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90_SB1529
105 ILCS 5/18-8.05
105 ILCS 235/15-10
105 ILCS 235/15-15
105 ILCS 235/15-20
105 ILCS 235/15-25 rep.
Amends the School Code. In the State aid formula
applicable to the 1998-1999 and subsequent school years,
provides that the Foundation Level of support for the
2001-2002 and subsequent school years shall be the Foundation
Level of support for the preceding school year increased by
an amount equal to that prior Foundation Level multiplied by
the percentage increase in the Consumer Price Index.
Eliminates provisions that create and prescribe the powers
and duties of the Education Funding Advisory Board. Also
amends the General State Aid Continuing Appropriation Law.
Makes that Law, which currently applies only to fiscal years
1999 through 2001, applicable to fiscal year 1999 and each
fiscal year thereafter, and also repeals a provision of that
Law that provides for the Law's repeal on June 30, 2001.
Effective July 1, 1998.
LRB9011552THpk
LRB9011552THpk
1 AN ACT relating to education funding.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing
5 Section 18-8.05 as follows:
6 (105 ILCS 5/18-8.05)
7 (This Section may contain text from a Public Act with a
8 delayed effective date.)
9 Sec. 18-8.05. Basis for apportionment of general State
10 financial aid and supplemental general State aid to the
11 common schools for the 1998-1999 and subsequent school years.
12 (A) General Provisions.
13 (1) The provisions of this Section apply to the
14 1998-1999 and subsequent school years. The system of general
15 State financial aid provided for in this Section is designed
16 to assure that, through a combination of State financial aid
17 and required local resources, the financial support provided
18 each pupil in Average Daily Attendance equals or exceeds a
19 prescribed per pupil Foundation Level. This formula approach
20 imputes a level of per pupil Available Local Resources and
21 provides for the basis to calculate a per pupil level of
22 general State financial aid that, when added to Available
23 Local Resources, equals or exceeds the Foundation Level. The
24 amount of per pupil general State financial aid for school
25 districts, in general, varies in inverse relation to
26 Available Local Resources. Per pupil amounts are based upon
27 each school district's Average Daily Attendance as that term
28 is defined in this Section.
29 (2) In addition to general State financial aid, school
30 districts with specified levels or concentrations of pupils
31 from low income households are eligible to receive
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1 supplemental general State financial aid grants as provided
2 pursuant to subsection (H). The supplemental State aid grants
3 provided for school districts under subsection (H) shall be
4 appropriated for distribution to school districts as part of
5 the same line item in which the general State financial aid
6 of school districts is appropriated under this Section.
7 (3) To receive financial assistance under this Section,
8 school districts are required to file claims with the State
9 Board of Education, subject to the following requirements:
10 (a) Any school district which fails for any given
11 school year to maintain school as required by law, or to
12 maintain a recognized school is not eligible to file for
13 such school year any claim upon the Common School Fund.
14 In case of nonrecognition of one or more attendance
15 centers in a school district otherwise operating
16 recognized schools, the claim of the district shall be
17 reduced in the proportion which the Average Daily
18 Attendance in the attendance center or centers bear to
19 the Average Daily Attendance in the school district. A
20 "recognized school" means any public school which meets
21 the standards as established for recognition by the State
22 Board of Education. A school district or attendance
23 center not having recognition status at the end of a
24 school term is entitled to receive State aid payments due
25 upon a legal claim which was filed while it was
26 recognized.
27 (b) School district claims filed under this Section
28 are subject to Sections 18-9, 18-10, and 18-12, except as
29 otherwise provided in this Section.
30 (c) If a school district operates a full year
31 school under Section 10-19.1, the general State aid to
32 the school district shall be determined by the State
33 Board of Education in accordance with this Section as
34 near as may be applicable.
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1 (d) Claims for financial assistance under this
2 Section shall not be recomputed except as expressly
3 provided under this Section.
4 (4) Except as provided in subsections (H) and (L), the
5 board of any district receiving any of the grants provided
6 for in this Section may apply those funds to any fund so
7 received for which that board is authorized to make
8 expenditures by law.
9 School districts are not required to exert a minimum
10 Operating Tax Rate in order to qualify for assistance under
11 this Section.
12 (5) As used in this Section the following terms, when
13 capitalized, shall have the meaning ascribed herein:
14 (a) "Average Daily Attendance": A count of pupil
15 attendance in school, averaged as provided for in
16 subsection (C) and utilized in deriving per pupil
17 financial support levels.
18 (b) "Available Local Resources": A computation of
19 local financial support, calculated on the basis Average
20 Daily Attendance and derived as provided pursuant to
21 subsection (D).
22 (c) "Corporate Personal Property Replacement
23 Taxes": Funds paid to local school districts pursuant to
24 "An Act in relation to the abolition of ad valorem
25 personal property tax and the replacement of revenues
26 lost thereby, and amending and repealing certain Acts and
27 parts of Acts in connection therewith", certified August
28 14, 1979, as amended (Public Act 81-1st S.S.-1).
29 (d) "Foundation Level": A prescribed level of per
30 pupil financial support as provided for in subsection
31 (B).
32 (e) "Operating Tax Rate": All school district
33 property taxes extended for all purposes, except
34 community college educational purposes for the payment of
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1 tuition under Section 6-1 of the Public Community College
2 Act, Bond and Interest, Summer School, Rent, Capital
3 Improvement, and Vocational Education Building purposes.
4 (B) Foundation Level.
