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92_SB1983ccr001 LRB9216031NTpkccr1 1 92ND GENERAL ASSEMBLY 2 FIRST CONFERENCE COMMITTEE REPORT 3 ON SENATE BILL 1983 4 ------------------------------------------------------------- 5 ------------------------------------------------------------- 6 To the President of the Senate and the Speaker of the 7 House of Representatives: 8 We, the conference committee appointed to consider the 9 differences between the houses in relation to House 10 Amendments Nos. 1 and 2 to Senate Bill 1983, recommend the 11 following: 12 (1) that the Senate concur in House Amendments Nos. 1 13 and 2; and 14 (2) that Senate Bill 1983, AS AMENDED, be further 15 amended as follows: 16 in Section 5, in the introductory clause, by replacing "and 17 14C-4" with "14C-4, and 18-8.05"; and 18 in Section 5, immediately below the end of Sec. 14C-4, by 19 inserting the following: 20 "(105 ILCS 5/18-8.05) 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 -2- LRB9216031NTpkccr1 1 provides for the basis to calculate a per pupil level of 2 general State financial aid that, when added to Available 3 Local Resources, equals or exceeds the Foundation Level. The 4 amount of per pupil general State financial aid for school 5 districts, in general, varies in inverse relation to 6 Available Local Resources. Per pupil amounts are based upon 7 each school district's Average Daily Attendance as that term 8 is defined in this Section. 9 (2) In addition to general State financial aid, school 10 districts with specified levels or concentrations of pupils 11 from low income households are eligible to receive 12 supplemental general State financial aid grants as provided 13 pursuant to subsection (H). The supplemental State aid grants 14 provided for school districts under subsection (H) shall be 15 appropriated for distribution to school districts as part of 16 the same line item in which the general State financial aid 17 of school districts is appropriated under this Section. 18 (3) To receive financial assistance under this Section, 19 school districts are required to file claims with the State 20 Board of Education, subject to the following requirements: 21 (a) Any school district which fails for any given 22 school year to maintain school as required by law, or to 23 maintain a recognized school is not eligible to file for 24 such school year any claim upon the Common School Fund. 25 In case of nonrecognition of one or more attendance 26 centers in a school district otherwise operating 27 recognized schools, the claim of the district shall be 28 reduced in the proportion which the Average Daily 29 Attendance in the attendance center or centers bear to 30 the Average Daily Attendance in the school district. A 31 "recognized school" means any public school which meets 32 the standards as established for recognition by the State 33 Board of Education. A school district or attendance 34 center not having recognition status at the end of a 35 school term is entitled to receive State aid payments due -3- LRB9216031NTpkccr1 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) (Blank). 12 (4) Except as provided in subsections (H) and (L), the 13 board of any district receiving any of the grants provided 14 for in this Section may apply those funds to any fund so 15 received for which that board is authorized to make 16 expenditures by law. 17 School districts are not required to exert a minimum 18 Operating Tax Rate in order to qualify for assistance under 19 this Section. 20 (5) As used in this Section the following terms, when 21 capitalized, shall have the meaning ascribed herein: 22 (a) "Average Daily Attendance": A count of pupil 23 attendance in school, averaged as provided for in 24 subsection (C) and utilized in deriving per pupil 25 financial support levels. 26 (b) "Available Local Resources": A computation of 27 local financial support, calculated on the basis of 28 Average Daily Attendance and derived as provided pursuant 29 to subsection (D). 30 (c) "Corporate Personal Property Replacement 31 Taxes": Funds paid to local school districts pursuant to 32 "An Act in relation to the abolition of ad valorem 33 personal property tax and the replacement of revenues 34 lost thereby, and amending and repealing certain Acts and 35 parts of Acts in connection therewith", certified August -4- LRB9216031NTpkccr1 1 14, 1979, as amended (Public Act 81-1st S.S.-1). 2 (d) "Foundation Level": A prescribed level of per 3 pupil financial support as provided for in subsection 4 (B). 5 (e) "Operating Tax Rate": All school district 6 property taxes extended for all purposes, except Bond and 7 Interest, Summer School, Rent, Capital Improvement, and 8 Vocational Education Building purposes. 9 (B) Foundation Level. 10 (1) The Foundation Level is a figure established by the 11 State representing the minimum level of per pupil financial 12 support that should be available to provide for the basic 13 education of each pupil in Average Daily Attendance. As set 14 forth in this Section, each school district is assumed to 15 exert a sufficient local taxing effort such that, in 16 combination with the aggregate of general State financial aid 17 provided the district, an aggregate of State and local 18 resources are available to meet the basic education needs of 19 pupils in the district. 20 (2) For the 1998-1999 school year, the Foundation Level 21 of support is $4,225. For the 1999-2000 school year, the 22 Foundation Level of support is $4,325. For the 2000-2001 23 school year, the Foundation Level of support is $4,425. 24 (3) For the 2001-2002 school year and each school year 25 thereafter, the Foundation Level of support is $4,560 or such 26 greater amount as may be established by law by the General 27 Assembly. 28 (C) Average Daily Attendance. 