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90_SB1358
105 ILCS 5/18-8.05
Amends the School Code. In the State aid formula
applicable to the 1998-99 and subsequent school years,
revises provisions under which general State aid grants are
to be paid to school districts based on their low-income
concentration level. Provides that the low-income
concentration level is to be based upon the number of pupils
eligible to receive free or reduced-price lunches or
breakfasts under federal law (rather than upon the low-income
eligible pupil count from the most recently available federal
census), divided by average daily attendance. Effective July
1, 1998.
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1 AN ACT to amend the School Code by changing Section
2 18-8.05.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Section 18-8.05 as follows:
7 (105 ILCS 5/18-8.05)
8 (This Section may contain text from a Public Act with a
9 delayed effective date.)
10 Sec. 18-8.05. Basis for apportionment of general State
11 financial aid and supplemental general State aid to the
12 common schools for the 1998-1999 and subsequent school years.
13 (A) General Provisions.
14 (1) The provisions of this Section apply to the
15 1998-1999 and subsequent school years. The system of general
16 State financial aid provided for in this Section is designed
17 to assure that, through a combination of State financial aid
18 and required local resources, the financial support provided
19 each pupil in Average Daily Attendance equals or exceeds a
20 prescribed per pupil Foundation Level. This formula approach
21 imputes a level of per pupil Available Local Resources and
22 provides for the basis to calculate a per pupil level of
23 general State financial aid that, when added to Available
24 Local Resources, equals or exceeds the Foundation Level. The
25 amount of per pupil general State financial aid for school
26 districts, in general, varies in inverse relation to
27 Available Local Resources. Per pupil amounts are based upon
28 each school district's Average Daily Attendance as that term
29 is defined in this Section.
30 (2) In addition to general State financial aid, school
31 districts with specified levels or concentrations of pupils
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1 from low income households are eligible to receive
2 supplemental general State financial aid grants as provided
3 pursuant to subsection (H). The supplemental State aid grants
4 provided for school districts under subsection (H) shall be
5 appropriated for distribution to school districts as part of
6 the same line item in which the general State financial aid
7 of school districts is appropriated under this Section.
8 (3) To receive financial assistance under this Section,
9 school districts are required to file claims with the State
10 Board of Education, subject to the following requirements:
11 (a) Any school district which fails for any given
12 school year to maintain school as required by law, or to
13 maintain a recognized school is not eligible to file for
14 such school year any claim upon the Common School Fund.
15 In case of nonrecognition of one or more attendance
16 centers in a school district otherwise operating
17 recognized schools, the claim of the district shall be
18 reduced in the proportion which the Average Daily
19 Attendance in the attendance center or centers bear to
20 the Average Daily Attendance in the school district. A
21 "recognized school" means any public school which meets
22 the standards as established for recognition by the State
23 Board of Education. A school district or attendance
24 center not having recognition status at the end of a
25 school term is entitled to receive State aid payments due
26 upon a legal claim which was filed while it was
27 recognized.
28 (b) School district claims filed under this Section
29 are subject to Sections 18-9, 18-10, and 18-12, except as
30 otherwise provided in this Section.
31 (c) If a school district operates a full year
32 school under Section 10-19.1, the general State aid to
33 the school district shall be determined by the State
34 Board of Education in accordance with this Section as
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1 near as may be applicable.
2 (d) Claims for financial assistance under this
3 Section shall not be recomputed except as expressly
4 provided under this Section.
5 (4) Except as provided in subsections (H) and (L), the
6 board of any district receiving any of the grants provided
7 for in this Section may apply those funds to any fund so
8 received for which that board is authorized to make
9 expenditures by law.
10 School districts are not required to exert a minimum
11 Operating Tax Rate in order to qualify for assistance under
12 this Section.
13 (5) As used in this Section the following terms, when
14 capitalized, shall have the meaning ascribed herein:
15 (a) "Average Daily Attendance": A count of pupil
16 attendance in school, averaged as provided for in
17 subsection (C) and utilized in deriving per pupil
18 financial support levels.
19 (b) "Available Local Resources": A computation of
20 local financial support, calculated on the basis Average
21 Daily Attendance and derived as provided pursuant to
22 subsection (D).
23 (c) "Corporate Personal Property Replacement
24 Taxes": Funds paid to local school districts pursuant to
25 "An Act in relation to the abolition of ad valorem
26 personal property tax and the replacement of revenues
27 lost thereby, and amending and repealing certain Acts and
28 parts of Acts in connection therewith", certified August
29 14, 1979, as amended (Public Act 81-1st S.S.-1).
30 (d) "Foundation Level": A prescribed level of per
31 pupil financial support as provided for in subsection
32 (B).
33 (e) "Operating Tax Rate": All school district
34 property taxes extended for all purposes, except
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1 community college educational purposes for the payment of
2 tuition under Section 6-1 of the Public Community College
3 Act, Bond and Interest, Summer School, Rent, Capital
4 Improvement, and Vocational Education Building purposes.
5 (B) Foundation Level.
