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90_SB0242
105 ILCS 5/18-8 from Ch. 122, par. 18-8
105 ILCS 5/18-10 from Ch. 122, par. 18-10
105 ILCS 5/18-12 from Ch. 122, par. 18-12
Amends the School Code to make changes in Sections
relating to the State aid formula and the provisions relating
to eligibility to file and the date for filing State aid
claims. Changes the average daily attendance component of
the formula by which State aid is computed from an average
daily attendance basis to an average daily membership basis.
Effective immediately.
LRB9002062THdv
LRB9002062THdv
1 AN ACT to amend the School Code by changing Sections
2 18-8, 18-10, and 18-12.
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 Sections 18-8, 18-10, and 18-12 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 membership attendance of all pupils in
16 grades 9 through 12 shall be multiplied by 1.25. The average
17 daily membership attendance of all pupils in grades 7 and 8
18 shall be multiplied by 1.05.
19 (b) The actual number of pupils in average daily
20 membership attendance shall be computed in a one-teacher
21 school district by dividing the total aggregate days of pupil
22 membership attendance by the actual number of days school is
23 in session but not more than 30 such pupils shall be
24 accredited for such type of district; and in districts of 2
25 or more teachers, or in districts where records of membership
26 attendance are kept by session teachers, by taking the sum of
27 the respective averages of the units composing the group.
28 (c) Pupils in average daily membership attendance shall
29 be computed upon the average of the best 3 months of pupils
30 membership attendance of the current school year except as
31 district claims may be later amended as provided hereinafter
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1 in this Section. However, for any school district maintaining
2 grades kindergarten through 12, the "average daily membership
3 attendance" shall be computed on the average of the best 3
4 months of pupils membership attendance of the current year in
5 grades kindergarten through 8, added together with the
6 average of the best 3 months of pupils membership attendance
7 of the current year in grades 9 through 12, except as
8 district claims may be later amended as provided in this
9 Section. Days of membership attendance shall be kept by
10 regular calendar months, except any days of membership
11 attendance in August shall be added to the month of September
12 and any days of membership attendance in June shall be added
13 to the month of May. Except as otherwise provided in this
14 Section, days of membership attendance by pupils shall be
15 counted only for sessions of not less than 5 clock hours of
16 school work per day under direct supervision of: (i)
17 teachers, or (ii) non-teaching personnel or volunteer
18 personnel when engaging in non-teaching duties and
19 supervising in those instances specified in subsection (a) of
20 Section 10-22.34 and paragraph 10 of Section 34-18, with
21 pupils of legal school age and in kindergarten and grades 1
22 through 12.
23 (d) Pupils regularly enrolled in a public school for
24 only a part of the school day may be counted on the basis of
25 1/6 day for every class hour of instruction of 40 minutes or
26 more attended pursuant to such enrollment.
27 (e) Days of membership attendance may be less than 5
28 clock hours on the opening and closing of the school term,
29 and upon the first day of pupil membership attendance, if
30 preceded by a day or days utilized as an institute or
31 teachers' workshop.
32 (f) A session of 4 or more clock hours may be counted as
33 a day of membership attendance upon certification by the
34 regional superintendent, and approved by the State
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1 Superintendent of Education to the extent that the district
2 has been forced to use daily multiple sessions.
3 (g) A session of 3 or more clock hours may be counted as
4 a day of membership attendance (1) when the remainder of the
5 school day or at least 2 hours in the evening of that day is
6 utilized for an in-service training program for teachers, up
7 to a maximum of 5 days per school year of which a maximum of
8 4 days of such 5 days may be used for parent-teacher
9 conferences, provided a district conducts an in-service
10 training program for teachers which has been approved by the
11 State Superintendent of Education; or, in lieu of 4 such
12 days, 2 full days may be used, in which event each such day
13 may be counted as a day of membership attendance; and (2)
14 when days in addition to those provided in item (1) are
15 scheduled by a school pursuant to its school improvement plan
16 adopted under Article 34 or its revised or amended school
17 improvement plan adopted under Article 2, provided that (i)
18 such sessions of 3 or more clock hours are scheduled to occur
19 at regular intervals, (ii) the remainder of the school days
20 in which such sessions occur are utilized for in-service
21 training programs or other staff development activities for
22 teachers, and (iii) a sufficient number of minutes of school
23 work under the direct supervision of teachers are added to
24 the school days between such regularly scheduled sessions to
25 accumulate not less than the number of minutes by which such
26 sessions of 3 or more clock hours fall short of 5 clock
27 hours. Any full days used for the purposes of this paragraph
28 shall not be considered for computing average daily
29 membership attendance. Days scheduled for in-service
30 training programs, staff development activities, or
31 parent-teacher conferences may be scheduled separately for
32 different grade levels and different membership attendance
33 centers of the district.
34 (h) A session of not less than one clock hour teaching
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1 of hospitalized or homebound pupils on-site or by telephone
2 to the classroom may be counted as 1/2 day of membership
3 attendance, however these pupils must receive 4 or more clock
4 hours of instruction to be counted for a full day of
5 membership attendance.
6 (i) A session of at least 4 clock hours may be counted
7 as a day of membership attendance for first grade pupils, and
8 pupils in full day kindergartens, and a session of 2 or more
9 hours may be counted as 1/2 day of membership attendance by
10 pupils in kindergartens which provide only 1/2 day of
11 membership attendance.
