Section.
29        (e)  The amount of State aid shall be computed under  the
30    provisions  of  subsections  5(a)  through  5(d) provided the
31    equalized assessed valuation per weighted ADA pupil  is  less
32    than  .87 of the amounts in subsection 5(a). If the equalized
33    assessed valuation per weighted ADA  pupil  is  equal  to  or
34    greater than .87 of the amounts in subsection 5(a), the State
                            -11-               LRB9003887THpk
 1    aid  shall  be  computed  under  the provisions of subsection
 2    5(f).
 3        (f)  If the equalized assessed valuation per weighted ADA
 4    pupil is equal to or greater  than  .87  of  the  amounts  in
 5    subsection  5(a),  the State aid per weighted ADA pupil shall
 6    be computed by multiplying  the  product  of  .13  times  the
 7    maximum  per  pupil  amount  computed under the provisions of
 8    subsections 5(a) through 5(d)  by  an  amount  equal  to  the
 9    quotient  of  .87  times the equalized assessed valuation per
10    weighted ADA pupil  in  subsection  5(a)  for  that  type  of
11    district  divided  by  the  district  equalized valuation per
12    weighted ADA pupil except  in  no  case  shall  the  district
13    receive  State  aid  per  weighted ADA pupil of less than .07
14    times  the  maximum  per  pupil  amount  computed  under  the
15    provisions of subsections 5(a) through 5(d).
16        (g)  In addition  to  the  above  grants,  summer  school
17    grants  shall  be made based upon the calculation as provided
18    in subsection 4 of this Section.
19        (h)  The board of  any  district  receiving  any  of  the
20    grants  provided for in this Section may apply those funds to
21    any fund so received for which that board  is  authorized  to
22    make expenditures by law.
23        (i) (1) (a)  In  school  districts  with an average daily
24    attendance of 50,000 or more, the amount  which  is  provided
25    under subsection 1(n) of this Section by the application of a
26    base  Chapter 1 weighting factor of .375 shall be distributed
27    to the attendance centers within the district  in  proportion
28    to  the  number  of pupils enrolled at each attendance center
29    who are eligible to receive free or reduced-price lunches  or
30    breakfasts  under the federal Child Nutrition Act of 1966 and
31    under the National School Lunch Act  during  the  immediately
32    preceding  school  year.   The  amount  of State aid provided
33    under subsection 1(n) of this Section by the  application  of
34    the  Chapter  1  weighting  factor in excess of .375 shall be
                            -12-               LRB9003887THpk
 1    distributed to the attendance centers within the district  in
 2    proportion to the total enrollment at each attendance center.
 3    Beginning  with  school  year  1989-90,  and each school year
 4    thereafter, all funds provided under subsection 1 (n) of this
 5    Section by the application of the Chapter 1 weighting  factor
 6    which  are  in  excess of the level of non-targeted Chapter 1
 7    funds  in  school  year  1988-89  shall  be  distributed   to
 8    attendance  centers,  and  only to attendance centers, within
 9    the district in proportion to the number of  pupils  enrolled
10    at each attendance center who are eligible to receive free or
11    reduced  price  lunches or breakfasts under the Federal Child
12    Nutrition Act and under the National School Lunch Act  during
13    the  immediately  preceding school year.  Beginning in school
14    year 1989-90, 25% of the previously  non-targeted  Chapter  1
15    funds  as  established  for school year 1988-89 shall also be
16    distributed to the attendance centers, and only to attendance
17    centers, in the district  in  proportion  to  the  number  of
18    pupils enrolled at each attendance center who are eligible to
19    receive free or reduced price lunches or breakfasts under the
20    Federal  Child  Nutrition  Act  and under the National School
21    Lunch Act during the immediately preceding  school  year;  in
22    school  year  1990-91,  50%  of  the  previously non-targeted
23    Chapter 1 funds as established for school year 1988-89  shall
24    be  distributed to attendance centers, and only to attendance
25    centers, in the district  in  proportion  to  the  number  of
26    pupils enrolled at each attendance center who are eligible to
27    receive  such  free  or  reduced  price lunches or breakfasts
28    during the immediately preceding school year; in school  year
29    1991-92,  75%  of the previously non-targeted Chapter 1 funds
30    as established for school year 1988-89 shall  be  distributed
31    to attendance centers, and only to attendance centers, in the
32    district  in  proportion  to the number of pupils enrolled at
33    each attendance center who are eligible to receive such  free
34    or reduced price lunches or breakfasts during the immediately
                            -13-               LRB9003887THpk
 1    preceding school year; in school year 1992-93 and thereafter,
 2    all  funds provided under subsection 1 (n) of this Section by
 3    the application of the Chapter 1 weighting  factor  shall  be
 4    distributed  to  attendance  centers,  and only to attendance
 5    centers, in the district  in  proportion  to  the  number  of
 6    pupils enrolled at each attendance center who are eligible to
 7    receive free or reduced price lunches or breakfasts under the
