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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2864
Introduced 2/24/2009, by Rep. Tom Cross SYNOPSIS AS INTRODUCED:
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Amends the School Code. Makes a technical change in a Section concerning the
State aid formula.
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A BILL FOR
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HB2864 |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section |
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| 18-8.05 as follows:
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| (105 ILCS 5/18-8.05)
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| Sec. 18-8.05. Basis for apportionment of general State |
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| financial aid
and
supplemental general State aid to the the |
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| common schools for the 1998-1999 and
subsequent school years.
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| (A) General Provisions.
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| (1) The provisions of this Section apply to the 1998-1999 |
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| and subsequent
school years. The system of general State |
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| financial aid provided for in this
Section
is designed to |
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| assure that, through a combination of State financial aid and
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| required local resources, the financial support provided each |
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| pupil in Average
Daily Attendance equals or exceeds a
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| prescribed per pupil Foundation Level. This formula approach |
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| imputes a level
of per pupil Available Local Resources and |
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| provides for the basis to calculate
a per pupil level of |
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| general State financial aid that, when added to Available
Local |
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| Resources, equals or exceeds the Foundation Level. The
amount |
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| of per pupil general State financial aid for school districts, |
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| in
general, varies in inverse
relation to Available Local |
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| Resources. Per pupil amounts are based upon
each school |
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| district's Average Daily Attendance as that term is defined in |
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| this
Section.
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| (2) In addition to general State financial aid, school |
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| districts with
specified levels or concentrations of pupils |
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| from low income households are
eligible to receive supplemental |
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| general State financial aid grants as provided
pursuant to |
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| subsection (H).
The supplemental State aid grants provided for |
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| school districts under
subsection (H) shall be appropriated for |
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| distribution to school districts as
part of the same line item |
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| in which the general State financial aid of school
districts is |
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| appropriated under this Section.
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| (3) To receive financial assistance under this Section, |
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| school districts
are required to file claims with the State |
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| Board of Education, subject to the
following requirements:
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| (a) Any school district which fails for any given |
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| school year to maintain
school as required by law, or to |
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| maintain a recognized school is not
eligible to file for |
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| such school year any claim upon the Common School
Fund. In |
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| case of nonrecognition of one or more attendance centers in |
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| a
school district otherwise operating recognized schools, |
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| the claim of the
district shall be reduced in the |
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| proportion which the Average Daily
Attendance in the |
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| attendance center or centers bear to the Average Daily
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| Attendance in the school district. A "recognized school" |
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| means any
public school which meets the standards as |
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| established for recognition
by the State Board of |
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| Education. A school district or attendance center
not |
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| having recognition status at the end of a school term is |
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| entitled to
receive State aid payments due upon a legal |
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| claim which was filed while
it was recognized.
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| (b) School district claims filed under this Section are |
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| subject to
Sections 18-9 and 18-12, except as otherwise |
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| provided in this
Section.
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| (c) If a school district operates a full year school |
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| under Section
10-19.1, the general State aid to the school |
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| district shall be determined
by the State Board of |
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| Education in accordance with this Section as near as
may be |
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| applicable.
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| (d) (Blank).
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| (4) Except as provided in subsections (H) and (L), the |
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| board of any district
receiving any of the grants provided for |
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| in this Section may apply those funds
to any fund so received |
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| for which that board is authorized to make expenditures
by law.
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| School districts are not required to exert a minimum |
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| Operating Tax Rate in
order to qualify for assistance under |
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| this Section.
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| (5) As used in this Section the following terms, when |
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| capitalized, shall
have the meaning ascribed herein:
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| (a) "Average Daily Attendance": A count of pupil |
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| attendance in school,
averaged as provided for in |
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| subsection (C) and utilized in deriving per pupil
financial |
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| support levels.
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| (b) "Available Local Resources": A computation of |
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| local financial
support, calculated on the basis of Average |
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| Daily Attendance and derived as
provided pursuant to |
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| subsection (D).
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| (c) "Corporate Personal Property Replacement Taxes": |
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| Funds paid to local
school districts pursuant to "An Act in |
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| relation to the abolition of ad valorem
personal property |
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| tax and the replacement of revenues lost thereby, and
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| amending and repealing certain Acts and parts of Acts in |
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| connection therewith",
certified August 14, 1979, as |
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| amended (Public Act 81-1st S.S.-1).
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| (d) "Foundation Level": A prescribed level of per pupil |
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| financial support
as provided for in subsection (B).
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| (e) "Operating Tax Rate": All school district property |
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| taxes extended for
all purposes, except Bond and
Interest, |
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| Summer School, Rent, Capital Improvement, and Vocational |
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| Education
Building purposes.
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| (B) Foundation Level.
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| (1) The Foundation Level is a figure established by the |
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| State representing
the minimum level of per pupil financial |
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| support that should be available to
provide for the basic |
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| education of each pupil in
Average Daily Attendance. As set |
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| forth in this Section, each school district
is assumed to exert
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| a sufficient local taxing effort such that, in combination with |
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| the aggregate
of general State
financial aid provided the |
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| district, an aggregate of State and local resources
are |
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| available to meet
the basic education needs of pupils in the |
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| district.
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| (2) For the 1998-1999 school year, the Foundation Level of |
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| support is
$4,225. For the 1999-2000 school year, the |
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| Foundation Level of support is
$4,325. For the 2000-2001 school |
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| year, the Foundation Level of support is
$4,425. For the |
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| 2001-2002 school year and 2002-2003 school year, the
Foundation |
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| Level of support is $4,560. For the 2003-2004 school year, the |
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| Foundation Level of support is $4,810. For the 2004-2005 school |
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| year, the Foundation Level of support is $4,964.
For the |
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| 2005-2006 school year,
the Foundation Level of support is |
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| $5,164. For the 2006-2007 school year, the Foundation Level of |
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| support is $5,334. For the 2007-2008 school year, the |
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| Foundation Level of support is $5,734.
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| (3) For the 2008-2009 school year and each school year |
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| thereafter,
the Foundation Level of support is $5,959 or such |
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| greater amount as
may be established by law by the General |
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| Assembly.
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| (C) Average Daily Attendance.
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| (1) For purposes of calculating general State aid pursuant |
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| to subsection
(E), an Average Daily Attendance figure shall be |
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| utilized. The Average Daily
Attendance figure for formula
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| calculation purposes shall be the monthly average of the actual |
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| number of
pupils in attendance of
each school district, as |
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| further averaged for the best 3 months of pupil
attendance for |
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| each
school district. In compiling the figures for the number |
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| of pupils in
attendance, school districts
and the State Board |
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| of Education shall, for purposes of general State aid
funding, |
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| conform
attendance figures to the requirements of subsection |
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| (F).
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| (2) The Average Daily Attendance figures utilized in |
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| subsection (E) shall be
the requisite attendance data for the |
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| school year immediately preceding
the
school year for which |
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| general State aid is being calculated
or the average of the |
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| attendance data for the 3 preceding school
years, whichever is |
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| greater. The Average Daily Attendance figures
utilized in |
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| subsection (H) shall be the requisite attendance data for the
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| school year immediately preceding the school year for which |
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| general
State aid is being calculated.
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| (D) Available Local Resources.
