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90_SB1599enr
105 ILCS 5/2-3.17a from Ch. 122, par. 2-3.17a
Amends the School Code. Requires the State Board of
Education to annually cause an audit to be made of the
financial statements of all accounts, funds, and moneys of
all educational service centers (other than those of an
educational service center serving a school district located
in Chicago) in the same manner as such audits are made of the
financial statements of the accounts, funds, and moneys in
the care, custody, or control of regional superintendents.
Effective immediately.
LRB9010085THpk
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1 AN ACT relating to education.
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 Sections 1A-8, 1B-8, and 2-3.17a, 2-3.66, 10-22.20, 13A-8,
6 and 18-8.05 as follows:
7 (105 ILCS 5/1A-8) (from Ch. 122, par. 1A-8)
8 Sec. 1A-8. Powers of the Board in Assisting Districts
9 Deemed in Financial Difficulties. To promote the financial
10 integrity of school districts, the State Board of Education
11 shall be provided the necessary powers to promote sound
12 financial management and continue operation of the public
13 schools.
14 The State Board of Education, after proper investigation
15 of a district's financial condition, may certify that a
16 district, including any district subject to Article 34A, is
17 in financial difficulty when any of the following conditions
18 occur:
19 (1) The district has issued school orders for wages as
20 permitted in Sections 8-16, 32-7.2 and 34-76 of this Code, or
21 the district has issued funding bonds to retire teacher
22 orders in 3 of the 5 last years;
23 (2) The district has issued tax anticipation warrants or
24 tax anticipation notes in anticipation of a second year's
25 taxes when warrants or notes in anticipation of current year
26 taxes are still outstanding, as authorized by Sections 17-16,
27 34-23, 34-59 and 34-63 of this Code;
28 (3) The district has for 2 consecutive years shown an
29 excess of expenditures and other financing uses over revenues
30 and other financing sources and beginning fund balances on
31 its annual financial report for the aggregate totals of the
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1 Educational, Operations and Maintenance, Transportation, and
2 Working Cash Funds;.
3 (4) The district has previously been certified to be in
4 financial difficulty and requests to be recertified as a
5 result of continuing financial problems.
6 No school district shall be certified to be in financial
7 difficulty by reason of any of the above circumstances
8 arising as a result of the failure of the county to make any
9 distribution of property tax money due the district at the
10 time such distribution is due; or if the district clearly
11 demonstrates to the satisfaction of the State Board of
12 Education at the time of its determination that such
13 condition no longer exists. If the State Board of Education
14 certifies that a district in a city with 500,000 inhabitants
15 or more is in financial difficulty, the State Board shall so
16 notify the Governor and the Mayor of the city in which the
17 district is located. The State Board of Education may
18 require school districts in financial difficulty, except
19 those districts subject to Article 34A, to develop, adopt and
20 submit a financial plan within 45 days after certification of
21 financial difficulty. The financial plan shall be developed
22 according to guidelines presented to the district by the
23 State Board of Education within 14 days of certification.
24 Such guidelines shall address the specific nature of each
25 district's financial difficulties. Any proposed budget of the
26 district shall be consistent with the financial plan approved
27 by the State Board.
28 A district certified to be in financial difficulty, other
29 than a district subject to Article 34A, shall report to the
30 State Board of Education at such times and in such manner as
31 the State Board may direct, concerning the district's
32 compliance with each financial plan. The State Board may
33 review the district's operations, obtain budgetary data and
34 financial statements, require the district to produce
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1 reports, and have access to any other information in the
2 possession of the district that it deems relevant. The State
3 Board may issue recommendations or directives within its
4 powers to the district to assure compliance with the
5 financial plan. The district shall produce such budgetary
6 data, financial statements, reports and other information and
7 comply with such directives. If the State Board of Education
8 determines that a district has failed to comply with its
9 financial plan, the State Board of Education may rescind
10 approval of the plan and appoint a Financial Oversight Panel
11 for the district as provided in Section 1B-4. This action
12 shall be taken only after the district has been given notice
13 and an opportunity to appear before the State Board of
14 Education to discuss its failure to comply with its financial
15 plan.
16 No bonds, notes, teachers orders, tax anticipation
17 warrants or other evidences of indebtedness shall be issued
18 or sold by a school district or be legally binding upon or
19 enforceable against a local board of education of a district
20 certified to be in financial difficulty unless and until the
21 financial plan required under this Section has been approved
22 by the State Board of Education.
23 Any financial watch list distributed by the State Board
24 of Education pursuant to this Section shall designate those
25 school districts on the watch list that would not otherwise
26 be on the watch list were it not for the inability or refusal
27 of the State of Illinois to make timely disbursements of any
28 payments due school districts or to fully reimburse school
29 districts for mandated categorical programs pursuant to
30 reimbursement formulas provided in this School Code.
31 (Source: P.A. 88-555, eff. 7-27-94; 88-618, eff. 9-9-94;
32 89-235, eff. 8-4-95.)
33 (105 ILCS 5/1B-8) (from Ch. 122, par. 1B-8)
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1 Sec. 1B-8. There is created in the State Treasury a
2 special fund to be known as the School District Emergency
3 Financial Assistance Fund (the "Fund"). The School District
4 Emergency Financial Assistance Fund shall consist of
5 appropriations, grants from the federal government and
6 donations from any public or private source. Moneys in the
7 Fund may be appropriated only to the State Board for the
8 purposes of this Article. The appropriation may be allocated
9 and expended by the State Board as grants or loans to school
10 districts which are the subject of an approved petition for
11 emergency financial assistance under Section 1B-4. From the
12 amount allocated to each such school district the State Board
13 shall identify a sum sufficient to cover all approved costs
14 of the Financial Oversight Panel established for the
15 respective school district. If the State Board and State
16 Superintendent of Education have not approved emergency
17 financial assistance in conjunction with the appointment of a
18 Financial Oversight Panel, the Panel's approved costs shall
19 be paid from deductions from the district's general State
20 aid.
21 The Financial Oversight Panel may prepare and file with
22 the State Superintendent a proposal for emergency financial
23 assistance for the school district and for the operations
24 budget of the Panel. No expenditures shall be authorized by
25 the State Superintendent until he has approved the proposal
26 of the Panel, either as submitted or in such lesser amount
27 determined by the State Superintendent.
28 The maximum amount of an emergency financial assistance
29 loan which may be allocated to any school district under this
30 Article, including moneys necessary for the operations of the
31 Panel, shall not exceed $1000 times the number of pupils
32 enrolled in the school district during the school year ending
33 June 30 prior to the date of approval by the State Board of
34 the petition for emergency financial assistance, as certified
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1 to the local board and the Panel by the State Superintendent.
2 An emergency financial assistance grant shall not exceed $250
3 times the number of such pupils. A district may receive both
4 a loan and a grant.
5 The payment of an emergency State financial assistance
6 grant or loan shall be subject to appropriation by the
7 General Assembly. Emergency State financial assistance
8 allocated and paid to a school district under this Article
9 may be applied to any fund or funds from which the local
10 board of education of that district is authorized to make
11 expenditures by law.
12 Any emergency financial assistance proposed by the
13 Financial Oversight Panel and approved by the State
14 Superintendent may be paid in its entirety during the initial
15 year of the Panel's existence or spread in equal or declining
16 amounts over a period of years not to exceed the period of
17 the Panel's existence. All loan payments made from the
18 School District Emergency Financial Assistance Fund for a
19 school district shall be required to be repaid, with simple
20 interest over the term of the loan at a rate equal to 50% of
21 the discount rate on one-year United States Treasury Bills as
22 determined by the last auction of those one-year bills that
23 precedes the date on which the district's loan is approved by
24 the State Board of Education at the rate of 4%, not later
25 than the date the Financial Oversight Panel ceases to exist.
26 The Panel shall establish and the State Superintendent shall
27 approve the terms and conditions, including the schedule, of
28 repayments. The schedule shall provide for repayments
29 commencing July 1 of each year. Repayment shall be
30 incorporated into the annual budget of the school district
31 and may be made from any fund or funds of the district in
32 which there are moneys available. When moneys are repaid as
33 provided herein they shall not be made available to the local
34 board for further use as emergency financial assistance under
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1 this Article at any time thereafter. All repayments required
2 to be made by a school district shall be received by the
3 State Board and deposited in the School District Emergency
4 Financial Assistance Fund.
5 In establishing the terms and conditions for the
6 repayment obligation of the school district the Panel shall
7 annually determine whether a separate local property tax levy
8 is required. The board of any school district with a tax
9 rate for educational purposes for the prior year of less than
10 120% of the maximum rate for educational purposes authorized
11 by Section 17-2 shall provide for a separate tax levy for
12 emergency financial assistance repayment purposes. Such tax
13 levy shall not be subject to referendum approval. The amount
14 of the levy shall be equal to the amount necessary to meet
15 the annual repayment obligations of the district as
16 established by the Panel, or 20% of the amount levied for
17 educational purposes for the prior year, whichever is less.