6 (1) The Foundation Level is a figure established by the
7 State representing the minimum level of per pupil financial
8 support that should be available to provide for the basic
9 education of each pupil in Average Daily Attendance. As set
10 forth in this Section, each school district is assumed to
11 exert a sufficient local taxing effort such that, in
12 combination with the aggregate of general State financial aid
13 provided the district, an aggregate of State and local
14 resources are available to meet the basic education needs of
15 pupils in the district.
16 (2) For the 1998-1999 school year, the Foundation Level
17 of support is $4,225. For the 1999-2000 school year, the
18 Foundation Level of support is $4,325. For the 2000-2001
19 school year, the Foundation Level of support is $4,425.
20 (3) For the 2001-2002 school year and each school year
21 thereafter, the Foundation Level of support is $4,425 or such
22 greater amount as may be established by law by the General
23 Assembly.
24 (C) Average Daily Attendance.
25 (1) For purposes of calculating general State aid
26 pursuant to subsection (E), an Average Daily Attendance
27 figure shall be utilized. The Average Daily Attendance
28 figure for formula calculation purposes shall be the monthly
29 average of the actual number of pupils in attendance of each
30 school district, as further averaged for the best 3 months of
31 pupil attendance for each school district. In compiling the
32 figures for the number of pupils in attendance, school
33 districts and the State Board of Education shall, for
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1 purposes of general State aid funding, conform attendance
2 figures to the requirements of subsection (F).
3 (2) The Average Daily Attendance figures utilized in
4 subsection (E) shall be the requisite attendance data for the
5 school year immediately preceding the school year for which
6 general State aid is being calculated.
7 (D) Available Local Resources.
8 (1) For purposes of calculating general State aid
9 pursuant to subsection (E), a representation of Available
10 Local Resources per pupil, as that term is defined and
11 determined in this subsection, shall be utilized. Available
12 Local Resources per pupil shall include a calculated dollar
13 amount representing local school district revenues from local
14 property taxes and from Corporate Personal Property
15 Replacement Taxes, expressed on the basis of pupils in
16 Average Daily Attendance.
17 (2) In determining a school district's revenue from
18 local property taxes, the State Board of Education shall
19 utilize the equalized assessed valuation of all taxable
20 property of each school district as of September 30 of the
21 previous year. The equalized assessed valuation utilized
22 shall be obtained and determined as provided in subsection
23 (G).
24 (3) For school districts maintaining grades kindergarten
25 through 12, local property tax revenues per pupil shall be
26 calculated as the product of the applicable equalized
27 assessed valuation for the district multiplied by 3.00%, and
28 divided by the district's Average Daily Attendance figure.
29 For school districts maintaining grades kindergarten through
30 8, local property tax revenues per pupil shall be calculated
31 as the product of the applicable equalized assessed valuation
32 for the district multiplied by 2.30%, and divided by the
33 district's Average Daily Attendance figure. For school
34 districts maintaining grades 9 through 12, local property tax
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1 revenues per pupil shall be the applicable equalized assessed
2 valuation of the district multiplied by 1.20%, and divided by
3 the district's Average Daily Attendance figure.
4 (4) The Corporate Personal Property Replacement Taxes
5 paid to each school district during the calendar year 2 years
6 before the calendar year in which a school year begins,
7 divided by the Average Daily Attendance figure for that
8 district, shall be added to the local property tax revenues
9 per pupil as derived by the application of the immediately
10 preceding paragraph (3). The sum of these per pupil figures
11 for each school district shall constitute Available Local
12 Resources as that term is utilized in subsection (E) in the
13 calculation of general State aid.
14 (E) Computation of General State Aid.
15 (1) For each school year, the amount of general State
16 aid allotted to a school district shall be computed by the
17 State Board of Education as provided in this subsection.
18 (2) For any school district for which Available Local
19 Resources per pupil is less than the product of 0.93 times
20 the Foundation Level, general State aid for that district
21 shall be calculated as an amount equal to the Foundation
22 Level minus Available Local Resources, multiplied by the
23 Average Daily Attendance of the school district.
24 (3) For any school district for which Available Local
25 Resources per pupil is equal to or greater than the product
26 of 0.93 times the Foundation Level and less than the product
27 of 1.75 times the Foundation Level, the general State aid per
28 pupil shall be a decimal proportion of the Foundation Level
29 derived using a linear algorithm. Under this linear
30 algorithm, the calculated general State aid per pupil shall
31 decline in direct linear fashion from 0.07 times the
32 Foundation Level for a school district with Available Local
33 Resources equal to the product of 0.93 times the Foundation
34 Level, to 0.05 times the Foundation Level for a school
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1 district with Available Local Resources equal to the product
2 of 1.75 times the Foundation Level. The allocation of
3 general State aid for school districts subject to this
4 paragraph 3 shall be the calculated general State aid per
5 pupil figure multiplied by the Average Daily Attendance of
6 the school district.
7 (4) For any school district for which Available Local
8 Resources per pupil equals or exceeds the product of 1.75
9 times the Foundation Level, the general State aid for the
10 school district shall be calculated as the product of $218
11 multiplied by the Average Daily Attendance of the school
12 district.
13 (F) Compilation of Average Daily Attendance.