12 (j) For children with disabilities who are below the age
13 of 6 years and who cannot attend two or more clock hours
14 because of their disability or immaturity, a session of not
15 less than one clock hour may be counted as 1/2 day of
16 membership attendance; however for such children whose
17 educational needs so require a session of 4 or more clock
18 hours may be counted as a full day of membership attendance.
19 (k) A recognized kindergarten which provides for only
20 1/2 day of membership attendance by each pupil shall not have
21 more than 1/2 day of membership attendance counted in any 1
22 day. However, kindergartens may count 2 1/2 days of
23 membership attendance in any 5 consecutive school days.
24 Where a pupil attends such a kindergarten for 2 half days on
25 any one school day, such pupil shall have the following day
26 as a day absent from school, unless the school district
27 obtains permission in writing from the State Superintendent
28 of Education. Membership Attendance at kindergartens which
29 provide for a full day of membership attendance by each pupil
30 shall be counted the same as membership attendance by first
31 grade pupils. Only the first year of membership attendance in
32 one kindergarten shall be counted except in case of children
33 who entered the kindergarten in their fifth year whose
34 educational development requires a second year of
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1 kindergarten as determined under the rules and regulations of
2 the State Board of Education.
3 (l) Days of membership attendance by tuition pupils
4 shall be accredited only to the districts that pay the
5 tuition to a recognized school.
6 (m) The greater of the immediately preceding year's
7 weighted average daily membership attendance or the average
8 of the weighted average daily membership attendance of the
9 immediately preceding year and the previous 2 years shall be
10 used.
11 For any school year beginning July 1, 1986 or thereafter,
12 if the weighted average daily membership attendance in either
13 grades kindergarten through 8 or grades 9 through 12 of a
14 district as computed for the first calendar month of the
15 current school year exceeds by more than 5%, but not less
16 than 25 pupils, the district's weighted average daily
17 membership attendance for the first calendar month of the
18 immediately preceding year in, respectively, grades
19 kindergarten through 8 or grades 9 through 12, a
20 supplementary payment shall be made to the district equal to
21 the difference in the amount of aid the district would be
22 paid under this Section using the weighted average daily
23 membership attendance in the district as computed for the
24 first calendar month of the current school year and the
25 amount of aid the district would be paid using the weighted
26 average daily membership attendance in the district for the
27 first calendar month of the immediately preceding year. Such
28 supplementary State aid payment shall be paid to the district
29 as provided in Section 18-8.4 and shall be treated as
30 separate from all other payments made pursuant to this
31 Section 18-8.
32 (n) The number of low income eligible pupils in a
33 district shall result in an increase in the weighted average
34 daily membership attendance calculated as follows: The number
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1 of low income pupils shall increase the weighted ADM ADA by
2 .53 for each student adjusted by dividing the percent of low
3 income eligible pupils in the district by the ratio of
4 eligible low income pupils in the State to the best 3 months'
5 weighted average daily membership attendance in the State.
6 In no case may the adjustment under this paragraph result in
7 a greater weighting than .625 for each eligible low income
8 student. The number of low income eligible pupils in a
9 district shall be the low-income eligible count from the most
10 recently available federal census and the weighted average
11 daily membership attendance shall be calculated in accordance
12 with the other provisions of this paragraph.
13 (o) Any school district which fails for any given school
14 year to maintain school as required by law, or to maintain a
15 recognized school is not eligible to file for such school
16 year any claim upon the common school fund. In case of
17 nonrecognition of one or more membership attendance centers
18 in a school district otherwise operating recognized schools,
19 the claim of the district shall be reduced in the proportion
20 which the average daily membership attendance in the
21 membership attendance center or centers bear to the average
22 daily membership attendance in the school district. A
23 "recognized school" means any public school which meets the
24 standards as established for recognition by the State Board
25 of Education. A school district or membership attendance
26 center not having recognition status at the end of a school
27 term is entitled to receive State aid payments due upon a
28 legal claim which was filed while it was recognized.
29 (p) School district claims filed under this Section are
30 subject to Sections 18-9, 18-10 and 18-12, except as herein
31 otherwise provided.
32 (q) The State Board of Education shall secure from the
33 Department of Revenue the value as equalized or assessed by
34 the Department of Revenue of all taxable property of every
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1 school district together with the applicable tax rate used in
2 extending taxes for the funds of the district as of September
3 30 of the previous year. The Department of Revenue shall add
4 to the equalized assessed value of all taxable property of
5 each school district situated entirely or partially within a
6 county with 2,000,000 or more inhabitants an amount equal to
7 the total amount by which the homestead exemptions allowed
8 under Sections 15-170 and 15-175 of the Property Tax Code for
9 real property situated in that school district exceeds the
10 total amount that would have been allowed in that school
11 district as homestead exemptions under those Sections if the
12 maximum reduction under Section 15-170 of the Property Tax
13 Code was $2,000 and the maximum reduction under Section
14 15-175 of the Property Tax Code was $3,500. The county clerk
15 of any county with 2,000,000 or more inhabitants shall
16 annually calculate and certify to the Department for each
17 school district all homestead exemption amounts required by
18 this amendatory Act of 1992. In a new district which has not
19 had any tax rates yet determined for extension of taxes, a
20 leveled uniform rate shall be computed from the latest amount
21 of the fund taxes extended on the several areas within such
22 new district.
