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90_HB1908 105 ILCS 5/18-8 from Ch. 122, par. 18-8 Amends the School Code. Makes a technical change in the State aid formula. LRB9005220EGfg LRB9005220EGfg 1 AN ACT to amend the School Code by changing Section 18-8 2 as follows: 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The School Code is amended by changing 6 Section 18-8 as follows: 7 (105 ILCS 5/18-8) (from Ch. 122, par. 18-8) 8 Sec. 18-8. Basis for apportionment to districts, 9 laboratory schools and alternative schools. 10 A. The amounts to be apportioned shall be determined for 11 each educational service region by school districts, as 12 follows: 13 1. General Provisions. 14 (a) In the computation of the amounts to be apportioned, 15 the average daily attendance of all pupils in grades 9 16 through 12 shall be multiplied by 1.25. The average daily 17 attendance of all pupils in grades 7 and 8 shall be 18 multiplied by 1.05. 19 (b) The actual number of pupils in average daily 20 attendance shall be computed in a one-teacher school district 21 by dividing the total aggregate days of pupil attendance by 22 the actual number of days that school is in session but not 23 more than 30 such pupils shall be accredited for such type of 24 district; and in districts of 2 or more teachers, or in 25 districts where records of attendance are kept by session 26 teachers, by taking the sum of the respective averages of the 27 units composing the group. 28 (c) Pupils in average daily attendance shall be computed 29 upon the average of the best 3 months of pupils attendance of 30 the current school year except as district claims may be 31 later amended as provided hereinafter in this Section. -2- LRB9005220EGfg 1 However, for any school district that maintainsmaintaining2 grades kindergarten through 12, the "average daily 3 attendance" shall be computed on the average of the best 3 4 months of pupils attendance of the current year in grades 5 kindergarten through 8, added together with the average of 6 the best 3 months of pupils attendance of the current year in 7 grades 9 through 12, except as district claims may be later 8 amended as provided in this Section. Days of attendance 9 shall be kept by regular calendar months, except any days of 10 attendance in August shall be added to the month of September 11 and any days of attendance in June shall be added to the 12 month of May. Except as otherwise provided in this Section, 13 days of attendance by pupils shall be counted only for 14 sessions of not less than 5 clock hours of school work per 15 day under direct supervision of: (i) teachers, or (ii) 16 non-teaching personnel or volunteer personnel when engaging 17 in non-teaching duties and supervising in those instances 18 specified in subsection (a) of Section 10-22.34 and paragraph 19 10 of Section 34-18, with pupils of legal school age and in 20 kindergarten and grades 1 through 12. 21 (d) Pupils regularly enrolled in a public school for 22 only a part of the school day may be counted on the basis of 23 1/6 day for every class hour of instruction of 40 minutes or 24 more attended pursuant to such enrollment. 25 (e) Days of attendance may be less than 5 clock hours on 26 the opening and closing of the school term, and upon the 27 first day of pupil attendance, if preceded by a day or days 28 utilized as an institute or teachers' workshop. 29 (f) A session of 4 or more clock hours may be counted as 30 a day of attendance upon certification by the regional 31 superintendent, and approved by the State Superintendent of 32 Education to the extent that the district has been forced to 33 use daily multiple sessions. 34 (g) A session of 3 or more clock hours may be counted as -3- LRB9005220EGfg 1 a day of attendance (1) when the remainder of the school day 2 or at least 2 hours in the evening of that day is utilized 3 for an in-service training program for teachers, up to a 4 maximum of 5 days per school year of which a maximum of 4 5 days of such 5 days may be used for parent-teacher 6 conferences, provided a district conducts an in-service 7 training program for teachers which has been approved by the 8 State Superintendent of Education; or, in lieu of 4 such 9 days, 2 full days may be used, in which event each such day 10 may be counted as a day of attendance; and (2) when days in 11 addition to those provided in item (1) are scheduled by a 12 school pursuant to its school improvement plan adopted under 13 Article 34 or its revised or amended school improvement plan 14 adopted under Article 2, provided that (i) such sessions of 3 15 or more clock hours are scheduled to occur at regular 16 intervals, (ii) the remainder of the school days in which 17 such sessions occur are utilized for in-service training 18 programs or other staff development activities for teachers, 19 and (iii) a sufficient number of minutes of school work under 20 the direct supervision of teachers are added to the school 21 days between such regularly scheduled sessions to accumulate 22 not less than the number of minutes by which such sessions of 23 3 or more clock hours fall short of 5 clock hours. Any full 24 days used for the purposes of this paragraph shall not be 25 considered for computing average daily attendance. Days 26 scheduled for in-service training programs, staff development 27 activities, or parent-teacher conferences may be scheduled 28 separately for different grade levels and different 29 attendance centers of the district. 