14 (1) Each school district shall, by July 1 of each year,
15 submit to the State Board of Education, on forms prescribed
16 by the State Board of Education, attendance figures for the
17 school year that began in the preceding calendar year. The
18 attendance information so transmitted shall identify the
19 average daily attendance figures for each month of the school
20 year, except that any days of attendance in August shall be
21 added to the month of September and any days of attendance in
22 June shall be added to the month of May.
23 Except as otherwise provided in this Section, days of
24 attendance by pupils shall be counted only for sessions of
25 not less than 5 clock hours of school work per day under
26 direct supervision of: (i) teachers, or (ii) non-teaching
27 personnel or volunteer personnel when engaging in
28 non-teaching duties and supervising in those instances
29 specified in subsection (a) of Section 10-22.34 and paragraph
30 10 of Section 34-18, with pupils of legal school age and in
31 kindergarten and grades 1 through 12.
32 Days of attendance by tuition pupils shall be accredited
33 only to the districts that pay the tuition to a recognized
34 school.
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1 (2) Days of attendance by pupils of less than 5 clock
2 hours of school shall be subject to the following provisions
3 in the compilation of Average Daily Attendance.
4 (a) Pupils regularly enrolled in a public school
5 for only a part of the school day may be counted on the
6 basis of 1/6 day for every class hour of instruction of
7 40 minutes or more attended pursuant to such enrollment.
8 (b) Days of attendance may be less than 5 clock
9 hours on the opening and closing of the school term, and
10 upon the first day of pupil attendance, if preceded by a
11 day or days utilized as an institute or teachers'
12 workshop.
13 (c) A session of 4 or more clock hours may be
14 counted as a day of attendance upon certification by the
15 regional superintendent, and approved by the State
16 Superintendent of Education to the extent that the
17 district has been forced to use daily multiple sessions.
18 (d) A session of 3 or more clock hours may be
19 counted as a day of attendance (1) when the remainder of
20 the school day or at least 2 hours in the evening of that
21 day is utilized for an in-service training program for
22 teachers, up to a maximum of 5 days per school year of
23 which a maximum of 4 days of such 5 days may be used for
24 parent-teacher conferences, provided a district conducts
25 an in-service training program for teachers which has
26 been approved by the State Superintendent of Education;
27 or, in lieu of 4 such days, 2 full days may be used, in
28 which event each such day may be counted as a day of
29 attendance; and (2) when days in addition to those
30 provided in item (1) are scheduled by a school pursuant
31 to its school improvement plan adopted under Article 34
32 or its revised or amended school improvement plan adopted
33 under Article 2, provided that (i) such sessions of 3 or
34 more clock hours are scheduled to occur at regular
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1 intervals, (ii) the remainder of the school days in which
2 such sessions occur are utilized for in-service training
3 programs or other staff development activities for
4 teachers, and (iii) a sufficient number of minutes of
5 school work under the direct supervision of teachers are
6 added to the school days between such regularly scheduled
7 sessions to accumulate not less than the number of
8 minutes by which such sessions of 3 or more clock hours
9 fall short of 5 clock hours. Any full days used for the
10 purposes of this paragraph shall not be considered for
11 computing average daily attendance. Days scheduled for
12 in-service training programs, staff development
13 activities, or parent-teacher conferences may be
14 scheduled separately for different grade levels and
15 different attendance centers of the district.
16 (e) A session of not less than one clock hour
17 teaching of hospitalized or homebound pupils on-site or
18 by telephone to the classroom may be counted as 1/2 day
19 of attendance, however these pupils must receive 4 or
20 more clock hours of instruction to be counted for a full
21 day of attendance.
22 (f) A session of at least 4 clock hours may be
23 counted as a day of attendance for first grade pupils,
24 and pupils in full day kindergartens, and a session of 2
25 or more hours may be counted as 1/2 day of attendance by
26 pupils in kindergartens which provide only 1/2 day of
27 attendance.
28 (g) For children with disabilities who are below
29 the age of 6 years and who cannot attend 2 or more clock
30 hours because of their disability or immaturity, a
31 session of not less than one clock hour may be counted as
32 1/2 day of attendance; however for such children whose
33 educational needs so require a session of 4 or more clock
34 hours may be counted as a full day of attendance.
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1 (h) A recognized kindergarten which provides for
2 only 1/2 day of attendance by each pupil shall not have
3 more than 1/2 day of attendance counted in any 1 day.
4 However, kindergartens may count 2 1/2 days of attendance
5 in any 5 consecutive school days. When a pupil attends
6 such a kindergarten for 2 half days on any one school
7 day, the pupil shall have the following day as a day
8 absent from school, unless the school district obtains
9 permission in writing from the State Superintendent of
10 Education. Attendance at kindergartens which provide for
11 a full day of attendance by each pupil shall be counted
12 the same as attendance by first grade pupils. Only the
13 first year of attendance in one kindergarten shall be
14 counted, except in case of children who entered the
15 kindergarten in their fifth year whose educational
16 development requires a second year of kindergarten as
17 determined under the rules and regulations of the State
18 Board of Education.
19 (G) Equalized Assessed Valuation Data.
20 (1) For purposes of the calculation of Available Local
21 Resources required pursuant to subsection (D), the State
22 Board of Education shall secure from the Department of
23 Revenue the value as equalized or assessed by the Department
24 of Revenue of all taxable property of every school district
25 together with the applicable tax rate used in extending taxes
26 for the funds of the district as of September 30 of the
27 previous year.