5 (1) The Foundation Level is a figure established by the
6 State representing the minimum level of per pupil financial
7 support that should be available to provide for the basic
8 education of each pupil in Average Daily Attendance. As set
9 forth in this Section, each school district is assumed to
10 exert a sufficient local taxing effort such that, in
11 combination with the aggregate of general State financial aid
12 provided the district, an aggregate of State and local
13 resources are available to meet the basic education needs of
14 pupils in the district.
15 (2) For the 1998-1999 school year, the Foundation Level
16 of support is $4,225. For the 1999-2000 school year, the
17 Foundation Level of support is $4,325. For the 2000-2001
18 school year, the Foundation Level of support is $4,425.
19 (3) For the 2001-2002 school year and each school year
20 thereafter, the Foundation Level of support shall be an
21 amount equal to the Foundation Level of support for the
22 previous school year plus the product of that Foundation
23 Level of support multiplied by the percentage increase in the
24 "Consumer Price Index", as that term is defined in Section
25 18-185 of the Property Tax Extension Limitation Law, during
26 the 12-month calendar year in which commences the school year
27 for which the new Foundation Level of support is established.
28 For the 2001-2002 school year and each school year
29 thereafter, the Foundation Level of support is $4,425 or such
30 greater amount as may be established by law by the General
31 Assembly.
32 (C) Average Daily Attendance.
33 (1) For purposes of calculating general State aid
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1 pursuant to subsection (E), an Average Daily Attendance
2 figure shall be utilized. The Average Daily Attendance
3 figure for formula calculation purposes shall be the monthly
4 average of the actual number of pupils in attendance of each
5 school district, as further averaged for the best 3 months of
6 pupil attendance for each school district. In compiling the
7 figures for the number of pupils in attendance, school
8 districts and the State Board of Education shall, for
9 purposes of general State aid funding, conform attendance
10 figures to the requirements of subsection (F).
11 (2) The Average Daily Attendance figures utilized in
12 subsection (E) shall be the requisite attendance data for the
13 school year immediately preceding the school year for which
14 general State aid is being calculated.
15 (D) Available Local Resources.
16 (1) For purposes of calculating general State aid
17 pursuant to subsection (E), a representation of Available
18 Local Resources per pupil, as that term is defined and
19 determined in this subsection, shall be utilized. Available
20 Local Resources per pupil shall include a calculated dollar
21 amount representing local school district revenues from local
22 property taxes and from Corporate Personal Property
23 Replacement Taxes, expressed on the basis of pupils in
24 Average Daily Attendance.
25 (2) In determining a school district's revenue from
26 local property taxes, the State Board of Education shall
27 utilize the equalized assessed valuation of all taxable
28 property of each school district as of September 30 of the
29 previous year. The equalized assessed valuation utilized
30 shall be obtained and determined as provided in subsection
31 (G).
32 (3) For school districts maintaining grades kindergarten
33 through 12, local property tax revenues per pupil shall be
34 calculated as the product of the applicable equalized
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1 assessed valuation for the district multiplied by 3.00%, and
2 divided by the district's Average Daily Attendance figure.
3 For school districts maintaining grades kindergarten through
4 8, local property tax revenues per pupil shall be calculated
5 as the product of the applicable equalized assessed valuation
6 for the district multiplied by 2.30%, and divided by the
7 district's Average Daily Attendance figure. For school
8 districts maintaining grades 9 through 12, local property tax
9 revenues per pupil shall be the applicable equalized assessed
10 valuation of the district multiplied by 1.20%, and divided by
11 the district's Average Daily Attendance figure.
12 (4) The Corporate Personal Property Replacement Taxes
13 paid to each school district during the calendar year 2 years
14 before the calendar year in which a school year begins,
15 divided by the Average Daily Attendance figure for that
16 district, shall be added to the local property tax revenues
17 per pupil as derived by the application of the immediately
18 preceding paragraph (3). The sum of these per pupil figures
19 for each school district shall constitute Available Local
20 Resources as that term is utilized in subsection (E) in the
21 calculation of general State aid.
22 (E) Computation of General State Aid.
23 (1) For each school year, the amount of general State
24 aid allotted to a school district shall be computed by the
25 State Board of Education as provided in this subsection.
26 (2) For any school district for which Available Local
27 Resources per pupil is less than the product of 0.93 times
28 the Foundation Level, general State aid for that district
29 shall be calculated as an amount equal to the Foundation
30 Level minus Available Local Resources, multiplied by the
31 Average Daily Attendance of the school district.
32 (3) For any school district for which Available Local
33 Resources per pupil is equal to or greater than the product
34 of 0.93 times the Foundation Level and less than the product
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1 of 1.75 times the Foundation Level, the general State aid per
2 pupil shall be a decimal proportion of the Foundation Level
3 derived using a linear algorithm. Under this linear
4 algorithm, the calculated general State aid per pupil shall
5 decline in direct linear fashion from 0.07 times the
6 Foundation Level for a school district with Available Local
7 Resources equal to the product of 0.93 times the Foundation
8 Level, to 0.05 times the Foundation Level for a school
9 district with Available Local Resources equal to the product
10 of 1.75 times the Foundation Level. The allocation of
11 general State aid for school districts subject to this
12 paragraph 3 shall be the calculated general State aid per
13 pupil figure multiplied by the Average Daily Attendance of
14 the school district.
15 (4) For any school district for which Available Local
16 Resources per pupil equals or exceeds the product of 1.75
17 times the Foundation Level, the general State aid for the
18 school district shall be calculated as the product of $218
19 multiplied by the Average Daily Attendance of the school
20 district.