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| (1) For purposes of calculating general State aid pursuant |
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| to subsection
(E), a representation of Available Local |
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| Resources per pupil, as that term is
defined and determined in |
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| this subsection, shall be utilized. Available Local
Resources |
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| per pupil shall include a calculated
dollar amount representing |
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| local school district revenues from local property
taxes and |
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| from
Corporate Personal Property Replacement Taxes, expressed |
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| on the basis of pupils
in Average
Daily Attendance. Calculation |
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| of Available Local Resources shall exclude any tax amnesty |
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| funds received as a result of Public Act 93-26.
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| (2) In determining a school district's revenue from local |
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| property taxes,
the State Board of Education shall utilize the |
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| equalized assessed valuation of
all taxable property of each |
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| school
district as of September 30 of the previous year. The |
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| equalized assessed
valuation utilized shall
be obtained and |
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| determined as provided in subsection (G).
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| (3) For school districts maintaining grades kindergarten |
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| through 12, local
property tax
revenues per pupil shall be |
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| calculated as the product of the applicable
equalized assessed
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| valuation for the district multiplied by 3.00%, and divided by |
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| the district's
Average Daily
Attendance figure. For school |
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| districts maintaining grades kindergarten
through 8, local
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| property tax revenues per pupil shall be calculated as the |
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| product of the
applicable equalized
assessed valuation for the |
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| district multiplied by 2.30%, and divided by the
district's |
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| Average
Daily Attendance figure. For school districts |
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| maintaining grades 9 through 12,
local property
tax revenues |
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| per pupil shall be the applicable equalized assessed valuation |
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| of
the district
multiplied by 1.05%, and divided by the |
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| district's Average Daily
Attendance
figure.
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| For partial elementary unit districts created pursuant to |
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| Article 11E of this Code, local property tax revenues per pupil |
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| shall be calculated as the product of the equalized assessed |
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| valuation for property within the partial elementary unit |
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| district for elementary purposes, as defined in Article 11E of |
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| this Code, multiplied by 2.06% and divided by the district's |
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| Average Daily Attendance figure, plus the product of the |
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| equalized assessed valuation for property within the partial |
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| elementary unit district for high school purposes, as defined |
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| in Article 11E of this Code, multiplied by 0.94% and divided by |
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| the district's Average Daily Attendance figure.
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| (4) The Corporate Personal Property Replacement Taxes paid |
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| to each school
district during the calendar year 2 years before |
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| the calendar year in which a
school year begins, divided by the |
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| Average Daily Attendance figure for that
district, shall be |
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| added to the local property tax revenues per pupil as
derived |
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| by the application of the immediately preceding paragraph (3). |
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| The sum
of these per pupil figures for each school district |
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| shall constitute Available
Local Resources as that term is |
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| utilized in subsection (E) in the calculation
of general State |
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| aid.
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| (E) Computation of General State Aid.
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| (1) For each school year, the amount of general State aid |
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| allotted to a
school district shall be computed by the State |
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| Board of Education as provided
in this subsection.
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| (2) For any school district for which Available Local |
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| Resources per pupil
is less than the product of 0.93 times the |
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| Foundation Level, general State aid
for that district shall be |
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| calculated as an amount equal to the Foundation
Level minus |
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| Available Local Resources, multiplied by the Average Daily
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| Attendance of the school district.
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| (3) For any school district for which Available Local |
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| Resources per pupil
is equal to or greater than the product of |
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| 0.93 times the Foundation Level and
less than the product of |
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| 1.75 times the Foundation Level, the general State aid
per |
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| pupil shall be a decimal proportion of the Foundation Level |
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| derived using a
linear algorithm. Under this linear algorithm, |
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| the calculated general State
aid per pupil shall decline in |
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| direct linear fashion from 0.07 times the
Foundation Level for |
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| a school district with Available Local Resources equal to
the |
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| product of 0.93 times the Foundation Level, to 0.05 times the |
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| Foundation
Level for a school district with Available Local |
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| Resources equal to the product
of 1.75 times the Foundation |
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| Level. The allocation of general
State aid for school districts |
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| subject to this paragraph 3 shall be the
calculated general |
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| State aid
per pupil figure multiplied by the Average Daily |
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| Attendance of the school
district.
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| (4) For any school district for which Available Local |
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| Resources per pupil
equals or exceeds the product of 1.75 times |
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| the Foundation Level, the general
State aid for the school |
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| district shall be calculated as the product of $218
multiplied |
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| by the Average Daily Attendance of the school
district.
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| (5) The amount of general State aid allocated to a school |
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| district for
the 1999-2000 school year meeting the requirements |
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| set forth in paragraph (4)
of subsection
(G) shall be increased |
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| by an amount equal to the general State aid that
would have |
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| been received by the district for the 1998-1999 school year by
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| utilizing the Extension Limitation Equalized Assessed |
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| Valuation as calculated
in paragraph (4) of subsection (G) less |
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| the general State aid allotted for the
1998-1999
school year. |
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| This amount shall be deemed a one time increase, and shall not
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| affect any future general State aid allocations.
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| (F) Compilation of Average Daily Attendance.
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| (1) Each school district shall, by July 1 of each year, |
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| submit to the State
Board of Education, on forms prescribed by |
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| the State Board of Education,
attendance figures for the school |
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| year that began in the preceding calendar
year. The attendance |
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| information so transmitted shall identify the average
daily |
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| attendance figures for each month of the school year. Beginning |
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| with
the general State aid claim form for the 2002-2003 school
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| year, districts shall calculate Average Daily Attendance as |
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| provided in
subdivisions (a), (b), and (c) of this paragraph |
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| (1).
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| (a) In districts that do not hold year-round classes,
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| days of attendance in August shall be added to the month of |
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| September and any
days of attendance in June shall be added |
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| to the month of May.
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| (b) In districts in which all buildings hold year-round |
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| classes,
days of attendance in July and August shall be |
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| added to the month
of September and any days of attendance |
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| in June shall be added to
the month of May.
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| (c) In districts in which some buildings, but not all, |
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| hold
year-round classes, for the non-year-round buildings, |
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| days of
attendance in August shall be added to the month of |
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| September
and any days of attendance in June shall be added |
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| to the month of
May. The average daily attendance for the |
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| year-round buildings
shall be computed as provided in |
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| subdivision (b) of this paragraph
(1). To calculate the |
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| Average Daily Attendance for the district, the
average |
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| daily attendance for the year-round buildings shall be
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| multiplied by the days in session for the non-year-round |
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| buildings
for each month and added to the monthly |
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| attendance of the
non-year-round buildings.
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| Except as otherwise provided in this Section, days of
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| attendance by pupils shall be counted only for sessions of not |
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| less than
5 clock hours of school work per day under direct |
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| supervision of: (i)
teachers, or (ii) non-teaching personnel or |
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| volunteer personnel when engaging
in non-teaching duties and |
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| supervising in those instances specified in
subsection (a) of |
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| Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils |
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| of legal school age and in kindergarten and grades 1 through |
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| 12.
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| Days of attendance by tuition pupils shall be accredited |
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| only to the
districts that pay the tuition to a recognized |
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| school.
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| (2) Days of attendance by pupils of less than 5 clock hours |
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| of school
shall be subject to the following provisions in the |
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| compilation of Average
Daily Attendance.
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| (a) Pupils regularly enrolled in a public school for |
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| only a part of
the school day may be counted on the basis |
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| of 1/6 day for every class hour
of instruction of 40 |
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| minutes or more attended pursuant to such enrollment,
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| unless a pupil is
enrolled in a block-schedule format of 80 |
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| minutes or more of instruction,
in which case the pupil may |
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| be counted on the basis of the proportion of
minutes of |
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| school work completed each day to the minimum number of
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| minutes that school work is required to be held that day.