23 (r) If a school district operates a full year school
24 under Section 10-19.1, the general state aid to the school
25 district shall be determined by the State Board of Education
26 in accordance with this Section as near as may be applicable.
27 2. New or recomputed claim. The general State aid
28 entitlement for a newly created school district or a district
29 which has annexed an entire school district shall be computed
30 using membership attendance, compensatory pupil counts,
31 equalized assessed valuation, and tax rate data which would
32 have been used had the district been in existence for 3
33 years. General State aid entitlements shall not be recomputed
34 except as permitted herein.
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1 3. Impaction. Impaction payments shall be made as
2 provided for in Section 18-4.2.
3 4. Summer school. Summer school payments shall be made
4 as provided in Section 18-4.3.
5 5. Computation of State aid. The State grant shall be
6 determined as follows:
7 (a) The State shall guarantee the amount of money that a
8 district's operating tax rate as limited in other Sections of
9 this Act would produce if every district maintaining grades
10 kindergarten through 12 had an equalized assessed valuation
11 equal to $74,791 per weighted ADM ADA pupil; every district
12 maintaining grades kindergarten through 8 had an equalized
13 assessed valuation of $108,644 per weighted ADM ADA pupil;
14 and every district maintaining grades 9 through 12 had an
15 equalized assessed valuation of $187,657 per weighted ADM ADA
16 pupil. The State Board of Education shall adjust the
17 equalized assessed valuation amounts stated in this
18 paragraph, if necessary, to conform to the amount of the
19 appropriation approved for any fiscal year.
20 (b) The operating tax rate to be used shall consist of
21 all district taxes extended for all purposes except community
22 college educational purposes for the payment of tuition under
23 Section 6-1 of the Public Community College Act, Bond and
24 Interest, Summer School, Rent, Capital Improvement and
25 Vocational Education Building. Any district may elect to
26 exclude Transportation from the calculation of its operating
27 tax rate. Districts may include taxes extended for the
28 payment of principal and interest on bonds issued under the
29 provisions of Sections 17-2.11a and 20-2 at a rate of .05%
30 per year for each purpose or the actual rate extended,
31 whichever is less.
32 (c) For calculation of aid under this Act a district
33 shall use the combined authorized tax rates of all funds not
34 exempt in (b) above, not to exceed 2.76% of the value of all
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1 its taxable property as equalized or assessed by the
2 Department of Revenue for districts maintaining grades
3 kindergarten through 12; 1.90% of the value of all its
4 taxable property as equalized or assessed by the Department
5 of Revenue for districts maintaining grades kindergarten
6 through 8 only; 1.10% of the value of all its taxable
7 property as equalized or assessed by the Department of
8 Revenue for districts maintaining grades 9 through 12 only.
9 A district may, however, as provided in Article 17, increase
10 its operating tax rate above the maximum rate provided in
11 this subsection without affecting the amount of State aid to
12 which it is entitled under this Act.
13 (d) (1) For districts maintaining grades kindergarten
14 through 12 with an operating tax rate as described in
15 subsections 5(b) and (c) of less than 2.18%, and districts
16 maintaining grades kindergarten through 8 with an operating
17 tax rate of less than 1.28%, State aid shall be computed by
18 multiplying the difference between the guaranteed equalized
19 assessed valuation per weighted ADM ADA pupil in subsection
20 5(a) and the equalized assessed valuation per weighted ADM
21 ADA pupil in the district by the operating tax rate,
22 multiplied by the weighted average daily membership
23 attendance of the district; provided, however, that for the
24 1989-1990 school year only, a school district maintaining
25 grades kindergarten through 8 whose operating tax rate with
26 reference to which its general State aid for the 1989-1990
27 school year is determined is less than 1.28% and more than
28 1.090%, and which had an operating tax rate of 1.28% or more
29 for the previous year, shall have its general State aid
30 computed according to the provisions of subsection 5(d)(2).
31 (2) For districts maintaining grades kindergarten
32 through 12 with an operating tax rate as described in
33 subsection 5(b) and (c) of 2.18% and above, the State aid
34 shall be computed as provided in subsection (d) (1) but as
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1 though the district had an operating tax rate of 2.76%; in
2 K-8 districts with an operating tax rate of 1.28% and above,
3 the State aid shall be computed as provided in subsection (d)
4 (1) but as though the district had an operating tax rate of
5 1.90%; and in 9-12 districts, the State aid shall be computed
6 by multiplying the difference between the guaranteed
7 equalized assessed valuation per weighted average daily
8 membership attendance pupil in subsection 5(a) and the
9 equalized assessed valuation per weighted average daily
10 membership attendance pupil in the district by the operating
11 tax rate, not to exceed 1.10%, multiplied by the weighted
12 average daily membership attendance of the district. State
13 aid computed under the provisions of this subsection (d) (2)
14 shall be treated as separate from all other payments made
15 pursuant to this Section. The State Comptroller and State
16 Treasurer shall transfer from the General Revenue Fund to the
17 Common School Fund the amounts necessary to permit these
18 claims to be paid in equal installments along with other
19 State aid payments remaining to be made for the 1983-1984
20 school year under this Section.