29 (1) For purposes of calculating general State aid 30 pursuant to subsection (E), an Average Daily Attendance 31 figure shall be utilized. The Average Daily Attendance 32 figure for formula calculation purposes shall be the monthly 33 average of the actual number of pupils in attendance of each 34 school district, as further averaged for the best 3 months of -5- LRB9216031NTpkccr1 1 pupil attendance for each school district. In compiling the 2 figures for the number of pupils in attendance, school 3 districts and the State Board of Education shall, for 4 purposes of general State aid funding, conform attendance 5 figures to the requirements of subsection (F). 6 (2) The Average Daily Attendance figures utilized in 7 subsection (E) shall be the requisite attendance data for the 8 school year immediately preceding the school year for which 9 general State aid is being calculated or the average of the 10 attendance data for the 3 preceding school years, whichever 11 is greater. The Average Daily Attendance figures utilized in 12 subsection (H) 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- LRB9216031NTpkccr1 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 1.05%, 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- LRB9216031NTpkccr1 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 (5) The amount of general State aid allocated to a 22 school district for the 1999-2000 school year meeting the 23 requirements set forth in paragraph (4) of subsection (G) 24 shall be increased by an amount equal to the general State 25 aid that would have been received by the district for the 26 1998-1999 school year by utilizing the Extension Limitation 27 Equalized Assessed Valuation as calculated in paragraph (4) 28 of subsection (G) less the general State aid allotted for the 29 1998-1999 school year. This amount shall be deemed a one 30 time increase, and shall not affect any future general State 31 aid allocations. 32 (F) Compilation of Average Daily Attendance. 33 (1) Each school district shall, by July 1 of each year, 34 submit to the State Board of Education, on forms prescribed -8- LRB9216031NTpkccr1 1 by the State Board of Education, attendance figures for the 2 school year that began in the preceding calendar year. The 3 attendance information so transmitted shall identify the 4 average daily attendance figures for each month of the school 5 year, except that any days of attendance in August shall be 6 added to the month of September and any days of attendance in 7 June shall be added to the month of May. 8 Except as otherwise provided in this Section, days of 9 attendance by pupils shall be counted only for sessions of 10 not less than 5 clock hours of school work per day under 11 direct supervision of: (i) teachers, or (ii) non-teaching 12 personnel or volunteer personnel when engaging in 13 non-teaching duties and supervising in those instances 14 specified in subsection (a) of Section 10-22.34 and paragraph 15 10 of Section 34-18, with pupils of legal school age and in 16 kindergarten and grades 1 through 12. 17 Days of attendance by tuition pupils shall be accredited 18 only to the districts that pay the tuition to a recognized 19 school. 20 (2) Days of attendance by pupils of less than 5 clock 21 hours of school shall be subject to the following provisions 22 in the compilation of Average Daily Attendance. 23 (a) Pupils regularly enrolled in a public school 24 for only a part of the school day may be counted on the 25 basis of 1/6 day for every class hour of instruction of 26 40 minutes or more attended pursuant to such enrollment, 27 unless a pupil is enrolled in a block-schedule format of 28 80 minutes or more of instruction, in which case the 29 pupil may be counted on the basis of the proportion of 30 minutes of school work completed each day to the minimum 31 number of minutes that school work is required to be held 32 that day. 33 (b) Days of attendance may be less than 5 clock 34 hours on the opening and closing of the school term, and 35 upon the first day of pupil attendance, if preceded by a -9- LRB9216031NTpkccr1 1 day or days utilized as an institute or teachers' 2 workshop. 3 (c) A session of 4 or more clock hours may be 4 counted as a day of attendance upon certification by the 5 regional superintendent, and approved by the State 6 Superintendent of Education to the extent that the 7 district has been forced to use daily multiple sessions. 8 (d) A session of 3 or more clock hours may be 9 counted as a day of attendance (1) when the remainder of 10 the school day or at least 2 hours in the evening of that 11 day is utilized for an in-service training program for 12 teachers, up to a maximum of 5 days per school year of 13 which a maximum of 4 days of such 5 days may be used for 14 parent-teacher conferences, provided a district conducts 15 an in-service training program for teachers which has 16 been approved by the State Superintendent of Education; 17 or, in lieu of 4 such days, 2 full days may be used, in 18 which event each such day may be counted as a day of 19 attendance; and (2) when days in addition to those 20 provided in item (1) are scheduled by a school pursuant 21 to its school improvement plan adopted under Article 34 22 or its revised or amended school improvement plan adopted 23 under Article 2, provided that (i) such sessions of 3 or 24 more clock hours are scheduled to occur at regular 25 intervals, (ii) the remainder of the school days in which 26 such sessions occur are utilized for in-service training 27 programs or other staff development activities for 28 teachers, and (iii) a sufficient number of minutes of 29 school work under the direct supervision of teachers are 30 added to the school days between such regularly scheduled 31 sessions to accumulate not less than the number of 32 minutes by which such sessions of 3 or more clock hours 33 fall short of 5 clock hours. Any full days used for the 34 purposes of this paragraph shall not be considered for 35 computing average daily attendance. Days scheduled for -10- LRB9216031NTpkccr1 1 in-service training programs, staff development 2 activities, or parent-teacher conferences may be 3 scheduled separately for different grade levels and 4 different attendance centers of the district. 5 (e) A session of not less than one clock hour of 6 teaching hospitalized or homebound pupils on-site or by 7 telephone to the classroom may be counted as 1/2 day of 8 attendance, however these pupils must receive 4 or more 9 clock hours of instruction to be counted for a full day 10 of attendance. 