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| (b) Days of attendance may be less than 5 clock hours |
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| on the opening
and closing of the school term, and upon the |
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| first day of pupil
attendance, if preceded by a day or days |
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| utilized as an institute or
teachers' workshop.
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| (c) A session of 4 or more clock hours may be counted |
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| as a day of
attendance upon certification by the regional |
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| superintendent, and
approved by the State Superintendent |
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| of Education to the extent that the
district has been |
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| forced to use daily multiple sessions.
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| (d) A session of 3 or more clock hours may be counted |
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| as a day of
attendance (1) when the remainder of the school |
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| day or at least
2 hours in the evening of that day is |
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| utilized for an
in-service training program for teachers, |
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| up to a maximum of 5 days per
school year of which a |
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| maximum of 4 days of such 5 days may be used for
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| parent-teacher conferences, provided a district conducts |
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| an in-service
training program for teachers which has been |
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| approved by the State
Superintendent of Education; or, in |
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| lieu of 4 such days, 2 full days may
be used, in which |
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| event each such day
may be counted as a day of attendance; |
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| and (2) when days in
addition to
those provided in item (1) |
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| are scheduled by a school pursuant to its school
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| improvement plan adopted under Article 34 or its revised or |
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| amended school
improvement plan adopted under Article 2, |
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| provided that (i) such sessions of
3 or more clock hours |
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| are scheduled to occur at regular intervals, (ii) the
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| remainder of the school days in which such sessions occur |
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| are utilized
for in-service training programs or other |
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| staff development activities for
teachers, and (iii) a |
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| sufficient number of minutes of school work under the
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| direct supervision of teachers are added to the school days |
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| between such
regularly scheduled sessions to accumulate |
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| not less than the number of minutes
by which such sessions |
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| of 3 or more clock hours fall short of 5 clock hours.
Any |
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| full days used for the purposes of this paragraph shall not |
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| be considered
for
computing average daily attendance. Days |
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| scheduled for in-service training
programs, staff |
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| development activities, or parent-teacher conferences may |
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| be
scheduled separately for different
grade levels and |
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| different attendance centers of the district.
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| (e) A session of not less than one clock hour of |
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| teaching
hospitalized or homebound pupils on-site or by |
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| telephone to the classroom may
be counted as 1/2 day of |
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| attendance, however these pupils must receive 4 or
more |
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| clock hours of instruction to be counted for a full day of |
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| attendance.
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| (f) A session of at least 4 clock hours may be counted |
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| as a day of
attendance for first grade pupils, and pupils |
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| in full day kindergartens,
and a session of 2 or more hours |
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| may be counted as 1/2 day of attendance by
pupils in |
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| kindergartens which provide only 1/2 day of attendance.
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| (g) For children with disabilities who are below the |
| 13 |
| age of 6 years and
who
cannot attend 2 or more clock hours |
| 14 |
| because of their disability or
immaturity, a session of not |
| 15 |
| less than one clock hour may be counted as 1/2 day
of |
| 16 |
| attendance; however for such children whose educational |
| 17 |
| needs so require
a session of 4 or more clock hours may be |
| 18 |
| counted as a full day of attendance.
|
| 19 |
| (h) A recognized kindergarten which provides for only |
| 20 |
| 1/2 day of
attendance by each pupil shall not have more |
| 21 |
| than 1/2 day of attendance
counted in any one day. However, |
| 22 |
| kindergartens may count 2 1/2 days
of
attendance in any 5 |
| 23 |
| consecutive school days. When a pupil attends such a
|
| 24 |
| kindergarten for 2 half days on any one school day, the |
| 25 |
| pupil shall have
the following day as a day absent from |
| 26 |
| school, unless the school district
obtains permission in |
|
|
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HB2864 |
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LRB096 06098 NHT 16180 b |
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|
| 1 |
| writing from the State Superintendent of Education.
|
| 2 |
| Attendance at kindergartens which provide for a full day of |
| 3 |
| attendance by
each pupil shall be counted the same as |
| 4 |
| attendance by first grade pupils.
Only the first year of |
| 5 |
| attendance in one kindergarten shall be counted,
except in |
| 6 |
| case of children who entered the kindergarten in their |
| 7 |
| fifth year
whose educational development requires a second |
| 8 |
| year of kindergarten as
determined under the rules and |
| 9 |
| regulations of the State Board of Education.
|
| 10 |
| (i) On the days when the Prairie State Achievement |
| 11 |
| Examination is
administered under subsection (c) of |
| 12 |
| Section 2-3.64 of this Code, the day
of attendance for a |
| 13 |
| pupil whose school
day must be shortened to accommodate |
| 14 |
| required testing procedures may
be less than 5 clock hours |
| 15 |
| and shall be counted towards the 176 days of actual pupil |
| 16 |
| attendance required under Section 10-19 of this Code, |
| 17 |
| provided that a sufficient number of minutes
of school work |
| 18 |
| in excess of 5 clock hours are first completed on other |
| 19 |
| school
days to compensate for the loss of school work on |
| 20 |
| the examination days.
|
| 21 |
| (G) Equalized Assessed Valuation Data.
|
| 22 |
| (1) For purposes of the calculation of Available Local |
| 23 |
| Resources required
pursuant to subsection (D), the
State Board |
| 24 |
| of Education shall secure from the Department of
Revenue the |
| 25 |
| value as equalized or assessed by the Department of Revenue of
|
|
|
|
HB2864 |
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|
|
| 1 |
| all taxable property of every school district, together with |
| 2 |
| (i) the applicable
tax rate used in extending taxes for the |
| 3 |
| funds of the district as of
September 30 of the previous year
|
| 4 |
| and (ii) the limiting rate for all school
districts subject to |
| 5 |
| property tax extension limitations as imposed under the
|
| 6 |
| Property Tax Extension Limitation Law.
|
| 7 |
| The Department of Revenue shall add to the equalized |
| 8 |
| assessed value of all
taxable
property of each school district |
| 9 |
| situated entirely or partially within a county
that is or was |
| 10 |
| subject to the
provisions of Section 15-176 or 15-177 of the |
| 11 |
| Property Tax Code (a)
an amount equal to the total amount by |
| 12 |
| which the
homestead exemption allowed under Section 15-176 or |
| 13 |
| 15-177 of the Property Tax Code for
real
property situated in |
| 14 |
| that school district exceeds the total amount that would
have |
| 15 |
| been
allowed in that school district if the maximum reduction |
| 16 |
| under Section 15-176
was
(i) $4,500 in Cook County or $3,500 in |
| 17 |
| all other counties in tax year 2003 or (ii) $5,000 in all |
| 18 |
| counties in tax year 2004 and thereafter and (b) an amount |
| 19 |
| equal to the aggregate amount for the taxable year of all |
| 20 |
| additional exemptions under Section 15-175 of the Property Tax |
| 21 |
| Code for owners with a household income of $30,000 or less. The |
| 22 |
| county clerk of any county that is or was subject to the |
| 23 |
| provisions of Section 15-176 or 15-177 of the Property Tax Code |
| 24 |
| shall
annually calculate and certify to the Department of |
| 25 |
| Revenue for each school
district all
homestead exemption |
| 26 |
| amounts under Section 15-176 or 15-177 of the Property Tax Code |
|
|
|
HB2864 |
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LRB096 06098 NHT 16180 b |
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|
|
| 1 |
| and all amounts of additional exemptions under Section 15-175 |
| 2 |
| of the Property Tax Code for owners with a household income of |
| 3 |
| $30,000 or less. It is the intent of this paragraph that if the |
| 4 |
| general homestead exemption for a parcel of property is |
| 5 |
| determined under Section 15-176 or 15-177 of the Property Tax |
| 6 |
| Code rather than Section 15-175, then the calculation of |
| 7 |
| Available Local Resources shall not be affected by the |
| 8 |
| difference, if any, between the amount of the general homestead |
| 9 |
| exemption allowed for that parcel of property under Section |
| 10 |
| 15-176 or 15-177 of the Property Tax Code and the amount that |
| 11 |
| would have been allowed had the general homestead exemption for |
| 12 |
| that parcel of property been determined under Section 15-175 of |
| 13 |
| the Property Tax Code. It is further the intent of this |
| 14 |
| paragraph that if additional exemptions are allowed under |
| 15 |
| Section 15-175 of the Property Tax Code for owners with a |
| 16 |
| household income of less than $30,000, then the calculation of |
| 17 |
| Available Local Resources shall not be affected by the |
| 18 |
| difference, if any, because of those additional exemptions.
