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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 -2- LRB9011552THpk 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. -3- LRB9011552THpk 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 -4- LRB9011552THpk 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 year29 thereafter, the Foundation Level of support is $4,425 or such30 greater amount as may be established by law by the General31 Assembly.32 (C) Average Daily Attendance. 33 (1) For purposes of calculating general State aid -5- LRB9011552THpk 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 -6- LRB9011552THpk 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 -7- LRB9011552THpk 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 -8- LRB9011552THpk 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; -9- LRB9011552THpk 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 -10- LRB9011552THpk 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 -11- LRB9011552THpk 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 -12- LRB9011552THpk 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 -13- LRB9011552THpk 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 -14- LRB9011552THpk 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 -15- LRB9011552THpk 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 -16- LRB9011552THpk 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 -17- LRB9011552THpk 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 -18- LRB9011552THpk 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 -19- LRB9011552THpk 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 -20- LRB9011552THpk 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 -21- LRB9011552THpk 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 this33 subsection (M) referred to as the "Board", is hereby created.-22- LRB9011552THpk 1 The Board shall consist of 5 members who are appointed by the2 Governor, by and with the advice and consent of the Senate.3 The members appointed shall include representatives of4 education, business, and the general public. One of the5 members so appointed shall be designated by the Governor at6 the time the appointment is made as the chairperson of the7 Board. The initial members of the Board may be appointed any8 time after the effective date of this amendatory Act of 1997.9 The regular term of each member of the Board shall be for 410 years from the third Monday of January of the year in which11 the term of the member's appointment is to commence, except12 that of the 5 initial members appointed to serve on the13 Board, the member who is appointed as the chairperson shall14 serve for a term that commences on the date of his or her15 appointment and expires on the third Monday of January, 2002,16 and the remaining 4 members, by lots drawn at the first17 meeting of the Board that is held after all 5 members are18 appointed, shall determine 2 of their number to serve for19 terms that commence on the date of their respective20 appointments and expire on the third Monday of January, 2001,21 and 2 of their number to serve for terms that commence on the22 date of their respective appointments and expire on the third23 Monday of January, 2000. All members appointed to serve on24 the Board shall serve until their respective successors are25 appointed and confirmed. Vacancies shall be filled in the26 same manner as original appointments. If a vacancy in27 membership occurs at a time when the Senate is not in28 session, the Governor shall make a temporary appointment29 until the next meeting of the Senate, when he or she shall30 appoint, by and with the advice and consent of the Senate, a31 person to fill that membership for the unexpired term. If32 the Senate is not in session when the initial appointments33 are made, those appointments shall be made as in the case of34 vacancies.-23- LRB9011552THpk 1 The Education Funding Advisory Board shall be deemed2 established, and the initial members appointed by the3 Governor to serve as members of the Board shall take office,4 on the date that the Governor makes his or her appointment of5 the fifth initial member of the Board, whether those initial6 members are then serving pursuant to appointment and7 confirmation or pursuant to temporary appointments that are8 made by the Governor as in the case of vacancies.9 The State Board of Education shall provide such staff10 assistance to the Education Funding Advisory Board as is11 reasonably required for the proper performance by the Board12 of its responsibilities.13 For school years after the 2000-2001 school year, the14 Education Funding Advisory Board, in consultation with the15 State Board of Education, shall make recommendations as16 provided in this subsection (M) to the General Assembly for17 the foundation level under subdivision (B)(3) of this Section18 and for the supplemental general State aid grant level under19 subsection (H) of this Section for districts with high20 concentrations of children from poverty. The recommended21 foundation level shall be determined based on a methodology22 which incorporates the basic education expenditures of23 low-spending schools exhibiting high academic performance.24 The Education Funding Advisory Board shall make such25 recommendations to the General Assembly on January 1 of odd26 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 -24- LRB9011552THpk 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 -25- LRB9011552THpk 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 -26- LRB9011552THpk 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. -27- LRB9011552THpk 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 200110 annual Budget and in the annual Budget for each fiscal year 11 thereafter Budgetssufficient 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 years1999 and in each fiscal year thereafter through 200122 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 -28- LRB9011552THpk 1 the State Board of Education in fiscal year years1999 and in 2 each fiscal year thereafter through 2001sufficient 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.
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