11 (f) A session of at least 4 clock hours may be 12 counted as a day of attendance for first grade pupils, 13 and pupils in full day kindergartens, and a session of 2 14 or more hours may be counted as 1/2 day of attendance by 15 pupils in kindergartens which provide only 1/2 day of 16 attendance. 17 (g) For children with disabilities who are below 18 the age of 6 years and who cannot attend 2 or more clock 19 hours because of their disability or immaturity, a 20 session of not less than one clock hour may be counted as 21 1/2 day of attendance; however for such children whose 22 educational needs so require a session of 4 or more clock 23 hours may be counted as a full day of attendance. 24 (h) A recognized kindergarten which provides for 25 only 1/2 day of attendance by each pupil shall not have 26 more than 1/2 day of attendance counted in any one day. 27 However, kindergartens may count 2 1/2 days of attendance 28 in any 5 consecutive school days. When a pupil attends 29 such a kindergarten for 2 half days on any one school 30 day, the pupil shall have the following day as a day 31 absent from school, unless the school district obtains 32 permission in writing from the State Superintendent of 33 Education. Attendance at kindergartens which provide for 34 a full day of attendance by each pupil shall be counted 35 the same as attendance by first grade pupils. Only the -11- LRB9216031NTpkccr1 1 first year of attendance in one kindergarten shall be 2 counted, except in case of children who entered the 3 kindergarten in their fifth year whose educational 4 development requires a second year of kindergarten as 5 determined under the rules and regulations of the State 6 Board of Education. 7 (G) Equalized Assessed Valuation Data. 8 (1) For purposes of the calculation of Available Local 9 Resources required pursuant to subsection (D), the State 10 Board of Education shall secure from the Department of 11 Revenue the value as equalized or assessed by the Department 12 of Revenue of all taxable property of every school district, 13 together with (i) the applicable tax rate used in extending 14 taxes for the funds of the district as of September 30 of the 15 previous year and (ii) the limiting rate for all school 16 districts subject to property tax extension limitations as 17 imposed under the Property Tax Extension Limitation Law. 18 This equalized assessed valuation, as adjusted further by 19 the requirements of this subsection, shall be utilized in the 20 calculation of Available Local Resources. 21 (2) The equalized assessed valuation in paragraph (1) 22 shall be adjusted, as applicable, in the following manner: 23 (a) For the purposes of calculating State aid under 24 this Section, with respect to any part of a school 25 district within a redevelopment project area in respect 26 to which a municipality has adopted tax increment 27 allocation financing pursuant to the Tax Increment 28 Allocation Redevelopment Act, Sections 11-74.4-1 through 29 11-74.4-11 of the Illinois Municipal Code or the 30 Industrial Jobs Recovery Law, Sections 11-74.6-1 through 31 11-74.6-50 of the Illinois Municipal Code, no part of the 32 current equalized assessed valuation of real property 33 located in any such project area which is attributable to 34 an increase above the total initial equalized assessed -12- LRB9216031NTpkccr1 1 valuation of such property shall be used as part of the 2 equalized assessed valuation of the district, until such 3 time as all redevelopment project costs have been paid, 4 as provided in Section 11-74.4-8 of the Tax Increment 5 Allocation Redevelopment Act or in Section 11-74.6-35 of 6 the Industrial Jobs Recovery Law. For the purpose of the 7 equalized assessed valuation of the district, the total 8 initial equalized assessed valuation or the current 9 equalized assessed valuation, whichever is lower, shall 10 be used until such time as all redevelopment project 11 costs have been paid. 12 (b) The real property equalized assessed valuation 13 for a school district shall be adjusted by subtracting 14 from the real property value as equalized or assessed by 15 the Department of Revenue for the district an amount 16 computed by dividing the amount of any abatement of taxes 17 under Section 18-170 of the Property Tax Code by 3.00% 18 for a district maintaining grades kindergarten through 19 12, by 2.30% for a district maintaining grades 20 kindergarten through 8, or by 1.05% for a district 21 maintaining grades 9 through 12 and adjusted by an amount 22 computed by dividing the amount of any abatement of taxes 23 under subsection (a) of Section 18-165 of the Property 24 Tax Code by the same percentage rates for district type 25 as specified in this subparagraph (b). 26 (3) For the 1999-2000 school year and each school year 27 thereafter, if a school district meets all of the criteria of 28 this subsection (G)(3), the school district's Available Local 29 Resources shall be calculated under subsection (D) using the 30 district's Extension Limitation Equalized Assessed Valuation 31 as calculated under this subsection (G)(3). 32 For purposes of this subsection (G)(3) the following 33 terms shall have the following meanings: 34 "Budget Year": The school year for which general 35 State aid is calculated and awarded under subsection (E). -13- LRB9216031NTpkccr1 1 "Base Tax Year": The property tax levy year used to 2 calculate the Budget Year allocation of general State 3 aid. 4 "Preceding Tax Year": The property tax levy year 5 immediately preceding the Base Tax Year. 6 "Base Tax Year's Tax Extension": The product of the 7 equalized assessed valuation utilized by the County Clerk 8 in the Base Tax Year multiplied by the limiting rate as 9 calculated by the County Clerk and defined in the 10 Property Tax Extension Limitation Law. 11 "Preceding Tax Year's Tax Extension": The product of 12 the equalized assessed valuation utilized by the County 13 Clerk in the Preceding Tax Year multiplied by the 14 Operating Tax Rate as defined in subsection (A). 