21 (3) For any school district whose 1995 equalized
22 assessed valuation is at least 6% less than its 1994
23 equalized assessed valuation as the result of a reduction in
24 the equalized assessed valuation of the taxable property
25 within such district of any one taxpayer whose taxable
26 property within the district has a 1994 equalized assessed
27 valuation constituting at least 20% of the 1994 equalized
28 assessed valuation of all taxable property within the
29 district, the 1996-97 State aid of such district shall be
30 computed using its 1995 equalized assessed valuation.
31 (4) For any school district whose 1988 equalized
32 assessed valuation is 55% or less of its 1981 equalized
33 assessed valuation, the 1990-91 State aid of such district
34 shall be computed by multiplying the 1988 equalized assessed
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1 valuation by a factor of .8. Any such school district which
2 is reorganized effective for the 1991-92 school year shall
3 use the formula provided in this subparagraph for purposes of
4 the calculation made pursuant to subsection (m) of this
5 Section.
6 (e) The amount of State aid shall be computed under the
7 provisions of subsections 5(a) through 5(d) provided the
8 equalized assessed valuation per weighted ADM ADA pupil is
9 less than .87 of the amounts in subsection 5(a). If the
10 equalized assessed valuation per weighted ADM ADA pupil is
11 equal to or greater than .87 of the amounts in subsection
12 5(a), the State aid shall be computed under the provisions of
13 subsection 5(f).
14 (f) If the equalized assessed valuation per weighted ADM
15 ADA pupil is equal to or greater than .87 of the amounts in
16 subsection 5(a), the State aid per weighted ADM ADA pupil
17 shall be computed by multiplying the product of .13 times the
18 maximum per pupil amount computed under the provisions of
19 subsections 5(a) through 5(d) by an amount equal to the
20 quotient of .87 times the equalized assessed valuation per
21 weighted ADM ADA pupil in subsection 5(a) for that type of
22 district divided by the district equalized valuation per
23 weighted ADM ADA pupil except in no case shall the district
24 receive State aid per weighted ADM ADA pupil of less than .07
25 times the maximum per pupil amount computed under the
26 provisions of subsections 5(a) through 5(d).
27 (g) In addition to the above grants, summer school
28 grants shall be made based upon the calculation as provided
29 in subsection 4 of this Section.
30 (h) The board of any district receiving any of the
31 grants provided for in this Section may apply those funds to
32 any fund so received for which that board is authorized to
33 make expenditures by law.
34 (i) (1) (a) In school districts with an average daily
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1 membership attendance of 50,000 or more, the amount which is
2 provided under subsection 1(n) of this Section by the
3 application of a base Chapter 1 weighting factor of .375
4 shall be distributed to the membership attendance centers
5 within the district in proportion to the number of pupils
6 enrolled at each membership attendance center who are
7 eligible to receive free or reduced-price lunches or
8 breakfasts under the federal Child Nutrition Act of 1966 and
9 under the National School Lunch Act during the immediately
10 preceding school year. The amount of State aid provided
11 under subsection 1(n) of this Section by the application of
12 the Chapter 1 weighting factor in excess of .375 shall be
13 distributed to the membership attendance centers within the
14 district in proportion to the total enrollment at each
15 membership attendance center. Beginning with school year
16 1989-90, and each school year thereafter, all funds provided
17 under subsection 1 (n) of this Section by the application of
18 the Chapter 1 weighting factor which are in excess of the
19 level of non-targeted Chapter 1 funds in school year 1988-89
20 shall be distributed to membership attendance centers, and
21 only to membership attendance centers, within the district in
22 proportion to the number of pupils enrolled at each
23 membership attendance center who are eligible to receive free
24 or reduced price lunches or breakfasts under the Federal
25 Child Nutrition Act and under the National School Lunch Act
26 during the immediately preceding school year. Beginning in
27 school year 1989-90, 25% of the previously non-targeted
28 Chapter 1 funds as established for school year 1988-89 shall
29 also be distributed to the membership attendance centers, and
30 only to membership attendance centers, in the district in
31 proportion to the number of pupils enrolled at each
32 membership attendance center who are eligible to receive free
33 or reduced price lunches or breakfasts under the Federal
34 Child Nutrition Act and under the National School Lunch Act
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1 during the immediately preceding school year; in school year
2 1990-91, 50% of the previously non-targeted Chapter 1 funds
3 as established for school year 1988-89 shall be distributed
4 to membership attendance centers, and only to membership
5 attendance centers, in the district in proportion to the
6 number of pupils enrolled at each membership attendance
7 center who are eligible to receive such free or reduced price
8 lunches or breakfasts during the immediately preceding school
9 year; in school year 1991-92, 75% of the previously
10 non-targeted Chapter 1 funds as established for school year
11 1988-89 shall be distributed to membership attendance
12 centers, and only to membership attendance centers, in the
13 district in proportion to the number of pupils enrolled at
14 each membership attendance center who are eligible to receive
15 such free or reduced price lunches or breakfasts during the
16 immediately preceding school year; in school year 1992-93 and
17 thereafter, all funds provided under subsection 1 (n) of this
18 Section by the application of the Chapter 1 weighting factor
19 shall be distributed to membership attendance centers, and
20 only to membership attendance centers, in the district in
21 proportion to the number of pupils enrolled at each
22 membership attendance center who are eligible to receive free
23 or reduced price lunches or breakfasts under the Federal
24 Child Nutrition Act and under the National School Lunch Act
25 during the immediately preceding school year; provided,
26 however, that the distribution formula in effect beginning
27 with school year 1989-90 shall not be applicable to such
28 portion of State aid provided under subsection 1 (n) of this
29 Section by the application of the Chapter 1 weighting formula
30 as is set aside and appropriated by the school district for
31 the purpose of providing desegregation programs and related
32 transportation to students (which portion shall not exceed 5%
33 of the total amount of State aid which is provided under
34 subsection 1 (n) of this Section by application of the
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1 Chapter 1 weighting formula), and the relevant percentages
2 shall be applied to the remaining portion of such State aid.
