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90_SB1377
105 ILCS 5/18-8.05
Amends the School Code. Changes the name of the
Education Funding Advisory Board to the Education Funding
Review Board. Provides, for school years after the 2000-2001
school year, that the Board shall file a report specifying
the foundation level and the supplemental general State aid
grant level for the 2 ensuing school years. Provides that
changes in those levels take effect for the school year
specified by the Board unless the General Assembly, within 30
session days after each chamber next convenes after the
report is filed, by resolution disapproves the report in
whole or specifies a different foundation or supplemental
general State aid grant level. Provides that if the General
Assembly specifies a different level in the resolution, that
level takes effect for the school year for which it is
specified. Adds related provisions continuing in effect
those levels in which no change is made.
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LRB9011278THpk
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 low-income eligible pupil count from the most
16 recently available federal census divided by the Average
17 Daily Attendance of the school district.
18 (2) Supplemental general State aid pursuant to this
19 subsection shall be provided as follows:
20 (a) For any school district with a Low Income
21 Concentration Level of at least 20% and less than 35%,
22 the grant for any school year shall be $800 multiplied by
23 the low income eligible pupil count.
24 (b) For any school district with a Low Income
25 Concentration Level of at least 35% and less than 50%,
26 the grant for the 1998-1999 school year shall be $1,100
27 multiplied by the low income eligible pupil count.
28 (c) For any school district with a Low Income
29 Concentration Level of at least 50% and less than 60%,
30 the grant for the 1998-99 school year shall be $1,500
31 multiplied by the low income eligible pupil count.
32 (d) For any school district with a Low Income
33 Concentration Level of 60% or more, the grant for the
34 1998-99 school year shall be $1,900 multiplied by the low
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1 income eligible pupil count.
2 (e) For the 1999-2000 school year, the per pupil
3 amount specified in subparagraphs (b), (c), and (d),
4 immediately above shall be increased by $100 to $1,200,
5 $1,600, and $2,000, respectively.
6 (f) For the 2000-2001 school year, the per pupil
7 amounts specified in subparagraphs (b), (c) and (d)
8 immediately above shall be increased to $1,230, $1,640,
9 and $2,050, respectively.
10 (3) School districts with an Average Daily Attendance of
11 more than 1,000 and less than 50,000 that qualify for
12 supplemental general State aid pursuant to this subsection
13 shall submit a plan to the State Board of Education prior to
14 October 30 of each year for the use of the funds resulting
15 from this grant of supplemental general State aid for the
16 improvement of instruction in which priority is given to
17 meeting the education needs of disadvantaged children. Such
18 plan shall be submitted in accordance with rules and
19 regulations promulgated by the State Board of Education.
20 (4) School districts with an Average Daily Attendance of
21 50,000 or more that qualify for supplemental general State
22 aid pursuant to this subsection shall be required to
23 distribute from funds available pursuant to this Section, no
24 less than $261,000,000 in accordance with the following
25 requirements:
26 (a) The required amounts shall be distributed to
27 the attendance centers within the district in proportion
28 to the number of pupils enrolled at each attendance
29 center who are eligible to receive free or reduced-price
30 lunches or breakfasts under the federal Child Nutrition
31 Act of 1966 and under the National School Lunch Act
32 during the immediately preceding school year.
33 (b) The distribution of these portions of
34 supplemental and general State aid among attendance
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1 centers according to these requirements shall not be
2 compensated for or contravened by adjustments of the
3 total of other funds appropriated to any attendance
4 centers, and the Board of Education shall utilize funding
5 from one or several sources in order to fully implement
6 this provision annually prior to the opening of school.
7 (c) Each attendance center shall be provided by the
8 school district a distribution of noncategorical funds
9 and other categorical funds to which an attendance center
10 is entitled under law in order that the general State aid
11 and supplemental general State aid provided by
12 application of this subsection supplements rather than
13 supplants the noncategorical funds and other categorical
14 funds provided by the school district to the attendance
15 centers.
16 (d) Any funds made available under this subsection
17 that by reason of the provisions of this subsection are
18 not required to be allocated and provided to attendance
19 centers may be used and appropriated by the board of the
20 district for any lawful school purpose.