 8    Federal  Child  Nutrition  Act  and under the National School
 9    Lunch Act  during  the  immediately  preceding  school  year;
10    provided,  however,  that  the distribution formula in effect
11    beginning with school year 1989-90 shall not be applicable to
12    such portion of State aid provided under subsection 1 (n)  of
13    this  Section  by  the application of the Chapter 1 weighting
14    formula as is  set  aside  and  appropriated  by  the  school
15    district  for the purpose of providing desegregation programs
16    and related transportation to students (which  portion  shall
17    not  exceed  5%  of  the  total  amount of State aid which is
18    provided  under  subsection  1  (n)  of   this   Section   by
19    application  of  the  Chapter  1  weighting formula), and the
20    relevant  percentages  shall  be  applied  to  the  remaining
21    portion  of  such  State  aid.   The  distribution  of  these
22    portions  of  general  State  aid  among  attendance  centers
23    according to these requirements shall not be compensated  for
24    or  contravened  by  adjustments  of the total of other funds
25    appropriated to any attendance centers.   (b)  The  Board  of
26    Education  shall  utilize funding from one or several sources
27    in order to fully implement this provision annually prior  to
28    the  opening  of  school.  The Board of Education shall apply
29    savings from  reduced  administrative  costs  required  under
30    Section  34-43.1  and growth in non-Chapter 1 State and local
31    funds to assure that all attendance centers  receive  funding
32    to replace losses due to redistribution of Chapter 1 funding.
33    The distribution formula and funding to replace losses due to
34    the  distribution formula shall occur, in full, using any and
                            -14-               LRB9003887THpk
 1    all sources available, including, if necessary, revenue  from
 2    administrative  reductions  beyond  those required in Section
 3    34-43.1, in order to provide the necessary funds.   (c)  Each
 4    attendance  center shall be provided by the school district a
 5    distribution of noncategorical funds  and  other  categorical
 6    funds  to which an attendance center is entitled under law in
 7    order that the State  aid  provided  by  application  of  the
 8    Chapter  1  weighting  factor  and required to be distributed
 9    among attendance centers according  to  the  requirements  of
10    this   paragraph   supplements   rather  than  supplants  the
11    noncategorical funds and other categorical funds provided  by
12    the    school    district    to   the   attendance   centers.
13    Notwithstanding the foregoing provisions of  this  subsection
14    5(i)(1)  or any other law to the contrary, beginning with the
15    1995-1996 school year and for each  school  year  thereafter,
16    the  board  of  a  school district to which the provisions of
17    this subsection  apply  shall  be  required  to  allocate  or
18    provide  to  attendance  centers  of the district in any such
19    school year, from the State aid  provided  for  the  district
20    under  this Section by application of the Chapter 1 weighting
21    factor, an aggregate amount of not less than $261,000,000  of
22    State  Chapter  1  funds.  Any  State Chapter 1 funds that by
23    reason of the provisions of this paragraph are  not  required
24    to  be  allocated  and  provided to attendance centers may be
25    used and appropriated by the board of the  district  for  any
26    lawful  school  purpose.    Chapter  1  funds  received by an
27    attendance  center  (except  those  funds   set   aside   for
28    desegregation   programs   and   related   transportation  to
29    students) shall be used on the schedule cited in this Section
30    at the attendance center at the discretion of  the  principal
31    and  local school council for programs to improve educational
32    opportunities at qualifying  schools  through  the  following
33    programs  and  services:  early  childhood education, reduced
34    class size or improved  adult  to  student  classroom  ratio,
                            -15-               LRB9003887THpk
 1    enrichment    programs,   remedial   assistance,   attendance
 2    improvement and other educationally  beneficial  expenditures
 3    which supplement the regular and basic programs as determined
 4    by  the  State Board of Education.  Chapter 1 funds shall not
 5    be expended for any political or lobbying purposes as defined
 6    by board rule. (d) Each district subject to the provisions of
 7    this paragraph shall submit an acceptable plan  to  meet  the
 8    educational  needs  of  disadvantaged children, in compliance
 9    with the requirements of this paragraph, to the  State  Board
10    of  Education  prior to July 15 of each year. This plan shall
11    be consistent with the decisions  of  local  school  councils
12    concerning   the   school   expenditure  plans  developed  in
13    accordance with part 4 of Section 34-2.3.   The  State  Board
14    shall  approve  or  reject  the plan within 60 days after its
15    submission.  If the plan is rejected the district shall  give
16    written notice of intent to modify the plan within 15 days of
17    the notification of rejection and then submit a modified plan
18    within 30 days after the date of the written notice of intent
19    to  modify.    Districts may amend approved plans pursuant to
20    rules promulgated by the State Board of Education.