15 "Extension Limitation Ratio": A numerical ratio, 16 certified by the County Clerk, in which the numerator is 17 the Base Tax Year's Tax Extension and the denominator is 18 the Preceding Tax Year's Tax Extension. 19 "Operating Tax Rate": The operating tax rate as 20 defined in subsection (A). 21 If a school district is subject to property tax extension 22 limitations as imposed under the Property Tax Extension 23 Limitation Law, the State Board of Education shall calculate 24 the Extension Limitation Equalized Assessed Valuation of that 25 district. For the 1999-2000 school year, the Extension 26 Limitation Equalized Assessed Valuation of a school district 27 as calculated by the State Board of Education shall be equal 28 to the product of the district's 1996 Equalized Assessed 29 Valuation and the district's Extension Limitation Ratio. For 30 the 2000-2001 school year and each school year thereafter, 31 the Extension Limitation Equalized Assessed Valuation of a 32 school district as calculated by the State Board of Education 33 shall be equal to the product of the Equalized Assessed 34 Valuation last used in the calculation of general State aid 35 and the district's Extension Limitation Ratio. If the -14- LRB9216031NTpkccr1 1 Extension Limitation Equalized Assessed Valuation of a school 2 district as calculated under this subsection (G)(3) is less 3 than the district's equalized assessed valuation as 4 calculated pursuant to subsections (G)(1) and (G)(2), then 5 for purposes of calculating the district's general State aid 6 for the Budget Year pursuant to subsection (E), that 7 Extension Limitation Equalized Assessed Valuation shall be 8 utilized to calculate the district's Available Local 9 Resources under subsection (D). 10 (4) For the purposes of calculating general State aid 11 for the 1999-2000 school year only, if a school district 12 experienced a triennial reassessment on the equalized 13 assessed valuation used in calculating its general State 14 financial aid apportionment for the 1998-1999 school year, 15 the State Board of Education shall calculate the Extension 16 Limitation Equalized Assessed Valuation that would have been 17 used to calculate the district's 1998-1999 general State aid. 18 This amount shall equal the product of the equalized assessed 19 valuation used to calculate general State aid for the 20 1997-1998 school year and the district's Extension Limitation 21 Ratio. If the Extension Limitation Equalized Assessed 22 Valuation of the school district as calculated under this 23 paragraph (4) is less than the district's equalized assessed 24 valuation utilized in calculating the district's 1998-1999 25 general State aid allocation, then for purposes of 26 calculating the district's general State aid pursuant to 27 paragraph (5) of subsection (E), that Extension Limitation 28 Equalized Assessed Valuation shall be utilized to calculate 29 the district's Available Local Resources. 30 (5) For school districts having a majority of their 31 equalized assessed valuation in any county except Cook, 32 DuPage, Kane, Lake, McHenry, or Will, if the amount of 33 general State aid allocated to the school district for the 34 1999-2000 school year under the provisions of subsection (E), 35 (H), and (J) of this Section is less than the amount of -15- LRB9216031NTpkccr1 1 general State aid allocated to the district for the 1998-1999 2 school year under these subsections, then the general State 3 aid of the district for the 1999-2000 school year only shall 4 be increased by the difference between these amounts. The 5 total payments made under this paragraph (5) shall not exceed 6 $14,000,000. Claims shall be prorated if they exceed 7 $14,000,000. 8 (H) Supplemental General State Aid. 9 (1) In addition to the general State aid a school 10 district is allotted pursuant to subsection (E), qualifying 11 school districts shall receive a grant, paid in conjunction 12 with a district's payments of general State aid, for 13 supplemental general State aid based upon the concentration 14 level of children from low-income households within the 15 school district. Supplemental State aid grants provided for 16 school districts under this subsection shall be appropriated 17 for distribution to school districts as part of the same line 18 item in which the general State financial aid of school 19 districts is appropriated under this Section. For purposes of 20 this subsection, the term "Low-Income Concentration Level" 21 shall be the low-income eligible pupil count from the most 22 recently available federal census divided by the Average 23 Daily Attendance of the school district. If, however, (i) the 24 percentage decrease from the 2 most recent federal censuses 25 in the low-income eligible pupil count of a high school 26 district with fewer than 400 students exceeds by 75% or more 27 the percentage change in the total low-income eligible pupil 28 count of contiguous elementary school districts, whose 29 boundaries are coterminous with the high school district, or 30 (ii) a high school district within 2 counties and serving 5 31 elementary school districts, whose boundaries are coterminous 32 with the high school district, has a percentage decrease from 33 the 2 most recent federal censuses in the low-income eligible 34 pupil count and there is a percentage increase in the total -16- LRB9216031NTpkccr1 1 low-income eligible pupil count of a majority of the 2 elementary school districts in excess of 50% from the 2 most 3 recent federal censuses, then the high school district's 4 low-income eligible pupil count from the earlier federal 5 census shall be the number used as the low-income eligible 6 pupil count for the high school district, for purposes of 7 this subsection (H). The changes made to this paragraph (1) 8 by Public Act 92-28this amendatory Act of the 92nd General9Assemblyshall apply to supplemental general State aid grants 10 paid in fiscal year 1999 and in each fiscal year thereafter 11 and to any State aid payments made in fiscal year 1994 12 through fiscal year 1998 pursuant to subsection 1(n) of 13 Section 18-8 of this Code (which was repealed on July 1, 14 1998), and any high school district that is affected by 15 Public Act 92-28this amendatory Act of the 92nd General16Assemblyis entitled to a recomputation of its supplemental 17 general State aid grant or State aid paid in any of those 18 fiscal years. This recomputation shall not be affected by 19 any other funding. 