21 (e) Funds received by an attendance center pursuant
22 to this subsection shall be used by the attendance center
23 at the discretion of the principal and local school
24 council for programs to improve educational opportunities
25 at qualifying schools through the following programs and
26 services: early childhood education, reduced class size
27 or improved adult to student classroom ratio, enrichment
28 programs, remedial assistance, attendance improvement and
29 other educationally beneficial expenditures which
30 supplement the regular and basic programs as determined
31 by the State Board of Education. Funds provided shall
32 not be expended for any political or lobbying purposes as
33 defined by board rule.
34 (f) Each district subject to the provisions of this
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1 subdivision (H)(4) shall submit an acceptable plan to
2 meet the educational needs of disadvantaged children, in
3 compliance with the requirements of this paragraph, to
4 the State Board of Education prior to July 15 of each
5 year. This plan shall be consistent with the decisions of
6 local school councils concerning the school expenditure
7 plans developed in accordance with part 4 of Section
8 34-2.3. The State Board shall approve or reject the plan
9 within 60 days after its submission. If the plan is
10 rejected, the district shall give written notice of
11 intent to modify the plan within 15 days of the
12 notification of rejection and then submit a modified plan
13 within 30 days after the date of the written notice of
14 intent to modify. Districts may amend approved plans
15 pursuant to rules promulgated by the State Board of
16 Education.
17 Upon notification by the State Board of Education
18 that the district has not submitted a plan prior to July
19 15 or a modified plan within the time period specified
20 herein, the State aid funds affected by that plan or
21 modified plan shall be withheld by the State Board of
22 Education until a plan or modified plan is submitted.
23 If the district fails to distribute State aid to
24 attendance centers in accordance with an approved plan,
25 the plan for the following year shall allocate funds, in
26 addition to the funds otherwise required by this
27 subsection, to those attendance centers which were
28 underfunded during the previous year in amounts equal to
29 such underfunding.
30 For purposes of determining compliance with this
31 subsection in relation to the requirements of attendance
32 center funding, each district subject to the provisions
33 of this subsection shall submit as a separate document by
34 December 1 of each year a report of expenditure data for
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1 the prior year in addition to any modification of its
2 current plan. If it is determined that there has been a
3 failure to comply with the expenditure provisions of this
4 subsection regarding contravention or supplanting, the
5 State Superintendent of Education shall, within 60 days
6 of receipt of the report, notify the district and any
7 affected local school council. The district shall within
8 45 days of receipt of that notification inform the State
9 Superintendent of Education of the remedial or corrective
10 action to be taken, whether by amendment of the current
11 plan, if feasible, or by adjustment in the plan for the
12 following year. Failure to provide the expenditure
13 report or the notification of remedial or corrective
14 action in a timely manner shall result in a withholding
15 of the affected funds.
16 The State Board of Education shall promulgate rules
17 and regulations to implement the provisions of this
18 subsection. No funds shall be released under this
19 subdivision (H)(4) to any district that has not submitted
20 a plan that has been approved by the State Board of
21 Education.
22 (I) General State Aid for Newly Configured School Districts.
23 (1) For a new school district formed by combining
24 property included totally within 2 or more previously
25 existing school districts, for its first year of existence
26 the general State aid and supplemental general State aid
27 calculated under this Section shall be computed for the new
28 district and for the previously existing districts for which
29 property is totally included within the new district. If the
30 computation on the basis of the previously existing districts
31 is greater, a supplementary payment equal to the difference
32 shall be made for the first 4 years of existence of the new
33 district.
34 (2) For a school district which annexes all of the
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1 territory of one or more entire other school districts, for
2 the first year during which the change of boundaries
3 attributable to such annexation becomes effective for all
4 purposes as determined under Section 7-9 or 7A-8, the general
5 State aid and supplemental general State aid calculated under
6 this Section shall be computed for the annexing district as
7 constituted after the annexation and for the annexing and
8 each annexed district as constituted prior to the annexation;
9 and if the computation on the basis of the annexing and
10 annexed districts as constituted prior to the annexation is
11 greater, a supplementary payment equal to the difference
12 shall be made for the first 4 years of existence of the
13 annexing school district as constituted upon such annexation.