28 This equalized assessed valuation, as adjusted further by
29 the requirements of this subsection, shall be utilized in the
30 calculation of Available Local Resources.
31 (2) The equalized assessed valuation in paragraph (1)
32 shall be adjusted, as applicable, in the following manner:
33 (a) For the purposes of calculating State aid under
34 this Section, with respect to any part of a school
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1 district within a redevelopment project area in respect
2 to which a municipality has adopted tax increment
3 allocation financing pursuant to the Tax Increment
4 Allocation Redevelopment Act, Sections 11-74.4-1 through
5 11-74.4-11 of the Illinois Municipal Code or the
6 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
7 11-74.6-50 of the Illinois Municipal Code, no part of the
8 current equalized assessed valuation of real property
9 located in any such project area which is attributable to
10 an increase above the total initial equalized assessed
11 valuation of such property shall be used as part of the
12 equalized assessed valuation of the district, until such
13 time as all redevelopment project costs have been paid,
14 as provided in Section 11-74.4-8 of the Tax Increment
15 Allocation Redevelopment Act or in Section 11-74.6-35 of
16 the Industrial Jobs Recovery Law. For the purpose of the
17 equalized assessed valuation of the district, the total
18 initial equalized assessed valuation or the current
19 equalized assessed valuation, whichever is lower, shall
20 be used until such time as all redevelopment project
21 costs have been paid.
22 (b) The real property equalized assessed valuation
23 for a school district shall be adjusted by subtracting
24 from the real property value as equalized or assessed by
25 the Department of Revenue for the district an amount
26 computed by dividing the amount of any abatement of taxes
27 under Section 18-170 of the Property Tax Code by 3.00%
28 for a district maintaining grades kindergarten through 12
29 or by 2.30% for a district maintaining grades
30 kindergarten through 8, or by 1.20% for a district
31 maintaining grades 9 through 12 and adjusted by an amount
32 computed by dividing the amount of any abatement of taxes
33 under subsection (a) of Section 18-165 of the Property
34 Tax Code by the same percentage rates for district type
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1 as specified in this subparagraph (c).
2 (H) Supplemental General State Aid.
3 (1) In addition to the general State aid a school
4 district is allotted pursuant to subsection (E), qualifying
5 school districts shall receive a grant, paid in conjunction
6 with a district's payments of general State aid, for
7 supplemental general State aid based upon the concentration
8 level of children from low-income households within the
9 school district. Supplemental State aid grants provided for
10 school districts under this subsection shall be appropriated
11 for distribution to school districts as part of the same line
12 item in which the general State financial aid of school
13 districts is appropriated under this Section. For purposes of
14 this subsection, the term "Low-Income Concentration Level"
15 shall be the number of pupils who are eligible to receive
16 free or reduced-price lunches or breakfasts under the federal
17 Child Nutrition Act of 1996 and under the National School
18 Lunch Act during the school year immediately preceding the
19 school year for which the supplemental general State aid is
20 being calculated low-income eligible pupil count from the
21 most recently available federal census divided by the Average
22 Daily Attendance of the school district.
23 (2) Supplemental general State aid pursuant to this
24 subsection shall be provided as follows:
25 (a) For any school district with a Low Income
26 Concentration Level of at least 20% and less than 35%,
27 the grant for any school year shall be $800 multiplied by
28 the free or reduced-price lunch or breakfast low income
29 eligible pupil count.
30 (b) For any school district with a Low Income
31 Concentration Level of at least 35% and less than 50%,
32 the grant for the 1998-1999 school year shall be $1,100
33 multiplied by the free or reduced-price lunch or
34 breakfast low income eligible pupil count.
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1 (c) For any school district with a Low Income
2 Concentration Level of at least 50% and less than 60%,
3 the grant for the 1998-99 school year shall be $1,500
4 multiplied by the free or reduced-price lunch or
5 breakfast low income eligible pupil count.
6 (d) For any school district with a Low Income
7 Concentration Level of 60% or more, the grant for the
8 1998-99 school year shall be $1,900 multiplied by the
9 free or reduced-price lunch or breakfast low income
10 eligible pupil count.
11 (e) For the 1999-2000 school year, the per pupil
12 amount specified in subparagraphs (b), (c), and (d),
13 immediately above shall be increased by $100 to $1,200,
14 $1,600, and $2,000, respectively.
15 (f) For the 2000-2001 school year, the per pupil
16 amounts specified in subparagraphs (b), (c) and (d)
17 immediately above shall be increased to $1,230, $1,640,
18 and $2,050, respectively.
19 (3) School districts with an Average Daily Attendance of
20 more than 1,000 and less than 50,000 that qualify for
21 supplemental general State aid pursuant to this subsection
22 shall submit a plan to the State Board of Education prior to
23 October 30 of each year for the use of the funds resulting
24 from this grant of supplemental general State aid for the
25 improvement of instruction in which priority is given to
26 meeting the education needs of disadvantaged children. Such
27 plan shall be submitted in accordance with rules and
28 regulations promulgated by the State Board of Education.
