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90_SB0244
105 ILCS 5/18-8 from Ch. 122, par. 18-8
Amends the School Code. Provides that the 1996-97 State
aid of a district shall be computed using its 1995 EAV if its
1995 EAV is at least 6% less than its 1994 EAV because of a
reduction in the EAV of the taxable property within the
district of any one taxpayer whose taxable property within
the district had a 1994 EAV that was at least 14% of the 1994
EAV of all taxable property in the district. Effective
immediately.
SDS/bill0007/jwp
SDS/bill0007/jwp
1 AN ACT to amend the School Code by changing Section 18-8.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing
5 Section 18-8 as follows:
6 (105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
7 Sec. 18-8. Basis for apportionment to districts,
8 laboratory schools and alternative schools.
9 A. The amounts to be apportioned shall be determined for
10 each educational service region by school districts, as
11 follows:
12 1. General Provisions.
13 (a) In the computation of the amounts to be apportioned,
14 the average daily attendance of all pupils in grades 9
15 through 12 shall be multiplied by 1.25. The average daily
16 attendance of all pupils in grades 7 and 8 shall be
17 multiplied by 1.05.
18 (b) The actual number of pupils in average daily
19 attendance shall be computed in a one-teacher school district
20 by dividing the total aggregate days of pupil attendance by
21 the actual number of days school is in session but not more
22 than 30 such pupils shall be accredited for such type of
23 district; and in districts of 2 or more teachers, or in
24 districts where records of attendance are kept by session
25 teachers, by taking the sum of the respective averages of the
26 units composing the group.
27 (c) Pupils in average daily attendance shall be computed
28 upon the average of the best 3 months of pupils attendance of
29 the current school year except as district claims may be
30 later amended as provided hereinafter in this Section.
31 However, for any school district maintaining grades
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1 kindergarten through 12, the "average daily attendance" shall
2 be computed on the average of the best 3 months of pupils
3 attendance of the current year in grades kindergarten through
4 8, added together with the average of the best 3 months of
5 pupils attendance of the current year in grades 9 through 12,
6 except as district claims may be later amended as provided in
7 this Section. Days of attendance shall be kept by regular
8 calendar months, except any days of attendance in August
9 shall be added to the month of September and any days of
10 attendance in June shall be added to the month of May.
11 Except as otherwise provided in this Section, days of
12 attendance by pupils shall be counted only for sessions of
13 not less than 5 clock hours of school work per day under
14 direct supervision of: (i) teachers, or (ii) non-teaching
15 personnel or volunteer personnel when engaging in
16 non-teaching duties and supervising in those instances
17 specified in subsection (a) of Section 10-22.34 and paragraph
18 10 of Section 34-18, with pupils of legal school age and in
19 kindergarten and grades 1 through 12.
20 (d) Pupils regularly enrolled in a public school for
21 only a part of the school day may be counted on the basis of
22 1/6 day for every class hour of instruction of 40 minutes or
23 more attended pursuant to such enrollment.
24 (e) Days of attendance may be less than 5 clock hours on
25 the opening and closing of the school term, and upon the
26 first day of pupil attendance, if preceded by a day or days
27 utilized as an institute or teachers' workshop.
28 (f) A session of 4 or more clock hours may be counted as
29 a day of attendance upon certification by the regional
30 superintendent, and approved by the State Superintendent of
31 Education to the extent that the district has been forced to
32 use daily multiple sessions.
33 (g) A session of 3 or more clock hours may be counted as
34 a day of attendance (1) when the remainder of the school day
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1 or at least 2 hours in the evening of that day is utilized
2 for an in-service training program for teachers, up to a
3 maximum of 5 days per school year of which a maximum of 4
4 days of such 5 days may be used for parent-teacher
5 conferences, provided a district conducts an in-service
6 training program for teachers which has been approved by the
7 State Superintendent of Education; or, in lieu of 4 such
8 days, 2 full days may be used, in which event each such day
9 may be counted as a day of attendance; and (2) when days in
10 addition to those provided in item (1) are scheduled by a
11 school pursuant to its school improvement plan adopted under
12 Article 34 or its revised or amended school improvement plan
13 adopted under Article 2, provided that (i) such sessions of 3
14 or more clock hours are scheduled to occur at regular
15 intervals, (ii) the remainder of the school days in which
16 such sessions occur are utilized for in-service training
17 programs or other staff development activities for teachers,
18 and (iii) a sufficient number of minutes of school work under
19 the direct supervision of teachers are added to the school
20 days between such regularly scheduled sessions to accumulate
21 not less than the number of minutes by which such sessions of
22 3 or more clock hours fall short of 5 clock hours. Any full
23 days used for the purposes of this paragraph shall not be
24 considered for computing average daily attendance. Days
25 scheduled for in-service training programs, staff development
26 activities, or parent-teacher conferences may be scheduled
27 separately for different grade levels and different
28 attendance centers of the district.