20 (2) Supplemental general State aid pursuant to this 21 subsection (H) shall be provided as follows for the 22 1998-1999, 1999-2000, and 2000-2001 school years only: 23 (a) For any school district with a Low Income 24 Concentration Level of at least 20% and less than 35%, 25 the grant for any school year shall be $800 multiplied by 26 the low income eligible pupil count. 27 (b) For any school district with a Low Income 28 Concentration Level of at least 35% and less than 50%, 29 the grant for the 1998-1999 school year shall be $1,100 30 multiplied by the low income eligible pupil count. 31 (c) For any school district with a Low Income 32 Concentration Level of at least 50% and less than 60%, 33 the grant for the 1998-99 school year shall be $1,500 34 multiplied by the low income eligible pupil count. 35 (d) For any school district with a Low Income -17- LRB9216031NTpkccr1 1 Concentration Level of 60% or more, the grant for the 2 1998-99 school year shall be $1,900 multiplied by the low 3 income eligible pupil count. 4 (e) For the 1999-2000 school year, the per pupil 5 amount specified in subparagraphs (b), (c), and (d) 6 immediately above shall be increased to $1,243, $1,600, 7 and $2,000, respectively. 8 (f) For the 2000-2001 school year, the per pupil 9 amounts specified in subparagraphs (b), (c), and (d) 10 immediately above shall be $1,273, $1,640, and $2,050, 11 respectively. 12 (2.5) Supplemental general State aid pursuant to this 13 subsection (H) shall be provided as follows for the 2002-2003 142001-2002school year and each school year thereafter: 15 (a) For any school district with a Low Income 16 Concentration Level of less than 10%, the grant for each 17 school year shall be $355 multiplied by the low income 18 eligible pupil count. 19 (b) For any school district with a Low Income 20 Concentration Level of at least 10% and less than 20%, 21 the grant for each school year shall be $675 multiplied 22 by the low income eligible pupil count. 23 (c) For any school district with a Low Income 24 Concentration Level of at least 20% and less than 35%, 25 the grant for each school year shall be $1,330$1,19026 multiplied by the low income eligible pupil count. 27 (d) For any school district with a Low Income 28 Concentration Level of at least 35% and less than 50%, 29 the grant for each school year shall be $1,362$1,33330 multiplied by the low income eligible pupil count. 31 (e) For any school district with a Low Income 32 Concentration Level of at least 50% and less than 60%, 33 the grant for each school year shall be $1,680 multiplied 34 by the low income eligible pupil count. 35 (f) For any school district with a Low Income -18- LRB9216031NTpkccr1 1 Concentration Level of 60% or more, the grant for each 2 school year shall be $2,080 multiplied by the low income 3 eligible pupil count. 4 (3) School districts with an Average Daily Attendance of 5 more than 1,000 and less than 50,000 that qualify for 6 supplemental general State aid pursuant to this subsection 7 shall submit a plan to the State Board of Education prior to 8 October 30 of each year for the use of the funds resulting 9 from this grant of supplemental general State aid for the 10 improvement of instruction in which priority is given to 11 meeting the education needs of disadvantaged children. Such 12 plan shall be submitted in accordance with rules and 13 regulations promulgated by the State Board of Education. 14 (4) School districts with an Average Daily Attendance of 15 50,000 or more that qualify for supplemental general State 16 aid pursuant to this subsection shall be required to 17 distribute from funds available pursuant to this Section, no 18 less than $261,000,000 in accordance with the following 19 requirements: 20 (a) The required amounts shall be distributed to 21 the attendance centers within the district in proportion 22 to the number of pupils enrolled at each attendance 23 center who are eligible to receive free or reduced-price 24 lunches or breakfasts under the federal Child Nutrition 25 Act of 1966 and under the National School Lunch Act 26 during the immediately preceding school year. 27 (b) The distribution of these portions of 28 supplemental and general State aid among attendance 29 centers according to these requirements shall not be 30 compensated for or contravened by adjustments of the 31 total of other funds appropriated to any attendance 32 centers, and the Board of Education shall utilize funding 33 from one or several sources in order to fully implement 34 this provision annually prior to the opening of school. 35 (c) Each attendance center shall be provided by the -19- LRB9216031NTpkccr1 1 school district a distribution of noncategorical funds 2 and other categorical funds to which an attendance center 3 is entitled under law in order that the general State aid 4 and supplemental general State aid provided by 5 application of this subsection supplements rather than 6 supplants the noncategorical funds and other categorical 7 funds provided by the school district to the attendance 8 centers. 9 (d) Any funds made available under this subsection 10 that by reason of the provisions of this subsection are 11 not required to be allocated and provided to attendance 12 centers may be used and appropriated by the board of the 13 district for any lawful school purpose. 