|
| 19 |
| This equalized assessed valuation, as adjusted further by |
| 20 |
| the requirements of
this subsection, shall be utilized in the |
| 21 |
| calculation of Available Local
Resources.
|
| 22 |
| (2) The equalized assessed valuation in paragraph (1) shall |
| 23 |
| be adjusted, as
applicable, in the following manner:
|
| 24 |
| (a) For the purposes of calculating State aid under |
| 25 |
| this Section,
with respect to any part of a school district |
| 26 |
| within a redevelopment
project area in respect to which a |
|
|
|
HB2864 |
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|
|
|
| 1 |
| municipality has adopted tax
increment allocation |
| 2 |
| financing pursuant to the Tax Increment Allocation
|
| 3 |
| Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 |
| 4 |
| of the Illinois
Municipal Code or the Industrial Jobs |
| 5 |
| Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the |
| 6 |
| Illinois Municipal Code, no part of the current equalized
|
| 7 |
| assessed valuation of real property located in any such |
| 8 |
| project area which is
attributable to an increase above the |
| 9 |
| total initial equalized assessed
valuation of such |
| 10 |
| property shall be used as part of the equalized assessed
|
| 11 |
| valuation of the district, until such time as all
|
| 12 |
| redevelopment project costs have been paid, as provided in |
| 13 |
| Section 11-74.4-8
of the Tax Increment Allocation |
| 14 |
| Redevelopment Act or in Section 11-74.6-35 of
the |
| 15 |
| Industrial Jobs Recovery Law. For the purpose of
the |
| 16 |
| equalized assessed valuation of the
district, the total |
| 17 |
| initial equalized assessed valuation or the current
|
| 18 |
| equalized assessed valuation, whichever is lower, shall be |
| 19 |
| used until
such time as all redevelopment project costs |
| 20 |
| have been paid.
|
| 21 |
| (b) The real property equalized assessed valuation for |
| 22 |
| a school district
shall be adjusted by subtracting from the |
| 23 |
| real property
value as equalized or assessed by the |
| 24 |
| Department of Revenue for the
district an amount computed |
| 25 |
| by dividing the amount of any abatement of
taxes under |
| 26 |
| Section 18-170 of the Property Tax Code by 3.00% for a |
|
|
|
HB2864 |
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LRB096 06098 NHT 16180 b |
|
|
|
| 1 |
| district
maintaining grades kindergarten through 12, by |
| 2 |
| 2.30% for a district
maintaining grades kindergarten |
| 3 |
| through 8, or by 1.05% for a
district
maintaining grades 9 |
| 4 |
| through 12 and adjusted by an amount computed by dividing
|
| 5 |
| the amount of any abatement of taxes under subsection (a) |
| 6 |
| of Section 18-165 of
the Property Tax Code by the same |
| 7 |
| percentage rates for district type as
specified in this |
| 8 |
| subparagraph (b).
|
| 9 |
| (3) For the 1999-2000 school year and each school year |
| 10 |
| thereafter, if a
school district meets all of the criteria of |
| 11 |
| this subsection (G)(3), the school
district's Available Local |
| 12 |
| Resources shall be calculated under subsection (D)
using the |
| 13 |
| district's Extension Limitation Equalized Assessed Valuation |
| 14 |
| as
calculated under this
subsection (G)(3).
|
| 15 |
| For purposes of this subsection (G)(3) the following terms |
| 16 |
| shall have
the following meanings:
|
| 17 |
| "Budget Year": The school year for which general State |
| 18 |
| aid is calculated
and
awarded under subsection (E).
|
| 19 |
| "Base Tax Year": The property tax levy year used to |
| 20 |
| calculate the Budget
Year
allocation of general State aid.
|
| 21 |
| "Preceding Tax Year": The property tax levy year |
| 22 |
| immediately preceding the
Base Tax Year.
|
| 23 |
| "Base Tax Year's Tax Extension": The product of the |
| 24 |
| equalized assessed
valuation utilized by the County Clerk |
| 25 |
| in the Base Tax Year multiplied by the
limiting rate as |
| 26 |
| calculated by the County Clerk and defined in the Property |
|
|
|
HB2864 |
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LRB096 06098 NHT 16180 b |
|
|
|
| 1 |
| Tax
Extension Limitation Law.
|
| 2 |
| "Preceding Tax Year's Tax Extension": The product of |
| 3 |
| the equalized assessed
valuation utilized by the County |
| 4 |
| Clerk in the Preceding Tax Year multiplied by
the Operating |
| 5 |
| Tax Rate as defined in subsection (A).
|
| 6 |
| "Extension Limitation Ratio": A numerical ratio, |
| 7 |
| certified by the
County Clerk, in which the numerator is |
| 8 |
| the Base Tax Year's Tax
Extension and the denominator is |
| 9 |
| the Preceding Tax Year's Tax Extension.
|
| 10 |
| "Operating Tax Rate": The operating tax rate as defined |
| 11 |
| in subsection (A).
|
| 12 |
| If a school district is subject to property tax extension |
| 13 |
| limitations as
imposed under
the Property Tax Extension |
| 14 |
| Limitation Law, the State Board of Education shall
calculate |
| 15 |
| the Extension
Limitation
Equalized Assessed Valuation of that |
| 16 |
| district. For the 1999-2000 school
year, the
Extension |
| 17 |
| Limitation Equalized Assessed Valuation of a school district as
|
| 18 |
| calculated by the State Board of Education shall be equal to |
| 19 |
| the product of the
district's 1996 Equalized Assessed Valuation |
| 20 |
| and the district's Extension
Limitation Ratio. For the |
| 21 |
| 2000-2001 school year and each school year
thereafter,
the |
| 22 |
| Extension Limitation Equalized Assessed Valuation of a school |
| 23 |
| district as
calculated by the State Board of Education shall be |
| 24 |
| equal to the product of
the Equalized Assessed Valuation last |
| 25 |
| used in the calculation of general State
aid and the
district's |
| 26 |
| Extension Limitation Ratio. If the Extension Limitation
|
|
|
|
HB2864 |
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LRB096 06098 NHT 16180 b |
|
|
|
| 1 |
| Equalized
Assessed Valuation of a school district as calculated |
| 2 |
| under
this subsection (G)(3) is less than the district's |
| 3 |
| equalized assessed valuation
as calculated pursuant to |
| 4 |
| subsections (G)(1) and (G)(2), then for purposes of
calculating |
| 5 |
| the district's general State aid for the Budget Year pursuant |
| 6 |
| to
subsection (E), that Extension
Limitation Equalized |
| 7 |
| Assessed Valuation shall be utilized to calculate the
|
| 8 |
| district's Available Local Resources
under subsection (D).