29 (h) A session of not less than one clock hour teaching
30 of hospitalized or homebound pupils on-site or by telephone
31 to the classroom may be counted as 1/2 day of attendance,
32 however these pupils must receive 4 or more clock hours of
33 instruction to be counted for a full day of attendance.
34 (i) A session of at least 4 clock hours may be counted
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1 as a day of attendance for first grade pupils, and pupils in
2 full day kindergartens, and a session of 2 or more hours may
3 be counted as 1/2 day of attendance by pupils in
4 kindergartens which provide only 1/2 day of attendance.
5 (j) For children with disabilities who are below the age
6 of 6 years and who cannot attend two or more clock hours
7 because of their disability or immaturity, a session of not
8 less than one clock hour may be counted as 1/2 day of
9 attendance; however for such children whose educational needs
10 so require a session of 4 or more clock hours may be counted
11 as a full day of attendance.
12 (k) A recognized kindergarten which provides for only
13 1/2 day of attendance by each pupil shall not have more than
14 1/2 day of attendance counted in any 1 day. However,
15 kindergartens may count 2 1/2 days of attendance in any 5
16 consecutive school days. Where a pupil attends such a
17 kindergarten for 2 half days on any one school day, such
18 pupil shall have the following day as a day absent from
19 school, unless the school district obtains permission in
20 writing from the State Superintendent of Education.
21 Attendance at kindergartens which provide for a full day of
22 attendance by each pupil shall be counted the same as
23 attendance by first grade pupils. Only the first year of
24 attendance in one kindergarten shall be counted except in
25 case of children who entered the kindergarten in their fifth
26 year whose educational development requires a second year of
27 kindergarten as determined under the rules and regulations of
28 the State Board of Education.
29 (l) Days of attendance by tuition pupils shall be
30 accredited only to the districts that pay the tuition to a
31 recognized school.
32 (m) The greater of the immediately preceding year's
33 weighted average daily attendance or the average of the
34 weighted average daily attendance of the immediately
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1 preceding year and the previous 2 years shall be used.
2 For any school year beginning July 1, 1986 or thereafter,
3 if the weighted average daily attendance in either grades
4 kindergarten through 8 or grades 9 through 12 of a district
5 as computed for the first calendar month of the current
6 school year exceeds by more than 5%, but not less than 25
7 pupils, the district's weighted average daily attendance for
8 the first calendar month of the immediately preceding year
9 in, respectively, grades kindergarten through 8 or grades 9
10 through 12, a supplementary payment shall be made to the
11 district equal to the difference in the amount of aid the
12 district would be paid under this Section using the weighted
13 average daily attendance in the district as computed for the
14 first calendar month of the current school year and the
15 amount of aid the district would be paid using the weighted
16 average daily attendance in the district for the first
17 calendar month of the immediately preceding year. Such
18 supplementary State aid payment shall be paid to the district
19 as provided in Section 18-8.4 and shall be treated as
20 separate from all other payments made pursuant to this
21 Section 18-8.
22 (n) The number of low income eligible pupils in a
23 district shall result in an increase in the weighted average
24 daily attendance calculated as follows: The number of low
25 income pupils shall increase the weighted ADA by .53 for each
26 student adjusted by dividing the percent of low income
27 eligible pupils in the district by the ratio of eligible low
28 income pupils in the State to the best 3 months' weighted
29 average daily attendance in the State. In no case may the
30 adjustment under this paragraph result in a greater weighting
31 than .625 for each eligible low income student. The number
32 of low income eligible pupils in a district shall be the
33 low-income eligible count from the most recently available
34 federal census and the weighted average daily attendance
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1 shall be calculated in accordance with the other provisions
2 of this paragraph.
3 (o) Any school district which fails for any given school
4 year to maintain school as required by law, or to maintain a
5 recognized school is not eligible to file for such school
6 year any claim upon the common school fund. In case of
7 nonrecognition of one or more attendance centers in a school
8 district otherwise operating recognized schools, the claim of
9 the district shall be reduced in the proportion which the
10 average daily attendance in the attendance center or centers
11 bear to the average daily attendance in the school district.
12 A "recognized school" means any public school which meets the
13 standards as established for recognition by the State Board
14 of Education. A school district or attendance center not
15 having recognition status at the end of a school term is
16 entitled to receive State aid payments due upon a legal claim
17 which was filed while it was recognized.
18 (p) School district claims filed under this Section are
19 subject to Sections 18-9, 18-10 and 18-12, except as herein
20 otherwise provided.