18 However, no district shall be required to levy the tax if the
19 district's operating tax rate as determined under Section
20 18-8 or 18-8.05 exceeds 200% of the district's tax rate for
21 educational purposes for the prior year.
22 (Source: P.A. 90-548, eff. 1-1-98.)
23 (105 ILCS 5/2-3.17a) (from Ch. 122, par. 2-3.17a)
24 Sec. 2-3.17a. Financial audits. The State Board of
25 Education shall annually cause an audit to be made, as of
26 June 30, 1986 and as of June 30th of each year thereafter, of
27 the financial statements of all accounts, funds and other
28 moneys in the care, custody or control of the regional
29 superintendent of schools of each educational service region
30 in the State and of each educational service center
31 established under Section 2-3.62 of this Act other than an
32 educational service center serving a school district in a
33 city having a population exceeding 500,000. The audit shall
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1 be conducted in accordance with Generally Accepted
2 Governmental Auditing Standards and shall include an
3 examination of supporting books and records and a
4 representative sample of vouchers for distributions and
5 expenditures. On February 15, 1991, and on February 15 of
6 each year thereafter, the State Board of Education shall
7 notify the Legislative Audit Commission in writing of the
8 completion or of the reasons for the noncompletion of each
9 audit required by this Section to be made as of the preceding
10 June 30. An audit report shall be prepared for each audit
11 made pursuant to this Section, and all such audit reports
12 shall be kept on file in the office of the State Board of
13 Education. Within 60 days after each audit report required to
14 be prepared under this Section is completed, the State Board
15 of Education: (i) shall furnish a copy of such audit report
16 to each member of the General Assembly whose legislative or
17 representative district includes any part of the educational
18 service region served by the regional superintendent of
19 schools with respect to whose financial statements that audit
20 report was prepared or any part of the area served by the
21 educational service center that is the subject of the audit;
22 and (ii) shall publish in a newspaper published in that
23 educational service region or area served by the educational
24 service center that is the subject of the audit a notice that
25 the audit report has been prepared and is available for
26 inspection during regular business hours at the office of the
27 regional superintendent of schools of that educational
28 service region or at the administrative office of the
29 educational service center. Each audit shall be made in such
30 manner as to determine, and each audit report shall be
31 prepared in such manner as to state:
32 (a) The balances on hand of all accounts, funds and
33 other moneys in the care, custody or control of the regional
34 superintendent of schools or educational service center at
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1 the beginning of the fiscal year being audited;
2 (b) the amount of funds received during the fiscal year
3 by source;
4 (c) the amount of funds distributed or otherwise paid by
5 the regional superintendent of schools or educational service
6 center to each school treasurer in his or her educational
7 service region or area, including the purpose of such
8 distribution or payment and the fund or account from which
9 such distribution or payment is made;
10 (d) the amounts paid or otherwise disbursed by the
11 regional superintendent of schools or educational service
12 center -- other than the amounts distributed or paid by the
13 regional superintendent of schools or educational service
14 center to school treasurers as described in paragraph (c)
15 above -- for all other purposes and expenditures, including
16 the fund or account from which such payments or disbursements
17 are made and the purpose thereof; and
18 (e) the balances on hand of all accounts, funds and
19 other moneys in the care, custody or control of the regional
20 superintendent of schools or educational service center at
21 the end of the fiscal year being audited.
22 The State Board of Education shall adopt rules and
23 regulations relative to the time and manner by which the
24 regional superintendent of schools or educational service
25 center shall present for inspection or make available to the
26 State Board of Education, or to the agents designated by such
27 Board to make an audit and prepare an audit report pursuant
28 to this Section, all financial statements, books, records,
29 vouchers for distributions and expenditures, and records of
30 accounts, funds and other moneys in the care, custody or
31 control of the regional superintendent of schools or
32 educational service center and required for purposes of
33 making such audit and preparing an audit and preparing an
34 audit report.
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1 (f) The State Board of Education shall require the
2 regional superintendent of schools of each educational
3 service region or administrator of each educational service
4 center to promptly implement all recommendations based on
5 audit findings resulting from a violation of law made in
6 audits prepared pursuant to this Section, unless the State
7 Board of Education, upon review, determines, with regard to
8 any such finding, that implementation of the recommendation
9 is not appropriate.
10 (Source: P.A. 85-1389; 86-1332.)
11 (105 ILCS 5/2-3.66) (from Ch. 122, par. 2-3.66)
12 Sec. 2-3.66. Truants' alternative and optional education
13 programs. To establish pilot projects to offer modified
14 instructional programs or other services designed to prevent
15 students from dropping out of school, including programs
16 pursuant to Section 2-3.41, and to serve as a part time or
17 full time option in lieu of regular school attendance and to
18 award grants to local school districts, educational service
19 regions or community college districts from appropriated
20 funds to assist districts in establishing such projects. The
21 education agency may operate its own program or enter into a
22 contract with another not-for-profit entity to implement the
23 program. The pilot projects shall allow dropouts, up to and
24 including age 21, potential dropouts, including truants,
25 uninvolved, unmotivated and disaffected students, as defined
26 by State Board of Education rules and regulations, to enroll,
27 as an alternative to regular school attendance, in an
28 optional education program which may be established by school
29 board policy and is in conformance with rules adopted by the
30 State Board of Education. Truants' Alternative and Optional
31 Education programs funded pursuant to this Section shall be
32 planned by a student, the student's parents or legal
33 guardians, unless the student is 18 years or older, and
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1 school officials and shall culminate in an individualized
2 optional education plan. Such plan shall focus on academic
3 or vocational skills, or both, and may include, but not be
4 limited to, evening school, summer school, community college
5 courses, adult education, preparation courses for the high
6 school level test of General Educational Development,
7 vocational training, work experience, programs to enhance
8 self concept and parenting courses. School districts which
9 are awarded grants pursuant to this Section shall be
10 authorized to provide day care services to children of
11 students who are eligible and desire to enroll in programs
12 established and funded under this Section, but only if and to
13 the extent that such day care is necessary to enable those
14 eligible students to attend and participate in the programs
15 and courses which are conducted pursuant to this Section.
16 The Board shall report on the status of the pilot projects
17 pursuant to Section 1A-4. School districts and regional
18 offices of education may claim general State aid under
19 Section 18-8.05 for students enrolled in truants' alternative
20 and optional education programs, provided that such students
21 are receiving services that are supplemental to a program
22 leading to a high school diploma and are otherwise eligible
23 to be claimed for general State aid under Section 18-8.05.
24 (Source: P.A. 86-339.)
25 (105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
26 Sec. 10-22.20. Classes for adults and youths whose
27 schooling has been interrupted; Conditions for State
28 reimbursement; Use of child care facilities.
29 (a) To establish special classes for the instruction (1)
30 of persons of age 21 years or over, and (2) of persons less
31 than age 21 and not otherwise in attendance in public school,
32 for the purpose of providing adults in the community, and
33 youths whose schooling has been interrupted, with such
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1 additional basic education, vocational skill training, and
2 other instruction as may be necessary to increase their
3 qualifications for employment or other means of self-support
4 and their ability to meet their responsibilities as citizens
5 including courses of instruction regularly accepted for
6 graduation from elementary or high schools and for
7 Americanization and General Educational Development Review
8 classes.
9 The board shall pay the necessary expenses of such
10 classes out of school funds of the district, including costs
11 of student transportation and such facilities or provision
12 for child-care as may be necessary in the judgment of the
13 board to permit maximum utilization of the courses by
14 students with children, and other special needs of the
15 students directly related to such instruction. The expenses
16 thus incurred shall be subject to State reimbursement, as
17 provided in this Section. The board may make a tuition
18 charge for persons taking instruction who are not subject to
19 State reimbursement, such tuition charge not to exceed the
20 per capita cost of such classes.