30 (h) A session of not less than one clock hour teaching 31 of hospitalized or homebound pupils on-site or by telephone 32 to the classroom may be counted as 1/2 day of attendance, 33 however these pupils must receive 4 or more clock hours of 34 instruction to be counted for a full day of attendance. -4- LRB9005220EGfg 1 (i) A session of at least 4 clock hours may be counted 2 as a day of attendance for first grade pupils, and pupils in 3 full day kindergartens, and a session of 2 or more hours may 4 be counted as 1/2 day of attendance by pupils in 5 kindergartens which provide only 1/2 day of attendance. 6 (j) For children with disabilities who are below the age 7 of 6 years and who cannot attend two or more clock hours 8 because of their disability or immaturity, a session of not 9 less than one clock hour may be counted as 1/2 day of 10 attendance; however for such children whose educational needs 11 so require a session of 4 or more clock hours may be counted 12 as a full day of attendance. 13 (k) A recognized kindergarten which provides for only 14 1/2 day of attendance by each pupil shall not have more than 15 1/2 day of attendance counted in any 1 day. However, 16 kindergartens may count 2 1/2 days of attendance in any 5 17 consecutive school days. Where a pupil attends such a 18 kindergarten for 2 half days on any one school day, such 19 pupil shall have the following day as a day absent from 20 school, unless the school district obtains permission in 21 writing from the State Superintendent of Education. 22 Attendance at kindergartens which provide for a full day of 23 attendance by each pupil shall be counted the same as 24 attendance by first grade pupils. Only the first year of 25 attendance in one kindergarten shall be counted except in 26 case of children who entered the kindergarten in their fifth 27 year whose educational development requires a second year of 28 kindergarten as determined under the rules and regulations of 29 the State Board of Education. 30 (l) Days of attendance by tuition pupils shall be 31 accredited only to the districts that pay the tuition to a 32 recognized school. 33 (m) The greater of the immediately preceding year's 34 weighted average daily attendance or the average of the -5- LRB9005220EGfg 1 weighted average daily attendance of the immediately 2 preceding year and the previous 2 years shall be used. 3 For any school year beginning July 1, 1986 or thereafter, 4 if the weighted average daily attendance in either grades 5 kindergarten through 8 or grades 9 through 12 of a district 6 as computed for the first calendar month of the current 7 school year exceeds by more than 5%, but not less than 25 8 pupils, the district's weighted average daily attendance for 9 the first calendar month of the immediately preceding year 10 in, respectively, grades kindergarten through 8 or grades 9 11 through 12, a supplementary payment shall be made to the 12 district equal to the difference in the amount of aid the 13 district would be paid under this Section using the weighted 14 average daily attendance in the district as computed for the 15 first calendar month of the current school year and the 16 amount of aid the district would be paid using the weighted 17 average daily attendance in the district for the first 18 calendar month of the immediately preceding year. Such 19 supplementary State aid payment shall be paid to the district 20 as provided in Section 18-8.4 and shall be treated as 21 separate from all other payments made pursuant to this 22 Section 18-8. 23 (n) The number of low income eligible pupils in a 24 district shall result in an increase in the weighted average 25 daily attendance calculated as follows: The number of low 26 income pupils shall increase the weighted ADA by .53 for each 27 student adjusted by dividing the percent of low income 28 eligible pupils in the district by the ratio of eligible low 29 income pupils in the State to the best 3 months' weighted 30 average daily attendance in the State. In no case may the 31 adjustment under this paragraph result in a greater weighting 32 than .625 for each eligible low income student. The number 33 of low income eligible pupils in a district shall be the 34 low-income eligible count from the most recently available -6- LRB9005220EGfg 1 federal census and the weighted average daily attendance 2 shall be calculated in accordance with the other provisions 3 of this paragraph. 4 (o) Any school district which fails for any given school 5 year to maintain school as required by law, or to maintain a 6 recognized school is not eligible to file for such school 7 year any claim upon the common school fund. In case of 8 nonrecognition of one or more attendance centers in a school 9 district otherwise operating recognized schools, the claim of 10 the district shall be reduced in the proportion which the 11 average daily attendance in the attendance center or centers 12 bear to the average daily attendance in the school district. 13 A "recognized school" means any public school which meets the 14 standards as established for recognition by the State Board 15 of Education. A school district or attendance center not 16 having recognition status at the end of a school term is 17 entitled to receive State aid payments due upon a legal claim 18 which was filed while it was recognized. 19 (p) School district claims filed under this Section are 20 subject to Sections 18-9, 18-10 and 18-12, except as herein 21 otherwise provided. 