|
| 9 |
| Partial elementary unit districts created in accordance |
| 10 |
| with Article 11E of this Code shall not be eligible for the |
| 11 |
| adjustment in this subsection (G)(3) until the fifth year |
| 12 |
| following the effective date of the reorganization.
|
| 13 |
| (4) For the purposes of calculating general State aid for |
| 14 |
| the 1999-2000
school year only, if a school district |
| 15 |
| experienced a triennial reassessment on
the equalized assessed |
| 16 |
| valuation used in calculating its general State
financial aid |
| 17 |
| apportionment for the 1998-1999 school year, the State Board of
|
| 18 |
| Education shall calculate the Extension Limitation Equalized |
| 19 |
| Assessed Valuation
that would have been used to calculate the |
| 20 |
| district's 1998-1999 general State
aid. This amount shall equal |
| 21 |
| the product of the equalized assessed valuation
used to
|
| 22 |
| calculate general State aid for the 1997-1998 school year and |
| 23 |
| the district's
Extension Limitation Ratio. If the Extension |
| 24 |
| Limitation Equalized Assessed
Valuation of the school district |
| 25 |
| as calculated under this paragraph (4) is
less than the |
| 26 |
| district's equalized assessed valuation utilized in |
|
|
|
HB2864 |
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LRB096 06098 NHT 16180 b |
|
|
|
| 1 |
| calculating
the
district's 1998-1999 general State aid |
| 2 |
| allocation, then for purposes of
calculating the district's |
| 3 |
| general State aid pursuant to paragraph (5) of
subsection (E),
|
| 4 |
| that Extension Limitation Equalized Assessed Valuation shall |
| 5 |
| be utilized to
calculate the district's Available Local |
| 6 |
| Resources.
|
| 7 |
| (5) For school districts having a majority of their |
| 8 |
| equalized assessed
valuation in any county except Cook, DuPage, |
| 9 |
| Kane, Lake, McHenry, or Will, if
the amount of general State |
| 10 |
| aid allocated to the school district for the
1999-2000 school |
| 11 |
| year under the provisions of subsection (E), (H), and (J) of
|
| 12 |
| this Section is less than the amount of general State aid |
| 13 |
| allocated to the
district for the 1998-1999 school year under |
| 14 |
| these subsections, then the
general
State aid of the district |
| 15 |
| for the 1999-2000 school year only shall be increased
by the |
| 16 |
| difference between these amounts. The total payments made under |
| 17 |
| this
paragraph (5) shall not exceed $14,000,000. Claims shall |
| 18 |
| be prorated if they
exceed $14,000,000.
|
| 19 |
| (H) Supplemental General State Aid.
|
| 20 |
| (1) In addition to the general State aid a school district |
| 21 |
| is allotted
pursuant to subsection (E), qualifying school |
| 22 |
| districts shall receive a grant,
paid in conjunction with a |
| 23 |
| district's payments of general State aid, for
supplemental |
| 24 |
| general State aid based upon the concentration level of |
| 25 |
| children
from low-income households within the school |
|
|
|
HB2864 |
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LRB096 06098 NHT 16180 b |
|
|
|
| 1 |
| district.
Supplemental State aid grants provided for school |
| 2 |
| districts under this
subsection shall be appropriated for |
| 3 |
| distribution to school districts as part
of the same line item |
| 4 |
| in which the general State financial aid of school
districts is |
| 5 |
| appropriated under this Section.
If the appropriation in any |
| 6 |
| fiscal year for general State aid and
supplemental general |
| 7 |
| State aid is insufficient to pay the amounts required
under the |
| 8 |
| general State aid and supplemental general State aid |
| 9 |
| calculations,
then the
State Board of Education shall ensure |
| 10 |
| that
each school district receives the full amount due for |
| 11 |
| general State aid
and the remainder of the appropriation shall |
| 12 |
| be used
for supplemental general State aid, which the State |
| 13 |
| Board of Education shall
calculate and pay to eligible |
| 14 |
| districts on a prorated basis.
|
| 15 |
| (1.5) This paragraph (1.5) applies only to those school |
| 16 |
| years
preceding the 2003-2004 school year.
For purposes of this
|
| 17 |
| subsection (H), the term "Low-Income Concentration Level" |
| 18 |
| shall be the
low-income
eligible pupil count from the most |
| 19 |
| recently available federal census divided by
the Average Daily |
| 20 |
| Attendance of the school district.
If, however, (i) the |
| 21 |
| percentage decrease from the 2 most recent federal
censuses
in |
| 22 |
| the low-income eligible pupil count of a high school district |
| 23 |
| with fewer
than 400 students exceeds by 75% or more the |
| 24 |
| percentage change in the total
low-income eligible pupil count |
| 25 |
| of contiguous elementary school districts,
whose boundaries |
| 26 |
| are coterminous with the high school district,
or (ii) a high |
|
|
|
HB2864 |
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LRB096 06098 NHT 16180 b |
|
|
|
| 1 |
| school district within 2 counties and serving 5 elementary
|
| 2 |
| school
districts, whose boundaries are coterminous with the |
| 3 |
| high school
district, has a percentage decrease from the 2 most |
| 4 |
| recent federal
censuses in the low-income eligible pupil count |
| 5 |
| and there is a percentage
increase in the total low-income |
| 6 |
| eligible pupil count of a majority of the
elementary school |
| 7 |
| districts in excess of 50% from the 2 most recent
federal |
| 8 |
| censuses, then
the
high school district's low-income eligible |
| 9 |
| pupil count from the earlier federal
census
shall be the number |
| 10 |
| used as the low-income eligible pupil count for the high
school |
| 11 |
| district, for purposes of this subsection (H).
The changes made |
| 12 |
| to this paragraph (1) by Public Act 92-28 shall apply to
|
| 13 |
| supplemental general State aid
grants for school years |
| 14 |
| preceding the 2003-2004 school year that are paid
in fiscal |
| 15 |
| year 1999 or thereafter
and to
any State aid payments made in |
| 16 |
| fiscal year 1994 through fiscal year
1998 pursuant to |
| 17 |
| subsection 1(n) of Section 18-8 of this Code (which was
|
| 18 |
| repealed on July 1, 1998), and any high school district that is |
| 19 |
| affected by
Public Act 92-28 is
entitled to a
recomputation of |
| 20 |
| its supplemental general State aid grant or State aid
paid in |
| 21 |
| any of those fiscal years. This recomputation shall not be
|
| 22 |
| affected by any other funding.
|
| 23 |
| (1.10) This paragraph (1.10) applies to the 2003-2004 |
| 24 |
| school year
and each school year thereafter. For purposes of |
| 25 |
| this subsection (H), the
term "Low-Income Concentration Level" |
| 26 |
| shall, for each fiscal year, be the
low-income eligible
pupil |
|
|
|
HB2864 |
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LRB096 06098 NHT 16180 b |
|
|
|
| 1 |
| count
as of July 1 of the immediately preceding fiscal year
(as |
| 2 |
| determined by the Department of Human Services based
on the |
| 3 |
| number of pupils
who are eligible for at least one of the |
| 4 |
| following
low income programs: Medicaid, KidCare, TANF, or Food |
| 5 |
| Stamps,
excluding pupils who are eligible for services provided |
| 6 |
| by the Department
of Children and Family Services,
averaged |
| 7 |
| over
the 2 immediately preceding fiscal years for fiscal year |
| 8 |
| 2004 and over the 3
immediately preceding fiscal years for each |
| 9 |
| fiscal year thereafter)
divided by the Average Daily Attendance |
| 10 |
| of the school district.