21 The cost of such instruction, including the additional
22 expenses herein authorized, incurred for recipients of
23 financial aid under the Illinois Public Aid Code, or for
24 persons for whom education and training aid has been
25 authorized under Section 9-8 of that Code, shall be assumed
26 in its entirety from funds appropriated by the State to the
27 State Board of Education.
28 (b) The State Board of Education and the Illinois
29 Community College Board shall annually enter into an
30 interagency agreement to implement this Section. The
31 interagency agreement shall establish the standards for the
32 courses of instruction reimbursed under this Section. The
33 State Board of Education shall supervise the administration
34 of the programs. The State Board of Education shall
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1 determine the cost of instruction in accordance with
2 standards jointly established by the State Board of Education
3 and the Illinois Community College Board as set forth in the
4 interagency agreement, including therein other incidental
5 costs as herein authorized, which shall serve as the basis of
6 State reimbursement in accordance with the provisions of
7 this Section. In the approval of programs and the
8 determination of the cost of instruction, the State Board of
9 Education shall provide for the maximum utilization of
10 federal funds for such programs. The interagency agreement
11 shall also include:
12 (1) the development of an index of need for program
13 planning and for area funding allocations as defined by
14 the State Board of Education;
15 (2) the method for calculating hours of
16 instruction, as defined by the State Board of Education,
17 claimable for reimbursement and a method to phase in the
18 calculation and for adjusting the calculations in cases
19 where the services of a program are interrupted due to
20 circumstances beyond the control of the program provider;
21 (3) a plan for the reallocation of funds to
22 increase the amount allocated for grants based upon
23 program performance as set forth in subsection (d) below;
24 and
25 (4) the development of standards for determining
26 grants based upon performance as set forth in subsection
27 (d) below and a plan for the phased-in implementation of
28 those standards.
29 For instruction provided by school districts and
30 community college districts beginning July 1, 1996 and
31 thereafter, reimbursement provided by the State Board of
32 Education for classes authorized by this Section shall be
33 provided pursuant to the terms of the interagency agreement
34 from funds appropriated for the reimbursement criteria set
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1 forth in subsection (c) below.
2 (c) Upon the annual approval of the interagency
3 agreement, reimbursement shall be first provided for
4 transportation, child care services, and other special needs
5 of the students directly related to instruction and then from
6 the funds remaining an amount equal to the product of the
7 total credit hours or units of instruction approved by the
8 State Board of Education, multiplied by the following:
9 (1) For adult basic education, the maximum
10 reimbursement per credit hour or per unit of instruction
11 shall be equal to the general state aid per pupil
12 foundation level established in subsections 5(a) through
13 5(d) of Section 18-8 or subsection (B) of Section
14 18-8.05, divided by 60;
15 (2) The maximum reimbursement per credit hour or
16 per unit of instruction in subparagraph (1) above shall
17 be weighted for students enrolled in classes defined as
18 vocational skills and approved by the State Board of
19 Education by 1.25;
20 (3) The maximum reimbursement per credit hour or
21 per unit of instruction in subparagraph (1) above shall
22 be multiplied by .90 for students enrolled in classes
23 defined as adult secondary education programs and
24 approved by the State Board of Education;
25 (4) For community college districts the maximum
26 reimbursement per credit hour in subparagraphs (1), (2),
27 and (3) above shall be reduced by the Adult Basic
28 Education/Adult Secondary Education/English As A Second
29 Language credit hour grant rate prescribed in Section
30 2-16.02 of the Public Community College Act, as pro-rated
31 to the appropriation level; and
32 (5) Programs receiving funds under the formula that
33 was in effect during the 1994-1995 program year which
34 continue to be approved and which generate at least 80%
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1 of the hours claimable in 1994-95, or in the case of
2 programs not approved in 1994-95 at least 80% of the
3 hours claimable in 1995-96, shall have funding for
4 subsequent years based upon 100% of the 1995-96 formula
5 funding level for 1996-97, 90% of the 1995-96 formula
6 funding level for 1997-98, 80% of the 1995-96 formula
7 funding level for 1998-99, and 70% of the 1995-96 formula
8 funding level for 1999-2000. For any approved program
9 which generates less than 80% of the claimable hours in
10 its base year, the level of funding pursuant to this
11 paragraph shall be reduced proportionately. Funding for
12 program years after 1999-2000 shall be pursuant to the
13 interagency agreement.
14 (d) Upon the annual approval of the interagency
15 agreement, the State Board of Education shall provide grants
16 to eligible programs for supplemental activities to improve
17 or expand services under the Adult Education Act. Eligible
18 programs shall be determined based upon performance outcomes
19 of students in the programs as set forth in the interagency
20 agreement.
21 (e) Reimbursement under this Section shall not exceed
22 the actual costs of the approved program.
23 If the amount appropriated to the State Board of
24 Education for reimbursement under this Section is less than
25 the amount required under this Act, the apportionment shall
26 be proportionately reduced.
27 School districts and community college districts may
28 assess students up to $3.00 per credit hour, for classes
29 other than Adult Basic Education level programs, if needed to
30 meet program costs.
31 (f) An education plan shall be established for each
32 adult or youth whose schooling has been interrupted and who
33 is participating in the instructional programs provided under
34 this Section.
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1 Each school board and community college shall keep an
2 accurate and detailed account of the students assigned to and
3 receiving instruction under this Section who are subject to
4 State reimbursement and shall submit reports of services
5 provided commencing with fiscal year 1997 as required in the
6 interagency agreement.
7 For classes authorized under this Section, a credit hour
8 or unit of instruction is equal to 15 hours of direct
9 instruction for students enrolled in approved adult education
10 programs at midterm and making satisfactory progress, in
11 accordance with standards jointly established by the State
12 Board of Education and the Illinois Community College Board
13 as set forth in the interagency agreement.
14 (g) Upon proof submitted to the Illinois Department of
15 Human Services of the payment of all claims submitted under
16 this Section, that Department shall apply for federal funds
17 made available therefor and any federal funds so received
18 shall be paid into the General Revenue Fund in the State
19 Treasury.
20 School districts or community colleges providing classes
21 under this Section shall submit applications to the State
22 Board of Education for preapproval in accordance with the
23 standards jointly established by the State Board of Education
24 and the Illinois Community College Board as set forth in the
25 interagency agreement. Payments shall be made by the State
26 Board of Education based upon approved programs. Interim
27 expenditure reports may be required by the State Board of
28 Education as set forth in the interagency agreement. Final
29 claims for the school year shall be submitted to the regional
30 superintendents for transmittal to the State Board of
31 Education as set forth in the interagency agreement. Final
32 adjusted payments shall be made by September 30.
33 If a school district or community college district fails
34 to provide, or is providing unsatisfactory or insufficient
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1 classes under this Section, the State Board of Education may
2 enter into agreements with public or private educational or
3 other agencies other than the public schools for the
4 establishment of such classes.
5 (h) If a school district or community college district
6 establishes child-care facilities for the children of
7 participants in classes established under this Section, it
8 may extend the use of these facilities to students who have
9 obtained employment and to other persons in the community
10 whose children require care and supervision while the parent
11 or other person in charge of the children is employed or
12 otherwise absent from the home during all or part of the day.
13 It may make the facilities available before and after as well
14 as during regular school hours to school age and preschool
15 age children who may benefit thereby, including children who
16 require care and supervision pending the return of their
17 parent or other person in charge of their care from
18 employment or other activity requiring absence from the home.
19 The State Board of Education shall pay to the board the
20 cost of care in the facilities for any child who is a
21 recipient of financial aid under The Illinois Public Aid
22 Code.
23 The board may charge for care of children for whom it
24 cannot make claim under the provisions of this Section. The
25 charge shall not exceed per capita cost, and to the extent
26 feasible, shall be fixed at a level which will permit
27 utilization by employed parents of low or moderate income.
28 It may also permit any other State or local governmental
29 agency or private agency providing care for children to
30 purchase care.
31 After July 1, 1970 when the provisions of Section
32 10-20.20 become operative in the district, children in a
33 child-care facility shall be transferred to the kindergarten
34 established under that Section for such portion of the day as
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1 may be required for the kindergarten program, and only the
2 prorated costs of care and training provided in the Center
3 for the remaining period shall be charged to the Illinois
4 Department of Human Services or other persons or agencies
5 paying for such care.
6 (i) The provisions of this Section shall also apply to
7 school districts having a population exceeding 500,000.
8 (j) In addition to claiming reimbursement under this
9 Section, a school district may claim general State aid under
10 Section 18-8.05 for any student under age 21 who is enrolled
11 in courses accepted for graduation from elementary or high
12 school and who otherwise meets the requirements of Section
13 18-8.05.
14 (Source: P.A. 89-507, eff. 7-1-97; 89-524, eff. 7-19-96;
15 90-14, eff. 7-1-97; 90-548, eff. 1-1-98.)