22 (q) The State Board of Education shall secure from the 23 Department of Revenue the value as equalized or assessed by 24 the Department of Revenue of all taxable property of every 25 school district together with the applicable tax rate used in 26 extending taxes for the funds of the district as of September 27 30 of the previous year. The Department of Revenue shall add 28 to the equalized assessed value of all taxable property of 29 each school district situated entirely or partially within a 30 county with 2,000,000 or more inhabitants an amount equal to 31 the total amount by which the homestead exemptions allowed 32 under Sections 15-170 and 15-175 of the Property Tax Code for 33 real property situated in that school district exceeds the 34 total amount that would have been allowed in that school -7- LRB9005220EGfg 1 district as homestead exemptions under those Sections if the 2 maximum reduction under Section 15-170 of the Property Tax 3 Code was $2,000 and the maximum reduction under Section 4 15-175 of the Property Tax Code was $3,500. The county clerk 5 of any county with 2,000,000 or more inhabitants shall 6 annually calculate and certify to the Department for each 7 school district all homestead exemption amounts required by 8 this amendatory Act of 1992. In a new district which has not 9 had any tax rates yet determined for extension of taxes, a 10 leveled uniform rate shall be computed from the latest amount 11 of the fund taxes extended on the several areas within such 12 new district. 13 (r) If a school district operates a full year school 14 under Section 10-19.1, the general state aid to the school 15 district shall be determined by the State Board of Education 16 in accordance with this Section as near as may be applicable. 17 2. New or recomputed claim. The general State aid 18 entitlement for a newly created school district or a district 19 which has annexed an entire school district shall be computed 20 using attendance, compensatory pupil counts, equalized 21 assessed valuation, and tax rate data which would have been 22 used had the district been in existence for 3 years. General 23 State aid entitlements shall not be recomputed except as 24 permitted herein. 25 3. Impaction. Impaction payments shall be made as 26 provided for in Section 18-4.2. 27 4. Summer school. Summer school payments shall be made 28 as provided in Section 18-4.3. 29 5. Computation of State aid. The State grant shall be 30 determined as follows: 31 (a) The State shall guarantee the amount of money that a 32 district's operating tax rate as limited in other Sections of 33 this Act would produce if every district maintaining grades 34 kindergarten through 12 had an equalized assessed valuation -8- LRB9005220EGfg 1 equal to $74,791 per weighted ADA pupil; every district 2 maintaining grades kindergarten through 8 had an equalized 3 assessed valuation of $108,644 per weighted ADA pupil; and 4 every district maintaining grades 9 through 12 had an 5 equalized assessed valuation of $187,657 per weighted ADA 6 pupil. The State Board of Education shall adjust the 7 equalized assessed valuation amounts stated in this 8 paragraph, if necessary, to conform to the amount of the 9 appropriation approved for any fiscal year. 10 (b) The operating tax rate to be used shall consist of 11 all district taxes extended for all purposes except community 12 college educational purposes for the payment of tuition under 13 Section 6-1 of the Public Community College Act, Bond and 14 Interest, Summer School, Rent, Capital Improvement and 15 Vocational Education Building. Any district may elect to 16 exclude Transportation from the calculation of its operating 17 tax rate. Districts may include taxes extended for the 18 payment of principal and interest on bonds issued under the 19 provisions of Sections 17-2.11a and 20-2 at a rate of .05% 20 per year for each purpose or the actual rate extended, 21 whichever is less. 22 (c) For calculation of aid under this Act a district 23 shall use the combined authorized tax rates of all funds not 24 exempt in (b) above, not to exceed 2.76% of the value of all 25 its taxable property as equalized or assessed by the 26 Department of Revenue for districts maintaining grades 27 kindergarten through 12; 1.90% of the value of all its 28 taxable property as equalized or assessed by the Department 29 of Revenue for districts maintaining grades kindergarten 30 through 8 only; 1.10% of the value of all its taxable 31 property as equalized or assessed by the Department of 32 Revenue for districts maintaining grades 9 through 12 only. 33 A district may, however, as provided in Article 17, increase 34 its operating tax rate above the maximum rate provided in -9- LRB9005220EGfg 1 this subsection without affecting the amount of State aid to 2 which it is entitled under this Act. 3 (d) (1) For districts maintaining grades kindergarten 4 through 12 with an operating tax rate as described in 5 subsections 5(b) and (c) of less than 2.18%, and districts 6 maintaining grades kindergarten through 8 with an operating 7 tax rate of less than 1.28%, State aid shall be computed by 8 multiplying the difference between the guaranteed equalized 9 assessed valuation per weighted ADA pupil in subsection 5(a) 10 and the equalized assessed valuation per weighted ADA pupil 11 in the district by the operating tax rate, multiplied by the 12 weighted average daily attendance of the district; provided, 13 however, that for the 1989-1990 school year only, a school 14 district maintaining grades kindergarten through 8 whose 15 operating tax rate with reference to which its general State 16 aid for the 1989-1990 school year is determined is less than 17 1.28% and more than 1.090%, and which had an operating tax 18 rate of 1.28% or more for the previous year, shall have its 19 general State aid computed according to the provisions of 20 subsection 5(d)(2). 