14 (e) Funds received by an attendance center pursuant 15 to this subsection shall be used by the attendance center 16 at the discretion of the principal and local school 17 council for programs to improve educational opportunities 18 at qualifying schools through the following programs and 19 services: early childhood education, reduced class size 20 or improved adult to student classroom ratio, enrichment 21 programs, remedial assistance, attendance improvement, 22 and other educationally beneficial expenditures which 23 supplement the regular and basic programs as determined 24 by the State Board of Education. Funds provided shall not 25 be expended for any political or lobbying purposes as 26 defined by board rule. 27 (f) Each district subject to the provisions of this 28 subdivision (H)(4) shall submit an acceptable plan to 29 meet the educational needs of disadvantaged children, in 30 compliance with the requirements of this paragraph, to 31 the State Board of Education prior to July 15 of each 32 year. This plan shall be consistent with the decisions of 33 local school councils concerning the school expenditure 34 plans developed in accordance with part 4 of Section 35 34-2.3. The State Board shall approve or reject the plan -20- LRB9216031NTpkccr1 1 within 60 days after its submission. If the plan is 2 rejected, the district shall give written notice of 3 intent to modify the plan within 15 days of the 4 notification of rejection and then submit a modified plan 5 within 30 days after the date of the written notice of 6 intent to modify. Districts may amend approved plans 7 pursuant to rules promulgated by the State Board of 8 Education. 9 Upon notification by the State Board of Education 10 that the district has not submitted a plan prior to July 11 15 or a modified plan within the time period specified 12 herein, the State aid funds affected by that plan or 13 modified plan shall be withheld by the State Board of 14 Education until a plan or modified plan is submitted. 15 If the district fails to distribute State aid to 16 attendance centers in accordance with an approved plan, 17 the plan for the following year shall allocate funds, in 18 addition to the funds otherwise required by this 19 subsection, to those attendance centers which were 20 underfunded during the previous year in amounts equal to 21 such underfunding. 22 For purposes of determining compliance with this 23 subsection in relation to the requirements of attendance 24 center funding, each district subject to the provisions 25 of this subsection shall submit as a separate document by 26 December 1 of each year a report of expenditure data for 27 the prior year in addition to any modification of its 28 current plan. If it is determined that there has been a 29 failure to comply with the expenditure provisions of this 30 subsection regarding contravention or supplanting, the 31 State Superintendent of Education shall, within 60 days 32 of receipt of the report, notify the district and any 33 affected local school council. The district shall within 34 45 days of receipt of that notification inform the State 35 Superintendent of Education of the remedial or corrective -21- LRB9216031NTpkccr1 1 action to be taken, whether by amendment of the current 2 plan, if feasible, or by adjustment in the plan for the 3 following year. Failure to provide the expenditure 4 report or the notification of remedial or corrective 5 action in a timely manner shall result in a withholding 6 of the affected funds. 7 The State Board of Education shall promulgate rules 8 and regulations to implement the provisions of this 9 subsection. No funds shall be released under this 10 subdivision (H)(4) to any district that has not submitted 11 a plan that has been approved by the State Board of 12 Education. 13 (I) General State Aid for Newly Configured School Districts. 14 (1) For a new school district formed by combining 15 property included totally within 2 or more previously 16 existing school districts, for its first year of existence 17 the general State aid and supplemental general State aid 18 calculated under this Section shall be computed for the new 19 district and for the previously existing districts for which 20 property is totally included within the new district. If the 21 computation on the basis of the previously existing districts 22 is greater, a supplementary payment equal to the difference 23 shall be made for the first 4 years of existence of the new 24 district. 25 (2) For a school district which annexes all of the 26 territory of one or more entire other school districts, for 27 the first year during which the change of boundaries 28 attributable to such annexation becomes effective for all 29 purposes as determined under Section 7-9 or 7A-8, the general 30 State aid and supplemental general State aid calculated under 31 this Section shall be computed for the annexing district as 32 constituted after the annexation and for the annexing and 33 each annexed district as constituted prior to the annexation; 34 and if the computation on the basis of the annexing and -22- LRB9216031NTpkccr1 1 annexed districts as constituted prior to the annexation is 2 greater, a supplementary payment equal to the difference 3 shall be made for the first 4 years of existence of the 4 annexing school district as constituted upon such annexation. 5 (3) For 2 or more school districts which annex all of 6 the territory of one or more entire other school districts, 7 and for 2 or more community unit districts which result upon 8 the division (pursuant to petition under Section 11A-2) of 9 one or more other unit school districts into 2 or more parts 10 and which together include all of the parts into which such 11 other unit school district or districts are so divided, for 12 the first year during which the change of boundaries 13 attributable to such annexation or division becomes effective 14 for all purposes as determined under Section 7-9 or 11A-10, 15 as the case may be, the general State aid and supplemental 16 general State aid calculated under this Section shall be 17 computed for each annexing or resulting district as 18 constituted after the annexation or division and for each 19 annexing and annexed district, or for each resulting and 20 divided district, as constituted prior to the annexation or 21 division; and if the aggregate of the general State aid and 22 supplemental general State aid as so computed for the 23 annexing or resulting districts as constituted after the 24 annexation or division is less than the aggregate of