3 The distribution of these portions of general State aid among
4 membership attendance centers according to these requirements
5 shall not be compensated for or contravened by adjustments of
6 the total of other funds appropriated to any membership
7 attendance centers. (b) The Board of Education shall
8 utilize funding from one or several sources in order to fully
9 implement this provision annually prior to the opening of
10 school. The Board of Education shall apply savings from
11 reduced administrative costs required under Section 34-43.1
12 and growth in non-Chapter 1 State and local funds to assure
13 that all membership attendance centers receive funding to
14 replace losses due to redistribution of Chapter 1 funding.
15 The distribution formula and funding to replace losses due to
16 the distribution formula shall occur, in full, using any and
17 all sources available, including, if necessary, revenue from
18 administrative reductions beyond those required in Section
19 34-43.1, in order to provide the necessary funds. (c) Each
20 membership attendance center shall be provided by the school
21 district a distribution of noncategorical funds and other
22 categorical funds to which a membership an attendance center
23 is entitled under law in order that the State aid provided by
24 application of the Chapter 1 weighting factor and required to
25 be distributed among membership attendance centers according
26 to the requirements of this paragraph supplements rather than
27 supplants the noncategorical funds and other categorical
28 funds provided by the school district to the membership
29 attendance centers. Notwithstanding the foregoing provisions
30 of this subsection 5(i)(1) or any other law to the contrary,
31 beginning with the 1995-1996 school year and for each school
32 year thereafter, the board of a school district to which the
33 provisions of this subsection apply shall be required to
34 allocate or provide to membership attendance centers of the
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1 district in any such school year, from the State aid provided
2 for the district under this Section by application of the
3 Chapter 1 weighting factor, an aggregate amount of not less
4 than $261,000,000 of State Chapter 1 funds. Any State Chapter
5 1 funds that by reason of the provisions of this paragraph
6 are not required to be allocated and provided to membership
7 attendance centers may be used and appropriated by the board
8 of the district for any lawful school purpose. Chapter 1
9 funds received by a membership an attendance center (except
10 those funds set aside for desegregation programs and related
11 transportation to students) shall be used on the schedule
12 cited in this Section at the membership attendance center at
13 the discretion of the principal and local school council for
14 programs to improve educational opportunities at qualifying
15 schools through the following programs and services: early
16 childhood education, reduced class size or improved adult to
17 student classroom ratio, enrichment programs, remedial
18 assistance, membership attendance improvement and other
19 educationally beneficial expenditures which supplement the
20 regular and basic programs as determined by the State Board
21 of Education. Chapter 1 funds shall not be expended for any
22 political or lobbying purposes as defined by board rule. (d)
23 Each district subject to the provisions of this paragraph
24 shall submit an acceptable plan to meet the educational needs
25 of disadvantaged children, in compliance with the
26 requirements of this paragraph, to the State Board of
27 Education prior to July 15 of each year. This plan shall be
28 consistent with the decisions of local school councils
29 concerning the school expenditure plans developed in
30 accordance with part 4 of Section 34-2.3. The State Board
31 shall approve or reject the plan within 60 days after its
32 submission. If the plan is rejected the district shall give
33 written notice of intent to modify the plan within 15 days of
34 the notification of rejection and then submit a modified plan
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1 within 30 days after the date of the written notice of intent
2 to modify. Districts may amend approved plans pursuant to
3 rules promulgated by the State Board of Education.
4 Upon notification by the State Board of Education that
5 the district has not submitted a plan prior to July 15 or a
6 modified plan within the time period specified herein, the
7 State aid funds affected by said plan or modified plan shall
8 be withheld by the State Board of Education until a plan or
9 modified plan is submitted.
10 If the district fails to distribute State aid to
11 membership attendance centers in accordance with an approved
12 plan, the plan for the following year shall allocate funds,
13 in addition to the funds otherwise required by this
14 subparagraph, to those membership attendance centers which
15 were underfunded during the previous year in amounts equal to
16 such underfunding.
17 For purposes of determining compliance with this
18 subsection in relation to Chapter 1 expenditures, each
19 district subject to the provisions of this subsection shall
20 submit as a separate document by December 1 of each year a
21 report of Chapter 1 expenditure data for the prior year in
22 addition to any modification of its current plan. If it is
23 determined that there has been a failure to comply with the
24 expenditure provisions of this subsection regarding
25 contravention or supplanting, the State Superintendent of
26 Education shall, within 60 days of receipt of the report,
27 notify the district and any affected local school council.
28 The district shall within 45 days of receipt of that
29 notification inform the State Superintendent of Education of
30 the remedial or corrective action to be taken, whether by
31 amendment of the current plan, if feasible, or by adjustment
32 in the plan for the following year. Failure to provide the
33 expenditure report or the notification of remedial or
34 corrective action in a timely manner shall result in a
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1 withholding of the affected funds.