21        Upon notification by the State Board  of  Education  that
22    the  district  has not submitted a plan prior to July 15 or a
23    modified plan within the time period  specified  herein,  the
24    State  aid funds affected by said plan or modified plan shall
25    be withheld by the State Board of Education until a  plan  or
26    modified plan is submitted.
27        If   the  district  fails  to  distribute  State  aid  to
28    attendance centers in accordance with an approved  plan,  the
29    plan for the following year shall allocate funds, in addition
30    to  the  funds  otherwise  required  by this subparagraph, to
31    those attendance centers which were  underfunded  during  the
32    previous year in amounts equal to such underfunding.
33        For   purposes   of   determining  compliance  with  this
34    subsection  in  relation  to  Chapter  1  expenditures,  each
                            -16-               LRB9003887THpk
 1    district subject to the provisions of this  subsection  shall
 2    submit  as  a  separate document by December 1 of each year a
 3    report of Chapter 1 expenditure data for the  prior  year  in
 4    addition  to  any modification of its current plan.  If it is
 5    determined that there has been a failure to comply  with  the
 6    expenditure   provisions   of   this   subsection   regarding
 7    contravention  or  supplanting,  the  State Superintendent of
 8    Education shall, within 60 days of  receipt  of  the  report,
 9    notify  the  district  and any affected local school council.
10    The  district  shall  within  45  days  of  receipt  of  that
11    notification inform the State Superintendent of Education  of
12    the  remedial  or  corrective action to be taken, whether  by
13    amendment of the current plan, if feasible, or by  adjustment
14    in  the  plan for the following year.  Failure to provide the
15    expenditure  report  or  the  notification  of  remedial   or
16    corrective  action  in  a  timely  manner  shall  result in a
17    withholding of the affected funds.
18        The State Board of Education shall promulgate  rules  and
19    regulations  to  implement  the provisions of this subsection
20    5(i)(1).  No funds shall be released under subsection 1(n) of
21    this Section or under this subsection 5(i)(1) to any district
22    which has not submitted a plan which has been approved by the
23    State Board of Education.
24        (2)  School districts with an average daily attendance of
25    more than 1,000 and less than 50,000 and having a low  income
26    pupil  weighting  factor in excess of .53 shall submit a plan
27    to the State Board of Education prior to October 30  of  each
28    year  for the use of the funds resulting from the application
29    of subsection 1(n) of this Section  for  the  improvement  of
30    instruction  in  which  priority  is  given  to  meeting  the
31    education  needs  of disadvantaged children.  Such plan shall
32    be  submitted  in  accordance  with  rules  and   regulations
33    promulgated by the State Board of Education.
34        (j)  For the purposes of calculating State aid under this
                            -17-               LRB9003887THpk
 1    Section, with respect to any part of a school district within
 2    a   redevelopment   project   area  in  respect  to  which  a
 3    municipality has adopted tax increment  allocation  financing
 4    pursuant  to  the Tax Increment Allocation Redevelopment Act,
 5    Sections  11-74.4-1  through  11-74.4-11  of   the   Illinois
 6    Municipal  Code or the Industrial Jobs Recovery Law, Sections
 7    11-74.6-1 through 11-74.6-50 of the Illinois Municipal  Code,
 8    no  part  of the current equalized assessed valuation of real
 9    property  located  in  any  such  project   area   which   is
10    attributable to an increase above the total initial equalized
11    assessed   valuation  of  such  property  shall  be  used  in
12    computing the equalized assessed valuation per  weighted  ADA
13    pupil  in  the district, until such time as all redevelopment
14    project  costs  have  been  paid,  as  provided  in   Section
15    11-74.4-8  of  the Tax Increment Allocation Redevelopment Act
16    or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
17    For the purpose of computing the equalized assessed valuation
18    per weighted ADA pupil in  the  district  the  total  initial
19    equalized   assessed   valuation  or  the  current  equalized
20    assessed valuation, whichever is lower, shall be  used  until
21    such time as all redevelopment project costs have been paid.