16 (105 ILCS 5/13A-8)
17 Sec. 13A-8. Funding.
18 (a) The State of Illinois shall provide new and
19 additional funding for the alternative school programs within
20 each educational service region and within the Chicago public
21 school system by line item appropriation made to the State
22 Board of Education for that purpose. This money, when
23 appropriated, shall be provided to the regional
24 superintendent and to the Chicago Board of Education, who
25 shall establish a budget, including salaries, for their
26 alternative school programs all alternative schools in that
27 region. Each program shall receive funding in the amount of
28 $30,000 plus an amount based on the ratio of the region's or
29 Chicago's best 3 months' average daily attendance in grades
30 pre-kindergarten through 12 to the statewide totals of these
31 amounts. For purposes of this calculation, the best 3
32 months' average daily attendance for each region or Chicago
33 shall be calculated by adding to the best 3 months' average
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1 daily attendance the number of low-income students identified
2 in the most recently available federal census multiplied by
3 one-half times the percentage of the region's or Chicago's
4 low-income students to the State's total low-income students.
5 The State Board of Education shall retain up to 1.1% of the
6 appropriation to be used to provide technical assistance,
7 professional development, and evaluations for the programs.
8 (a-5) Notwithstanding any other provisions of this
9 Section, for the 1998-1999 fiscal year, the total amount
10 distributed under subsection (a) for an alternative school
11 program shall be not less than the total amount that was
12 distributed under that subsection for that alternative school
13 program for the 1997-1998 fiscal year. If an alternative
14 school program is to receive a total distribution under
15 subsection (a) for the 1998-1999 fiscal year that is less
16 than the total distribution that the program received under
17 that subsection for the 1997-1998 fiscal year, that
18 alternative school program shall also receive, from a
19 separate appropriation made for purposes of this subsection
20 (a-5), a supplementary payment equal to the amount by which
21 its total distribution under subsection (a) for the 1997-1998
22 fiscal year exceeds the amount of the total distribution that
23 the alternative school program receives under that subsection
24 for the 1998-1999 fiscal year. If the amount appropriated for
25 supplementary payments to alternative school programs under
26 this subsection (a-5) is insufficient for that purpose, those
27 supplementary payments shall be prorated among the
28 alternative school programs entitled to receive those
29 supplementary payments according to the aggregate amount of
30 the appropriation made for purposes of this subsection (a-5).
31 (b) An alternative school program shall be entitled to
32 receive general State aid as calculated in subsection (K)
33 Part B of Section 18-8.05 18-8 upon filing a claim as
34 provided therein. Any time that a student who is enrolled in
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1 an alternative school program spends in work-based learning,
2 community service, or a similar alternative educational
3 setting shall be included in determining the student's
4 minimum number of clock hours of daily school work that
5 constitute a day of attendance for purposes of calculating
6 general State aid.
7 (c) An alternative school program may receive additional
8 funding from its school districts in such amount as may be
9 agreed upon by the parties and necessary to support the
10 program. In addition, an alternative school program is
11 authorized to accept and expend gifts, legacies, and grants,
12 including but not limited to federal grants, from any source
13 for purposes directly related to the conduct and operation of
14 the program.
15 (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96;
16 89-636, eff. 8-9-96; 90-14, eff. 7-1-97; 90-283, eff.
17 7-31-97.)
18 (105 ILCS 5/18-8.05)
19 (This Section may contain text from a Public Act with a
20 delayed effective date.)
21 Sec. 18-8.05. Basis for apportionment of general State
22 financial aid and supplemental general State aid to the
23 common schools for the 1998-1999 and subsequent school years.
24 (A) General Provisions.
25 (1) The provisions of this Section apply to the
26 1998-1999 and subsequent school years. The system of general
27 State financial aid provided for in this Section is designed
28 to assure that, through a combination of State financial aid
29 and required local resources, the financial support provided
30 each pupil in Average Daily Attendance equals or exceeds a
31 prescribed per pupil Foundation Level. This formula approach
32 imputes a level of per pupil Available Local Resources and
33 provides for the basis to calculate a per pupil level of
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1 general State financial aid that, when added to Available
2 Local Resources, equals or exceeds the Foundation Level. The
3 amount of per pupil general State financial aid for school
4 districts, in general, varies in inverse relation to
5 Available Local Resources. Per pupil amounts are based upon
6 each school district's Average Daily Attendance as that term
7 is defined in this Section.
8 (2) In addition to general State financial aid, school
9 districts with specified levels or concentrations of pupils
10 from low income households are eligible to receive
11 supplemental general State financial aid grants as provided
12 pursuant to subsection (H). The supplemental State aid grants
13 provided for school districts under subsection (H) shall be
14 appropriated for distribution to school districts as part of
15 the same line item in which the general State financial aid
16 of school districts is appropriated under this Section.
17 (3) To receive financial assistance under this Section,
18 school districts are required to file claims with the State
19 Board of Education, subject to the following requirements:
20 (a) Any school district which fails for any given
21 school year to maintain school as required by law, or to
22 maintain a recognized school is not eligible to file for
23 such school year any claim upon the Common School Fund.
24 In case of nonrecognition of one or more attendance
25 centers in a school district otherwise operating
26 recognized schools, the claim of the district shall be
27 reduced in the proportion which the Average Daily
28 Attendance in the attendance center or centers bear to
29 the Average Daily Attendance in the school district. A
30 "recognized school" means any public school which meets
31 the standards as established for recognition by the State
32 Board of Education. A school district or attendance
33 center not having recognition status at the end of a
34 school term is entitled to receive State aid payments due
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1 upon a legal claim which was filed while it was
2 recognized.
3 (b) School district claims filed under this Section
4 are subject to Sections 18-9, 18-10, and 18-12, except as
5 otherwise provided in this Section.
6 (c) If a school district operates a full year
7 school under Section 10-19.1, the general State aid to
8 the school district shall be determined by the State
9 Board of Education in accordance with this Section as
10 near as may be applicable.
11 (d) Claims for financial assistance under this
12 Section shall not be recomputed except as expressly
13 provided under this Section.
14 (4) Except as provided in subsections (H) and (L), the
15 board of any district receiving any of the grants provided
16 for in this Section may apply those funds to any fund so
17 received for which that board is authorized to make
18 expenditures by law.
19 School districts are not required to exert a minimum
20 Operating Tax Rate in order to qualify for assistance under
21 this Section.
22 (5) As used in this Section the following terms, when
23 capitalized, shall have the meaning ascribed herein:
24 (a) "Average Daily Attendance": A count of pupil
25 attendance in school, averaged as provided for in
26 subsection (C) and utilized in deriving per pupil
27 financial support levels.
28 (b) "Available Local Resources": A computation of
29 local financial support, calculated on the basis Average
30 Daily Attendance and derived as provided pursuant to
31 subsection (D).
32 (c) "Corporate Personal Property Replacement
33 Taxes": Funds paid to local school districts pursuant to
34 "An Act in relation to the abolition of ad valorem
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1 personal property tax and the replacement of revenues
2 lost thereby, and amending and repealing certain Acts and
3 parts of Acts in connection therewith", certified August
4 14, 1979, as amended (Public Act 81-1st S.S.-1).
5 (d) "Foundation Level": A prescribed level of per
6 pupil financial support as provided for in subsection
7 (B).
8 (e) "Operating Tax Rate": All school district
9 property taxes extended for all purposes, except
10 community college educational purposes for the payment of
11 tuition under Section 6-1 of the Public Community College
12 Act, Bond and Interest, Summer School, Rent, Capital
13 Improvement, and Vocational Education Building purposes.
14 (B) Foundation Level.
15 (1) The Foundation Level is a figure established by the
16 State representing the minimum level of per pupil financial
17 support that should be available to provide for the basic
18 education of each pupil in Average Daily Attendance. As set
19 forth in this Section, each school district is assumed to
20 exert a sufficient local taxing effort such that, in
21 combination with the aggregate of general State financial aid
22 provided the district, an aggregate of State and local
23 resources are available to meet the basic education needs of
24 pupils in the district.
25 (2) For the 1998-1999 school year, the Foundation Level
26 of support is $4,225. For the 1999-2000 school year, the
27 Foundation Level of support is $4,325. For the 2000-2001
28 school year, the Foundation Level of support is $4,425.
29 (3) For the 2001-2002 school year and each school year
30 thereafter, the Foundation Level of support is $4,425 or such
31 greater amount as may be established by law by the General
32 Assembly.
33 (C) Average Daily Attendance.
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1 (1) For purposes of calculating general State aid
2 pursuant to subsection (E), an Average Daily Attendance
3 figure shall be utilized. The Average Daily Attendance
4 figure for formula calculation purposes shall be the monthly
5 average of the actual number of pupils in attendance of each
6 school district, as further averaged for the best 3 months of
7 pupil attendance for each school district. In compiling the
8 figures for the number of pupils in attendance, school
9 districts and the State Board of Education shall, for
10 purposes of general State aid funding, conform attendance
11 figures to the requirements of subsection (F).