21 (q) The State Board of Education shall secure from the
22 Department of Revenue the value as equalized or assessed by
23 the Department of Revenue of all taxable property of every
24 school district together with the applicable tax rate used in
25 extending taxes for the funds of the district as of September
26 30 of the previous year. The Department of Revenue shall add
27 to the equalized assessed value of all taxable property of
28 each school district situated entirely or partially within a
29 county with 2,000,000 or more inhabitants an amount equal to
30 the total amount by which the homestead exemptions allowed
31 under Sections 15-170 and 15-175 of the Property Tax Code for
32 real property situated in that school district exceeds the
33 total amount that would have been allowed in that school
34 district as homestead exemptions under those Sections if the
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1 maximum reduction under Section 15-170 of the Property Tax
2 Code was $2,000 and the maximum reduction under Section
3 15-175 of the Property Tax Code was $3,500. The county clerk
4 of any county with 2,000,000 or more inhabitants shall
5 annually calculate and certify to the Department for each
6 school district all homestead exemption amounts required by
7 this amendatory Act of 1992. In a new district which has not
8 had any tax rates yet determined for extension of taxes, a
9 leveled uniform rate shall be computed from the latest amount
10 of the fund taxes extended on the several areas within such
11 new district.
12 (r) If a school district operates a full year school
13 under Section 10-19.1, the general state aid to the school
14 district shall be determined by the State Board of Education
15 in accordance with this Section as near as may be applicable.
16 2. New or recomputed claim. The general State aid
17 entitlement for a newly created school district or a district
18 which has annexed an entire school district shall be computed
19 using attendance, compensatory pupil counts, equalized
20 assessed valuation, and tax rate data which would have been
21 used had the district been in existence for 3 years. General
22 State aid entitlements shall not be recomputed except as
23 permitted herein.
24 3. Impaction. Impaction payments shall be made as
25 provided for in Section 18-4.2.
26 4. Summer school. Summer school payments shall be made
27 as provided in Section 18-4.3.
28 5. Computation of State aid. The State grant shall be
29 determined as follows:
30 (a) The State shall guarantee the amount of money that a
31 district's operating tax rate as limited in other Sections of
32 this Act would produce if every district maintaining grades
33 kindergarten through 12 had an equalized assessed valuation
34 equal to $74,791 per weighted ADA pupil; every district
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1 maintaining grades kindergarten through 8 had an equalized
2 assessed valuation of $108,644 per weighted ADA pupil; and
3 every district maintaining grades 9 through 12 had an
4 equalized assessed valuation of $187,657 per weighted ADA
5 pupil. The State Board of Education shall adjust the
6 equalized assessed valuation amounts stated in this
7 paragraph, if necessary, to conform to the amount of the
8 appropriation approved for any fiscal year.
9 (b) The operating tax rate to be used shall consist of
10 all district taxes extended for all purposes except community
11 college educational purposes for the payment of tuition under
12 Section 6-1 of the Public Community College Act, Bond and
13 Interest, Summer School, Rent, Capital Improvement and
14 Vocational Education Building. Any district may elect to
15 exclude Transportation from the calculation of its operating
16 tax rate. Districts may include taxes extended for the
17 payment of principal and interest on bonds issued under the
18 provisions of Sections 17-2.11a and 20-2 at a rate of .05%
19 per year for each purpose or the actual rate extended,
20 whichever is less.
21 (c) For calculation of aid under this Act a district
22 shall use the combined authorized tax rates of all funds not
23 exempt in (b) above, not to exceed 2.76% of the value of all
24 its taxable property as equalized or assessed by the
25 Department of Revenue for districts maintaining grades
26 kindergarten through 12; 1.90% of the value of all its
27 taxable property as equalized or assessed by the Department
28 of Revenue for districts maintaining grades kindergarten
29 through 8 only; 1.10% of the value of all its taxable
30 property as equalized or assessed by the Department of
31 Revenue for districts maintaining grades 9 through 12 only.
32 A district may, however, as provided in Article 17, increase
33 its operating tax rate above the maximum rate provided in
34 this subsection without affecting the amount of State aid to
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1 which it is entitled under this Act.
2 (d) (1) For districts maintaining grades kindergarten
3 through 12 with an operating tax rate as described in
4 subsections 5(b) and (c) of less than 2.18%, and districts
5 maintaining grades kindergarten through 8 with an operating
6 tax rate of less than 1.28%, State aid shall be computed by
7 multiplying the difference between the guaranteed equalized
8 assessed valuation per weighted ADA pupil in subsection 5(a)
9 and the equalized assessed valuation per weighted ADA pupil
10 in the district by the operating tax rate, multiplied by the
11 weighted average daily attendance of the district; provided,
12 however, that for the 1989-1990 school year only, a school
13 district maintaining grades kindergarten through 8 whose
14 operating tax rate with reference to which its general State
15 aid for the 1989-1990 school year is determined is less than
16 1.28% and more than 1.090%, and which had an operating tax
17 rate of 1.28% or more for the previous year, shall have its
18 general State aid computed according to the provisions of
19 subsection 5(d)(2).