14 (3) For 2 or more school districts which annex all of
15 the territory of one or more entire other school districts,
16 and for 2 or more community unit districts which result upon
17 the division (pursuant to petition under Section 11A-2) of
18 one or more other unit school districts into 2 or more parts
19 and which together include all of the parts into which such
20 other unit school district or districts are so divided, for
21 the first year during which the change of boundaries
22 attributable to such annexation or division becomes effective
23 for all purposes as determined under Section 7-9 or 11A-10,
24 as the case may be, the general State aid and supplemental
25 general State aid calculated under this Section shall be
26 computed for each annexing or resulting district as
27 constituted after the annexation or division and for each
28 annexing and annexed district, or for each resulting and
29 divided district, as constituted prior to the annexation or
30 division; and if the aggregate of the general State aid and
31 supplemental general State aid as so computed for the
32 annexing or resulting districts as constituted after the
33 annexation or division is less than the aggregate of the
34 general State aid and supplemental general State aid as so
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1 computed for the annexing and annexed districts, or for the
2 resulting and divided districts, as constituted prior to the
3 annexation or division, then a supplementary payment equal to
4 the difference shall be made and allocated between or among
5 the annexing or resulting districts, as constituted upon such
6 annexation or division, for the first 4 years of their
7 existence. The total difference payment shall be allocated
8 between or among the annexing or resulting districts in the
9 same ratio as the pupil enrollment from that portion of the
10 annexed or divided district or districts which is annexed to
11 or included in each such annexing or resulting district bears
12 to the total pupil enrollment from the entire annexed or
13 divided district or districts, as such pupil enrollment is
14 determined for the school year last ending prior to the date
15 when the change of boundaries attributable to the annexation
16 or division becomes effective for all purposes. The amount
17 of the total difference payment and the amount thereof to be
18 allocated to the annexing or resulting districts shall be
19 computed by the State Board of Education on the basis of
20 pupil enrollment and other data which shall be certified to
21 the State Board of Education, on forms which it shall provide
22 for that purpose, by the regional superintendent of schools
23 for each educational service region in which the annexing and
24 annexed districts, or resulting and divided districts are
25 located.
26 (4) Any supplementary payment made under this subsection
27 (I) shall be treated as separate from all other payments made
28 pursuant to this Section.
29 (J) Supplementary Grants in Aid.
30 (1) Notwithstanding any other provisions of this
31 Section, the amount of the aggregate general State aid in
32 combination with supplemental general State aid under this
33 Section for which each school district is eligible for the
34 1998-1999 school year shall be no less than the amount of the
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1 aggregate general State aid entitlement that was received by
2 the district under Section 18-8 (exclusive of amounts
3 received under subsections 5(p) and 5(p-5) of that Section)
4 for the 1997-98 school year, pursuant to the provisions of
5 that Section as it was then in effect. If a school district
6 qualifies to receive a supplementary payment made under this
7 subsection (J) for the 1998-1999 school year, the amount of
8 the aggregate general State aid in combination with
9 supplemental general State aid under this Section which that
10 district is eligible to receive for each school year
11 subsequent to the 1998-1999 school year shall be no less than
12 the amount of the aggregate general State aid entitlement
13 that was received by the district under Section 18-8
14 (exclusive of amounts received under subsections 5(p) and
15 5(p-5) of that Section) for the 1997-1998 school year,
16 pursuant to the provisions of that Section as it was then in
17 effect.
18 (2) If, as provided in paragraph (1) of this subsection
19 (J), a school district is to receive aggregate general State
20 aid in combination with supplemental general State aid under
21 this Section for the 1998-99 school year, or for the 1998-99
22 school year and any subsequent school year, that in any such
23 school year is less than the amount of the aggregate general
24 State aid entitlement that the district received for the
25 1997-98 school year, the school district shall also receive,
26 from a separate appropriation made for purposes of this
27 subsection (J), a supplementary payment that is equal to the
28 amount of the difference in the aggregate State aid figures
29 as described in paragraph (1).
30 (3) If the amount appropriated for supplementary
31 payments to school districts under this subsection (J) is
32 insufficient for that purpose, the supplementary payments
33 that districts are to receive under this subsection shall be
34 prorated according to the aggregate amount of the
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1 appropriation made for purposes of this subsection.