21 (2) For districts maintaining grades kindergarten 22 through 12 with an operating tax rate as described in 23 subsection 5(b) and (c) of 2.18% and above, the State aid 24 shall be computed as provided in subsection (d) (1) but as 25 though the district had an operating tax rate of 2.76%; in 26 K-8 districts with an operating tax rate of 1.28% and above, 27 the State aid shall be computed as provided in subsection (d) 28 (1) but as though the district had an operating tax rate of 29 1.90%; and in 9-12 districts, the State aid shall be computed 30 by multiplying the difference between the guaranteed 31 equalized assessed valuation per weighted average daily 32 attendance pupil in subsection 5(a) and the equalized 33 assessed valuation per weighted average daily attendance 34 pupil in the district by the operating tax rate, not to -10- LRB9005220EGfg 1 exceed 1.10%, multiplied by the weighted average daily 2 attendance of the district. State aid computed under the 3 provisions of this subsection (d) (2) shall be treated as 4 separate from all other payments made pursuant to this 5 Section. The State Comptroller and State Treasurer shall 6 transfer from the General Revenue Fund to the Common School 7 Fund the amounts necessary to permit these claims to be paid 8 in equal installments along with other State aid payments 9 remaining to be made for the 1983-1984 school year under this 10 Section. 11 (3) For any school district whose 1995 equalized 12 assessed valuation is at least 6% less than its 1994 13 equalized assessed valuation as the result of a reduction in 14 the equalized assessed valuation of the taxable property 15 within such district of any one taxpayer whose taxable 16 property within the district has a 1994 equalized assessed 17 valuation constituting at least 20% of the 1994 equalized 18 assessed valuation of all taxable property within the 19 district, the 1996-97 State aid of such district shall be 20 computed using its 1995 equalized assessed valuation. 21 (4) For any school district whose 1988 equalized 22 assessed valuation is 55% or less of its 1981 equalized 23 assessed valuation, the 1990-91 State aid of such district 24 shall be computed by multiplying the 1988 equalized assessed 25 valuation by a factor of .8. Any such school district which 26 is reorganized effective for the 1991-92 school year shall 27 use the formula provided in this subparagraph for purposes of 28 the calculation made pursuant to subsection (m) of this 29 Section. 30 (e) The amount of State aid shall be computed under the 31 provisions of subsections 5(a) through 5(d) provided the 32 equalized assessed valuation per weighted ADA pupil is less 33 than .87 of the amounts in subsection 5(a). If the equalized 34 assessed valuation per weighted ADA pupil is equal to or -11- LRB9005220EGfg 1 greater than .87 of the amounts in subsection 5(a), the State 2 aid shall be computed under the provisions of subsection 3 5(f). 4 (f) If the equalized assessed valuation per weighted ADA 5 pupil is equal to or greater than .87 of the amounts in 6 subsection 5(a), the State aid per weighted ADA pupil shall 7 be computed by multiplying the product of .13 times the 8 maximum per pupil amount computed under the provisions of 9 subsections 5(a) through 5(d) by an amount equal to the 10 quotient of .87 times the equalized assessed valuation per 11 weighted ADA pupil in subsection 5(a) for that type of 12 district divided by the district equalized valuation per 13 weighted ADA pupil except in no case shall the district 14 receive State aid per weighted ADA pupil of less than .07 15 times the maximum per pupil amount computed under the 16 provisions of subsections 5(a) through 5(d). 17 (g) In addition to the above grants, summer school 18 grants shall be made based upon the calculation as provided 19 in subsection 4 of this Section. 20 (h) The board of any district receiving any of the 21 grants provided for in this Section may apply those funds to 22 any fund so received for which that board is authorized to 23 make expenditures by law. 24 (i) (1) (a) In school districts with an average daily 25 attendance of 50,000 or more, the amount which is provided 26 under subsection 1(n) of this Section by the application of a 27 base Chapter 1 weighting factor of .375 shall be distributed 28 to the attendance centers within the district in proportion 29 to the number of pupils enrolled at each attendance center 30 who are eligible to receive free or reduced-price lunches or 31 breakfasts under the federal Child Nutrition Act of 1966 and 32 under the National School Lunch Act during the immediately 33 preceding school year. The amount of State aid provided 34 under subsection 1(n) of this Section by the application of -12- LRB9005220EGfg 1 the Chapter 1 weighting factor in excess of .375 shall be 2 distributed to the attendance centers within the district in 3 proportion to the total enrollment at each attendance center. 