|
| 11 |
| (2) Supplemental general State aid pursuant to this |
| 12 |
| subsection (H) shall
be
provided as follows for the 1998-1999, |
| 13 |
| 1999-2000, and 2000-2001 school years
only:
|
| 14 |
| (a) For any school district with a Low Income |
| 15 |
| Concentration Level of at
least 20% and less than 35%, the |
| 16 |
| grant for any school year
shall be $800
multiplied by the |
| 17 |
| low income eligible pupil count.
|
| 18 |
| (b) For any school district with a Low Income |
| 19 |
| Concentration Level of at
least 35% and less than 50%, the |
| 20 |
| grant for the 1998-1999 school year shall be
$1,100 |
| 21 |
| multiplied by the low income eligible pupil count.
|
| 22 |
| (c) For any school district with a Low Income |
| 23 |
| Concentration Level of at
least 50% and less than 60%, the |
| 24 |
| grant for the 1998-99 school year shall be
$1,500 |
| 25 |
| multiplied by the low income eligible pupil count.
|
| 26 |
| (d) For any school district with a Low Income |
|
|
|
HB2864 |
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LRB096 06098 NHT 16180 b |
|
|
|
| 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 amount |
| 5 |
| specified in
subparagraphs (b), (c), and (d) immediately |
| 6 |
| above shall be increased to $1,243,
$1,600, and $2,000, |
| 7 |
| 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 |
| 14 |
| school year:
|
| 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%, the |
| 21 |
| grant for each school year shall
be $675
multiplied by the |
| 22 |
| 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%, the |
| 25 |
| grant for each school year shall
be $1,330
multiplied by |
| 26 |
| the low income eligible pupil
count.
|
|
|
|
HB2864 |
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LRB096 06098 NHT 16180 b |
|
|
|
| 1 |
| (d) For any school district with a Low Income |
| 2 |
| Concentration
Level of at least 35% and less than 50%, the |
| 3 |
| grant for each school year shall
be $1,362
multiplied by |
| 4 |
| the low income eligible pupil
count.
|
| 5 |
| (e) For any school district with a Low Income |
| 6 |
| Concentration
Level of at least 50% and less than 60%, the |
| 7 |
| grant for each school year shall
be $1,680
multiplied by |
| 8 |
| the low income eligible pupil
count.
|
| 9 |
| (f) For any school district with a Low Income |
| 10 |
| Concentration
Level of 60% or more, the grant for each |
| 11 |
| school year shall be $2,080
multiplied by the low income |
| 12 |
| eligible pupil count.
|
| 13 |
| (2.10) Except as otherwise provided, supplemental general |
| 14 |
| State aid
pursuant to this subsection
(H) shall be provided as |
| 15 |
| follows for the 2003-2004 school year and each
school year |
| 16 |
| thereafter:
|
| 17 |
| (a) For any school district with a Low Income |
| 18 |
| Concentration
Level of 15% or less, the grant for each |
| 19 |
| school year
shall be $355 multiplied by the low income |
| 20 |
| eligible pupil count.
|
| 21 |
| (b) For any school district with a Low Income |
| 22 |
| Concentration
Level greater than 15%, the grant for each |
| 23 |
| school year shall be
$294.25 added to the product of $2,700 |
| 24 |
| and the square of the Low
Income Concentration Level, all |
| 25 |
| multiplied by the low income
eligible pupil count.
|
| 26 |
| For the 2003-2004 school year and each school year |
|
|
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| 1 |
| thereafter through the 2008-2009 school year only, the grant |
| 2 |
| shall be no less than the
grant
for
the 2002-2003 school year. |
| 3 |
| For the 2009-2010 school year only, the grant shall
be no
less |
| 4 |
| than the grant for the 2002-2003 school year multiplied by |
| 5 |
| 0.66. For the 2010-2011
school year only, the grant shall be no |
| 6 |
| less than the grant for the 2002-2003
school year
multiplied by |
| 7 |
| 0.33. Notwithstanding the provisions of this paragraph to the |
| 8 |
| contrary, if for any school year supplemental general State aid |
| 9 |
| grants are prorated as provided in paragraph (1) of this |
| 10 |
| subsection (H), then the grants under this paragraph shall be |
| 11 |
| prorated.
|
| 12 |
| For the 2003-2004 school year only, the grant shall be no |
| 13 |
| greater
than the grant received during the 2002-2003 school |
| 14 |
| year added to the
product of 0.25 multiplied by the difference |
| 15 |
| between the grant amount
calculated under subsection (a) or (b) |
| 16 |
| of this paragraph (2.10), whichever
is applicable, and the |
| 17 |
| grant received during the 2002-2003 school year.
For the |
| 18 |
| 2004-2005 school year only, the grant shall be no greater than
|
| 19 |
| the grant received during the 2002-2003 school year added to |
| 20 |
| the
product of 0.50 multiplied by the difference between the |
| 21 |
| grant amount
calculated under subsection (a) or (b) of this |
| 22 |
| paragraph (2.10), whichever
is applicable, and the grant |
| 23 |
| received during the 2002-2003 school year.
For the 2005-2006 |
| 24 |
| school year only, the grant shall be no greater than
the grant |
| 25 |
| received during the 2002-2003 school year added to the
product |
| 26 |
| of 0.75 multiplied by the difference between the grant amount
|
|
|
|
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| calculated under subsection (a) or (b) of this paragraph |
| 2 |
| (2.10), whichever
is applicable, and the grant received during |
| 3 |
| the 2002-2003
school year.
|
| 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 from |
| 9 |
| 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 aid |
| 16 |
| pursuant to this subsection
shall be required to distribute |
| 17 |
| from funds available pursuant to this Section,
no less than |
| 18 |
| $261,000,000 in accordance with the following requirements:
|
| 19 |
| (a) The required amounts shall be distributed to the |
| 20 |
| attendance centers
within the district in proportion to the |
| 21 |
| number of pupils enrolled at each
attendance center who are |
| 22 |
| eligible to receive free or reduced-price lunches or
|
| 23 |
| breakfasts under the federal Child Nutrition Act of 1966 |
| 24 |
| and under the National
School Lunch Act during the |
| 25 |
| immediately preceding school year.
|
| 26 |
| (b) The distribution of these portions of supplemental |
|
|
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| 1 |
| and general State
aid among attendance centers according to |
| 2 |
| these requirements shall not be
compensated for or |
| 3 |
| contravened by adjustments of the total of other funds
|
| 4 |
| appropriated to any attendance centers, and the Board of |
| 5 |
| Education shall
utilize funding from one or several sources |
| 6 |
| in order to fully implement this
provision annually prior |
| 7 |
| to the opening of school.
|
| 8 |
| (c) Each attendance center shall be provided by the
|
| 9 |
| school district a distribution of noncategorical funds and |
| 10 |
| other
categorical funds to which an attendance center is |
| 11 |
| entitled under law in
order that the general State aid and |
| 12 |
| supplemental general State aid provided
by application of |
| 13 |
| this subsection supplements rather than supplants the
|
| 14 |
| noncategorical funds and other categorical funds provided |
| 15 |
| by the school
district to the attendance centers.