2 (K) Grants to Laboratory and Alternative Schools.
3 In calculating the amount to be paid to the governing
4 board of a public university that operates a laboratory
5 school under this Section or to any alternative school that
6 is operated by a regional superintendent, the State Board of
7 Education shall require by rule such reporting requirements
8 as it deems necessary.
9 As used in this Section, "laboratory school" means a
10 public school which is created and operated by a public
11 university and approved by the State Board of Education. The
12 governing board of a public university which receives funds
13 from the State Board under this subsection (K) may not
14 increase the number of students enrolled in its laboratory
15 school from a single district, if that district is already
16 sending 50 or more students, except under a mutual agreement
17 between the school board of a student's district of residence
18 and the university which operates the laboratory school. A
19 laboratory school may not have more than 1,000 students,
20 excluding students with disabilities in a special education
21 program.
22 As used in this Section, "alternative school" means a
23 public school which is created and operated by a Regional
24 Superintendent of Schools and approved by the State Board of
25 Education. Such alternative schools may offer courses of
26 instruction for which credit is given in regular school
27 programs, courses to prepare students for the high school
28 equivalency testing program or vocational and occupational
29 training.
30 Each laboratory and alternative school shall file, on
31 forms provided by the State Superintendent of Education, an
32 annual State aid claim which states the Average Daily
33 Attendance of the school's students by month. The best 3
34 months' Average Daily Attendance shall be computed for each
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1 school. The general State aid entitlement shall be computed
2 by multiplying the applicable Average Daily Attendance by the
3 Foundation Level as determined under this Section.
4 (L) Payments, Additional Grants in Aid and Other
5 Requirements.
6 (1) For a school district operating under the financial
7 supervision of an Authority created under Article 34A, the
8 general State aid otherwise payable to that district under
9 this Section, but not the supplemental general State aid,
10 shall be reduced by an amount equal to the budget for the
11 operations of the Authority as certified by the Authority to
12 the State Board of Education, and an amount equal to such
13 reduction shall be paid to the Authority created for such
14 district for its operating expenses in the manner provided in
15 Section 18-11. The remainder of general State school aid for
16 any such district shall be paid in accordance with Article
17 34A when that Article provides for a disposition other than
18 that provided by this Article.
19 (2) Impaction. Impaction payments shall be made as
20 provided for in Section 18-4.2.
21 (3) Summer school. Summer school payments shall be made
22 as provided in Section 18-4.3.
23 (M) Education Funding Review Advisory Board.
24 The Education Funding Review Advisory Board, hereinafter
25 in this subsection (M) referred to as the "Board", is hereby
26 created. The Board shall consist of 5 members who are
27 appointed by the Governor, by and with the advice and consent
28 of the Senate. The members appointed shall include
29 representatives of education, business, and the general
30 public. One of the members so appointed shall be designated
31 by the Governor at the time the appointment is made as the
32 chairperson of the Board. The initial members of the Board
33 may be appointed any time after the effective date of this
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1 amendatory Act of 1997. The regular term of each member of
2 the Board shall be for 4 years from the third Monday of
3 January of the year in which the term of the member's
4 appointment is to commence, except that of the 5 initial
5 members appointed to serve on the Board, the member who is
6 appointed as the chairperson shall serve for a term that
7 commences on the date of his or her appointment and expires
8 on the third Monday of January, 2002, and the remaining 4
9 members, by lots drawn at the first meeting of the Board that
10 is held after all 5 members are appointed, shall determine 2
11 of their number to serve for terms that commence on the date
12 of their respective appointments and expire on the third
13 Monday of January, 2001, and 2 of their number to serve for
14 terms that commence on the date of their respective
15 appointments and expire on the third Monday of January, 2000.
16 All members appointed to serve on the Board shall serve until
17 their respective successors are appointed and confirmed.
18 Vacancies shall be filled in the same manner as original
19 appointments. If a vacancy in membership occurs at a time
20 when the Senate is not in session, the Governor shall make a
21 temporary appointment until the next meeting of the Senate,
22 when he or she shall appoint, by and with the advice and
23 consent of the Senate, a person to fill that membership for
24 the unexpired term. If the Senate is not in session when the
25 initial appointments are made, those appointments shall be
26 made as in the case of vacancies.