4 Beginning with school year 1989-90, and each school year 5 thereafter, all funds provided under subsection 1 (n) of this 6 Section by the application of the Chapter 1 weighting factor 7 which are in excess of the level of non-targeted Chapter 1 8 funds in school year 1988-89 shall be distributed to 9 attendance centers, and only to attendance centers, within 10 the district in proportion to the number of pupils enrolled 11 at each attendance center who are eligible to receive free or 12 reduced price lunches or breakfasts under the Federal Child 13 Nutrition Act and under the National School Lunch Act during 14 the immediately preceding school year. Beginning in school 15 year 1989-90, 25% of the previously non-targeted Chapter 1 16 funds as established for school year 1988-89 shall also be 17 distributed to the attendance centers, and only to attendance 18 centers, in the district in proportion to the number of 19 pupils enrolled at each attendance center who are eligible to 20 receive free or reduced price lunches or breakfasts under the 21 Federal Child Nutrition Act and under the National School 22 Lunch Act during the immediately preceding school year; in 23 school year 1990-91, 50% of the previously non-targeted 24 Chapter 1 funds as established for school year 1988-89 shall 25 be distributed to attendance centers, and only to attendance 26 centers, in the district in proportion to the number of 27 pupils enrolled at each attendance center who are eligible to 28 receive such free or reduced price lunches or breakfasts 29 during the immediately preceding school year; in school year 30 1991-92, 75% of the previously non-targeted Chapter 1 funds 31 as established for school year 1988-89 shall be distributed 32 to attendance centers, and only to attendance centers, in the 33 district in proportion to the number of pupils enrolled at 34 each attendance center who are eligible to receive such free -13- LRB9005220EGfg 1 or reduced price lunches or breakfasts during the immediately 2 preceding school year; in school year 1992-93 and thereafter, 3 all funds provided under subsection 1 (n) of this Section by 4 the application of the Chapter 1 weighting factor shall be 5 distributed to attendance centers, and only to attendance 6 centers, in the district in proportion to the number of 7 pupils enrolled at each attendance center who are eligible to 8 receive free or reduced price lunches or breakfasts under the 9 Federal Child Nutrition Act and under the National School 10 Lunch Act during the immediately preceding school year; 11 provided, however, that the distribution formula in effect 12 beginning with school year 1989-90 shall not be applicable to 13 such portion of State aid provided under subsection 1 (n) of 14 this Section by the application of the Chapter 1 weighting 15 formula as is set aside and appropriated by the school 16 district for the purpose of providing desegregation programs 17 and related transportation to students (which portion shall 18 not exceed 5% of the total amount of State aid which is 19 provided under subsection 1 (n) of this Section by 20 application of the Chapter 1 weighting formula), and the 21 relevant percentages shall be applied to the remaining 22 portion of such State aid. The distribution of these 23 portions of general State aid among attendance centers 24 according to these requirements shall not be compensated for 25 or contravened by adjustments of the total of other funds 26 appropriated to any attendance centers. (b) The Board of 27 Education shall utilize funding from one or several sources 28 in order to fully implement this provision annually prior to 29 the opening of school. The Board of Education shall apply 30 savings from reduced administrative costs required under 31 Section 34-43.1 and growth in non-Chapter 1 State and local 32 funds to assure that all attendance centers receive funding 33 to replace losses due to redistribution of Chapter 1 funding. 34 The distribution formula and funding to replace losses due to -14- LRB9005220EGfg 1 the distribution formula shall occur, in full, using any and 2 all sources available, including, if necessary, revenue from 3 administrative reductions beyond those required in Section 4 34-43.1, in order to provide the necessary funds. (c) Each 5 attendance center shall be provided by the school district a 6 distribution of noncategorical funds and other categorical 7 funds to which an attendance center is entitled under law in 8 order that the State aid provided by application of the 9 Chapter 1 weighting factor and required to be distributed 10 among attendance centers according to the requirements of 11 this paragraph supplements rather than supplants the 12 noncategorical funds and other categorical funds provided by 13 the school district to the attendance centers. 14 Notwithstanding the foregoing provisions of this subsection 15 5(i)(1) or any other law to the contrary, beginning with the 16 1995-1996 school year and for each school year thereafter, 17 the board of a school district to which the provisions of 18 this subsection apply shall be required to allocate or 19 provide to attendance centers of the district in any such 20 school year, from the State aid provided for the district 21 under this Section by application of the Chapter 1 weighting 22 factor, an aggregate amount of not less than $261,000,000 of 23 State Chapter 1 funds. Any State Chapter 1 funds that by 24 reason of the provisions of this paragraph are not required 25 to be allocated and provided to attendance centers may be 26 used and appropriated by the board of the district for any 27 lawful school purpose. Chapter 1 funds received by an 28 attendance center (except those funds set aside for 29 desegregation programs and related transportation to 30 students) shall be used on the schedule cited in this Section 31 at the attendance center at the discretion of the principal 32 and local school council for programs to improve educational 33 opportunities at qualifying schools through the following 34 programs and services: early childhood education, reduced -15- LRB9005220EGfg 