the 25 general State aid and supplemental general State aid as so 26 computed for the annexing and annexed districts, or for the 27 resulting and divided districts, as constituted prior to the 28 annexation or division, then a supplementary payment equal to 29 the difference shall be made and allocated between or among 30 the annexing or resulting districts, as constituted upon such 31 annexation or division, for the first 4 years of their 32 existence. The total difference payment shall be allocated 33 between or among the annexing or resulting districts in the 34 same ratio as the pupil enrollment from that portion of the 35 annexed or divided district or districts which is annexed to -23- LRB9216031NTpkccr1 1 or included in each such annexing or resulting district bears 2 to the total pupil enrollment from the entire annexed or 3 divided district or districts, as such pupil enrollment is 4 determined for the school year last ending prior to the date 5 when the change of boundaries attributable to the annexation 6 or division becomes effective for all purposes. The amount 7 of the total difference payment and the amount thereof to be 8 allocated to the annexing or resulting districts shall be 9 computed by the State Board of Education on the basis of 10 pupil enrollment and other data which shall be certified to 11 the State Board of Education, on forms which it shall provide 12 for that purpose, by the regional superintendent of schools 13 for each educational service region in which the annexing and 14 annexed districts, or resulting and divided districts are 15 located. 16 (3.5) Claims for financial assistance under this 17 subsection (I) shall not be recomputed except as expressly 18 provided under this Section. 19 (4) Any supplementary payment made under this subsection 20 (I) shall be treated as separate from all other payments made 21 pursuant to this Section. 22 (J) Supplementary Grants in Aid. 23 (1) Notwithstanding any other provisions of this 24 Section, the amount of the aggregate general State aid in 25 combination with supplemental general State aid under this 26 Section for which each school district is eligible shall be 27 no less than the amount of the aggregate general State aid 28 entitlement that was received by the district under Section 29 18-8 (exclusive of amounts received under subsections 5(p) 30 and 5(p-5) of that Section) for the 1997-98 school year, 31 pursuant to the provisions of that Section as it was then in 32 effect. If a school district qualifies to receive a 33 supplementary payment made under this subsection (J), the 34 amount of the aggregate general State aid in combination with -24- LRB9216031NTpkccr1 1 supplemental general State aid under this Section which that 2 district is eligible to receive for each school year shall be 3 no less than the amount of the aggregate general State aid 4 entitlement that was received by the district under Section 5 18-8 (exclusive of amounts received under subsections 5(p) 6 and 5(p-5) of that Section) for the 1997-1998 school year, 7 pursuant to the provisions of that Section as it was then in 8 effect. 9 (2) If, as provided in paragraph (1) of this subsection 10 (J), a school district is to receive aggregate general State 11 aid in combination with supplemental general State aid under 12 this Section for the 1998-99 school year and any subsequent 13 school year that in any such school year is less than the 14 amount of the aggregate general State aid entitlement that 15 the district received for the 1997-98 school year, the school 16 district shall also receive, from a separate appropriation 17 made for purposes of this subsection (J), a supplementary 18 payment that is equal to the amount of the difference in the 19 aggregate State aid figures as described in paragraph (1). 20 (3) (Blank). 21 (K) Grants to Laboratory and Alternative Schools. 22 In calculating the amount to be paid to the governing 23 board of a public university that operates a laboratory 24 school under this Section or to any alternative school that 25 is operated by a regional superintendent of schools, the 26 State Board of Education shall require by rule such reporting 27 requirements as it deems necessary. 28 As used in this Section, "laboratory school" means a 29 public school which is created and operated by a public 30 university and approved by the State Board of Education. The 31 governing board of a public university which receives funds 32 from the State Board under this subsection (K) may not 33 increase the number of students enrolled in its laboratory 34 school from a single district, if that district is already -25- LRB9216031NTpkccr1 1 sending 50 or more students, except under a mutual agreement 2 between the school board of a student's district of residence 3 and the university which operates the laboratory school. A 4 laboratory school may not have more than 1,000 students, 5 excluding students with disabilities in a special education 6 program. 7 As used in this Section, "alternative school" means a 8 public school which is created and operated by a Regional 9 Superintendent of Schools and approved by the State Board of 10 Education. Such alternative schools may offer courses of 11 instruction for which credit is given in regular school 12 programs, courses to prepare students for the high school 13 equivalency testing program or vocational and occupational 14 training. A regional superintendent of schools may contract 15 with a school district or a public community college district 16 to operate an alternative school. An alternative school 17 serving more than one educational service region may be 18 established by the regional superintendents of schools of the 19 affected educational service regions. An alternative school 20 serving more than one educational service region may be 21 operated under such terms as the regional superintendents of 22 schools of those educational service regions may agree. 