27 The Education Funding Review Advisory Board shall be
28 deemed established, and the initial members appointed by the
29 Governor to serve as members of the Board shall take office,
30 on the date that the Governor makes his or her appointment of
31 the fifth initial member of the Board, whether those initial
32 members are then serving pursuant to appointment and
33 confirmation or pursuant to temporary appointments that are
34 made by the Governor as in the case of vacancies.
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1 The State Board of Education shall provide such staff
2 assistance to the Education Funding Review Advisory Board as
3 is reasonably required for the proper performance by the
4 Board of its responsibilities.
5 For school years after the 2000-2001 school year, the
6 Education Funding Review Advisory Board, in consultation with
7 the State Board of Education, shall prepare and file with the
8 General Assembly make recommendations as provided in this
9 subsection (M) its report specifying, to the General Assembly
10 for the school year next commencing after the filing of its
11 report and the next succeeding school year, the foundation
12 level under subdivision (B)(3) of this Section and for the
13 supplemental general State aid grant level under subsection
14 (H) of this Section for districts with high concentrations of
15 children from poverty. The specified recommended foundation
16 level shall be determined based on a methodology which
17 incorporates the basic education expenditures of low-spending
18 schools exhibiting high academic performance.
19 The Education Funding Review Board shall conduct public
20 hearings before filing a report under this subsection. At
21 the public hearings the Board shall allow interested persons
22 to present their views and comments. The Board may prescribe
23 reasonable rules for the conduct of the public hearings. The
24 meetings of the Board are subject to the Open Meetings Act.
25 The Education Funding Review Advisory Board shall file
26 its report with make such recommendations to the General
27 Assembly on January 1 of odd numbered years, beginning
28 January 1, 2001.
29 If the report increases the foundation level under
30 subdivision (B)(3) of this Section or the supplemental
31 general State aid grant level under subsection (H) of this
32 Section, the increase shall take effect for the school year
33 for which the increase is specified in the report unless the
34 General Assembly disapproves the report in whole or specifies
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1 a different foundation level or supplemental general State
2 aid grant level, within 30 session days after each house of
3 the legislature next convenes after the report is filed, by
4 adoption of a resolution by a record vote of the majority of
5 the members elected in each house. The resolution shall be
6 binding upon the Board, and if the resolution specifies a
7 different foundation level or supplemental general State aid
8 grant level, the level as specified in the resolution shall
9 take effect for the school year for which it is specified.
10 If the Board fails to specify a change in the foundation
11 level or the supplemental general State aid grant level or if
12 the General Assembly disapproves the report of the Board in
13 whole without specifying in the resolution a change in the
14 foundation level or supplemental general State aid grant
15 level, the level or levels in effect for the school year in
16 which the Board's report is filed and in which no change is
17 made as provided in this subsection (N) shall continue to
18 apply to the ensuing school years unless changed in
19 accordance with law.
20 (N) General State Aid Adjustment Grant.
21 (1) Any school district subject to property tax
22 extension limitations as imposed under the provisions of the
23 Property Tax Extension Limitation Law shall be entitled to
24 receive, subject to the qualifications and requirements of
25 this subsection, a general State aid adjustment grant.
26 Eligibility for this grant shall be determined on an annual
27 basis and claims for grant payments shall be paid subject to
28 appropriations made specific to this subsection. For
29 purposes of this subsection the following terms shall have
30 the following meanings:
31 "Budget Year": The school year for which general State
32 aid is calculated and awarded under subsection (E).
33 "Current Year": The school year immediately preceding
34 the Budget Year.
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1 "Base Tax Year": The property tax levy year used to
2 calculate the Budget Year allocation of general State aid.
3 "Preceding Tax Year": The property tax levy year
4 immediately preceding the Base Tax Year.
5 "Extension Limitation Ratio": A numerical ratio,
6 certified by a school district's County Clerk, in which the
7 numerator is the Base Tax Year's tax extension amount
8 resulting from the Operating Tax Rate and the denominator is
9 the Preceding Tax Year's tax extension amount resulting from
10 the Operating Tax Rate.