22        (k)  For  a school district operating under the financial
23    supervision of an Authority created under  Article  34A,  the
24    State  aid  otherwise  payable  to  that  district under this
25    Section, other than  State  aid  attributable  to  Chapter  1
26    students,  shall  be reduced by an amount equal to the budget
27    for the operations of  the  Authority  as  certified  by  the
28    Authority  to  the  State  Board  of Education, and an amount
29    equal to such  reduction  shall  be  paid  to  the  Authority
30    created  for  such district for its operating expenses in the
31    manner provided in Section 18-11.   The  remainder  of  State
32    school  aid for any such district shall be paid in accordance
33    with Article 34A when that Article provides for a disposition
34    other than that provided by this Article.
                            -18-               LRB9003887THpk
 1        (l)  For purposes of calculating  State  aid  under  this
 2    Section,  the  equalized  assessed  valuation  for  a  school
 3    district  used  to  compute  State aid shall be determined by
 4    adding to the real property equalized assessed valuation  for
 5    the  district  an  amount  computed by dividing the amount of
 6    money received by the district under the  provisions  of  "An
 7    Act  in  relation  to  the  abolition  of ad valorem personal
 8    property tax and the replacement of revenues  lost  thereby",
 9    certified  August  14,  1979,  by  the total tax rate for the
10    district. For purposes of  this  subsection  1976  tax  rates
11    shall  be used for school districts in the county of Cook and
12    1977 tax rates shall be used  for  school  districts  in  all
13    other counties.
14        (m) (1)  For  a  new  school district formed by combining
15    property  included  totally  within  2  or  more   previously
16    existing school districts, for its first year of existence or
17    if  the  new  district  was formed after October 31, 1982 and
18    prior  to  September  23,  1985,  for  the  year  immediately
19    following September 23, 1985, the State aid calculated  under
20    this  Section  shall be computed for the new district and for
21    the previously  existing  districts  for  which  property  is
22    totally included within the new district.  If the computation
23    on the basis of the previously existing districts is greater,
24    a supplementary payment equal to the difference shall be made
25    for  the first 3 years of existence of the new district or if
26    the new district was formed after October 31, 1982 and  prior
27    to  September 23, 1985, for the 3 years immediately following
28    September 23, 1985.
29        (2)  For a school  district  which  annexes  all  of  the
30    territory  of  one or more entire other school districts, for
31    the  first  year  during  which  the  change  of   boundaries
32    attributable  to  such  annexation  becomes effective for all
33    purposes as determined under Section 7-9 or 7A-8,  the  State
34    aid  calculated  under this Section shall be computed for the
                            -19-               LRB9003887THpk
 1    annexing district as constituted after the annexation and for
 2    the annexing and each annexed district as  constituted  prior
 3    to the annexation; and if the computation on the basis of the
 4    annexing  and  annexed  districts as constituted prior to the
 5    annexation is greater, a supplementary payment equal  to  the
 6    difference  shall  be made for the first 3 years of existence
 7    of the annexing school  district  as  constituted  upon  such
 8    annexation.