29 (4) School districts with an Average Daily Attendance of
30 50,000 or more that qualify for supplemental general State
31 aid pursuant to this subsection shall be required to
32 distribute from funds available pursuant to this Section, no
33 less than $261,000,000 in accordance with the following
34 requirements:
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1 (a) The required amounts shall be distributed to
2 the attendance centers within the district in proportion
3 to the number of pupils enrolled at each attendance
4 center who are eligible to receive free or reduced-price
5 lunches or breakfasts under the federal Child Nutrition
6 Act of 1966 and under the National School Lunch Act
7 during the immediately preceding school year.
8 (b) The distribution of these portions of
9 supplemental and general State aid among attendance
10 centers according to these requirements shall not be
11 compensated for or contravened by adjustments of the
12 total of other funds appropriated to any attendance
13 centers, and the Board of Education shall utilize funding
14 from one or several sources in order to fully implement
15 this provision annually prior to the opening of school.
16 (c) Each attendance center shall be provided by the
17 school district a distribution of noncategorical funds
18 and other categorical funds to which an attendance center
19 is entitled under law in order that the general State aid
20 and supplemental general State aid provided by
21 application of this subsection supplements rather than
22 supplants the noncategorical funds and other categorical
23 funds provided by the school district to the attendance
24 centers.
25 (d) Any funds made available under this subsection
26 that by reason of the provisions of this subsection are
27 not required to be allocated and provided to attendance
28 centers may be used and appropriated by the board of the
29 district for any lawful school purpose.
30 (e) Funds received by an attendance center pursuant
31 to this subsection shall be used by the attendance center
32 at the discretion of the principal and local school
33 council for programs to improve educational opportunities
34 at qualifying schools through the following programs and
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1 services: early childhood education, reduced class size
2 or improved adult to student classroom ratio, enrichment
3 programs, remedial assistance, attendance improvement and
4 other educationally beneficial expenditures which
5 supplement the regular and basic programs as determined
6 by the State Board of Education. Funds provided shall
7 not be expended for any political or lobbying purposes as
8 defined by board rule.
9 (f) Each district subject to the provisions of this
10 subdivision (H)(4) shall submit an acceptable plan to
11 meet the educational needs of disadvantaged children, in
12 compliance with the requirements of this paragraph, to
13 the State Board of Education prior to July 15 of each
14 year. This plan shall be consistent with the decisions of
15 local school councils concerning the school expenditure
16 plans developed in accordance with part 4 of Section
17 34-2.3. The State Board shall approve or reject the plan
18 within 60 days after its submission. If the plan is
19 rejected, the district shall give written notice of
20 intent to modify the plan within 15 days of the
21 notification of rejection and then submit a modified plan
22 within 30 days after the date of the written notice of
23 intent to modify. Districts may amend approved plans
24 pursuant to rules promulgated by the State Board of
25 Education.
26 Upon notification by the State Board of Education
27 that the district has not submitted a plan prior to July
28 15 or a modified plan within the time period specified
29 herein, the State aid funds affected by that plan or
30 modified plan shall be withheld by the State Board of
31 Education until a plan or modified plan is submitted.
32 If the district fails to distribute State aid to
33 attendance centers in accordance with an approved plan,
34 the plan for the following year shall allocate funds, in
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1 addition to the funds otherwise required by this
2 subsection, to those attendance centers which were
3 underfunded during the previous year in amounts equal to
4 such underfunding.
5 For purposes of determining compliance with this
6 subsection in relation to the requirements of attendance
7 center funding, each district subject to the provisions
8 of this subsection shall submit as a separate document by
9 December 1 of each year a report of expenditure data for
10 the prior year in addition to any modification of its
11 current plan. If it is determined that there has been a
12 failure to comply with the expenditure provisions of this
13 subsection regarding contravention or supplanting, the
14 State Superintendent of Education shall, within 60 days
15 of receipt of the report, notify the district and any
16 affected local school council. The district shall within
17 45 days of receipt of that notification inform the State
18 Superintendent of Education of the remedial or corrective
19 action to be taken, whether by amendment of the current
20 plan, if feasible, or by adjustment in the plan for the
21 following year. Failure to provide the expenditure
22 report or the notification of remedial or corrective
23 action in a timely manner shall result in a withholding
24 of the affected funds.
25 The State Board of Education shall promulgate rules
26 and regulations to implement the provisions of this
27 subsection. No funds shall be released under this
28 subdivision (H)(4) to any district that has not submitted
29 a plan that has been approved by the State Board of
30 Education.
31 (I) General State Aid for Newly Configured School Districts.
32 (1) For a new school district formed by combining
33 property included totally within 2 or more previously
34 existing school districts, for its first year of existence
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1 the general State aid and supplemental general State aid
2 calculated under this Section shall be computed for the new
3 district and for the previously existing districts for which
4 property is totally included within the new district. If the
5 computation on the basis of the previously existing districts
6 is greater, a supplementary payment equal to the difference
7 shall be made for the first 4 years of existence of the new
8 district.