1 class size or improved adult to student classroom ratio, 2 enrichment programs, remedial assistance, attendance 3 improvement and other educationally beneficial expenditures 4 which supplement the regular and basic programs as determined 5 by the State Board of Education. Chapter 1 funds shall not 6 be expended for any political or lobbying purposes as defined 7 by board rule. (d) Each district subject to the provisions of 8 this paragraph shall submit an acceptable plan to meet the 9 educational needs of disadvantaged children, in compliance 10 with the requirements of this paragraph, to the State Board 11 of Education prior to July 15 of each year. This plan shall 12 be consistent with the decisions of local school councils 13 concerning the school expenditure plans developed in 14 accordance with part 4 of Section 34-2.3. The State Board 15 shall approve or reject the plan within 60 days after its 16 submission. If the plan is rejected the district shall give 17 written notice of intent to modify the plan within 15 days of 18 the notification of rejection and then submit a modified plan 19 within 30 days after the date of the written notice of intent 20 to modify. Districts may amend approved plans pursuant to 21 rules promulgated by the State Board of Education. 22 Upon notification by the State Board of Education that 23 the district has not submitted a plan prior to July 15 or a 24 modified plan within the time period specified herein, the 25 State aid funds affected by said plan or modified plan shall 26 be withheld by the State Board of Education until a plan or 27 modified plan is submitted. 28 If the district fails to distribute State aid to 29 attendance centers in accordance with an approved plan, the 30 plan for the following year shall allocate funds, in addition 31 to the funds otherwise required by this subparagraph, to 32 those attendance centers which were underfunded during the 33 previous year in amounts equal to such underfunding. 34 For purposes of determining compliance with this -16- LRB9005220EGfg 1 subsection in relation to Chapter 1 expenditures, each 2 district subject to the provisions of this subsection shall 3 submit as a separate document by December 1 of each year a 4 report of Chapter 1 expenditure data for the prior year in 5 addition to any modification of its current plan. If it is 6 determined that there has been a failure to comply with the 7 expenditure provisions of this subsection regarding 8 contravention or supplanting, the State Superintendent of 9 Education shall, within 60 days of receipt of the report, 10 notify the district and any affected local school council. 11 The district shall within 45 days of receipt of that 12 notification inform the State Superintendent of Education of 13 the remedial or corrective action to be taken, whether by 14 amendment of the current plan, if feasible, or by adjustment 15 in the plan for the following year. Failure to provide the 16 expenditure report or the notification of remedial or 17 corrective action in a timely manner shall result in a 18 withholding of the affected funds. 19 The State Board of Education shall promulgate rules and 20 regulations to implement the provisions of this subsection 21 5(i)(1). No funds shall be released under subsection 1(n) of 22 this Section or under this subsection 5(i)(1) to any district 23 which has not submitted a plan which has been approved by the 24 State Board of Education. 25 (2) School districts with an average daily attendance of 26 more than 1,000 and less than 50,000 and having a low income 27 pupil weighting factor in excess of .53 shall submit a plan 28 to the State Board of Education prior to October 30 of each 29 year for the use of the funds resulting from the application 30 of subsection 1(n) of this Section for the improvement of 31 instruction in which priority is given to meeting the 32 education needs of disadvantaged children. Such plan shall 33 be submitted in accordance with rules and regulations 34 promulgated by the State Board of Education. -17- LRB9005220EGfg 1 (j) For the purposes of calculating State aid under this 2 Section, with respect to any part of a school district within 3 a redevelopment project area in respect to which a 4 municipality has adopted tax increment allocation financing 5 pursuant to the Tax Increment Allocation Redevelopment Act, 6 Sections 11-74.4-1 through 11-74.4-11 of the Illinois 7 Municipal Code or the Industrial Jobs Recovery Law, Sections 8 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code, 9 no part of the current equalized assessed valuation of real 10 property located in any such project area which is 11 attributable to an increase above the total initial equalized 12 assessed valuation of such property shall be used in 13 computing the equalized assessed valuation per weighted ADA 14 pupil in the district, until such time as all redevelopment 15 project costs have been paid, as provided in Section 16 11-74.4-8 of the Tax Increment Allocation Redevelopment Act 17 or in Section 11-74.6-35 of the Industrial Jobs Recovery Law. 18 For the purpose of computing the equalized assessed valuation 19 per weighted ADA pupil in the district the total initial 20 equalized assessed valuation or the current equalized 21 assessed valuation, whichever is lower, shall be used until 22 such time as all redevelopment project costs have been paid. 23 (k) For a school district operating under the financial 24 supervision of an Authority created under Article 34A, the 25 State aid otherwise payable to that district under this 26 Section, other than State aid attributable to Chapter 1 27 students, shall be reduced by an amount equal to the budget 28 for the operations of the Authority as certified by the 29 Authority to the State Board of Education, and an amount 30 equal to such reduction shall be paid to the Authority 31 created for such district for its operating expenses in the 32 manner provided in Section 18-11. The remainder of State 33 school aid for any such district shall be paid in accordance 34 with Article 34A when that Article provides for a disposition -18- LRB9005220EGfg 1 other than that provided by this Article. 