 9        (3)  For  2  or  more school districts which annex all of
10    the territory of one or more entire other  school  districts,
11    and  for 2 or more community unit districts which result upon
12    the division (pursuant to petition under  Section  11A-2)  of
13    one  or more other unit school districts into 2 or more parts
14    and which together include all of the parts into  which  such
15    other  unit  school district or districts are so divided, for
16    the  first  year  during  which  the  change  of   boundaries
17    attributable to such annexation or division becomes effective
18    for  all  purposes as determined under Section 7-9 or 11A-10,
19    as the case may be,  the  State  aid  calculated  under  this
20    Section  shall  be  computed  for  each annexing or resulting
21    district as constituted after the annexation or division  and
22    for each annexing and annexed district, or for each resulting
23    and  divided district, as constituted prior to the annexation
24    or division; and if the aggregate of  the  State  aid  as  so
25    computed   for   the   annexing  or  resulting  districts  as
26    constituted after the annexation or division is less than the
27    aggregate of the State aid as so computed  for  the  annexing
28    and  annexed  districts,  or  for  the  resulting and divided
29    districts,  as  constituted  prior  to  the   annexation   or
30    division,   then   a   supplementary  payment  equal  to  the
31    difference shall be made and allocated between or  among  the
32    annexing  or  resulting  districts,  as constituted upon such
33    annexation or division,  for  the  first  3  years  of  their
34    existence.   The  total difference payment shall be allocated
                            -20-               LRB9003887THpk
 1    between or among the annexing or resulting districts  in  the
 2    same  ratio  as the pupil enrollment from that portion of the
 3    annexed or divided district or districts which is annexed  to
 4    or included in each such annexing or resulting district bears
 5    to  the  total  pupil  enrollment  from the entire annexed or
 6    divided district or districts, as such  pupil  enrollment  is
 7    determined  for the school year last ending prior to the date
 8    when the change of boundaries attributable to the  annexation
 9    or  division  becomes effective for all purposes.  The amount
10    of the total difference payment and the amount thereof to  be
11    allocated  to  the  annexing  or resulting districts shall be
12    computed by the State Board of  Education  on  the  basis  of
13    pupil  enrollment  and other data which shall be certified to
14    the State Board of Education, on forms which it shall provide
15    for that purpose, by the regional superintendent  of  schools
16    for each educational service region in which the annexing and
17    annexed  districts,  or  resulting  and divided districts are
18    located.
19        (4)  If a unit school district annexes all the  territory
20    of  another  unit  school district effective for all purposes
21    pursuant to Section 7-9 on July 1, 1988, and if part  of  the
22    annexed  territory  is  detached within 90 days after July 1,
23    1988, then the detachment shall be disregarded  in  computing
24    the supplementary State aid payments under this paragraph (m)
25    for  the entire 3 year period and the supplementary State aid
26    payments shall not be diminished because of the detachment.
27        (5)  Any supplementary State aid payment made under  this
28    paragraph  (m)  shall  be  treated as separate from all other
29    payments made pursuant to this Section.
30        (n)  For the purposes of calculating State aid under this
31    Section, the real property equalized assessed valuation for a
32    school district used to compute State aid shall be determined
33    by subtracting from the real property value as  equalized  or
34    assessed  by  the  Department  of Revenue for the district an
                            -21-               LRB9003887THpk
 1    amount computed by dividing the amount of  any  abatement  of
 2    taxes  under  Section  18-170 of the Property Tax Code by the
 3    maximum operating tax rates specified in subsection  5(c)  of
 4    this Section and an amount computed by dividing the amount of
 5    any abatement of taxes under subsection (a) of Section 18-165
 6    of  the  Property Tax Code by the maximum operating tax rates
 7    specified in subsection 5(c) of this Section.
 8        (o)  Notwithstanding  any  other   provisions   of   this
 9    Section,  for  the  1996-1997  school  year the amount of the
10    aggregate general State  aid  entitlement  that  is  received
11    under  this  Section  by each school district for that school
12    year shall be not less  than  the  amount  of  the  aggregate
13    general  State  aid  entitlement  that  was  received  by the
14    district under this Section for the 1995-1996 school year. If
15    a school district is to receive an  aggregate  general  State
16    aid  entitlement  under this Section for the 1996-1997 school
17    year that is less than the amount of  the  aggregate  general
18    State  aid  entitlement that the district received under this
19    Section for the 1995-1996 school year,  the  school  district
20    shall  also  receive,  from a separate appropriation made for
21    purposes of this paragraph (o), a supplementary payment  that
22    is  equal  to  the  amount  by  which  the  general State aid
23    entitlement received by the district under this  Section  for
24    the  1995-1996  school  year  exceeds  the  general State aid
25    entitlement that  the  district  is  to  receive  under  this
26    Section  for  the  1996-1997  school  year.   If  the  amount
27    appropriated  for  supplementary payments to school districts
28    under this paragraph (o) is insufficient  for  that  purpose,
29    the  supplementary  payments  that  districts  are to receive
30    under this paragraph  shall  be  prorated  according  to  the
31    aggregate  amount  of  the appropriation made for purposes of
32    this paragraph.