21 (F) Compilation of Average Daily Attendance.
22 (1) Each school district shall, by July 1 of each year,
23 submit to the State Board of Education, on forms prescribed
24 by the State Board of Education, attendance figures for the
25 school year that began in the preceding calendar year. The
26 attendance information so transmitted shall identify the
27 average daily attendance figures for each month of the school
28 year, except that any days of attendance in August shall be
29 added to the month of September and any days of attendance in
30 June shall be added to the month of May.
31 Except as otherwise provided in this Section, days of
32 attendance by pupils shall be counted only for sessions of
33 not less than 5 clock hours of school work per day under
34 direct supervision of: (i) teachers, or (ii) non-teaching
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1 personnel or volunteer personnel when engaging in
2 non-teaching duties and supervising in those instances
3 specified in subsection (a) of Section 10-22.34 and paragraph
4 10 of Section 34-18, with pupils of legal school age and in
5 kindergarten and grades 1 through 12.
6 Days of attendance by tuition pupils shall be accredited
7 only to the districts that pay the tuition to a recognized
8 school.
9 (2) Days of attendance by pupils of less than 5 clock
10 hours of school shall be subject to the following provisions
11 in the compilation of Average Daily Attendance.
12 (a) Pupils regularly enrolled in a public school
13 for only a part of the school day may be counted on the
14 basis of 1/6 day for every class hour of instruction of
15 40 minutes or more attended pursuant to such enrollment.
16 (b) Days of attendance may be less than 5 clock
17 hours on the opening and closing of the school term, and
18 upon the first day of pupil attendance, if preceded by a
19 day or days utilized as an institute or teachers'
20 workshop.
21 (c) A session of 4 or more clock hours may be
22 counted as a day of attendance upon certification by the
23 regional superintendent, and approved by the State
24 Superintendent of Education to the extent that the
25 district has been forced to use daily multiple sessions.
26 (d) A session of 3 or more clock hours may be
27 counted as a day of attendance (1) when the remainder of
28 the school day or at least 2 hours in the evening of that
29 day is utilized for an in-service training program for
30 teachers, up to a maximum of 5 days per school year of
31 which a maximum of 4 days of such 5 days may be used for
32 parent-teacher conferences, provided a district conducts
33 an in-service training program for teachers which has
34 been approved by the State Superintendent of Education;
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1 or, in lieu of 4 such days, 2 full days may be used, in
2 which event each such day may be counted as a day of
3 attendance; and (2) when days in addition to those
4 provided in item (1) are scheduled by a school pursuant
5 to its school improvement plan adopted under Article 34
6 or its revised or amended school improvement plan adopted
7 under Article 2, provided that (i) such sessions of 3 or
8 more clock hours are scheduled to occur at regular
9 intervals, (ii) the remainder of the school days in which
10 such sessions occur are utilized for in-service training
11 programs or other staff development activities for
12 teachers, and (iii) a sufficient number of minutes of
13 school work under the direct supervision of teachers are
14 added to the school days between such regularly scheduled
15 sessions to accumulate not less than the number of
16 minutes by which such sessions of 3 or more clock hours
17 fall short of 5 clock hours. Any full days used for the
18 purposes of this paragraph shall not be considered for
19 computing average daily attendance. Days scheduled for
20 in-service training programs, staff development
21 activities, or parent-teacher conferences may be
22 scheduled separately for different grade levels and
23 different attendance centers of the district.
24 (e) A session of not less than one clock hour
25 teaching of hospitalized or homebound pupils on-site or
26 by telephone to the classroom may be counted as 1/2 day
27 of attendance, however these pupils must receive 4 or
28 more clock hours of instruction to be counted for a full
29 day of attendance.
30 (f) A session of at least 4 clock hours may be
31 counted as a day of attendance for first grade pupils,
32 and pupils in full day kindergartens, and a session of 2
33 or more hours may be counted as 1/2 day of attendance by
34 pupils in kindergartens which provide only 1/2 day of
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1 attendance.
2 (g) For children with disabilities who are below
3 the age of 6 years and who cannot attend 2 or more clock
4 hours because of their disability or immaturity, a
5 session of not less than one clock hour may be counted as
6 1/2 day of attendance; however for such children whose
7 educational needs so require a session of 4 or more clock
8 hours may be counted as a full day of attendance.
9 (h) A recognized kindergarten which provides for
10 only 1/2 day of attendance by each pupil shall not have
11 more than 1/2 day of attendance counted in any 1 day.
12 However, kindergartens may count 2 1/2 days of attendance
13 in any 5 consecutive school days. When a pupil attends
14 such a kindergarten for 2 half days on any one school
15 day, the pupil shall have the following day as a day
16 absent from school, unless the school district obtains
17 permission in writing from the State Superintendent of
18 Education. Attendance at kindergartens which provide for
19 a full day of attendance by each pupil shall be counted
20 the same as attendance by first grade pupils. Only the
21 first year of attendance in one kindergarten shall be
22 counted, except in case of children who entered the
23 kindergarten in their fifth year whose educational
24 development requires a second year of kindergarten as
25 determined under the rules and regulations of the State
26 Board of Education.
27 (G) Equalized Assessed Valuation Data.
28 (1) For purposes of the calculation of Available Local
29 Resources required pursuant to subsection (D), the State
30 Board of Education shall secure from the Department of
31 Revenue the value as equalized or assessed by the Department
32 of Revenue of all taxable property of every school district
33 together with the applicable tax rate used in extending taxes
34 for the funds of the district as of September 30 of the
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1 previous year.