2 (l) For purposes of calculating State aid under this 3 Section, the equalized assessed valuation for a school 4 district used to compute State aid shall be determined by 5 adding to the real property equalized assessed valuation for 6 the district an amount computed by dividing the amount of 7 money received by the district under the provisions of "An 8 Act in relation to the abolition of ad valorem personal 9 property tax and the replacement of revenues lost thereby", 10 certified August 14, 1979, by the total tax rate for the 11 district. For purposes of this subsection 1976 tax rates 12 shall be used for school districts in the county of Cook and 13 1977 tax rates shall be used for school districts in all 14 other counties. 15 (m) (1) For a new school district formed by combining 16 property included totally within 2 or more previously 17 existing school districts, for its first year of existence or 18 if the new district was formed after October 31, 1982 and 19 prior to September 23, 1985, for the year immediately 20 following September 23, 1985, the State aid calculated under 21 this Section shall be computed for the new district and for 22 the previously existing districts for which property is 23 totally included within the new district. If the computation 24 on the basis of the previously existing districts is greater, 25 a supplementary payment equal to the difference shall be made 26 for the first 3 years of existence of the new district or if 27 the new district was formed after October 31, 1982 and prior 28 to September 23, 1985, for the 3 years immediately following 29 September 23, 1985. 30 (2) For a school district which annexes all of the 31 territory of one or more entire other school districts, for 32 the first year during which the change of boundaries 33 attributable to such annexation becomes effective for all 34 purposes as determined under Section 7-9 or 7A-8, the State -19- LRB9005220EGfg 1 aid calculated under this Section shall be computed for the 2 annexing district as constituted after the annexation and for 3 the annexing and each annexed district as constituted prior 4 to the annexation; and if the computation on the basis of the 5 annexing and annexed districts as constituted prior to the 6 annexation is greater, a supplementary payment equal to the 7 difference shall be made for the first 3 years of existence 8 of the annexing school district as constituted upon such 9 annexation. 10 (3) For 2 or more school districts which annex all of 11 the territory of one or more entire other school districts, 12 and for 2 or more community unit districts which result upon 13 the division (pursuant to petition under Section 11A-2) of 14 one or more other unit school districts into 2 or more parts 15 and which together include all of the parts into which such 16 other unit school district or districts are so divided, for 17 the first year during which the change of boundaries 18 attributable to such annexation or division becomes effective 19 for all purposes as determined under Section 7-9 or 11A-10, 20 as the case may be, the State aid calculated under this 21 Section shall be computed for each annexing or resulting 22 district as constituted after the annexation or division and 23 for each annexing and annexed district, or for each resulting 24 and divided district, as constituted prior to the annexation 25 or division; and if the aggregate of the State aid as so 26 computed for the annexing or resulting districts as 27 constituted after the annexation or division is less than the 28 aggregate of the State aid as so computed for the annexing 29 and annexed districts, or for the resulting and divided 30 districts, as constituted prior to the annexation or 31 division, then a supplementary payment equal to the 32 difference shall be made and allocated between or among the 33 annexing or resulting districts, as constituted upon such 34 annexation or division, for the first 3 years of their -20- LRB9005220EGfg 1 existence. The total difference payment shall be allocated 2 between or among the annexing or resulting districts in the 3 same ratio as the pupil enrollment from that portion of the 4 annexed or divided district or districts which is annexed to 5 or included in each such annexing or resulting district bears 6 to the total pupil enrollment from the entire annexed or 7 divided district or districts, as such pupil enrollment is 8 determined for the school year last ending prior to the date 9 when the change of boundaries attributable to the annexation 10 or division becomes effective for all purposes. The amount 11 of the total difference payment and the amount thereof to be 12 allocated to the annexing or resulting districts shall be 13 computed by the State Board of Education on the basis of 14 pupil enrollment and other data which shall be certified to 15 the State Board of Education, on forms which it shall provide 16 for that purpose, by the regional superintendent of schools 17 for each educational service region in which the annexing and 18 annexed districts, or resulting and divided districts are 19 located. 