11 "Operating Tax Rate": The operating tax rate as defined
12 in subsection (A).
13 (2) To qualify for a general State aid adjustment grant,
14 a school district must meet all of the following eligibility
15 criteria for each Budget Year for which a grant is claimed:
16 (a) The Operating Tax Rate of the school district
17 in the Preceding Tax Year was at least 3.00% in the case
18 of a school district maintaining grades kindergarten
19 through 12, at least 2.30% in the case of a school
20 district maintaining grades kindergarten through 8, or at
21 least 1.41% in the case of a school district maintaining
22 grades 9 through 12.
23 (b) The Operating Tax Rate of the school district
24 for the Base Tax Year was reduced by the Clerk of the
25 County as a result of the requirements of the Property
26 Tax Extension Limitation Law.
27 (c) The Available Local Resources per pupil of the
28 school district as calculated pursuant to subsection (D)
29 using the Base Tax Year are less than the product of 1.75
30 times the Foundation Level for the Budget Year.
31 (d) The school district has filed a proper and
32 timely claim for a general State aid adjustment grant as
33 required under this subsection.
34 (3) A claim for grant assistance under this subsection
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1 shall be filed with the State Board of Education on or before
2 January 1 of the Current Year for a grant for the Budget
3 Year. The claim shall be made on forms prescribed by the
4 State Board of Education and must be accompanied by a written
5 statement from the Clerk of the County, certifying:
6 (a) That the school district has its extension for
7 the Base Tax Year reduced as a result of the Property Tax
8 Extension Limitation Law.
9 (b) That the Operating Tax Rate of the school
10 district for the Preceding Tax Year met the tax rate
11 requirements of subdivision (N)(2) of this Section.
12 (c) The Extension Limitation Ratio as that term is
13 defined in this subsection.
14 (4) On or before August 1 of the Budget Year the State
15 Board of Education shall calculate, for all school districts
16 meeting the other requirements of this subsection, the amount
17 of the general State aid adjustment grant, if any, that the
18 school districts are eligible to receive in the Budget Year.
19 The amount of the general State aid adjustment grant shall be
20 calculated as follows:
21 (a) Determine the school district's general State
22 aid grant for the Budget Year as provided in accordance
23 with the provisions of subsection (E).
24 (b) Determine the school district's adjusted level
25 of general State aid by utilizing in the calculation of
26 Available Local Resources an equalized assessed valuation
27 that is the equalized assessed valuation of the Preceding
28 Tax Year multiplied by the Extension Limitation Ratio.
29 (c) Subtract the sum derived in subparagraph (a)
30 from the sum derived in subparagraph (b). If the result
31 is a positive number, that amount shall be the general
32 State aid adjustment grant that the district is eligible
33 to receive.
34 (5) The State Board of Education shall in the Current
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1 Year, based upon claims filed in the Current Year, recommend
2 to the General Assembly an appropriation amount for the
3 general State aid adjustment grants to be made in the Budget
4 Year.
5 (6) Claims for general State aid adjustment grants shall
6 be paid in a lump sum on or before January 1 of the Budget
7 Year only from appropriations made by the General Assembly
8 expressly for claims under this subsection. No such claims
9 may be paid from amounts appropriated for any other purpose
10 provided for under this Section. In the event that the
11 appropriation for claims under this subsection is
12 insufficient to meet all Budget Year claims for a general
13 State aid adjustment grant, the appropriation available shall
14 be proportionately prorated by the State Board of Education
15 amongst all districts filing for and entitled to payments.
16 (7) The State Board of Education shall promulgate the
17 required claim forms and rules necessary to implement the
18 provisions of this subsection.
19 (O) References.
20 (1) References in other laws to the various subdivisions
21 of Section 18-8 as that Section existed before its repeal and
22 replacement by this Section 18-8.05 shall be deemed to refer
23 to the corresponding provisions of this Section 18-8.05, to
24 the extent that those references remain applicable.
25 (2) References in other laws to State Chapter 1 funds
26 shall be deemed to refer to the supplemental general State
27 aid provided under subsection (H) of this Section.
28 (Source: P.A. 90-548, eff. 7-1-98.)