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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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,
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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
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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
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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.
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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
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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
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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
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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
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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
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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,
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1 eff. 8-16-96; revised 9-10-96.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.