2 This equalized assessed valuation, as adjusted further by
3 the requirements of this subsection, shall be utilized in the
4 calculation of Available Local Resources.
5 (2) The equalized assessed valuation in paragraph (1)
6 shall be adjusted, as applicable, in the following manner:
7 (a) For the purposes of calculating State aid under
8 this Section, with respect to any part of a school
9 district within a redevelopment project area in respect
10 to which a municipality has adopted tax increment
11 allocation financing pursuant to the Tax Increment
12 Allocation Redevelopment Act, Sections 11-74.4-1 through
13 11-74.4-11 of the Illinois Municipal Code or the
14 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
15 11-74.6-50 of the Illinois Municipal Code, no part of the
16 current equalized assessed valuation of real property
17 located in any such project area which is attributable to
18 an increase above the total initial equalized assessed
19 valuation of such property shall be used as part of the
20 equalized assessed valuation of the district, until such
21 time as all redevelopment project costs have been paid,
22 as provided in Section 11-74.4-8 of the Tax Increment
23 Allocation Redevelopment Act or in Section 11-74.6-35 of
24 the Industrial Jobs Recovery Law. For the purpose of the
25 equalized assessed valuation of the district, the total
26 initial equalized assessed valuation or the current
27 equalized assessed valuation, whichever is lower, shall
28 be used until such time as all redevelopment project
29 costs have been paid.
30 (b) The real property equalized assessed valuation
31 for a school district shall be adjusted by subtracting
32 from the real property value as equalized or assessed by
33 the Department of Revenue for the district an amount
34 computed by dividing the amount of any abatement of taxes
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1 under Section 18-170 of the Property Tax Code by 3.00%
2 for a district maintaining grades kindergarten through 12
3 or by 2.30% for a district maintaining grades
4 kindergarten through 8, or by 1.20% for a district
5 maintaining grades 9 through 12 and adjusted by an amount
6 computed by dividing the amount of any abatement of taxes
7 under subsection (a) of Section 18-165 of the Property
8 Tax Code by the same percentage rates for district type
9 as specified in this subparagraph (c).
10 (H) Supplemental General State Aid.
11 (1) In addition to the general State aid a school
12 district is allotted pursuant to subsection (E), qualifying
13 school districts shall receive a grant, paid in conjunction
14 with a district's payments of general State aid, for
15 supplemental general State aid based upon the concentration
16 level of children from low-income households within the
17 school district. Supplemental State aid grants provided for
18 school districts under this subsection shall be appropriated
19 for distribution to school districts as part of the same line
20 item in which the general State financial aid of school
21 districts is appropriated under this Section. For purposes of
22 this subsection, the term "Low-Income Concentration Level"
23 shall be the low-income eligible pupil count from the most
24 recently available federal census divided by the Average
25 Daily Attendance of the school district.
26 (2) Supplemental general State aid pursuant to this
27 subsection shall be provided as follows:
28 (a) For any school district with a Low Income
29 Concentration Level of at least 20% and less than 35%,
30 the grant for any school year shall be $800 multiplied by
31 the low income eligible pupil count.
32 (b) For any school district with a Low Income
33 Concentration Level of at least 35% and less than 50%,
34 the grant for the 1998-1999 school year shall be $1,100
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1 multiplied by the low income eligible pupil count.
2 (c) For any school district with a Low Income
3 Concentration Level of at least 50% and less than 60%,
4 the grant for the 1998-99 school year shall be $1,500
5 multiplied by the 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 low
9 income eligible pupil count.
10 (e) For the 1999-2000 school year, the per pupil
11 amount specified in subparagraphs (b), (c), and (d),
12 immediately above shall be increased by $100 to $1,200,
13 $1,600, and $2,000, respectively.
14 (f) For the 2000-2001 school year, the per pupil
15 amounts specified in subparagraphs (b), (c) and (d)
16 immediately above shall be increased to $1,230, $1,640,
17 and $2,050, respectively.
18 (3) School districts with an Average Daily Attendance of
19 more than 1,000 and less than 50,000 that qualify for
20 supplemental general State aid pursuant to this subsection
21 shall submit a plan to the State Board of Education prior to
22 October 30 of each year for the use of the funds resulting
23 from this grant of supplemental general State aid for the
24 improvement of instruction in which priority is given to
25 meeting the education needs of disadvantaged children. Such
26 plan shall be submitted in accordance with rules and
27 regulations promulgated by the State Board of Education.
28 (4) School districts with an Average Daily Attendance of
29 50,000 or more that qualify for supplemental general State
30 aid pursuant to this subsection shall be required to
31 distribute from funds available pursuant to this Section, no
32 less than $261,000,000 in accordance with the following
33 requirements:
34 (a) The required amounts shall be distributed to
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1 the attendance centers within the district in proportion
2 to the number of pupils enrolled at each attendance
3 center who are eligible to receive free or reduced-price
4 lunches or breakfasts under the federal Child Nutrition
5 Act of 1966 and under the National School Lunch Act
6 during the immediately preceding school year.
7 (b) The distribution of these portions of
8 supplemental and general State aid among attendance
9 centers according to these requirements shall not be
10 compensated for or contravened by adjustments of the
11 total of other funds appropriated to any attendance
12 centers, and the Board of Education shall utilize funding
13 from one or several sources in order to fully implement
14 this provision annually prior to the opening of school.