20 (2) For districts maintaining grades kindergarten
21 through 12 with an operating tax rate as described in
22 subsection 5(b) and (c) of 2.18% and above, the State aid
23 shall be computed as provided in subsection (d) (1) but as
24 though the district had an operating tax rate of 2.76%; in
25 K-8 districts with an operating tax rate of 1.28% and above,
26 the State aid shall be computed as provided in subsection (d)
27 (1) but as though the district had an operating tax rate of
28 1.90%; and in 9-12 districts, the State aid shall be computed
29 by multiplying the difference between the guaranteed
30 equalized assessed valuation per weighted average daily
31 attendance pupil in subsection 5(a) and the equalized
32 assessed valuation per weighted average daily attendance
33 pupil in the district by the operating tax rate, not to
34 exceed 1.10%, multiplied by the weighted average daily
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1 attendance of the district. State aid computed under the
2 provisions of this subsection (d) (2) shall be treated as
3 separate from all other payments made pursuant to this
4 Section. The State Comptroller and State Treasurer shall
5 transfer from the General Revenue Fund to the Common School
6 Fund the amounts necessary to permit these claims to be paid
7 in equal installments along with other State aid payments
8 remaining to be made for the 1983-1984 school year under this
9 Section.
10 (3) For any school district whose 1995 equalized
11 assessed valuation is at least 6% less than its 1994
12 equalized assessed valuation as the result of a reduction in
13 the equalized assessed valuation of the taxable property
14 within such district of any one taxpayer whose taxable
15 property within the district has a 1994 equalized assessed
16 valuation constituting at least 20% of the 1994 equalized
17 assessed valuation of all taxable property within the
18 district, the 1996-97 State aid of such district shall be
19 computed using its 1995 equalized assessed valuation.
20 (4) For any school district whose 1988 equalized
21 assessed valuation is 55% or less of its 1981 equalized
22 assessed valuation, the 1990-91 State aid of such district
23 shall be computed by multiplying the 1988 equalized assessed
24 valuation by a factor of .8. Any such school district which
25 is reorganized effective for the 1991-92 school year shall
26 use the formula provided in this subparagraph for purposes of
27 the calculation made pursuant to subsection (m) of this
28 Section.
29 (5) For any school district whose 1995 equalized
30 assessed valuation is at least 6% less than its 1994
31 equalized assessed valuation as the result of a reduction in
32 the equalized assessed valuation of the taxable property
33 within such district of any one taxpayer whose taxable
34 property within the district has a 1994 equalized assessed
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1 valuation constituting at least 14% of the 1994 equalized
2 assessed valuation of all taxable property within the
3 district, the 1996-97 State aid of such district shall be
4 computed using its 1995 equalized assessed valuation.
5 (e) The amount of State aid shall be computed under the
6 provisions of subsections 5(a) through 5(d) provided the
7 equalized assessed valuation per weighted ADA pupil is less
8 than .87 of the amounts in subsection 5(a). If the equalized
9 assessed valuation per weighted ADA pupil is equal to or
10 greater than .87 of the amounts in subsection 5(a), the State
11 aid shall be computed under the provisions of subsection
12 5(f).
13 (f) If the equalized assessed valuation per weighted ADA
14 pupil is equal to or greater than .87 of the amounts in
15 subsection 5(a), the State aid per weighted ADA pupil shall
16 be computed by multiplying the product of .13 times the
17 maximum per pupil amount computed under the provisions of
18 subsections 5(a) through 5(d) by an amount equal to the
19 quotient of .87 times the equalized assessed valuation per
20 weighted ADA pupil in subsection 5(a) for that type of
21 district divided by the district equalized valuation per
22 weighted ADA pupil except in no case shall the district
23 receive State aid per weighted ADA pupil of less than .07
24 times the maximum per pupil amount computed under the
25 provisions of subsections 5(a) through 5(d).
26 (g) In addition to the above grants, summer school
27 grants shall be made based upon the calculation as provided
28 in subsection 4 of this Section.
29 (h) The board of any district receiving any of the
30 grants provided for in this Section may apply those funds to
31 any fund so received for which that board is authorized to
32 make expenditures by law.