20 (4) If a unit school district annexes all the territory 21 of another unit school district effective for all purposes 22 pursuant to Section 7-9 on July 1, 1988, and if part of the 23 annexed territory is detached within 90 days after July 1, 24 1988, then the detachment shall be disregarded in computing 25 the supplementary State aid payments under this paragraph (m) 26 for the entire 3 year period and the supplementary State aid 27 payments shall not be diminished because of the detachment. 28 (5) Any supplementary State aid payment made under this 29 paragraph (m) shall be treated as separate from all other 30 payments made pursuant to this Section. 31 (n) For the purposes of calculating State aid under this 32 Section, the real property equalized assessed valuation for a 33 school district used to compute State aid shall be determined 34 by subtracting from the real property value as equalized or -21- LRB9005220EGfg 1 assessed by the Department of Revenue for the district an 2 amount computed by dividing the amount of any abatement of 3 taxes under Section 18-170 of the Property Tax Code by the 4 maximum operating tax rates specified in subsection 5(c) of 5 this Section and an amount computed by dividing the amount of 6 any abatement of taxes under subsection (a) of Section 18-165 7 of the Property Tax Code by the maximum operating tax rates 8 specified in subsection 5(c) of this Section. 9 (o) Notwithstanding any other provisions of this 10 Section, for the 1996-1997 school year the amount of the 11 aggregate general State aid entitlement that is received 12 under this Section by each school district for that school 13 year shall be not less than the amount of the aggregate 14 general State aid entitlement that was received by the 15 district under this Section for the 1995-1996 school year. If 16 a school district is to receive an aggregate general State 17 aid entitlement under this Section for the 1996-1997 school 18 year that is less than the amount of the aggregate general 19 State aid entitlement that the district received under this 20 Section for the 1995-1996 school year, the school district 21 shall also receive, from a separate appropriation made for 22 purposes of this paragraph (o), a supplementary payment that 23 is equal to the amount by which the general State aid 24 entitlement received by the district under this Section for 25 the 1995-1996 school year exceeds the general State aid 26 entitlement that the district is to receive under this 27 Section for the 1996-1997 school year. If the amount 28 appropriated for supplementary payments to school districts 29 under this paragraph (o) is insufficient for that purpose, 30 the supplementary payments that districts are to receive 31 under this paragraph shall be prorated according to the 32 aggregate amount of the appropriation made for purposes of 33 this paragraph. 34 B. In calculating the amount to be paid to the governing -22- LRB9005220EGfg 1 board of a public university that operates a laboratory 2 school under this Section or to any alternative school that 3 is operated by a regional superintendent, the State Board of 4 Education shall require by rule such reporting requirements 5 as it deems necessary. 6 As used in this Section, "laboratory school" means a 7 public school which is created and operated by a public 8 university and approved by the State Board of Education. The 9 governing board of a public university which receives funds 10 from the State Board under this subsection B may not increase 11 the number of students enrolled in its laboratory school from 12 a single district, if that district is already sending 50 or 13 more students, except under a mutual agreement between the 14 school board of a student's district of residence and the 15 university which operates the laboratory school. A 16 laboratory school may not have more than 1,000 students, 17 excluding students with disabilities in a special education 18 program. 19 As used in this Section, "alternative school" means a 20 public school which is created and operated by a Regional 21 Superintendent of Schools and approved by the State Board of 22 Education. Such alternative schools may offer courses of 23 instruction for which credit is given in regular school 24 programs, courses to prepare students for the high school 25 equivalency testing program or vocational and occupational 26 training. 27 Each laboratory and alternative school shall file, on 28 forms provided by the State Superintendent of Education, an 29 annual State aid claim which states the average daily 30 attendance of the school's students by month. The best 3 31 months' average daily attendance shall be computed for each 32 school. The weighted average daily attendance shall be 33 computed and the weighted average daily attendance for the 34 school's most recent 3 year average shall be compared to the -23- LRB9005220EGfg 1 most recent weighted average daily attendance, and the 2 greater of the 2 shall be used for the calculation under this 3 subsection B. The general State aid entitlement shall be 4 computed by multiplying the school's student count by the 5 foundation level as determined under this Section. 6 (Source: P.A. 88-9; 88-45; 88-89; 88-386; 88-511; 88-537; 7 88-555; 88-641; 88-670, eff. 12-2-94; 89-15, eff. 5-30-95; 8 89-235, eff. 8-4-95; 89-397, eff. 8-20-95; 89-610, eff. 9 8-6-96; 89-618, eff. 8-9-96; 89-626, eff. 8-9-96; 89-679, 10 eff. 8-16-96; revised 9-10-96.)