15 (c) Each attendance center shall be provided by the
16 school district a distribution of noncategorical funds
17 and other categorical funds to which an attendance center
18 is entitled under law in order that the general State aid
19 and supplemental general State aid provided by
20 application of this subsection supplements rather than
21 supplants the noncategorical funds and other categorical
22 funds provided by the school district to the attendance
23 centers.
24 (d) Any funds made available under this subsection
25 that by reason of the provisions of this subsection are
26 not required to be allocated and provided to attendance
27 centers may be used and appropriated by the board of the
28 district for any lawful school purpose.
29 (e) Funds received by an attendance center pursuant
30 to this subsection shall be used by the attendance center
31 at the discretion of the principal and local school
32 council for programs to improve educational opportunities
33 at qualifying schools through the following programs and
34 services: early childhood education, reduced class size
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1 or improved adult to student classroom ratio, enrichment
2 programs, remedial assistance, attendance improvement and
3 other educationally beneficial expenditures which
4 supplement the regular and basic programs as determined
5 by the State Board of Education. Funds provided shall
6 not be expended for any political or lobbying purposes as
7 defined by board rule.
8 (f) Each district subject to the provisions of this
9 subdivision (H)(4) shall submit an acceptable plan to
10 meet the educational needs of disadvantaged children, in
11 compliance with the requirements of this paragraph, to
12 the State Board of Education prior to July 15 of each
13 year. This plan shall be consistent with the decisions of
14 local school councils concerning the school expenditure
15 plans developed in accordance with part 4 of Section
16 34-2.3. The State Board shall approve or reject the plan
17 within 60 days after its submission. If the plan is
18 rejected, the district shall give written notice of
19 intent to modify the plan within 15 days of the
20 notification of rejection and then submit a modified plan
21 within 30 days after the date of the written notice of
22 intent to modify. Districts may amend approved plans
23 pursuant to rules promulgated by the State Board of
24 Education.
25 Upon notification by the State Board of Education
26 that the district has not submitted a plan prior to July
27 15 or a modified plan within the time period specified
28 herein, the State aid funds affected by that plan or
29 modified plan shall be withheld by the State Board of
30 Education until a plan or modified plan is submitted.
31 If the district fails to distribute State aid to
32 attendance centers in accordance with an approved plan,
33 the plan for the following year shall allocate funds, in
34 addition to the funds otherwise required by this
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1 subsection, to those attendance centers which were
2 underfunded during the previous year in amounts equal to
3 such underfunding.
4 For purposes of determining compliance with this
5 subsection in relation to the requirements of attendance
6 center funding, each district subject to the provisions
7 of this subsection shall submit as a separate document by
8 December 1 of each year a report of expenditure data for
9 the prior year in addition to any modification of its
10 current plan. If it is determined that there has been a
11 failure to comply with the expenditure provisions of this
12 subsection regarding contravention or supplanting, the
13 State Superintendent of Education shall, within 60 days
14 of receipt of the report, notify the district and any
15 affected local school council. The district shall within
16 45 days of receipt of that notification inform the State
17 Superintendent of Education of the remedial or corrective
18 action to be taken, whether by amendment of the current
19 plan, if feasible, or by adjustment in the plan for the
20 following year. Failure to provide the expenditure
21 report or the notification of remedial or corrective
22 action in a timely manner shall result in a withholding
23 of the affected funds.
24 The State Board of Education shall promulgate rules
25 and regulations to implement the provisions of this
26 subsection. No funds shall be released under this
27 subdivision (H)(4) to any district that has not submitted
28 a plan that has been approved by the State Board of
29 Education.
30 (I) General State Aid for Newly Configured School Districts.
31 (1) For a new school district formed by combining
32 property included totally within 2 or more previously
33 existing school districts, for its first year of existence
34 the general State aid and supplemental general State aid
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1 calculated under this Section shall be computed for the new
2 district and for the previously existing districts for which
3 property is totally included within the new district. If the
4 computation on the basis of the previously existing districts
5 is greater, a supplementary payment equal to the difference
6 shall be made for the first 4 years of existence of the new
7 district.
8 (2) For a school district which annexes all of the
9 territory of one or more entire other school districts, for
10 the first year during which the change of boundaries
11 attributable to such annexation becomes effective for all
12 purposes as determined under Section 7-9 or 7A-8, the general
13 State aid and supplemental general State aid calculated under
14 this Section shall be computed for the annexing district as
15 constituted after the annexation and for the annexing and
16 each annexed district as constituted prior to the annexation;
17 and if the computation on the basis of the annexing and
18 annexed districts as constituted prior to the annexation is
19 greater, a supplementary payment equal to the difference
20 shall be made for the first 4 years of existence of the
21 annexing school district as constituted upon such annexation.