33 (i) (1) (a) In school districts with an average daily
34 attendance of 50,000 or more, the amount which is provided
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1 under subsection 1(n) of this Section by the application of a
2 base Chapter 1 weighting factor of .375 shall be distributed
3 to the attendance centers within the district in proportion
4 to the number of pupils enrolled at each attendance center
5 who are eligible to receive free or reduced-price lunches or
6 breakfasts under the federal Child Nutrition Act of 1966 and
7 under the National School Lunch Act during the immediately
8 preceding school year. The amount of State aid provided
9 under subsection 1(n) of this Section by the application of
10 the Chapter 1 weighting factor in excess of .375 shall be
11 distributed to the attendance centers within the district in
12 proportion to the total enrollment at each attendance center.
13 Beginning with school year 1989-90, and each school year
14 thereafter, all funds provided under subsection 1 (n) of this
15 Section by the application of the Chapter 1 weighting factor
16 which are in excess of the level of non-targeted Chapter 1
17 funds in school year 1988-89 shall be distributed to
18 attendance centers, and only to attendance centers, within
19 the district in proportion to the number of pupils enrolled
20 at each attendance center who are eligible to receive free or
21 reduced price lunches or breakfasts under the Federal Child
22 Nutrition Act and under the National School Lunch Act during
23 the immediately preceding school year. Beginning in school
24 year 1989-90, 25% of the previously non-targeted Chapter 1
25 funds as established for school year 1988-89 shall also be
26 distributed to the attendance centers, and only to attendance
27 centers, in the district in proportion to the number of
28 pupils enrolled at each attendance center who are eligible to
29 receive free or reduced price lunches or breakfasts under the
30 Federal Child Nutrition Act and under the National School
31 Lunch Act during the immediately preceding school year; in
32 school year 1990-91, 50% of the previously non-targeted
33 Chapter 1 funds as established for school year 1988-89 shall
34 be distributed to attendance centers, and only to attendance
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1 centers, in the district in proportion to the number of
2 pupils enrolled at each attendance center who are eligible to
3 receive such free or reduced price lunches or breakfasts
4 during the immediately preceding school year; in school year
5 1991-92, 75% of the previously non-targeted Chapter 1 funds
6 as established for school year 1988-89 shall be distributed
7 to attendance centers, and only to attendance centers, in the
8 district in proportion to the number of pupils enrolled at
9 each attendance center who are eligible to receive such free
10 or reduced price lunches or breakfasts during the immediately
11 preceding school year; in school year 1992-93 and thereafter,
12 all funds provided under subsection 1 (n) of this Section by
13 the application of the Chapter 1 weighting factor shall be
14 distributed to attendance centers, and only to attendance
15 centers, in the district in proportion to the number of
16 pupils enrolled at each attendance center who are eligible to
17 receive free or reduced price lunches or breakfasts under the
18 Federal Child Nutrition Act and under the National School
19 Lunch Act during the immediately preceding school year;
20 provided, however, that the distribution formula in effect
21 beginning with school year 1989-90 shall not be applicable to
22 such portion of State aid provided under subsection 1 (n) of
23 this Section by the application of the Chapter 1 weighting
24 formula as is set aside and appropriated by the school
25 district for the purpose of providing desegregation programs
26 and related transportation to students (which portion shall
27 not exceed 5% of the total amount of State aid which is
28 provided under subsection 1 (n) of this Section by
29 application of the Chapter 1 weighting formula), and the
30 relevant percentages shall be applied to the remaining
31 portion of such State aid. The distribution of these
32 portions of general State aid among attendance centers
33 according to these requirements shall not be compensated for
34 or contravened by adjustments of the total of other funds
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1 appropriated to any attendance centers. (b) The Board of
2 Education shall utilize funding from one or several sources
3 in order to fully implement this provision annually prior to
4 the opening of school. The Board of Education shall apply
5 savings from reduced administrative costs required under
6 Section 34-43.1 and growth in non-Chapter 1 State and local
7 funds to assure that all attendance centers receive funding
8 to replace losses due to redistribution of Chapter 1 funding.
9 The distribution formula and funding to replace losses due to
10 the distribution formula shall occur, in full, using any and
11 all sources available, including, if necessary, revenue from
12 administrative reductions beyond those required in Section
13 34-43.1, in order to provide the necessary funds. (c) Each
14 attendance center shall be provided by the school district a
15 distribution of noncategorical funds and other categorical
16 funds to which an attendance center is entitled under law in
17 order that the State aid provided by application of the
18 Chapter 1 weighting factor and required to be distributed
19 among attendance centers according to the requirements of
20 this paragraph supplements rather than supplants the
21 noncategorical funds and other categorical funds provided by
22 the school district to the attendance centers.