23 Each laboratory and alternative school shall file, on 24 forms provided by the State Superintendent of Education, an 25 annual State aid claim which states the Average Daily 26 Attendance of the school's students by month. The best 3 27 months' Average Daily Attendance shall be computed for each 28 school. The general State aid entitlement shall be computed 29 by multiplying the applicable Average Daily Attendance by the 30 Foundation Level as determined under this Section. 31 (L) Payments, Additional Grants in Aid and Other 32 Requirements. 33 (1) For a school district operating under the financial 34 supervision of an Authority created under Article 34A, the -26- LRB9216031NTpkccr1 1 general State aid otherwise payable to that district under 2 this Section, but not the supplemental general State aid, 3 shall be reduced by an amount equal to the budget for the 4 operations of the Authority as certified by the Authority to 5 the State Board of Education, and an amount equal to such 6 reduction shall be paid to the Authority created for such 7 district for its operating expenses in the manner provided in 8 Section 18-11. The remainder of general State school aid for 9 any such district shall be paid in accordance with Article 10 34A when that Article provides for a disposition other than 11 that provided by this Article. 12 (2) (Blank). 13 (3) Summer school. Summer school payments shall be made 14 as provided in Section 18-4.3. 15 (M) Education Funding Advisory Board. 16 The Education Funding Advisory Board, hereinafter in this 17 subsection (M) referred to as the "Board", is hereby created. 18 The Board shall consist of 5 members who are appointed by the 19 Governor, by and with the advice and consent of the Senate. 20 The members appointed shall include representatives of 21 education, business, and the general public. One of the 22 members so appointed shall be designated by the Governor at 23 the time the appointment is made as the chairperson of the 24 Board. The initial members of the Board may be appointed any 25 time after the effective date of this amendatory Act of 1997. 26 The regular term of each member of the Board shall be for 4 27 years from the third Monday of January of the year in which 28 the term of the member's appointment is to commence, except 29 that of the 5 initial members appointed to serve on the 30 Board, the member who is appointed as the chairperson shall 31 serve for a term that commences on the date of his or her 32 appointment and expires on the third Monday of January, 2002, 33 and the remaining 4 members, by lots drawn at the first 34 meeting of the Board that is held after all 5 members are -27- LRB9216031NTpkccr1 1 appointed, shall determine 2 of their number to serve for 2 terms that commence on the date of their respective 3 appointments and expire on the third Monday of January, 2001, 4 and 2 of their number to serve for terms that commence on the 5 date of their respective appointments and expire on the third 6 Monday of January, 2000. All members appointed to serve on 7 the Board shall serve until their respective successors are 8 appointed and confirmed. Vacancies shall be filled in the 9 same manner as original appointments. If a vacancy in 10 membership occurs at a time when the Senate is not in 11 session, the Governor shall make a temporary appointment 12 until the next meeting of the Senate, when he or she shall 13 appoint, by and with the advice and consent of the Senate, a 14 person to fill that membership for the unexpired term. If 15 the Senate is not in session when the initial appointments 16 are made, those appointments shall be made as in the case of 17 vacancies. 18 The Education Funding Advisory Board shall be deemed 19 established, and the initial members appointed by the 20 Governor to serve as members of the Board shall take office, 21 on the date that the Governor makes his or her appointment of 22 the fifth initial member of the Board, whether those initial 23 members are then serving pursuant to appointment and 24 confirmation or pursuant to temporary appointments that are 25 made by the Governor as in the case of vacancies. 26 The State Board of Education shall provide such staff 27 assistance to the Education Funding Advisory Board as is 28 reasonably required for the proper performance by the Board 29 of its responsibilities. 30 For school years after the 2000-2001 school year, the 31 Education Funding Advisory Board, in consultation with the 32 State Board of Education, shall make recommendations as 33 provided in this subsection (M) to the General Assembly for 34 the foundation level under subdivision (B)(3) of this Section 35 and for the supplemental general State aid grant level under -28- LRB9216031NTpkccr1 1 subsection (H) of this Section for districts with high 2 concentrations of children from poverty. The recommended 3 foundation level shall be determined based on a methodology 4 which incorporates the basic education expenditures of 5 low-spending schools exhibiting high academic performance. 6 The Education Funding Advisory Board shall make such 7 recommendations to the General Assembly on January 1 of odd 8 numbered years, beginning January 1, 2001. 9 (N) (Blank). 10 (O) References. 11 (1) References in other laws to the various subdivisions 12 of Section 18-8 as that Section existed before its repeal and 13 replacement by this Section 18-8.05 shall be deemed to refer 14 to the corresponding provisions of this Section 18-8.05, to 15 the extent that those references remain applicable. 16 (2) References in other laws to State Chapter 1 funds 17 shall be deemed to refer to the supplemental general State 18 aid provided under subsection (H) of this Section. 19 (Source: P.A. 91-24, eff. 7-1-99; 91-93, eff. 7-9-99; 91-96, 20 eff. 7-9-99; 91-111, eff. 7-14-99; 91-357, eff. 7-29-99; 21 91-533, eff. 8-13-99; 92-7, eff. 6-29-01; 92-16, eff. 22 6-28-01; 92-28, eff. 7-1-01; 92-29, eff. 7-1-01; 92-269, eff. 23 8-7-01; revised 8-7-01.)". 24 Submitted on June 1, 2002. 25 s/Sen. Dan Cronin s/Rep. William Delgado 26 s/Sen. Frank P. Watson s/Rep. Barbara Flynn Currie 27 s/Sen. Bradley Burzynski s/Rep. Calvin L. Giles 28 s/Sen. Lisa Madigan s/Rep. Art Tenhouse 29 s/Sen. Vince Demuzio Rep. Mary Lou Cowlishaw 30 Committee for the Senate Committee for the House