22 (3) For 2 or more school districts which annex all of
23 the territory of one or more entire other school districts,
24 and for 2 or more community unit districts which result upon
25 the division (pursuant to petition under Section 11A-2) of
26 one or more other unit school districts into 2 or more parts
27 and which together include all of the parts into which such
28 other unit school district or districts are so divided, for
29 the first year during which the change of boundaries
30 attributable to such annexation or division becomes effective
31 for all purposes as determined under Section 7-9 or 11A-10,
32 as the case may be, the general State aid and supplemental
33 general State aid calculated under this Section shall be
34 computed for each annexing or resulting district as
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1 constituted after the annexation or division and for each
2 annexing and annexed district, or for each resulting and
3 divided district, as constituted prior to the annexation or
4 division; and if the aggregate of the general State aid and
5 supplemental general State aid as so computed for the
6 annexing or resulting districts as constituted after the
7 annexation or division is less than the aggregate of the
8 general State aid and supplemental general State aid as so
9 computed for the annexing and annexed districts, or for the
10 resulting and divided districts, as constituted prior to the
11 annexation or division, then a supplementary payment equal to
12 the difference shall be made and allocated between or among
13 the annexing or resulting districts, as constituted upon such
14 annexation or division, for the first 4 years of their
15 existence. The total difference payment shall be allocated
16 between or among the annexing or resulting districts in the
17 same ratio as the pupil enrollment from that portion of the
18 annexed or divided district or districts which is annexed to
19 or included in each such annexing or resulting district bears
20 to the total pupil enrollment from the entire annexed or
21 divided district or districts, as such pupil enrollment is
22 determined for the school year last ending prior to the date
23 when the change of boundaries attributable to the annexation
24 or division becomes effective for all purposes. The amount
25 of the total difference payment and the amount thereof to be
26 allocated to the annexing or resulting districts shall be
27 computed by the State Board of Education on the basis of
28 pupil enrollment and other data which shall be certified to
29 the State Board of Education, on forms which it shall provide
30 for that purpose, by the regional superintendent of schools
31 for each educational service region in which the annexing and
32 annexed districts, or resulting and divided districts are
33 located.
34 (4) Any supplementary payment made under this subsection
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1 (I) shall be treated as separate from all other payments made
2 pursuant to this Section.
3 (J) Supplementary Grants in Aid.
4 (1) Notwithstanding any other provisions of this
5 Section, the amount of the aggregate general State aid in
6 combination with supplemental general State aid under this
7 Section for which each school district is eligible for the
8 1998-1999 school year shall be no less than the amount of the
9 aggregate general State aid entitlement that was received by
10 the district under Section 18-8 (exclusive of amounts
11 received under subsections 5(p) and 5(p-5) of that Section)
12 for the 1997-98 school year, pursuant to the provisions of
13 that Section as it was then in effect. If a school district
14 qualifies to receive a supplementary payment made under this
15 subsection (J) for the 1998-1999 school year, the amount of
16 the aggregate general State aid in combination with
17 supplemental general State aid under this Section which that
18 district is eligible to receive for each school year
19 subsequent to the 1998-1999 school year shall be no less than
20 the amount of the aggregate general State aid entitlement
21 that was received by the district under Section 18-8
22 (exclusive of amounts received under subsections 5(p) and
23 5(p-5) of that Section) for the 1997-1998 school year,
24 pursuant to the provisions of that Section as it was then in
25 effect.
26 (2) If, as provided in paragraph (1) of this subsection
27 (J), a school district is to receive aggregate general State
28 aid in combination with supplemental general State aid under
29 this Section for the 1998-99 school year, or for the 1998-99
30 school year and any subsequent school year, that in any such
31 school year is less than the amount of the aggregate general
32 State aid entitlement that the district received for the
33 1997-98 school year, the school district shall also receive,
34 from a separate appropriation made for purposes of this
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1 subsection (J), a supplementary payment that is equal to the
2 amount of the difference in the aggregate State aid figures
3 as described in paragraph (1).
4 (3) If the amount appropriated for supplementary
5 payments to school districts under this subsection (J) is
6 insufficient for that purpose, the supplementary payments
7 that districts are to receive under this subsection shall be
8 prorated according to the aggregate amount of the
9 appropriation made for purposes of this subsection.
10 (K) Grants to Laboratory and Alternative Schools.
11 In calculating the amount to be paid to the governing
12 board of a public university that operates a laboratory
13 school under this Section or to any alternative school that
14 is operated by a regional superintendent, the State Board of
15 Education shall require by rule such reporting requirements
16 as it deems necessary.
17 As used in this Section, "laboratory school" means a
18 public school which is created and operated by a public
19 university and approved by the State Board of Education. The
20 governing board of a public university which receives funds
21 from the State Board under this subsection (K) may not
22 increase the number of students enrolled in its laboratory
23 school from a single district, if that district is already
24 sending 50 or more students, except under a mutual agreement
25 between the school board of a student's district of residence
26 and the university which operates the laboratory school. A
27 laboratory school may not have more than 1,000 students,
28 excluding students with disabilities in a special education
29 program.
30 As used in this Section, "alternative school" means a
31 public school which is created and operated by a Regional
32 Superintendent of Schools and approved by the State Board of
33 Education. Such alternative schools may offer courses of
34 instruction for which credit is given in regular school
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1 programs, courses to prepare students for the high school
2 equivalency testing program or vocational and occupational
3 training.
4 Each laboratory and alternative school shall file, on
5 forms provided by the State Superintendent of Education, an
6 annual State aid claim which states the Average Daily
7 Attendance of the school's students by month. The best 3
8 months' Average Daily Attendance shall be computed for each
9 school. The general State aid entitlement shall be computed
10 by multiplying the applicable Average Daily Attendance by the
11 Foundation Level as determined under this Section.
12 (L) Payments, Additional Grants in Aid and Other
13 Requirements.
14 (1) For a school district operating under the financial
15 supervision of an Authority created under Article 34A, the
16 general State aid otherwise payable to that district under
17 this Section, but not the supplemental general State aid,
18 shall be reduced by an amount equal to the budget for the
19 operations of the Authority as certified by the Authority to
20 the State Board of Education, and an amount equal to such
21 reduction shall be paid to the Authority created for such
22 district for its operating expenses in the manner provided in
23 Section 18-11. The remainder of general State school aid for
24 any such district shall be paid in accordance with Article
25 34A when that Article provides for a disposition other than
26 that provided by this Article.