9 (2) For a school district which annexes all of the
10 territory of one or more entire other school districts, for
11 the first year during which the change of boundaries
12 attributable to such annexation becomes effective for all
13 purposes as determined under Section 7-9 or 7A-8, the general
14 State aid and supplemental general State aid calculated under
15 this Section shall be computed for the annexing district as
16 constituted after the annexation and for the annexing and
17 each annexed district as constituted prior to the annexation;
18 and if the computation on the basis of the annexing and
19 annexed districts as constituted prior to the annexation is
20 greater, a supplementary payment equal to the difference
21 shall be made for the first 4 years of existence of the
22 annexing school district as constituted upon such annexation.
23 (3) For 2 or more school districts which annex all of
24 the territory of one or more entire other school districts,
25 and for 2 or more community unit districts which result upon
26 the division (pursuant to petition under Section 11A-2) of
27 one or more other unit school districts into 2 or more parts
28 and which together include all of the parts into which such
29 other unit school district or districts are so divided, for
30 the first year during which the change of boundaries
31 attributable to such annexation or division becomes effective
32 for all purposes as determined under Section 7-9 or 11A-10,
33 as the case may be, the general State aid and supplemental
34 general State aid calculated under this Section shall be
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1 computed for each annexing or resulting district as
2 constituted after the annexation or division and for each
3 annexing and annexed district, or for each resulting and
4 divided district, as constituted prior to the annexation or
5 division; and if the aggregate of the general State aid and
6 supplemental general State aid as so computed for the
7 annexing or resulting districts as constituted after the
8 annexation or division is less than the aggregate of the
9 general State aid and supplemental general State aid as so
10 computed for the annexing and annexed districts, or for the
11 resulting and divided districts, as constituted prior to the
12 annexation or division, then a supplementary payment equal to
13 the difference shall be made and allocated between or among
14 the annexing or resulting districts, as constituted upon such
15 annexation or division, for the first 4 years of their
16 existence. The total difference payment shall be allocated
17 between or among the annexing or resulting districts in the
18 same ratio as the pupil enrollment from that portion of the
19 annexed or divided district or districts which is annexed to
20 or included in each such annexing or resulting district bears
21 to the total pupil enrollment from the entire annexed or
22 divided district or districts, as such pupil enrollment is
23 determined for the school year last ending prior to the date
24 when the change of boundaries attributable to the annexation
25 or division becomes effective for all purposes. The amount
26 of the total difference payment and the amount thereof to be
27 allocated to the annexing or resulting districts shall be
28 computed by the State Board of Education on the basis of
29 pupil enrollment and other data which shall be certified to
30 the State Board of Education, on forms which it shall provide
31 for that purpose, by the regional superintendent of schools
32 for each educational service region in which the annexing and
33 annexed districts, or resulting and divided districts are
34 located.
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1 (4) Any supplementary payment made under this subsection
2 (I) shall be treated as separate from all other payments made
3 pursuant to this Section.
4 (J) Supplementary Grants in Aid.
5 (1) Notwithstanding any other provisions of this
6 Section, the amount of the aggregate general State aid in
7 combination with supplemental general State aid under this
8 Section for which each school district is eligible for the
9 1998-1999 school year shall be no less than the amount of the
10 aggregate general State aid entitlement that was received by
11 the district under Section 18-8 (exclusive of amounts
12 received under subsections 5(p) and 5(p-5) of that Section)
13 for the 1997-98 school year, pursuant to the provisions of
14 that Section as it was then in effect. If a school district
15 qualifies to receive a supplementary payment made under this
16 subsection (J) for the 1998-1999 school year, the amount of
17 the aggregate general State aid in combination with
18 supplemental general State aid under this Section which that
19 district is eligible to receive for each school year
20 subsequent to the 1998-1999 school year shall be no less than
21 the amount of the aggregate general State aid entitlement
22 that was received by the district under Section 18-8
23 (exclusive of amounts received under subsections 5(p) and
24 5(p-5) of that Section) for the 1997-1998 school year,
25 pursuant to the provisions of that Section as it was then in
26 effect.
27 (2) If, as provided in paragraph (1) of this subsection
28 (J), a school district is to receive aggregate general State
29 aid in combination with supplemental general State aid under
30 this Section for the 1998-99 school year, or for the 1998-99
31 school year and any subsequent school year, that in any such
32 school year is less than the amount of the aggregate general
33 State aid entitlement that the district received for the
34 1997-98 school year, the school district shall also receive,
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1 from a separate appropriation made for purposes of this
2 subsection (J), a supplementary payment that is equal to the
3 amount of the difference in the aggregate State aid figures
4 as described in paragraph (1).
5 (3) If the amount appropriated for supplementary
6 payments to school districts under this subsection (J) is
7 insufficient for that purpose, the supplementary payments
8 that districts are to receive under this subsection shall be
9 prorated according to the aggregate amount of the
10 appropriation made for purposes of this subsection.
11 (K) Grants to Laboratory and Alternative Schools.
12 In calculating the amount to be paid to the governing
13 board of a public university that operates a laboratory
14 school under this Section or to any alternative school that
15 is operated by a regional superintendent, the State Board of
16 Education shall require by rule such reporting requirements
17 as it deems necessary.