23 Notwithstanding the foregoing provisions of this subsection
24 5(i)(1) or any other law to the contrary, beginning with the
25 1995-1996 school year and for each school year thereafter,
26 the board of a school district to which the provisions of
27 this subsection apply shall be required to allocate or
28 provide to attendance centers of the district in any such
29 school year, from the State aid provided for the district
30 under this Section by application of the Chapter 1 weighting
31 factor, an aggregate amount of not less than $261,000,000 of
32 State Chapter 1 funds. Any State Chapter 1 funds that by
33 reason of the provisions of this paragraph are not required
34 to be allocated and provided to attendance centers may be
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1 used and appropriated by the board of the district for any
2 lawful school purpose. Chapter 1 funds received by an
3 attendance center (except those funds set aside for
4 desegregation programs and related transportation to
5 students) shall be used on the schedule cited in this Section
6 at the attendance center at the discretion of the principal
7 and local school council for programs to improve educational
8 opportunities at qualifying schools through the following
9 programs and services: early childhood education, reduced
10 class size or improved adult to student classroom ratio,
11 enrichment programs, remedial assistance, attendance
12 improvement and other educationally beneficial expenditures
13 which supplement the regular and basic programs as determined
14 by the State Board of Education. Chapter 1 funds shall not
15 be expended for any political or lobbying purposes as defined
16 by board rule. (d) Each district subject to the provisions of
17 this paragraph shall submit an acceptable plan to meet the
18 educational needs of disadvantaged children, in compliance
19 with the requirements of this paragraph, to the State Board
20 of Education prior to July 15 of each year. This plan shall
21 be consistent with the decisions of local school councils
22 concerning the school expenditure plans developed in
23 accordance with part 4 of Section 34-2.3. The State Board
24 shall approve or reject the plan within 60 days after its
25 submission. If the plan is rejected the district shall give
26 written notice of intent to modify the plan within 15 days of
27 the notification of rejection and then submit a modified plan
28 within 30 days after the date of the written notice of intent
29 to modify. Districts may amend approved plans pursuant to
30 rules promulgated by the State Board of Education.
31 Upon notification by the State Board of Education that
32 the district has not submitted a plan prior to July 15 or a
33 modified plan within the time period specified herein, the
34 State aid funds affected by said plan or modified plan shall
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1 be withheld by the State Board of Education until a plan or
2 modified plan is submitted.
3 If the district fails to distribute State aid to
4 attendance centers in accordance with an approved plan, the
5 plan for the following year shall allocate funds, in addition
6 to the funds otherwise required by this subparagraph, to
7 those attendance centers which were underfunded during the
8 previous year in amounts equal to such underfunding.
9 For purposes of determining compliance with this
10 subsection in relation to Chapter 1 expenditures, each
11 district subject to the provisions of this subsection shall
12 submit as a separate document by December 1 of each year a
13 report of Chapter 1 expenditure data for the prior year in
14 addition to any modification of its current plan. If it is
15 determined that there has been a failure to comply with the
16 expenditure provisions of this subsection regarding
17 contravention or supplanting, the State Superintendent of
18 Education shall, within 60 days of receipt of the report,
19 notify the district and any affected local school council.
20 The district shall within 45 days of receipt of that
21 notification inform the State Superintendent of Education of
22 the remedial or corrective action to be taken, whether by
23 amendment of the current plan, if feasible, or by adjustment
24 in the plan for the following year. Failure to provide the
25 expenditure report or the notification of remedial or
26 corrective action in a timely manner shall result in a
27 withholding of the affected funds.
28 The State Board of Education shall promulgate rules and
29 regulations to implement the provisions of this subsection
30 5(i)(1). No funds shall be released under subsection 1(n) of
31 this Section or under this subsection 5(i)(1) to any district
32 which has not submitted a plan which has been approved by the
33 State Board of Education.
34 (2) School districts with an average daily attendance of
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1 more than 1,000 and less than 50,000 and having a low income
2 pupil weighting factor in excess of .53 shall submit a plan
3 to the State Board of Education prior to October 30 of each
4 year for the use of the funds resulting from the application
5 of subsection 1(n) of this Section for the improvement of
6 instruction in which priority is given to meeting the
7 education needs of disadvantaged children. Such plan shall
8 be submitted in accordance with rules and regulations
9 promulgated by the State Board of Education.
10 (j) For the purposes of calculating State aid under this
11 Section, with respect to any part of a school district within
12 a redevelopment project area in respect to which a
13 municipality has adopted tax increment allocation financing
14 pursuant to the Tax Increment Allocation Redevelopment Act,
15 Sections 11-74.4-1 through 11-74.4-11 of the Illinois
16 Municipal Code or the Industrial Jobs Recovery Law, Sections
17 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code,
18 no part of the current equalized assessed valuation of real
19 property located in any such project area which is
20 attributable to an increase above the total initial equalized
21 assessed valuation of such property shall be used in
22 computing the equalized assessed valuation per weighted ADA
23 pupil in the district, until such time as all redevelopment
24 project costs have been paid, as provided in Section
25 11-74.4-8 of the Tax Increment Allocation Redevelopment Act
26 or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
27 For the purpose of computing the equalized assessed valuation
28 per weighted ADA pupil in the district the total initial
29 equalized assessed valuation or the current equalized
30 assessed valuation, whichever is lower, shall be used until
31 such time as all redevelopment project costs have been paid.