27 (2) Impaction. Impaction payments shall be made as
28 provided for in Section 18-4.2.
29 (3) Summer school. Summer school payments shall be made
30 as provided in Section 18-4.3.
31 (M) (Blank). Education Funding Advisory Board.
32 The Education Funding Advisory Board, hereinafter in this
33 subsection (M) referred to as the "Board", is hereby created.
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1 The Board shall consist of 5 members who are appointed by the
2 Governor, by and with the advice and consent of the Senate.
3 The members appointed shall include representatives of
4 education, business, and the general public. One of the
5 members so appointed shall be designated by the Governor at
6 the time the appointment is made as the chairperson of the
7 Board. The initial members of the Board may be appointed any
8 time after the effective date of this amendatory Act of 1997.
9 The regular term of each member of the Board shall be for 4
10 years from the third Monday of January of the year in which
11 the term of the member's appointment is to commence, except
12 that of the 5 initial members appointed to serve on the
13 Board, the member who is appointed as the chairperson shall
14 serve for a term that commences on the date of his or her
15 appointment and expires on the third Monday of January, 2002,
16 and the remaining 4 members, by lots drawn at the first
17 meeting of the Board that is held after all 5 members are
18 appointed, shall determine 2 of their number to serve for
19 terms that commence on the date of their respective
20 appointments and expire on the third Monday of January, 2001,
21 and 2 of their number to serve for terms that commence on the
22 date of their respective appointments and expire on the third
23 Monday of January, 2000. All members appointed to serve on
24 the Board shall serve until their respective successors are
25 appointed and confirmed. Vacancies shall be filled in the
26 same manner as original appointments. If a vacancy in
27 membership occurs at a time when the Senate is not in
28 session, the Governor shall make a temporary appointment
29 until the next meeting of the Senate, when he or she shall
30 appoint, by and with the advice and consent of the Senate, a
31 person to fill that membership for the unexpired term. If
32 the Senate is not in session when the initial appointments
33 are made, those appointments shall be made as in the case of
34 vacancies.
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1 The Education Funding Advisory Board shall be deemed
2 established, and the initial members appointed by the
3 Governor to serve as members of the Board shall take office,
4 on the date that the Governor makes his or her appointment of
5 the fifth initial member of the Board, whether those initial
6 members are then serving pursuant to appointment and
7 confirmation or pursuant to temporary appointments that are
8 made by the Governor as in the case of vacancies.
9 The State Board of Education shall provide such staff
10 assistance to the Education Funding Advisory Board as is
11 reasonably required for the proper performance by the Board
12 of its responsibilities.
13 For school years after the 2000-2001 school year, the
14 Education Funding Advisory Board, in consultation with the
15 State Board of Education, shall make recommendations as
16 provided in this subsection (M) to the General Assembly for
17 the foundation level under subdivision (B)(3) of this Section
18 and for the supplemental general State aid grant level under
19 subsection (H) of this Section for districts with high
20 concentrations of children from poverty. The recommended
21 foundation level shall be determined based on a methodology
22 which incorporates the basic education expenditures of
23 low-spending schools exhibiting high academic performance.
24 The Education Funding Advisory Board shall make such
25 recommendations to the General Assembly on January 1 of odd
26 numbered years, beginning January 1, 2001.
27 (N) General State Aid Adjustment Grant.
28 (1) Any school district subject to property tax
29 extension limitations as imposed under the provisions of the
30 Property Tax Extension Limitation Law shall be entitled to
31 receive, subject to the qualifications and requirements of
32 this subsection, a general State aid adjustment grant.
33 Eligibility for this grant shall be determined on an annual
34 basis and claims for grant payments shall be paid subject to
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1 appropriations made specific to this subsection. For
2 purposes of this subsection the following terms shall have
3 the following meanings:
4 "Budget Year": The school year for which general State
5 aid is calculated and awarded under subsection (E).
6 "Current Year": The school year immediately preceding
7 the Budget Year.
8 "Base Tax Year": The property tax levy year used to
9 calculate the Budget Year allocation of general State aid.
10 "Preceding Tax Year": The property tax levy year
11 immediately preceding the Base Tax Year.
12 "Extension Limitation Ratio": A numerical ratio,
13 certified by a school district's County Clerk, in which the
14 numerator is the Base Tax Year's tax extension amount
15 resulting from the Operating Tax Rate and the denominator is
16 the Preceding Tax Year's tax extension amount resulting from
17 the Operating Tax Rate.
18 "Operating Tax Rate": The operating tax rate as defined
19 in subsection (A).
20 (2) To qualify for a general State aid adjustment grant,
21 a school district must meet all of the following eligibility
22 criteria for each Budget Year for which a grant is claimed:
23 (a) The Operating Tax Rate of the school district
24 in the Preceding Tax Year was at least 3.00% in the case
25 of a school district maintaining grades kindergarten
26 through 12, at least 2.30% in the case of a school
27 district maintaining grades kindergarten through 8, or at
28 least 1.41% in the case of a school district maintaining
29 grades 9 through 12.
30 (b) The Operating Tax Rate of the school district
31 for the Base Tax Year was reduced by the Clerk of the
32 County as a result of the requirements of the Property
33 Tax Extension Limitation Law.
34 (c) The Available Local Resources per pupil of the
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1 school district as calculated pursuant to subsection (D)
2 using the Base Tax Year are less than the product of 1.75
3 times the Foundation Level for the Budget Year.