12 (2) The Average Daily Attendance figures utilized in
13 subsection (E) shall be the requisite attendance data for the
14 school year immediately preceding the school year for which
15 general State aid is being calculated.
16 (D) Available Local Resources.
17 (1) For purposes of calculating general State aid
18 pursuant to subsection (E), a representation of Available
19 Local Resources per pupil, as that term is defined and
20 determined in this subsection, shall be utilized. Available
21 Local Resources per pupil shall include a calculated dollar
22 amount representing local school district revenues from local
23 property taxes and from Corporate Personal Property
24 Replacement Taxes, expressed on the basis of pupils in
25 Average Daily Attendance.
26 (2) In determining a school district's revenue from
27 local property taxes, the State Board of Education shall
28 utilize the equalized assessed valuation of all taxable
29 property of each school district as of September 30 of the
30 previous year. The equalized assessed valuation utilized
31 shall be obtained and determined as provided in subsection
32 (G).
33 (3) For school districts maintaining grades kindergarten
34 through 12, local property tax revenues per pupil shall be
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1 calculated as the product of the applicable equalized
2 assessed valuation for the district multiplied by 3.00%, and
3 divided by the district's Average Daily Attendance figure.
4 For school districts maintaining grades kindergarten through
5 8, local property tax revenues per pupil shall be calculated
6 as the product of the applicable equalized assessed valuation
7 for the district multiplied by 2.30%, and divided by the
8 district's Average Daily Attendance figure. For school
9 districts maintaining grades 9 through 12, local property tax
10 revenues per pupil shall be the applicable equalized assessed
11 valuation of the district multiplied by 1.20%, and divided by
12 the district's Average Daily Attendance figure.
13 (4) The Corporate Personal Property Replacement Taxes
14 paid to each school district during the calendar year 2 years
15 before the calendar year in which a school year begins,
16 divided by the Average Daily Attendance figure for that
17 district, shall be added to the local property tax revenues
18 per pupil as derived by the application of the immediately
19 preceding paragraph (3). The sum of these per pupil figures
20 for each school district shall constitute Available Local
21 Resources as that term is utilized in subsection (E) in the
22 calculation of general State aid.
23 (E) Computation of General State Aid.
24 (1) For each school year, the amount of general State
25 aid allotted to a school district shall be computed by the
26 State Board of Education as provided in this subsection.
27 (2) For any school district for which Available Local
28 Resources per pupil is less than the product of 0.93 times
29 the Foundation Level, general State aid for that district
30 shall be calculated as an amount equal to the Foundation
31 Level minus Available Local Resources, multiplied by the
32 Average Daily Attendance of the school district.
33 (3) For any school district for which Available Local
34 Resources per pupil is equal to or greater than the product
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1 of 0.93 times the Foundation Level and less than the product
2 of 1.75 times the Foundation Level, the general State aid per
3 pupil shall be a decimal proportion of the Foundation Level
4 derived using a linear algorithm. Under this linear
5 algorithm, the calculated general State aid per pupil shall
6 decline in direct linear fashion from 0.07 times the
7 Foundation Level for a school district with Available Local
8 Resources equal to the product of 0.93 times the Foundation
9 Level, to 0.05 times the Foundation Level for a school
10 district with Available Local Resources equal to the product
11 of 1.75 times the Foundation Level. The allocation of
12 general State aid for school districts subject to this
13 paragraph 3 shall be the calculated general State aid per
14 pupil figure multiplied by the Average Daily Attendance of
15 the school district.
16 (4) For any school district for which Available Local
17 Resources per pupil equals or exceeds the product of 1.75
18 times the Foundation Level, the general State aid for the
19 school district shall be calculated as the product of $218
20 multiplied by the Average Daily Attendance of the school
21 district.
22 (F) Compilation of Average Daily Attendance.
23 (1) Each school district shall, by July 1 of each year,
24 submit to the State Board of Education, on forms prescribed
25 by the State Board of Education, attendance figures for the
26 school year that began in the preceding calendar year. The
27 attendance information so transmitted shall identify the
28 average daily attendance figures for each month of the school
29 year, except that any days of attendance in August shall be
30 added to the month of September and any days of attendance in
31 June shall be added to the month of May.
32 Except as otherwise provided in this Section, days of
33 attendance by pupils shall be counted only for sessions of
34 not less than 5 clock hours of school work per day under
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1 direct supervision of: (i) teachers, or (ii) non-teaching
2 personnel or volunteer personnel when engaging in
3 non-teaching duties and supervising in those instances
4 specified in subsection (a) of Section 10-22.34 and paragraph
5 10 of Section 34-18, with pupils of legal school age and in
6 kindergarten and grades 1 through 12.
7 Days of attendance by tuition pupils shall be accredited
8 only to the districts that pay the tuition to a recognized
9 school.
10 (2) Days of attendance by pupils of less than 5 clock
11 hours of school shall be subject to the following provisions
12 in the compilation of Average Daily Attendance.
13 (a) Pupils regularly enrolled in a public school
14 for only a part of the school day may be counted on the
15 basis of 1/6 day for every class hour of instruction of
16 40 minutes or more attended pursuant to such enrollment.
17 (b) Days of attendance may be less than 5 clock
18 hours on the opening and closing of the school term, and
19 upon the first day of pupil attendance, if preceded by a
20 day or days utilized as an institute or teachers'
21 workshop.
22 (c) A session of 4 or more clock hours may be
23 counted as a day of attendance upon certification by the
24 regional superintendent, and approved by the State
25 Superintendent of Education to the extent that the
26 district has been forced to use daily multiple sessions.
27 (d) A session of 3 or more clock hours may be
28 counted as a day of attendance (1) when the remainder of
29 the school day or at least 2 hours in the evening of that
30 day is utilized for an in-service training program for
31 teachers, up to a maximum of 5 days per school year of
32 which a maximum of 4 days of such 5 days may be used for
33 parent-teacher conferences, provided a district conducts
34 an in-service training program for teachers which has
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1 been approved by the State Superintendent of Education;
2 or, in lieu of 4 such days, 2 full days may be used, in
3 which event each such day may be counted as a day of
4 attendance; and (2) when days in addition to those
5 provided in item (1) are scheduled by a school pursuant
6 to its school improvement plan adopted under Article 34
7 or its revised or amended school improvement plan adopted
8 under Article 2, provided that (i) such sessions of 3 or
9 more clock hours are scheduled to occur at regular
10 intervals, (ii) the remainder of the school days in which
11 such sessions occur are utilized for in-service training
12 programs or other staff development activities for
13 teachers, and (iii) a sufficient number of minutes of
14 school work under the direct supervision of teachers are
15 added to the school days between such regularly scheduled
16 sessions to accumulate not less than the number of
17 minutes by which such sessions of 3 or more clock hours
18 fall short of 5 clock hours. Any full days used for the
19 purposes of this paragraph shall not be considered for
20 computing average daily attendance. Days scheduled for
21 in-service training programs, staff development
22 activities, or parent-teacher conferences may be
23 scheduled separately for different grade levels and
24 different attendance centers of the district.
25 (e) A session of not less than one clock hour
26 teaching of hospitalized or homebound pupils on-site or
27 by telephone to the classroom may be counted as 1/2 day
28 of attendance, however these pupils must receive 4 or
29 more clock hours of instruction to be counted for a full
30 day of attendance.
31 (f) A session of at least 4 clock hours may be
32 counted as a day of attendance for first grade pupils,
33 and pupils in full day kindergartens, and a session of 2
34 or more hours may be counted as 1/2 day of attendance by
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1 pupils in kindergartens which provide only 1/2 day of
2 attendance.
3 (g) For children with disabilities who are below
4 the age of 6 years and who cannot attend 2 or more clock
5 hours because of their disability or immaturity, a
6 session of not less than one clock hour may be counted as
7 1/2 day of attendance; however for such children whose
8 educational needs so require a session of 4 or more clock
9 hours may be counted as a full day of attendance.
10 (h) A recognized kindergarten which provides for
11 only 1/2 day of attendance by each pupil shall not have
12 more than 1/2 day of attendance counted in any 1 day.
13 However, kindergartens may count 2 1/2 days of attendance
14 in any 5 consecutive school days. When a pupil attends
15 such a kindergarten for 2 half days on any one school
16 day, the pupil shall have the following day as a day
17 absent from school, unless the school district obtains
18 permission in writing from the State Superintendent of
19 Education. Attendance at kindergartens which provide for
20 a full day of attendance by each pupil shall be counted
21 the same as attendance by first grade pupils. Only the
22 first year of attendance in one kindergarten shall be
23 counted, except in case of children who entered the
24 kindergarten in their fifth year whose educational
25 development requires a second year of kindergarten as
26 determined under the rules and regulations of the State
27 Board of Education.
28 (G) Equalized Assessed Valuation Data.