32 (k) For a school district operating under the financial
33 supervision of an Authority created under Article 34A, the
34 State aid otherwise payable to that district under this
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1 Section, other than State aid attributable to Chapter 1
2 students, shall be reduced by an amount equal to the budget
3 for the operations of the Authority as certified by the
4 Authority to the State Board of Education, and an amount
5 equal to such reduction shall be paid to the Authority
6 created for such district for its operating expenses in the
7 manner provided in Section 18-11. The remainder of State
8 school aid for any such district shall be paid in accordance
9 with Article 34A when that Article provides for a disposition
10 other than that provided by this Article.
11 (l) For purposes of calculating State aid under this
12 Section, the equalized assessed valuation for a school
13 district used to compute State aid shall be determined by
14 adding to the real property equalized assessed valuation for
15 the district an amount computed by dividing the amount of
16 money received by the district under the provisions of "An
17 Act in relation to the abolition of ad valorem personal
18 property tax and the replacement of revenues lost thereby",
19 certified August 14, 1979, by the total tax rate for the
20 district. For purposes of this subsection 1976 tax rates
21 shall be used for school districts in the county of Cook and
22 1977 tax rates shall be used for school districts in all
23 other counties.
24 (m) (1) For a new school district formed by combining
25 property included totally within 2 or more previously
26 existing school districts, for its first year of existence or
27 if the new district was formed after October 31, 1982 and
28 prior to September 23, 1985, for the year immediately
29 following September 23, 1985, the State aid calculated under
30 this Section shall be computed for the new district and for
31 the previously existing districts for which property is
32 totally included within the new district. If the computation
33 on the basis of the previously existing districts is greater,
34 a supplementary payment equal to the difference shall be made
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1 for the first 3 years of existence of the new district or if
2 the new district was formed after October 31, 1982 and prior
3 to September 23, 1985, for the 3 years immediately following
4 September 23, 1985.
5 (2) For a school district which annexes all of the
6 territory of one or more entire other school districts, for
7 the first year during which the change of boundaries
8 attributable to such annexation becomes effective for all
9 purposes as determined under Section 7-9 or 7A-8, the State
10 aid calculated under this Section shall be computed for the
11 annexing district as constituted after the annexation and for
12 the annexing and each annexed district as constituted prior
13 to the annexation; and if the computation on the basis of the
14 annexing and annexed districts as constituted prior to the
15 annexation is greater, a supplementary payment equal to the
16 difference shall be made for the first 3 years of existence
17 of the annexing school district as constituted upon such
18 annexation.
19 (3) For 2 or more school districts which annex all of
20 the territory of one or more entire other school districts,
21 and for 2 or more community unit districts which result upon
22 the division (pursuant to petition under Section 11A-2) of
23 one or more other unit school districts into 2 or more parts
24 and which together include all of the parts into which such
25 other unit school district or districts are so divided, for
26 the first year during which the change of boundaries
27 attributable to such annexation or division becomes effective
28 for all purposes as determined under Section 7-9 or 11A-10,
29 as the case may be, the State aid calculated under this
30 Section shall be computed for each annexing or resulting
31 district as constituted after the annexation or division and
32 for each annexing and annexed district, or for each resulting
33 and divided district, as constituted prior to the annexation
34 or division; and if the aggregate of the State aid as so
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1 computed for the annexing or resulting districts as
2 constituted after the annexation or division is less than the
3 aggregate of the State aid as so computed for the annexing
4 and annexed districts, or for the resulting and divided
5 districts, as constituted prior to the annexation or
6 division, then a supplementary payment equal to the
7 difference shall be made and allocated between or among the
8 annexing or resulting districts, as constituted upon such
9 annexation or division, for the first 3 years of their
10 existence. The total difference payment shall be allocated
11 between or among the annexing or resulting districts in the
12 same ratio as the pupil enrollment from that portion of the
13 annexed or divided district or districts which is annexed to
14 or included in each such annexing or resulting district bears
15 to the total pupil enrollment from the entire annexed or
16 divided district or districts, as such pupil enrollment is
17 determined for the school year last ending prior to the date
18 when the change of boundaries attributable to the annexation
19 or division becomes effective for all purposes. The amount
20 of the total difference payment and the amount thereof to be
21 allocated to the annexing or resulting districts shall be
22 computed by the State Board of Education on the basis of
23 pupil enrollment and other data which shall be certified to
24 the State Board of Education, on forms which it shall provide
25 for that purpose, by the regional superintendent of schools
26 for each educational service region in which the annexing and
27 annexed districts, or resulting and divided districts are
28 located.