4 (d) The school district has filed a proper and
5 timely claim for a general State aid adjustment grant as
6 required under this subsection.
7 (3) A claim for grant assistance under this subsection
8 shall be filed with the State Board of Education on or before
9 January 1 of the Current Year for a grant for the Budget
10 Year. The claim shall be made on forms prescribed by the
11 State Board of Education and must be accompanied by a written
12 statement from the Clerk of the County, certifying:
13 (a) That the school district has its extension for
14 the Base Tax Year reduced as a result of the Property Tax
15 Extension Limitation Law.
16 (b) That the Operating Tax Rate of the school
17 district for the Preceding Tax Year met the tax rate
18 requirements of subdivision (N)(2) of this Section.
19 (c) The Extension Limitation Ratio as that term is
20 defined in this subsection.
21 (4) On or before August 1 of the Budget Year the State
22 Board of Education shall calculate, for all school districts
23 meeting the other requirements of this subsection, the amount
24 of the general State aid adjustment grant, if any, that the
25 school districts are eligible to receive in the Budget Year.
26 The amount of the general State aid adjustment grant shall be
27 calculated as follows:
28 (a) Determine the school district's general State
29 aid grant for the Budget Year as provided in accordance
30 with the provisions of subsection (E).
31 (b) Determine the school district's adjusted level
32 of general State aid by utilizing in the calculation of
33 Available Local Resources an equalized assessed valuation
34 that is the equalized assessed valuation of the Preceding
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1 Tax Year multiplied by the Extension Limitation Ratio.
2 (c) Subtract the sum derived in subparagraph (a)
3 from the sum derived in subparagraph (b). If the result
4 is a positive number, that amount shall be the general
5 State aid adjustment grant that the district is eligible
6 to receive.
7 (5) The State Board of Education shall in the Current
8 Year, based upon claims filed in the Current Year, recommend
9 to the General Assembly an appropriation amount for the
10 general State aid adjustment grants to be made in the Budget
11 Year.
12 (6) Claims for general State aid adjustment grants shall
13 be paid in a lump sum on or before January 1 of the Budget
14 Year only from appropriations made by the General Assembly
15 expressly for claims under this subsection. No such claims
16 may be paid from amounts appropriated for any other purpose
17 provided for under this Section. In the event that the
18 appropriation for claims under this subsection is
19 insufficient to meet all Budget Year claims for a general
20 State aid adjustment grant, the appropriation available shall
21 be proportionately prorated by the State Board of Education
22 amongst all districts filing for and entitled to payments.
23 (7) The State Board of Education shall promulgate the
24 required claim forms and rules necessary to implement the
25 provisions of this subsection.
26 (O) References.
27 (1) References in other laws to the various subdivisions
28 of Section 18-8 as that Section existed before its repeal and
29 replacement by this Section 18-8.05 shall be deemed to refer
30 to the corresponding provisions of this Section 18-8.05, to
31 the extent that those references remain applicable.
32 (2) References in other laws to State Chapter 1 funds
33 shall be deemed to refer to the supplemental general State
34 aid provided under subsection (H) of this Section.
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1 (Source: P.A. 90-548, eff. 7-1-98.)
2 Section 10. The General State Aid Continuing
3 Appropriation Law is amended by changing Sections 15-10,
4 15-15, and 15-20 as follows:
5 (105 ILCS 235/15-10)
6 (Section scheduled to be repealed on June 30, 2001)
7 Sec. 15-10. Annual budget; recommendation. The Governor
8 shall include a Common School Fund recommendation to the
9 State Board of Education in the fiscal year 1999 through 2001
10 annual Budget and in the annual Budget for each fiscal year
11 thereafter Budgets sufficient to fund the General State Aid
12 Formula set forth in Subsection E (Computation of General
13 State Aid) and Subsection H (Supplemental General State Aid)
14 of Section 18-8.05 of the School Code.
15 (Source: P.A. 90-548, eff. 12-4-97.)
16 (105 ILCS 235/15-15)
17 (Section scheduled to be repealed on June 30, 2001)
18 Sec. 15-15. General State Aid Formula; Funding. The
19 General Assembly shall annually make Common School Fund
20 appropriations to the State Board of Education in fiscal year
21 years 1999 and in each fiscal year thereafter through 2001
22 sufficient to fund the General State Aid Formula set forth in
23 Subsection E (Computation of General State Aid) and
24 Subsection H (Supplemental General State Aid) of Section
25 18-8.05 of the School Code.
26 (Source: P.A. 90-548, eff. 12-4-97.)
27 (105 ILCS 235/15-20)
28 (Section scheduled to be repealed on June 30, 2001)
29 Sec. 15-20. Continuing appropriation. If the General
30 Assembly fails to make Common School Fund appropriations to
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1 the State Board of Education in fiscal year years 1999 and in
2 each fiscal year thereafter through 2001 sufficient to fund
3 the General State Aid Formula set forth in Subsection E
4 (Computation of General State Aid) and Subsection H
5 (Supplemental General State Aid) of Section 18-8.05 of the
6 School Code, this Article shall constitute an irrevocable and
7 continuing appropriation from the Common School Fund of all
8 amounts necessary for that purpose.
9 (Source: P.A. 90-548, eff. 12-4-97.)
10 (105 ILCS 235/15-25 rep.)
11 Section 15. The General State Aid Continuing
12 Appropriation Law is amended by repealing Section 15-25.
13 Section 99. Effective date. This Act takes effect July
14 1, 1998.