18 As used in this Section, "laboratory school" means a
19 public school which is created and operated by a public
20 university and approved by the State Board of Education. The
21 governing board of a public university which receives funds
22 from the State Board under this subsection (K) may not
23 increase the number of students enrolled in its laboratory
24 school from a single district, if that district is already
25 sending 50 or more students, except under a mutual agreement
26 between the school board of a student's district of residence
27 and the university which operates the laboratory school. A
28 laboratory school may not have more than 1,000 students,
29 excluding students with disabilities in a special education
30 program.
31 As used in this Section, "alternative school" means a
32 public school which is created and operated by a Regional
33 Superintendent of Schools and approved by the State Board of
34 Education. Such alternative schools may offer courses of
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1 instruction for which credit is given in regular school
2 programs, courses to prepare students for the high school
3 equivalency testing program or vocational and occupational
4 training.
5 Each laboratory and alternative school shall file, on
6 forms provided by the State Superintendent of Education, an
7 annual State aid claim which states the Average Daily
8 Attendance of the school's students by month. The best 3
9 months' Average Daily Attendance shall be computed for each
10 school. The general State aid entitlement shall be computed
11 by multiplying the applicable Average Daily Attendance by the
12 Foundation Level as determined under this Section.
13 (L) Payments, Additional Grants in Aid and Other
14 Requirements.
15 (1) For a school district operating under the financial
16 supervision of an Authority created under Article 34A, the
17 general State aid otherwise payable to that district under
18 this Section, but not the supplemental general State aid,
19 shall be reduced by an amount equal to the budget for the
20 operations of the Authority as certified by the Authority to
21 the State Board of Education, and an amount equal to such
22 reduction shall be paid to the Authority created for such
23 district for its operating expenses in the manner provided in
24 Section 18-11. The remainder of general State school aid for
25 any such district shall be paid in accordance with Article
26 34A when that Article provides for a disposition other than
27 that provided by this Article.
28 (2) Impaction. Impaction payments shall be made as
29 provided for in Section 18-4.2.
30 (3) Summer school. Summer school payments shall be made
31 as provided in Section 18-4.3.
32 (M) Education Funding Advisory Board.
33 The Education Funding Advisory Board, hereinafter in this
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1 subsection (M) referred to as the "Board", is hereby created.
2 The Board shall consist of 5 members who are appointed by the
3 Governor, by and with the advice and consent of the Senate.
4 The members appointed shall include representatives of
5 education, business, and the general public. One of the
6 members so appointed shall be designated by the Governor at
7 the time the appointment is made as the chairperson of the
8 Board. The initial members of the Board may be appointed any
9 time after the effective date of this amendatory Act of 1997.
10 The regular term of each member of the Board shall be for 4
11 years from the third Monday of January of the year in which
12 the term of the member's appointment is to commence, except
13 that of the 5 initial members appointed to serve on the
14 Board, the member who is appointed as the chairperson shall
15 serve for a term that commences on the date of his or her
16 appointment and expires on the third Monday of January, 2002,
17 and the remaining 4 members, by lots drawn at the first
18 meeting of the Board that is held after all 5 members are
19 appointed, shall determine 2 of their number to serve for
20 terms that commence on the date of their respective
21 appointments and expire on the third Monday of January, 2001,
22 and 2 of their number to serve for terms that commence on the
23 date of their respective appointments and expire on the third
24 Monday of January, 2000. All members appointed to serve on
25 the Board shall serve until their respective successors are
26 appointed and confirmed. Vacancies shall be filled in the
27 same manner as original appointments. If a vacancy in
28 membership occurs at a time when the Senate is not in
29 session, the Governor shall make a temporary appointment
30 until the next meeting of the Senate, when he or she shall
31 appoint, by and with the advice and consent of the Senate, a
32 person to fill that membership for the unexpired term. If
33 the Senate is not in session when the initial appointments
34 are made, those appointments shall be made as in the case of
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1 vacancies.
2 The Education Funding Advisory Board shall be deemed
3 established, and the initial members appointed by the
4 Governor to serve as members of the Board shall take office,
5 on the date that the Governor makes his or her appointment of
6 the fifth initial member of the Board, whether those initial
7 members are then serving pursuant to appointment and
8 confirmation or pursuant to temporary appointments that are
9 made by the Governor as in the case of vacancies.
10 The State Board of Education shall provide such staff
11 assistance to the Education Funding Advisory Board as is
12 reasonably required for the proper performance by the Board
13 of its responsibilities.
14 For school years after the 2000-2001 school year, the
15 Education Funding Advisory Board, in consultation with the
16 State Board of Education, shall make recommendations as
17 provided in this subsection (M) to the General Assembly for
18 the foundation level under subdivision (B)(3) of this Section
19 and for the supplemental general State aid grant level under
20 subsection (H) of this Section for districts with high
21 concentrations of children from poverty. The recommended
22 foundation level shall be determined based on a methodology
23 which incorporates the basic education expenditures of
24 low-spending schools exhibiting high academic performance.
25 The Education Funding Advisory Board shall make such
26 recommendations to the General Assembly on January 1 of odd
27 numbered years, beginning January 1, 2001.
28 (N) General State Aid Adjustment Grant.
29 (1) Any school district subject to property tax
30 extension limitations as imposed under the provisions of the
31 Property Tax Extension Limitation Law shall be entitled to
32 receive, subject to the qualifications and requirements of
33 this subsection, a general State aid adjustment grant.