29 (1) For purposes of the calculation of Available Local
30 Resources required pursuant to subsection (D), the State
31 Board of Education shall secure from the Department of
32 Revenue the value as equalized or assessed by the Department
33 of Revenue of all taxable property of every school district
34 together with the applicable tax rate used in extending taxes
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1 for the funds of the district as of September 30 of the
2 previous year.
3 This equalized assessed valuation, as adjusted further by
4 the requirements of this subsection, shall be utilized in the
5 calculation of Available Local Resources.
6 (2) The equalized assessed valuation in paragraph (1)
7 shall be adjusted, as applicable, in the following manner:
8 (a) For the purposes of calculating State aid under
9 this Section, with respect to any part of a school
10 district within a redevelopment project area in respect
11 to which a municipality has adopted tax increment
12 allocation financing pursuant to the Tax Increment
13 Allocation Redevelopment Act, Sections 11-74.4-1 through
14 11-74.4-11 of the Illinois Municipal Code or the
15 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
16 11-74.6-50 of the Illinois Municipal Code, no part of the
17 current equalized assessed valuation of real property
18 located in any such project area which is attributable to
19 an increase above the total initial equalized assessed
20 valuation of such property shall be used as part of the
21 equalized assessed valuation of the district, until such
22 time as all redevelopment project costs have been paid,
23 as provided in Section 11-74.4-8 of the Tax Increment
24 Allocation Redevelopment Act or in Section 11-74.6-35 of
25 the Industrial Jobs Recovery Law. For the purpose of the
26 equalized assessed valuation of the district, the total
27 initial equalized assessed valuation or the current
28 equalized assessed valuation, whichever is lower, shall
29 be used until such time as all redevelopment project
30 costs have been paid.
31 (b) The real property equalized assessed valuation
32 for a school district shall be adjusted by subtracting
33 from the real property value as equalized or assessed by
34 the Department of Revenue for the district an amount
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1 computed by dividing the amount of any abatement of taxes
2 under Section 18-170 of the Property Tax Code by 3.00%
3 for a district maintaining grades kindergarten through 12
4 or by 2.30% for a district maintaining grades
5 kindergarten through 8, or by 1.20% for a district
6 maintaining grades 9 through 12 and adjusted by an amount
7 computed by dividing the amount of any abatement of taxes
8 under subsection (a) of Section 18-165 of the Property
9 Tax Code by the same percentage rates for district type
10 as specified in this subparagraph (c).
11 (H) Supplemental General State Aid.
12 (1) In addition to the general State aid a school
13 district is allotted pursuant to subsection (E), qualifying
14 school districts shall receive a grant, paid in conjunction
15 with a district's payments of general State aid, for
16 supplemental general State aid based upon the concentration
17 level of children from low-income households within the
18 school district. Supplemental State aid grants provided for
19 school districts under this subsection shall be appropriated
20 for distribution to school districts as part of the same line
21 item in which the general State financial aid of school
22 districts is appropriated under this Section. For purposes of
23 this subsection, the term "Low-Income Concentration Level"
24 shall be the low-income eligible pupil count from the most
25 recently available federal census divided by the Average
26 Daily Attendance of the school district.
27 (2) Supplemental general State aid pursuant to this
28 subsection shall be provided as follows:
29 (a) For any school district with a Low Income
30 Concentration Level of at least 20% and less than 35%,
31 the grant for any school year shall be $800 multiplied by
32 the low income eligible pupil count.
33 (b) For any school district with a Low Income
34 Concentration Level of at least 35% and less than 50%,
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1 the grant for the 1998-1999 school year shall be $1,100
2 multiplied by the low income eligible pupil count.
3 (c) For any school district with a Low Income
4 Concentration Level of at least 50% and less than 60%,
5 the grant for the 1998-99 school year shall be $1,500
6 multiplied by the low income eligible pupil count.
7 (d) For any school district with a Low Income
8 Concentration Level of 60% or more, the grant for the
9 1998-99 school year shall be $1,900 multiplied by the low
10 income eligible pupil count.
11 (e) For the 1999-2000 school year, the per pupil
12 amount specified in subparagraphs (b), (c), and (d),
13 immediately above shall be increased by $100 to $1,200,
14 $1,600, and $2,000, respectively.
15 (f) For the 2000-2001 school year, the per pupil
16 amounts specified in subparagraphs (b), (c) and (d)
17 immediately above shall be increased to $1,230, $1,640,
18 and $2,050, respectively.
19 (3) School districts with an Average Daily Attendance of
20 more than 1,000 and less than 50,000 that qualify for
21 supplemental general State aid pursuant to this subsection
22 shall submit a plan to the State Board of Education prior to
23 October 30 of each year for the use of the funds resulting
24 from this grant of supplemental general State aid for the
25 improvement of instruction in which priority is given to
26 meeting the education needs of disadvantaged children. Such
27 plan shall be submitted in accordance with rules and
28 regulations promulgated by the State Board of Education.
29 (4) School districts with an Average Daily Attendance of
30 50,000 or more that qualify for supplemental general State
31 aid pursuant to this subsection shall be required to
32 distribute from funds available pursuant to this Section, no
33 less than $261,000,000 in accordance with the following
34 requirements:
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1 (a) The required amounts shall be distributed to
2 the attendance centers within the district in proportion
3 to the number of pupils enrolled at each attendance
4 center who are eligible to receive free or reduced-price
5 lunches or breakfasts under the federal Child Nutrition
6 Act of 1966 and under the National School Lunch Act
7 during the immediately preceding school year.
8 (b) The distribution of these portions of
9 supplemental and general State aid among attendance
10 centers according to these requirements shall not be
11 compensated for or contravened by adjustments of the
12 total of other funds appropriated to any attendance
13 centers, and the Board of Education shall utilize funding
14 from one or several sources in order to fully implement
15 this provision annually prior to the opening of school.
16 (c) Each attendance center shall be provided by the
17 school district a distribution of noncategorical funds
18 and other categorical funds to which an attendance center
19 is entitled under law in order that the general State aid
20 and supplemental general State aid provided by
21 application of this subsection supplements rather than
22 supplants the noncategorical funds and other categorical
23 funds provided by the school district to the attendance
24 centers.
25 (d) Any funds made available under this subsection
26 that by reason of the provisions of this subsection are
27 not required to be allocated and provided to attendance
28 centers may be used and appropriated by the board of the
29 district for any lawful school purpose.
30 (e) Funds received by an attendance center pursuant
31 to this subsection shall be used by the attendance center
32 at the discretion of the principal and local school
33 council for programs to improve educational opportunities
34 at qualifying schools through the following programs and
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1 services: early childhood education, reduced class size
2 or improved adult to student classroom ratio, enrichment
3 programs, remedial assistance, attendance improvement and
4 other educationally beneficial expenditures which
5 supplement the regular and basic programs as determined
6 by the State Board of Education. Funds provided shall
7 not be expended for any political or lobbying purposes as
8 defined by board rule.
9 (f) Each district subject to the provisions of this
10 subdivision (H)(4) shall submit an acceptable plan to
11 meet the educational needs of disadvantaged children, in
12 compliance with the requirements of this paragraph, to
13 the State Board of Education prior to July 15 of each
14 year. This plan shall be consistent with the decisions of
15 local school councils concerning the school expenditure
16 plans developed in accordance with part 4 of Section
17 34-2.3. The State Board shall approve or reject the plan
18 within 60 days after its submission. If the plan is
19 rejected, the district shall give written notice of
20 intent to modify the plan within 15 days of the
21 notification of rejection and then submit a modified plan
22 within 30 days after the date of the written notice of
23 intent to modify. Districts may amend approved plans
24 pursuant to rules promulgated by the State Board of
25 Education.
26 Upon notification by the State Board of Education
27 that the district has not submitted a plan prior to July
28 15 or a modified plan within the time period specified
29 herein, the State aid funds affected by that plan or
30 modified plan shall be withheld by the State Board of
31 Education until a plan or modified plan is submitted.
32 If the district fails to distribute State aid to
33 attendance centers in accordance with an approved plan,
34 the plan for the following year shall allocate funds, in
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1 addition to the funds otherwise required by this
2 subsection, to those attendance centers which were
3 underfunded during the previous year in amounts equal to
4 such underfunding.