2 The State Board of Education shall promulgate rules and
3 regulations to implement the provisions of this subsection
4 5(i)(1). No funds shall be released under subsection 1(n) of
5 this Section or under this subsection 5(i)(1) to any district
6 which has not submitted a plan which has been approved by the
7 State Board of Education.
8 (2) School districts with an average daily membership
9 attendance of more than 1,000 and less than 50,000 and having
10 a low income pupil weighting factor in excess of .53 shall
11 submit a plan to the State Board of Education prior to
12 October 30 of each year for the use of the funds resulting
13 from the application of subsection 1(n) of this Section for
14 the improvement of instruction in which priority is given to
15 meeting the education needs of disadvantaged children. Such
16 plan shall be submitted in accordance with rules and
17 regulations promulgated by the State Board of Education.
18 (j) For the purposes of calculating State aid under this
19 Section, with respect to any part of a school district within
20 a redevelopment project area in respect to which a
21 municipality has adopted tax increment allocation financing
22 pursuant to the Tax Increment Allocation Redevelopment Act,
23 Sections 11-74.4-1 through 11-74.4-11 of the Illinois
24 Municipal Code or the Industrial Jobs Recovery Law, Sections
25 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code,
26 no part of the current equalized assessed valuation of real
27 property located in any such project area which is
28 attributable to an increase above the total initial equalized
29 assessed valuation of such property shall be used in
30 computing the equalized assessed valuation per weighted ADM
31 ADA pupil in the district, until such time as all
32 redevelopment project costs have been paid, as provided in
33 Section 11-74.4-8 of the Tax Increment Allocation
34 Redevelopment Act or in Section 11-74.6-35 of the Industrial
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1 Jobs Recovery Law. For the purpose of computing the
2 equalized assessed valuation per weighted ADM ADA pupil in
3 the district the total initial equalized assessed valuation
4 or the current equalized assessed valuation, whichever is
5 lower, shall be used until such time as all redevelopment
6 project costs have been paid.
7 (k) For a school district operating under the financial
8 supervision of an Authority created under Article 34A, the
9 State aid otherwise payable to that district under this
10 Section, other than State aid attributable to Chapter 1
11 students, shall be reduced by an amount equal to the budget
12 for the operations of the Authority as certified by the
13 Authority to the State Board of Education, and an amount
14 equal to such reduction shall be paid to the Authority
15 created for such district for its operating expenses in the
16 manner provided in Section 18-11. The remainder of State
17 school aid for any such district shall be paid in accordance
18 with Article 34A when that Article provides for a disposition
19 other than that provided by this Article.
20 (l) For purposes of calculating State aid under this
21 Section, the equalized assessed valuation for a school
22 district used to compute State aid shall be determined by
23 adding to the real property equalized assessed valuation for
24 the district an amount computed by dividing the amount of
25 money received by the district under the provisions of "An
26 Act in relation to the abolition of ad valorem personal
27 property tax and the replacement of revenues lost thereby",
28 certified August 14, 1979, by the total tax rate for the
29 district. For purposes of this subsection 1976 tax rates
30 shall be used for school districts in the county of Cook and
31 1977 tax rates shall be used for school districts in all
32 other counties.
33 (m) (1) For a new school district formed by combining
34 property included totally within 2 or more previously
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1 existing school districts, for its first year of existence or
2 if the new district was formed after October 31, 1982 and
3 prior to September 23, 1985, for the year immediately
4 following September 23, 1985, the State aid calculated under
5 this Section shall be computed for the new district and for
6 the previously existing districts for which property is
7 totally included within the new district. If the computation
8 on the basis of the previously existing districts is greater,
9 a supplementary payment equal to the difference shall be made
10 for the first 3 years of existence of the new district or if
11 the new district was formed after October 31, 1982 and prior
12 to September 23, 1985, for the 3 years immediately following
13 September 23, 1985.
14 (2) For a school district which annexes all of the
15 territory of one or more entire other school districts, for
16 the first year during which the change of boundaries
17 attributable to such annexation becomes effective for all
18 purposes as determined under Section 7-9 or 7A-8, the State
19 aid calculated under this Section shall be computed for the
20 annexing district as constituted after the annexation and for
21 the annexing and each annexed district as constituted prior
22 to the annexation; and if the computation on the basis of the
23 annexing and annexed districts as constituted prior to the
24 annexation is greater, a supplementary payment equal to the
25 difference shall be made for the first 3 years of existence
26 of the annexing school district as constituted upon such
27 annexation.