|
| 16 |
| (d) Any funds made available under this subsection that |
| 17 |
| by reason of the
provisions of this subsection are not
|
| 18 |
| required to be allocated and provided to attendance centers |
| 19 |
| may be used and
appropriated by the board of the district |
| 20 |
| for any lawful school purpose.
|
| 21 |
| (e) Funds received by an attendance center
pursuant to |
| 22 |
| this
subsection shall be used
by the attendance center at |
| 23 |
| the discretion
of the principal and local school council |
| 24 |
| for programs to improve educational
opportunities at |
| 25 |
| qualifying schools through the following programs and
|
| 26 |
| services: early childhood education, reduced class size or |
|
|
|
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| 1 |
| improved adult to
student classroom ratio, enrichment |
| 2 |
| programs, remedial assistance, attendance
improvement, and |
| 3 |
| other educationally beneficial expenditures which
|
| 4 |
| supplement
the regular and basic programs as determined by |
| 5 |
| the State Board of Education.
Funds provided shall not be |
| 6 |
| expended for any political or lobbying purposes
as defined |
| 7 |
| by board rule.
|
| 8 |
| (f) Each district subject to the provisions of this |
| 9 |
| subdivision (H)(4)
shall submit an
acceptable plan to meet |
| 10 |
| the educational needs of disadvantaged children, in
|
| 11 |
| compliance with the requirements of this paragraph, to the |
| 12 |
| State Board of
Education prior to July 15 of each year. |
| 13 |
| This plan shall be consistent with the
decisions of local |
| 14 |
| school councils concerning the school expenditure plans
|
| 15 |
| developed in accordance with part 4 of Section 34-2.3. The |
| 16 |
| State Board shall
approve or reject the plan within 60 days |
| 17 |
| after its submission. If the plan is
rejected, the district |
| 18 |
| shall give written notice of intent to modify the plan
|
| 19 |
| within 15 days of the notification of rejection and then |
| 20 |
| submit a modified plan
within 30 days after the date of the |
| 21 |
| written notice of intent to modify.
Districts may amend |
| 22 |
| approved plans pursuant to rules promulgated by the State
|
| 23 |
| Board of Education.
|
| 24 |
| Upon notification by the State Board of Education that |
| 25 |
| the district has
not submitted a plan prior to July 15 or a |
| 26 |
| modified plan within the time
period specified herein, the
|
|
|
|
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| 1 |
| State aid funds affected by that plan or modified plan |
| 2 |
| shall be withheld by the
State Board of Education until a |
| 3 |
| plan or modified plan is submitted.
|
| 4 |
| If the district fails to distribute State aid to |
| 5 |
| attendance centers in
accordance with an approved plan, the |
| 6 |
| plan for the following year shall
allocate funds, in |
| 7 |
| addition to the funds otherwise required by this
|
| 8 |
| subsection, to those attendance centers which were |
| 9 |
| underfunded during the
previous year in amounts equal to |
| 10 |
| such underfunding.
|
| 11 |
| For purposes of determining compliance with this |
| 12 |
| subsection in relation
to the requirements of attendance |
| 13 |
| center funding, each district subject to the
provisions of |
| 14 |
| this
subsection shall submit as a separate document by |
| 15 |
| December 1 of each year a
report of expenditure data for |
| 16 |
| the prior year in addition to any
modification of its |
| 17 |
| current plan. If it is determined that there has been
a |
| 18 |
| failure to comply with the expenditure provisions of this |
| 19 |
| subsection
regarding contravention or supplanting, the |
| 20 |
| State Superintendent of
Education shall, within 60 days of |
| 21 |
| receipt of the report, notify the
district and any affected |
| 22 |
| local school council. The district shall within
45 days of |
| 23 |
| receipt of that notification inform the State |
| 24 |
| Superintendent of
Education of the remedial or corrective |
| 25 |
| action to be taken, whether by
amendment of the current |
| 26 |
| plan, if feasible, or by adjustment in the plan
for the |
|
|
|
HB2864 |
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|
| 1 |
| following year. Failure to provide the expenditure report |
| 2 |
| or the
notification of remedial or corrective action in a |
| 3 |
| timely manner shall
result in a withholding of the affected |
| 4 |
| funds.
|
| 5 |
| The State Board of Education shall promulgate rules and |
| 6 |
| regulations
to implement the provisions of this |
| 7 |
| subsection. No funds shall be released
under this |
| 8 |
| subdivision (H)(4) to any district that has not submitted a |
| 9 |
| plan
that has been approved by the State Board of |
| 10 |
| Education.
|
| 11 |
| (I) (Blank).
|
| 12 |
| (J) Supplementary Grants in Aid.
|
| 13 |
| (1) Notwithstanding any other provisions of this Section, |
| 14 |
| the amount of the
aggregate general State aid in combination |
| 15 |
| with supplemental general State aid
under this Section for |
| 16 |
| which
each school district is eligible shall be no
less than |
| 17 |
| the amount of the aggregate general State aid entitlement that |
| 18 |
| was
received by the district under Section
18-8 (exclusive of |
| 19 |
| amounts received
under subsections 5(p) and 5(p-5) of that |
| 20 |
| Section)
for the 1997-98 school year,
pursuant to the |
| 21 |
| provisions of that Section as it was then in effect.
If a |
| 22 |
| school district qualifies to receive a supplementary payment |
| 23 |
| made under
this subsection (J), the amount
of the aggregate |
| 24 |
| general State aid in combination with supplemental general
|
|
|
|
HB2864 |
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|
| 1 |
| State aid under this Section
which that district is eligible to |
| 2 |
| receive for each school year shall be no less than the amount |
| 3 |
| of the aggregate
general State aid entitlement that was |
| 4 |
| received by the district under
Section 18-8 (exclusive of |
| 5 |
| amounts received
under subsections 5(p) and 5(p-5) of that |
| 6 |
| Section)
for the 1997-1998 school year, pursuant to the |
| 7 |
| provisions of that
Section as it was then in effect.
|
| 8 |
| (2) If, as provided in paragraph (1) of this subsection |
| 9 |
| (J), a school
district is to receive aggregate general State |
| 10 |
| aid in
combination with supplemental general State aid under |
| 11 |
| this Section for the 1998-99 school year and any subsequent |
| 12 |
| school
year that in any such school year is less than the |
| 13 |
| amount of the aggregate
general
State
aid entitlement that the |
| 14 |
| district received for the 1997-98 school year, the
school |
| 15 |
| district shall also receive, from a separate appropriation made |
| 16 |
| for
purposes of this subsection (J), a supplementary payment |
| 17 |
| that is equal to the
amount of the difference in the aggregate |
| 18 |
| State aid figures as described in
paragraph (1).
|
| 19 |
| (3) (Blank).
|
| 20 |
| (K) Grants to Laboratory and Alternative Schools.
|
| 21 |
| In calculating the amount to be paid to the governing board |
| 22 |
| of a public
university that operates a laboratory school under |
| 23 |
| this Section or to any
alternative school that is operated by a |
| 24 |
| regional superintendent of schools,
the State
Board of |
| 25 |
| Education shall require by rule such reporting requirements as |
|
|
|
HB2864 |
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|
| 1 |
| it
deems necessary.