34 Eligibility for this grant shall be determined on an annual
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1 basis and claims for grant payments shall be paid subject to
2 appropriations made specific to this subsection. For
3 purposes of this subsection the following terms shall have
4 the following meanings:
5 "Budget Year": The school year for which general State
6 aid is calculated and awarded under subsection (E).
7 "Current Year": The school year immediately preceding
8 the Budget Year.
9 "Base Tax Year": The property tax levy year used to
10 calculate the Budget Year allocation of general State aid.
11 "Preceding Tax Year": The property tax levy year
12 immediately preceding the Base Tax Year.
13 "Extension Limitation Ratio": A numerical ratio,
14 certified by a school district's County Clerk, in which the
15 numerator is the Base Tax Year's tax extension amount
16 resulting from the Operating Tax Rate and the denominator is
17 the Preceding Tax Year's tax extension amount resulting from
18 the Operating Tax Rate.
19 "Operating Tax Rate": The operating tax rate as defined
20 in subsection (A).
21 (2) To qualify for a general State aid adjustment grant,
22 a school district must meet all of the following eligibility
23 criteria for each Budget Year for which a grant is claimed:
24 (a) The Operating Tax Rate of the school district
25 in the Preceding Tax Year was at least 3.00% in the case
26 of a school district maintaining grades kindergarten
27 through 12, at least 2.30% in the case of a school
28 district maintaining grades kindergarten through 8, or at
29 least 1.41% in the case of a school district maintaining
30 grades 9 through 12.
31 (b) The Operating Tax Rate of the school district
32 for the Base Tax Year was reduced by the Clerk of the
33 County as a result of the requirements of the Property
34 Tax Extension Limitation Law.
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1 (c) The Available Local Resources per pupil of the
2 school district as calculated pursuant to subsection (D)
3 using the Base Tax Year are less than the product of 1.75
4 times the Foundation Level for the Budget Year.
5 (d) The school district has filed a proper and
6 timely claim for a general State aid adjustment grant as
7 required under this subsection.
8 (3) A claim for grant assistance under this subsection
9 shall be filed with the State Board of Education on or before
10 January 1 of the Current Year for a grant for the Budget
11 Year. The claim shall be made on forms prescribed by the
12 State Board of Education and must be accompanied by a written
13 statement from the Clerk of the County, certifying:
14 (a) That the school district has its extension for
15 the Base Tax Year reduced as a result of the Property Tax
16 Extension Limitation Law.
17 (b) That the Operating Tax Rate of the school
18 district for the Preceding Tax Year met the tax rate
19 requirements of subdivision (N)(2) of this Section.
20 (c) The Extension Limitation Ratio as that term is
21 defined in this subsection.
22 (4) On or before August 1 of the Budget Year the State
23 Board of Education shall calculate, for all school districts
24 meeting the other requirements of this subsection, the amount
25 of the general State aid adjustment grant, if any, that the
26 school districts are eligible to receive in the Budget Year.
27 The amount of the general State aid adjustment grant shall be
28 calculated as follows:
29 (a) Determine the school district's general State
30 aid grant for the Budget Year as provided in accordance
31 with the provisions of subsection (E).
32 (b) Determine the school district's adjusted level
33 of general State aid by utilizing in the calculation of
34 Available Local Resources an equalized assessed valuation
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1 that is the equalized assessed valuation of the Preceding
2 Tax Year multiplied by the Extension Limitation Ratio.
3 (c) Subtract the sum derived in subparagraph (a)
4 from the sum derived in subparagraph (b). If the result
5 is a positive number, that amount shall be the general
6 State aid adjustment grant that the district is eligible
7 to receive.
8 (5) The State Board of Education shall in the Current
9 Year, based upon claims filed in the Current Year, recommend
10 to the General Assembly an appropriation amount for the
11 general State aid adjustment grants to be made in the Budget
12 Year.
13 (6) Claims for general State aid adjustment grants shall
14 be paid in a lump sum on or before January 1 of the Budget
15 Year only from appropriations made by the General Assembly
16 expressly for claims under this subsection. No such claims
17 may be paid from amounts appropriated for any other purpose
18 provided for under this Section. In the event that the
19 appropriation for claims under this subsection is
20 insufficient to meet all Budget Year claims for a general
21 State aid adjustment grant, the appropriation available shall
22 be proportionately prorated by the State Board of Education
23 amongst all districts filing for and entitled to payments.
24 (7) The State Board of Education shall promulgate the
25 required claim forms and rules necessary to implement the
26 provisions of this subsection.
27 (O) References.
28 (1) References in other laws to the various subdivisions
29 of Section 18-8 as that Section existed before its repeal and
30 replacement by this Section 18-8.05 shall be deemed to refer
31 to the corresponding provisions of this Section 18-8.05, to
32 the extent that those references remain applicable.
33 (2) References in other laws to State Chapter 1 funds
34 shall be deemed to refer to the supplemental general State
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1 aid provided under subsection (H) of this Section.
2 (Source: P.A. 90-548, eff. 7-1-98.)
3 Section 99. Effective date. This Act takes effect July
4 1, 1998.