28 (3) For 2 or more school districts which annex all of
29 the territory of one or more entire other school districts,
30 and for 2 or more community unit districts which result upon
31 the division (pursuant to petition under Section 11A-2) of
32 one or more other unit school districts into 2 or more parts
33 and which together include all of the parts into which such
34 other unit school district or districts are so divided, for
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1 the first year during which the change of boundaries
2 attributable to such annexation or division becomes effective
3 for all purposes as determined under Section 7-9 or 11A-10,
4 as the case may be, the State aid calculated under this
5 Section shall be computed for each annexing or resulting
6 district as constituted after the annexation or division and
7 for each annexing and annexed district, or for each resulting
8 and divided district, as constituted prior to the annexation
9 or division; and if the aggregate of the State aid as so
10 computed for the annexing or resulting districts as
11 constituted after the annexation or division is less than the
12 aggregate of the State aid as so computed for the annexing
13 and annexed districts, or for the resulting and divided
14 districts, as constituted prior to the annexation or
15 division, then a supplementary payment equal to the
16 difference shall be made and allocated between or among the
17 annexing or resulting districts, as constituted upon such
18 annexation or division, for the first 3 years of their
19 existence. The total difference payment shall be allocated
20 between or among the annexing or resulting districts in the
21 same ratio as the pupil enrollment from that portion of the
22 annexed or divided district or districts which is annexed to
23 or included in each such annexing or resulting district bears
24 to the total pupil enrollment from the entire annexed or
25 divided district or districts, as such pupil enrollment is
26 determined for the school year last ending prior to the date
27 when the change of boundaries attributable to the annexation
28 or division becomes effective for all purposes. The amount
29 of the total difference payment and the amount thereof to be
30 allocated to the annexing or resulting districts shall be
31 computed by the State Board of Education on the basis of
32 pupil enrollment and other data which shall be certified to
33 the State Board of Education, on forms which it shall provide
34 for that purpose, by the regional superintendent of schools
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1 for each educational service region in which the annexing and
2 annexed districts, or resulting and divided districts are
3 located.
4 (4) If a unit school district annexes all the territory
5 of another unit school district effective for all purposes
6 pursuant to Section 7-9 on July 1, 1988, and if part of the
7 annexed territory is detached within 90 days after July 1,
8 1988, then the detachment shall be disregarded in computing
9 the supplementary State aid payments under this paragraph (m)
10 for the entire 3 year period and the supplementary State aid
11 payments shall not be diminished because of the detachment.
12 (5) Any supplementary State aid payment made under this
13 paragraph (m) shall be treated as separate from all other
14 payments made pursuant to this Section.
15 (n) For the purposes of calculating State aid under this
16 Section, the real property equalized assessed valuation for a
17 school district used to compute State aid shall be determined
18 by subtracting from the real property value as equalized or
19 assessed by the Department of Revenue for the district an
20 amount computed by dividing the amount of any abatement of
21 taxes under Section 18-170 of the Property Tax Code by the
22 maximum operating tax rates specified in subsection 5(c) of
23 this Section and an amount computed by dividing the amount of
24 any abatement of taxes under subsection (a) of Section 18-165
25 of the Property Tax Code by the maximum operating tax rates
26 specified in subsection 5(c) of this Section.
27 (o) Notwithstanding any other provisions of this
28 Section, for the 1996-1997 school year the amount of the
29 aggregate general State aid entitlement that is received
30 under this Section by each school district for that school
31 year shall be not less than the amount of the aggregate
32 general State aid entitlement that was received by the
33 district under this Section for the 1995-1996 school year. If
34 a school district is to receive an aggregate general State
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1 aid entitlement under this Section for the 1996-1997 school
2 year that is less than the amount of the aggregate general
3 State aid entitlement that the district received under this
4 Section for the 1995-1996 school year, the school district
5 shall also receive, from a separate appropriation made for
6 purposes of this paragraph (o), a supplementary payment that
7 is equal to the amount by which the general State aid
8 entitlement received by the district under this Section for
9 the 1995-1996 school year exceeds the general State aid
10 entitlement that the district is to receive under this
11 Section for the 1996-1997 school year. If the amount
12 appropriated for supplementary payments to school districts
13 under this paragraph (o) is insufficient for that purpose,
14 the supplementary payments that districts are to receive
15 under this paragraph shall be prorated according to the
16 aggregate amount of the appropriation made for purposes of
17 this paragraph.
18 B. In calculating the amount to be paid to the governing
19 board of a public university that operates a laboratory
20 school under this Section or to any alternative school that
21 is operated by a regional superintendent, the State Board of
22 Education shall require by rule such reporting requirements
23 as it deems necessary.
24 As used in this Section, "laboratory school" means a
25 public school which is created and operated by a public
26 university and approved by the State Board of Education. The
27 governing board of a public university which receives funds
28 from the State Board under this subsection B may not increase
29 the number of students enrolled in its laboratory school from
30 a single district, if that district is already sending 50 or
31 more students, except under a mutual agreement between the
32 school board of a student's district of residence and the
33 university which operates the laboratory school. A
34 laboratory school may not have more than 1,000 students,
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1 excluding students with disabilities in a special education
2 program.
3 As used in this Section, "alternative school" means a
4 public school which is created and operated by a Regional
5 Superintendent of Schools and approved by the State Board of
6 Education. Such alternative schools may offer courses of
7 instruction for which credit is given in regular school
8 programs, courses to prepare students for the high school
9 equivalency testing program or vocational and occupational
10 training.
11 Each laboratory and alternative school shall file, on
12 forms provided by the State Superintendent of Education, an
13 annual State aid claim which states the average daily
14 membership attendance of the school's students by month. The
15 best 3 months' average daily membership attendance shall be
16 computed for each school. The weighted average daily
17 membership attendance shall be computed and the weighted
18 average daily membership attendance for the school's most
19 recent 3 year average shall be compared to the most recent
20 weighted average daily membership attendance, and the greater
21 of the 2 shall be used for the calculation under this
22 subsection B. The general State aid entitlement shall be
23 computed by multiplying the school's student count by the
24 foundation level as determined under this Section.