5 For purposes of determining compliance with this
6 subsection in relation to the requirements of attendance
7 center funding, each district subject to the provisions
8 of this subsection shall submit as a separate document by
9 December 1 of each year a report of expenditure data for
10 the prior year in addition to any modification of its
11 current plan. If it is determined that there has been a
12 failure to comply with the expenditure provisions of this
13 subsection regarding contravention or supplanting, the
14 State Superintendent of Education shall, within 60 days
15 of receipt of the report, notify the district and any
16 affected local school council. The district shall within
17 45 days of receipt of that notification inform the State
18 Superintendent of Education of the remedial or corrective
19 action to be taken, whether by amendment of the current
20 plan, if feasible, or by adjustment in the plan for the
21 following year. Failure to provide the expenditure
22 report or the notification of remedial or corrective
23 action in a timely manner shall result in a withholding
24 of the affected funds.
25 The State Board of Education shall promulgate rules
26 and regulations to implement the provisions of this
27 subsection. No funds shall be released under this
28 subdivision (H)(4) to any district that has not submitted
29 a plan that has been approved by the State Board of
30 Education.
31 (I) General State Aid for Newly Configured School Districts.
32 (1) For a new school district formed by combining
33 property included totally within 2 or more previously
34 existing school districts, for its first year of existence
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1 the general State aid and supplemental general State aid
2 calculated under this Section shall be computed for the new
3 district and for the previously existing districts for which
4 property is totally included within the new district. If the
5 computation on the basis of the previously existing districts
6 is greater, a supplementary payment equal to the difference
7 shall be made for the first 4 years of existence of the new
8 district.
9 (2) For a school district which annexes all of the
10 territory of one or more entire other school districts, for
11 the first year during which the change of boundaries
12 attributable to such annexation becomes effective for all
13 purposes as determined under Section 7-9 or 7A-8, the general
14 State aid and supplemental general State aid calculated under
15 this Section shall be computed for the annexing district as
16 constituted after the annexation and for the annexing and
17 each annexed district as constituted prior to the annexation;
18 and if the computation on the basis of the annexing and
19 annexed districts as constituted prior to the annexation is
20 greater, a supplementary payment equal to the difference
21 shall be made for the first 4 years of existence of the
22 annexing school district as constituted upon such annexation.
23 (3) For 2 or more school districts which annex all of
24 the territory of one or more entire other school districts,
25 and for 2 or more community unit districts which result upon
26 the division (pursuant to petition under Section 11A-2) of
27 one or more other unit school districts into 2 or more parts
28 and which together include all of the parts into which such
29 other unit school district or districts are so divided, for
30 the first year during which the change of boundaries
31 attributable to such annexation or division becomes effective
32 for all purposes as determined under Section 7-9 or 11A-10,
33 as the case may be, the general State aid and supplemental
34 general State aid calculated under this Section shall be
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1 computed for each annexing or resulting district as
2 constituted after the annexation or division and for each
3 annexing and annexed district, or for each resulting and
4 divided district, as constituted prior to the annexation or
5 division; and if the aggregate of the general State aid and
6 supplemental general State aid as so computed for the
7 annexing or resulting districts as constituted after the
8 annexation or division is less than the aggregate of the
9 general State aid and supplemental general State aid as so
10 computed for the annexing and annexed districts, or for the
11 resulting and divided districts, as constituted prior to the
12 annexation or division, then a supplementary payment equal to
13 the difference shall be made and allocated between or among
14 the annexing or resulting districts, as constituted upon such
15 annexation or division, for the first 4 years of their
16 existence. The total difference payment shall be allocated
17 between or among the annexing or resulting districts in the
18 same ratio as the pupil enrollment from that portion of the
19 annexed or divided district or districts which is annexed to
20 or included in each such annexing or resulting district bears
21 to the total pupil enrollment from the entire annexed or
22 divided district or districts, as such pupil enrollment is
23 determined for the school year last ending prior to the date
24 when the change of boundaries attributable to the annexation
25 or division becomes effective for all purposes. The amount
26 of the total difference payment and the amount thereof to be
27 allocated to the annexing or resulting districts shall be
28 computed by the State Board of Education on the basis of
29 pupil enrollment and other data which shall be certified to
30 the State Board of Education, on forms which it shall provide
31 for that purpose, by the regional superintendent of schools
32 for each educational service region in which the annexing and
33 annexed districts, or resulting and divided districts are
34 located.
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1 (4) Any supplementary payment made under this subsection
2 (I) shall be treated as separate from all other payments made
3 pursuant to this Section.
4 (J) Supplementary Grants in Aid.
5 (1) Notwithstanding any other provisions of this
6 Section, the amount of the aggregate general State aid in
7 combination with supplemental general State aid under this
8 Section for which each school district is eligible for the
9 1998-1999 school year shall be no less than the amount of the
10 aggregate general State aid entitlement that was received by
11 the district under Section 18-8 (exclusive of amounts
12 received under subsections 5(p) and 5(p-5) of that Section)
13 for the 1997-98 school year, pursuant to the provisions of
14 that Section as it was then in effect. If a school district
15 qualifies to receive a supplementary payment made under this
16 subsection (J) for the 1998-1999 school year, the amount of
17 the aggregate general State aid in combination with
18 supplemental general State aid under this Section which that
19 district is eligible to receive for each school year
20 subsequent to the 1998-1999 school year shall be no less than
21 the amount of the aggregate general State aid entitlement
22 that was received by the district under Section 18-8
23 (exclusive of amounts received under subsections 5(p) and
24 5(p-5) of that Section) for the 1997-1998 school year,
25 pursuant to the provisions of that Section as it was then in
26 effect.
27 (2) If, as provided in paragraph (1) of this subsection
28 (J), a school district is to receive aggregate general State
29 aid in combination with supplemental general State aid under
30 this Section for the 1998-99 school year, or for the 1998-99
31 school year and any subsequent school year, that in any such
32 school year is less than the amount of the aggregate general
33 State aid entitlement that the district received for the
34 1997-98 school year, the school district shall also receive,
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1 from a separate appropriation made for purposes of this
2 subsection (J), a supplementary payment that is equal to the
3 amount of the difference in the aggregate State aid figures
4 as described in paragraph (1).
5 (3) If the amount appropriated for supplementary
6 payments to school districts under this subsection (J) is
7 insufficient for that purpose, the supplementary payments
8 that districts are to receive under this subsection shall be
9 prorated according to the aggregate amount of the
10 appropriation made for purposes of this subsection.
11 (K) Grants to Laboratory and Alternative Schools.
12 In calculating the amount to be paid to the governing
13 board of a public university that operates a laboratory
14 school under this Section or to any alternative school that
15 is operated by a regional superintendent, the State Board of
16 Education shall require by rule such reporting requirements
17 as it deems necessary.
18 As used in this Section, "laboratory school" means a
19 public school which is created and operated by a public
20 university and approved by the State Board of Education. The
21 governing board of a public university which receives funds
22 from the State Board under this subsection (K) may not
23 increase the number of students enrolled in its laboratory
24 school from a single district, if that district is already
25 sending 50 or more students, except under a mutual agreement
26 between the school board of a student's district of residence
27 and the university which operates the laboratory school. A
28 laboratory school may not have more than 1,000 students,
29 excluding students with disabilities in a special education
30 program.
31 As used in this Section, "alternative school" means a
32 public school which is created and operated by a Regional
33 Superintendent of Schools and approved by the State Board of
34 Education. Such alternative schools may offer courses of
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1 instruction for which credit is given in regular school
2 programs, courses to prepare students for the high school
3 equivalency testing program or vocational and occupational
4 training. A regional superintendent may contract with a
5 school district or a public community college district to
6 operate an alternative school. An alternative school serving
7 more than one educational service region may be established
8 by the regional superintendents of those educational service
9 regions.
10 Each laboratory and alternative school shall file, on
11 forms provided by the State Superintendent of Education, an
12 annual State aid claim which states the Average Daily
13 Attendance of the school's students by month. The best 3
14 months' Average Daily Attendance shall be computed for each
15 school. The general State aid entitlement shall be computed
16 by multiplying the applicable Average Daily Attendance by the
17 Foundation Level as determined under this Section.
18 (L) Payments, Additional Grants in Aid and Other
19 Requirements.
20 (1) For a school district operating under the financial
21 supervision of an Authority created under Article 34A, the
22 general State aid otherwise payable to that district under
23 this Section, but not the supplemental general State aid,
24 shall be reduced by an amount equal to the budget for the
25 operations of the Authority as certified by the Authority to
26 the State Board of Education, and an amount equal to such
27 reduction shall be paid to the Authority created for such
28 district for its operating expenses in the manner provided in
29 Section 18-11. The remainder of general State school aid for
30 any such district shall be paid in accordance with Article
31 34A when that Article provides for a disposition other than
32 that provided by this Article.