33        (p)  Notwithstanding any other provision of this Section,
34    for school districts located  in  a  county  subject  to  the
                            -22-               LRB9003887THpk
 1    Property  Tax  Extension  Limitation  Law  the  real property
 2    equalized assessed valuation used to compute the State aid of
 3    any such school district  shall  be  the  equalized  assessed
 4    value of all real property in the school district in the year
 5    prior  to the implementation in that district of the Property
 6    Tax  Extension  Limitation  Law,  increased  for  each   year
 7    thereafter  by  5% or the percentage increase in the Consumer
 8    Price Index as defined in Section 18-185 of the Property  Tax
 9    Code,  whichever  is less, plus the assessed value attributed
10    to the district's "new property" as defined in Section 18-185
11    of the Property Tax Code, plus the equalized  assessed  value
12    of  all  property  annexed to the district in any given year,
13    minus the sum of (i) the  result  obtained  by  dividing  the
14    amount  of  any  abatement  of  district  taxes under Section
15    18-170 of the Property Tax Code by the maximum operating  tax
16    rates  specified in subsection 5(c) of this Section 18-8, and
17    (ii) the result  obtained  by  dividing  the  amount  of  any
18    abatement  of  district taxes under subsection (a) of Section
19    18-165 of the Property Tax Code by the maximum operating  tax
20    rates  specified  in subsection 5(c) of this Section 18-8. No
21    State aid for any school year  ending  prior  to  or  in  the
22    calendar  year  in  which  this  amendatory Act of 1997 takes
23    effect shall be recalculated or otherwise affected by  reason
24    of the provisions of this amendatory Act.
25        B.  In calculating the amount to be paid to the governing
26    board  of  a  public  university  that  operates a laboratory
27    school under this Section or to any alternative  school  that
28    is  operated by a regional superintendent, the State Board of
29    Education shall require by rule such  reporting  requirements
30    as it deems necessary.
31        As  used  in  this  Section,  "laboratory school" means a
32    public school which is  created  and  operated  by  a  public
33    university and approved by the State Board of Education.  The
34    governing  board  of a public university which receives funds
                            -23-               LRB9003887THpk
 1    from the State Board under this subsection B may not increase
 2    the number of students enrolled in its laboratory school from
 3    a single district, if that district is already sending 50  or
 4    more  students,  except  under a mutual agreement between the
 5    school board of a student's district  of  residence  and  the
 6    university   which   operates   the   laboratory  school.   A
 7    laboratory school may not  have  more  than  1,000  students,
 8    excluding  students  with disabilities in a special education
 9    program.
10        As used in this Section,  "alternative  school"  means  a
11    public  school  which  is  created and operated by a Regional
12    Superintendent of Schools and approved by the State Board  of
13    Education.  Such  alternative  schools  may  offer courses of
14    instruction for which  credit  is  given  in  regular  school
15    programs,  courses  to  prepare  students for the high school
16    equivalency testing program or  vocational  and  occupational
17    training.
18        Each  laboratory  and  alternative  school shall file, on
19    forms provided by the State Superintendent of  Education,  an
20    annual  State  aid  claim  which  states  the  average  daily
21    attendance  of  the  school's  students by month.  The best 3
22    months' average daily attendance shall be computed  for  each
23    school.   The  weighted  average  daily  attendance  shall be
24    computed and the weighted average daily  attendance  for  the
25    school's  most recent 3 year average shall be compared to the
26    most  recent  weighted  average  daily  attendance,  and  the
27    greater of the 2 shall be used for the calculation under this
28    subsection B.  The general State  aid  entitlement  shall  be
29    computed  by  multiplying  the  school's student count by the
30    foundation level as determined under this Section.
31    (Source: P.A. 88-9; 88-45;  88-89;  88-386;  88-511;  88-537;
32    88-555;  88-641;  88-670,  eff. 12-2-94; 89-15, eff. 5-30-95;
33    89-235, eff.  8-4-95;  89-397,  eff.  8-20-95;  89-610,  eff.
34    8-6-96;  89-618,  eff.  8-9-96;  89-626, eff. 8-9-96; 89-679,
                            -24-               LRB9003887THpk
 1    eff. 8-16-96; revised 9-10-96.)
 2        Section 99.  Effective date.  This Act takes effect  upon
 3    becoming law.

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