25 (Source: P.A. 88-9; 88-45; 88-89; 88-386; 88-511; 88-537;
26 88-555; 88-641; 88-670, eff. 12-2-94; 89-15, eff. 5-30-95;
27 89-235, eff. 8-4-95; 89-397, eff. 8-20-95; 89-610, eff.
28 8-6-96; 89-618, eff. 8-9-96; 89-626, eff. 8-9-96; 89-679,
29 eff. 8-16-96; revised 9-10-96.)
30 (105 ILCS 5/18-10) (from Ch. 122, par. 18-10)
31 Sec. 18-10. Average daily membership attendance
32 requirements. No district maintaining school therein shall be
33 eligible to file any claim under Section 18-8 if in
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1 elementary schools a district does not have at least 15
2 pupils in average daily membership attendance or if in high
3 schools, the district does not have at least 60 pupils in
4 average daily membership attendance for each school year,
5 unless the State Superintendent of Education and the Regional
6 Superintendent of Schools of the region in which the building
7 or buildings of the district are situated shall jointly find
8 and determine after certification by the school board,
9 received by the State Superintendent of Education on or
10 before July 15 prior to the beginning of the forthcoming
11 school year, that (1) by reason of road conditions, natural
12 barriers or the distances involved it is not feasible and
13 practicable to transport the pupils of such district to a
14 recognized school in some other district or districts or (2)
15 such school district has made definite arrangements for
16 receiving a sufficient number of pupils from some other
17 district or districts to bring, as judged by average
18 experience, the membership attendance for the succeeding year
19 up to the number hereinbefore specified.
20 The provisions of this Section shall not apply to claims
21 filed in June, 1982, for aid to be paid during the 1982-83
22 school year, or to claims filed for any year thereafter.
23 (Source: P.A. 83-1362.)
24 (105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
25 Sec. 18-12. Dates for filing State aid claims.) The
26 school board of each school district shall require teachers,
27 principals, or superintendents to furnish from records kept
28 by them such data as it needs in preparing and certifying
29 under oath or affirmation to the regional superintendent its
30 school district report of claims provided in Sections 18-8
31 through 18-10 on blanks to be provided by the State
32 Superintendent of Education. The district claim shall be
33 based on the latest available equalized assessed valuation
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1 and tax rates, as provided in Section 18-8 and shall use the
2 average daily membership attendance as determined by the
3 method outlined in Section 18-8 and shall be certified and
4 filed with the regional superintendent by July 1. Failure to
5 so file by July 1 constitutes a forfeiture of the right to
6 receive payment by the State until such claim is filed and
7 vouchered for payment. The regional superintendent of
8 schools shall certify the county report of claims by July 15;
9 and the State Superintendent of Education shall voucher for
10 payment those claims to the State Comptroller as provided in
11 Section 18-11.
12 If any school district fails to provide the minimum
13 school term specified in Section 10-19, the State aid claim
14 for that year shall be reduced by the State Superintendent of
15 Education in an amount equivalent to .56818% for each day
16 less than the number of days required by this Act. However,
17 if the State Superintendent of Education determines that such
18 failure to provide the minimum school term was occasioned by
19 an act or acts of God, or was occasioned by conditions beyond
20 the control of the school district which posed a hazardous
21 threat to the health and safety of pupils, the State aid
22 claim need not be reduced.
23 If, during any school day, a school district has provided
24 at least one clock hour of instruction but must close the
25 schools due to adverse weather conditions prior to providing
26 the minimum hours of instruction required for a full day of
27 membership attendance, the partial day of membership
28 attendance may be counted as a full day of membership
29 attendance. Such closing and the reasons therefore shall be
30 certified in writing within a month of the closing by the
31 local school district superintendent to the Regional
32 Superintendent of Schools for forwarding to the State
33 Superintendent of Education for approval.
34 No exception to the requirement of providing a minimum
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1 school term may be approved by the State Superintendent of
2 Education pursuant to this Section unless a school district
3 has first used all emergency days provided for in its regular
4 calendar.
5 If the State Superintendent of Education declares that an
6 energy shortage exists during any part of the school year for
7 the State or a designated portion of the State, a district
8 may operate the school membership attendance centers within
9 the district 4 days of the week during the time of the
10 shortage by extending each existing school day by one clock
11 hour of school work, and the State aid claim shall not be
12 reduced, nor shall the employees of that district suffer any
13 reduction in salary or benefits as a result thereof. A
14 district may operate all membership attendance centers on
15 this revised schedule, or may apply the schedule to selected
16 membership attendance centers, taking into consideration such
17 factors as pupil transportation schedules and patterns and
18 sources of energy for individual membership attendance
19 centers.
20 No State aid claim may be filed for any district unless
21 the clerk or secretary of the school board executes and files
22 with the State Superintendent of Education, on forms
23 prescribed by the Superintendent, a sworn statement that the
24 district has complied with the requirements of Section
25 10-22.5 in regard to the nonsegregation of pupils on account
26 of color, creed, race, sex or nationality.
27 No State aid claim may be filed for any district unless
28 the clerk or secretary of the school board executes and files
29 with the State Superintendent of Education, on forms
30 prescribed by the Superintendent, a sworn statement that to
31 the best of his or her knowledge or belief the employing or
32 assigning personnel have complied with Section 24-4 in all
33 respects.
34 (Source: P.A. 88-9.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.