33 (2) Impaction. Impaction payments shall be made as
34 provided for in Section 18-4.2.
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1 (3) Summer school. Summer school payments shall be made
2 as provided in Section 18-4.3.
3 (M) Education Funding Advisory Board.
4 The Education Funding Advisory Board, hereinafter in this
5 subsection (M) referred to as the "Board", is hereby created.
6 The Board shall consist of 5 members who are appointed by the
7 Governor, by and with the advice and consent of the Senate.
8 The members appointed shall include representatives of
9 education, business, and the general public. One of the
10 members so appointed shall be designated by the Governor at
11 the time the appointment is made as the chairperson of the
12 Board. The initial members of the Board may be appointed any
13 time after the effective date of this amendatory Act of 1997.
14 The regular term of each member of the Board shall be for 4
15 years from the third Monday of January of the year in which
16 the term of the member's appointment is to commence, except
17 that of the 5 initial members appointed to serve on the
18 Board, the member who is appointed as the chairperson shall
19 serve for a term that commences on the date of his or her
20 appointment and expires on the third Monday of January, 2002,
21 and the remaining 4 members, by lots drawn at the first
22 meeting of the Board that is held after all 5 members are
23 appointed, shall determine 2 of their number to serve for
24 terms that commence on the date of their respective
25 appointments and expire on the third Monday of January, 2001,
26 and 2 of their number to serve for terms that commence on the
27 date of their respective appointments and expire on the third
28 Monday of January, 2000. All members appointed to serve on
29 the Board shall serve until their respective successors are
30 appointed and confirmed. Vacancies shall be filled in the
31 same manner as original appointments. If a vacancy in
32 membership occurs at a time when the Senate is not in
33 session, the Governor shall make a temporary appointment
34 until the next meeting of the Senate, when he or she shall
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1 appoint, by and with the advice and consent of the Senate, a
2 person to fill that membership for the unexpired term. If
3 the Senate is not in session when the initial appointments
4 are made, those appointments shall be made as in the case of
5 vacancies.
6 The Education Funding Advisory Board shall be deemed
7 established, and the initial members appointed by the
8 Governor to serve as members of the Board shall take office,
9 on the date that the Governor makes his or her appointment of
10 the fifth initial member of the Board, whether those initial
11 members are then serving pursuant to appointment and
12 confirmation or pursuant to temporary appointments that are
13 made by the Governor as in the case of vacancies.
14 The State Board of Education shall provide such staff
15 assistance to the Education Funding Advisory Board as is
16 reasonably required for the proper performance by the Board
17 of its responsibilities.
18 For school years after the 2000-2001 school year, the
19 Education Funding Advisory Board, in consultation with the
20 State Board of Education, shall make recommendations as
21 provided in this subsection (M) to the General Assembly for
22 the foundation level under subdivision (B)(3) of this Section
23 and for the supplemental general State aid grant level under
24 subsection (H) of this Section for districts with high
25 concentrations of children from poverty. The recommended
26 foundation level shall be determined based on a methodology
27 which incorporates the basic education expenditures of
28 low-spending schools exhibiting high academic performance.
29 The Education Funding Advisory Board shall make such
30 recommendations to the General Assembly on January 1 of odd
31 numbered years, beginning January 1, 2001.
32 (N) General State Aid Adjustment Grant.
33 (1) Any school district subject to property tax
34 extension limitations as imposed under the provisions of the
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1 Property Tax Extension Limitation Law shall be entitled to
2 receive, subject to the qualifications and requirements of
3 this subsection, a general State aid adjustment grant.
4 Eligibility for this grant shall be determined on an annual
5 basis and claims for grant payments shall be paid subject to
6 appropriations made specific to this subsection. For
7 purposes of this subsection the following terms shall have
8 the following meanings:
9 "Budget Year": The school year for which general State
10 aid is calculated and awarded under subsection (E).
11 "Current Year": The school year immediately preceding
12 the Budget Year.
13 "Base Tax Year": The property tax levy year used to
14 calculate the Budget Year allocation of general State aid.
15 "Preceding Tax Year": The property tax levy year
16 immediately preceding the Base Tax Year.
17 "Extension Limitation Ratio": A numerical ratio,
18 certified by a school district's County Clerk, in which the
19 numerator is the Base Tax Year's tax extension amount
20 resulting from the Operating Tax Rate and the denominator is
21 the Preceding Tax Year's tax extension amount resulting from
22 the Operating Tax Rate.
23 "Operating Tax Rate": The operating tax rate as defined
24 in subsection (A).
25 (2) To qualify for a general State aid adjustment grant,
26 a school district must meet all of the following eligibility
27 criteria for each Budget Year for which a grant is claimed:
28 (a) The Operating Tax Rate of the school district
29 in the Preceding Tax Year was at least 3.00% in the case
30 of a school district maintaining grades kindergarten
31 through 12, at least 2.30% in the case of a school
32 district maintaining grades kindergarten through 8, or at
33 least 1.41% in the case of a school district maintaining
34 grades 9 through 12.
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1 (b) The Operating Tax Rate of the school district
2 for the Base Tax Year was reduced by the Clerk of the
3 County as a result of the requirements of the Property
4 Tax Extension Limitation Law.
5 (c) The Available Local Resources per pupil of the
6 school district as calculated pursuant to subsection (D)
7 using the Base Tax Year are less than the product of 1.75
8 times the Foundation Level for the Budget Year.
9 (d) The school district has filed a proper and
10 timely claim for a general State aid adjustment grant as
11 required under this subsection.
12 (3) A claim for grant assistance under this subsection
13 shall be filed with the State Board of Education on or before
14 January 1 of the Current Year for a grant for the Budget
15 Year. The claim shall be made on forms prescribed by the
16 State Board of Education and must be accompanied by a written
17 statement from the Clerk of the County, certifying:
18 (a) That the school district has its extension for
19 the Base Tax Year reduced as a result of the Property Tax
20 Extension Limitation Law.
21 (b) That the Operating Tax Rate of the school
22 district for the Preceding Tax Year met the tax rate
23 requirements of subdivision (N)(2) of this Section.
24 (c) The Extension Limitation Ratio as that term is
25 defined in this subsection.
26 (4) On or before August 1 of the Budget Year the State
27 Board of Education shall calculate, for all school districts
28 meeting the other requirements of this subsection, the amount
29 of the general State aid adjustment grant, if any, that the
30 school districts are eligible to receive in the Budget Year.
31 The amount of the general State aid adjustment grant shall be
32 calculated as follows:
33 (a) Determine the school district's general State
34 aid grant for the Budget Year as provided in accordance
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1 with the provisions of subsection (E).
2 (b) Determine the school district's adjusted level
3 of general State aid by utilizing in the calculation of
4 Available Local Resources an equalized assessed valuation
5 that is the equalized assessed valuation of the Preceding
6 Tax Year multiplied by the Extension Limitation Ratio.
7 (c) Subtract the sum derived in subparagraph (a)
8 from the sum derived in subparagraph (b). If the result
9 is a positive number, that amount shall be the general
10 State aid adjustment grant that the district is eligible
11 to receive.
12 (5) The State Board of Education shall in the Current
13 Year, based upon claims filed in the Current Year, recommend
14 to the General Assembly an appropriation amount for the
15 general State aid adjustment grants to be made in the Budget
16 Year.
17 (6) Claims for general State aid adjustment grants shall
18 be paid in a lump sum on or before January 1 of the Budget
19 Year only from appropriations made by the General Assembly
20 expressly for claims under this subsection. No such claims
21 may be paid from amounts appropriated for any other purpose
22 provided for under this Section. In the event that the
23 appropriation for claims under this subsection is
24 insufficient to meet all Budget Year claims for a general
25 State aid adjustment grant, the appropriation available shall
26 be proportionately prorated by the State Board of Education
27 amongst all districts filing for and entitled to payments.
28 (7) The State Board of Education shall promulgate the
29 required claim forms and rules necessary to implement the
30 provisions of this subsection.
31 (O) References.
32 (1) References in other laws to the various subdivisions
33 of Section 18-8 as that Section existed before its repeal and
34 replacement by this Section 18-8.05 shall be deemed to refer
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1 to the corresponding provisions of this Section 18-8.05, to
2 the extent that those references remain applicable.
3 (2) References in other laws to State Chapter 1 funds
4 shall be deemed to refer to the supplemental general State
5 aid provided under subsection (H) of this Section.
6 (Source: P.A. 90-548, eff. 7-1-98.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming law, except that the provisions changing Sections
9 2-3.66, 10-22.20, 13A-8, and 18-8.05 of the School Code take
10 effect July 1, 1998.