29 (4) If a unit school district annexes all the territory
30 of another unit school district effective for all purposes
31 pursuant to Section 7-9 on July 1, 1988, and if part of the
32 annexed territory is detached within 90 days after July 1,
33 1988, then the detachment shall be disregarded in computing
34 the supplementary State aid payments under this paragraph (m)
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1 for the entire 3 year period and the supplementary State aid
2 payments shall not be diminished because of the detachment.
3 (5) Any supplementary State aid payment made under this
4 paragraph (m) shall be treated as separate from all other
5 payments made pursuant to this Section.
6 (n) For the purposes of calculating State aid under this
7 Section, the real property equalized assessed valuation for a
8 school district used to compute State aid shall be determined
9 by subtracting from the real property value as equalized or
10 assessed by the Department of Revenue for the district an
11 amount computed by dividing the amount of any abatement of
12 taxes under Section 18-170 of the Property Tax Code by the
13 maximum operating tax rates specified in subsection 5(c) of
14 this Section and an amount computed by dividing the amount of
15 any abatement of taxes under subsection (a) of Section 18-165
16 of the Property Tax Code by the maximum operating tax rates
17 specified in subsection 5(c) of this Section.
18 (o) Notwithstanding any other provisions of this
19 Section, for the 1996-1997 school year the amount of the
20 aggregate general State aid entitlement that is received
21 under this Section by each school district for that school
22 year shall be not less than the amount of the aggregate
23 general State aid entitlement that was received by the
24 district under this Section for the 1995-1996 school year. If
25 a school district is to receive an aggregate general State
26 aid entitlement under this Section for the 1996-1997 school
27 year that is less than the amount of the aggregate general
28 State aid entitlement that the district received under this
29 Section for the 1995-1996 school year, the school district
30 shall also receive, from a separate appropriation made for
31 purposes of this paragraph (o), a supplementary payment that
32 is equal to the amount by which the general State aid
33 entitlement received by the district under this Section for
34 the 1995-1996 school year exceeds the general State aid
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1 entitlement that the district is to receive under this
2 Section for the 1996-1997 school year. If the amount
3 appropriated for supplementary payments to school districts
4 under this paragraph (o) is insufficient for that purpose,
5 the supplementary payments that districts are to receive
6 under this paragraph shall be prorated according to the
7 aggregate amount of the appropriation made for purposes of
8 this paragraph.
9 B. In calculating the amount to be paid to the governing
10 board of a public university that operates a laboratory
11 school under this Section or to any alternative school that
12 is operated by a regional superintendent, the State Board of
13 Education shall require by rule such reporting requirements
14 as it deems necessary.
15 As used in this Section, "laboratory school" means a
16 public school which is created and operated by a public
17 university and approved by the State Board of Education. The
18 governing board of a public university which receives funds
19 from the State Board under this subsection B may not increase
20 the number of students enrolled in its laboratory school from
21 a single district, if that district is already sending 50 or
22 more students, except under a mutual agreement between the
23 school board of a student's district of residence and the
24 university which operates the laboratory school. A
25 laboratory school may not have more than 1,000 students,
26 excluding students with disabilities in a special education
27 program.
28 As used in this Section, "alternative school" means a
29 public school which is created and operated by a Regional
30 Superintendent of Schools and approved by the State Board of
31 Education. Such alternative schools may offer courses of
32 instruction for which credit is given in regular school
33 programs, courses to prepare students for the high school
34 equivalency testing program or vocational and occupational
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1 training.
2 Each laboratory and alternative school shall file, on
3 forms provided by the State Superintendent of Education, an
4 annual State aid claim which states the average daily
5 attendance of the school's students by month. The best 3
6 months' average daily attendance shall be computed for each
7 school. The weighted average daily attendance shall be
8 computed and the weighted average daily attendance for the
9 school's most recent 3 year average shall be compared to the
10 most recent weighted average daily attendance, and the
11 greater of the 2 shall be used for the calculation under this
12 subsection B. The general State aid entitlement shall be
13 computed by multiplying the school's student count by the
14 foundation level as determined under this Section.
15 (Source: P.A. 88-9; 88-45; 88-89; 88-386; 88-511; 88-537;
16 88-555; 88-641; 88-670, eff. 12-2-94; 89-15, eff. 5-30-95;
17 89-235, eff. 8-4-95; 89-397, eff. 8-20-95; 89-610, eff.
18 8-6-96; 89-618, eff. 8-9-96; 89-626, eff. 8-9-96; 89-679,
19 eff. 8-16-96; revised 9-10-96.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.