|
| 2 |
| As used in this Section, "laboratory school" means a public |
| 3 |
| school which is
created and operated by a public university and |
| 4 |
| approved by the State Board of
Education. The governing board |
| 5 |
| of a public university which receives funds
from the State |
| 6 |
| Board under this subsection (K) may not increase the number of
|
| 7 |
| students enrolled in its laboratory
school from a single |
| 8 |
| district, if that district is already sending 50 or more
|
| 9 |
| students, except under a mutual agreement between the school |
| 10 |
| board of a
student's district of residence and the university |
| 11 |
| which operates the
laboratory school. A laboratory school may |
| 12 |
| not have more than 1,000 students,
excluding students with |
| 13 |
| disabilities in a special education program.
|
| 14 |
| As used in this Section, "alternative school" means a |
| 15 |
| public school which is
created and operated by a Regional |
| 16 |
| Superintendent of Schools and approved by
the State Board of |
| 17 |
| Education. Such alternative schools may offer courses of
|
| 18 |
| instruction for which credit is given in regular school |
| 19 |
| programs, courses to
prepare students for the high school |
| 20 |
| equivalency testing program or vocational
and occupational |
| 21 |
| training. A regional superintendent of schools may contract
|
| 22 |
| with a school district or a public community college district |
| 23 |
| to operate an
alternative school. An alternative school serving |
| 24 |
| more than one educational
service region may be established by |
| 25 |
| the regional superintendents of schools
of the affected |
| 26 |
| educational service regions. An alternative school
serving |
|
|
|
HB2864 |
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LRB096 06098 NHT 16180 b |
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|
| 1 |
| more than one educational service region may be operated under |
| 2 |
| such
terms as the regional superintendents of schools of those |
| 3 |
| educational service
regions may agree.
|
| 4 |
| Each laboratory and alternative school shall file, on forms |
| 5 |
| provided by the
State Superintendent of Education, an annual |
| 6 |
| State aid claim which states the
Average Daily Attendance of |
| 7 |
| the school's students by month. The best 3 months'
Average |
| 8 |
| Daily Attendance shall be computed for each school.
The general |
| 9 |
| State aid entitlement shall be computed by multiplying the
|
| 10 |
| applicable Average Daily Attendance by the Foundation Level as |
| 11 |
| determined under
this Section.
|
| 12 |
| (L) Payments, Additional Grants in Aid and Other Requirements.
|
| 13 |
| (1) For a school district operating under the financial |
| 14 |
| supervision
of an Authority created under Article 34A, the |
| 15 |
| general State aid otherwise
payable to that district under this |
| 16 |
| Section, but not the supplemental general
State aid, shall be |
| 17 |
| reduced by an amount equal to the budget for
the operations of |
| 18 |
| the Authority as certified by the Authority to the State
Board |
| 19 |
| of Education, and an amount equal to such reduction shall be |
| 20 |
| paid
to the Authority created for such district for its |
| 21 |
| operating expenses in
the manner provided in Section 18-11. The |
| 22 |
| remainder
of general State school aid for any such district |
| 23 |
| shall be paid in accordance
with Article 34A when that Article |
| 24 |
| provides for a disposition other than that
provided by this |
| 25 |
| Article.
|
|
|
|
HB2864 |
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LRB096 06098 NHT 16180 b |
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|
|
| 1 |
| (2) (Blank).
|
| 2 |
| (3) Summer school. Summer school payments shall be made as |
| 3 |
| provided in
Section 18-4.3.
|
| 4 |
| (M) Education Funding Advisory Board.
|
| 5 |
| The Education Funding Advisory
Board, hereinafter in this |
| 6 |
| subsection (M) referred to as the "Board", is hereby
created. |
| 7 |
| The Board
shall consist of 5 members who are appointed by the |
| 8 |
| Governor, by and with the
advice and consent of the Senate. The |
| 9 |
| members appointed shall include
representatives of education, |
| 10 |
| business, and the general public. One of the
members so |
| 11 |
| appointed shall be
designated by the Governor at the time the |
| 12 |
| appointment is made as the
chairperson of the
Board.
The |
| 13 |
| initial members of the Board may
be appointed any time after |
| 14 |
| the effective date of this amendatory Act of
1997. The regular |
| 15 |
| term of each member of the
Board shall be for 4 years from the |
| 16 |
| third Monday of January of the
year in which the term of the |
| 17 |
| member's appointment is to commence, except that
of the 5 |
| 18 |
| initial members appointed to serve on the
Board, the member who |
| 19 |
| is appointed as the chairperson shall serve for
a term that |
| 20 |
| commences on the date of his or her appointment and expires on |
| 21 |
| the
third Monday of January, 2002, and the remaining 4 members, |
| 22 |
| by lots drawn at
the first meeting of the Board that is
held
|
| 23 |
| after all 5 members are appointed, shall determine 2 of their |
| 24 |
| number to serve
for terms that commence on the date of their
|
| 25 |
| respective appointments and expire on the third
Monday of |
|
|
|
HB2864 |
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LRB096 06098 NHT 16180 b |
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|
|
| 1 |
| January, 2001,
and 2 of their number to serve for terms that |
| 2 |
| commence
on the date of their respective appointments and |
| 3 |
| expire on the third Monday
of January, 2000. All members |
| 4 |
| appointed to serve on the
Board shall serve until their |
| 5 |
| respective successors are
appointed and confirmed. Vacancies |
| 6 |
| shall be filled in the same manner as
original appointments. If |
| 7 |
| a vacancy in membership occurs at a time when the
Senate is not |
| 8 |
| in session, the Governor shall make a temporary appointment |
| 9 |
| until
the next meeting of the Senate, when he or she shall |
| 10 |
| appoint, by and with the
advice and consent of the Senate, a |
| 11 |
| person to fill that membership for the
unexpired term. If the |
| 12 |
| Senate is not in session when the initial appointments
are |
| 13 |
| made, those appointments shall
be made as in the case of |
| 14 |
| vacancies.
|
| 15 |
| The Education Funding Advisory Board shall be deemed |
| 16 |
| established,
and the initial
members appointed by the Governor |
| 17 |
| to serve as members of the
Board shall take office,
on the date |
| 18 |
| that the
Governor makes his or her appointment of the fifth |
| 19 |
| initial member of the
Board, whether those initial members are |
| 20 |
| then serving
pursuant to appointment and confirmation or |
| 21 |
| pursuant to temporary appointments
that are made by the |
| 22 |
| Governor as in the case of vacancies.
|
| 23 |
| The State Board of Education shall provide such staff |
| 24 |
| assistance to the
Education Funding Advisory Board as is |
| 25 |
| reasonably required for the proper
performance by the Board of |
| 26 |
| its responsibilities.
|
|
|
|
HB2864 |
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LRB096 06098 NHT 16180 b |
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|
|
| 1 |
| For school years after the 2000-2001 school year, the |
| 2 |
| Education
Funding Advisory Board, in consultation with the |
| 3 |
| State Board of Education,
shall make recommendations as |
| 4 |
| provided in this subsection (M) to the General
Assembly for the |
| 5 |
| foundation level under subdivision (B)(3) of this Section and
|
| 6 |
| for the
supplemental general State aid grant level under |
| 7 |
| subsection (H) of this Section
for districts with high |
| 8 |
| concentrations of children from poverty. The
recommended |
| 9 |
| foundation level shall be determined based on a methodology |
| 10 |
| which
incorporates the basic education expenditures of |
| 11 |
| low-spending schools
exhibiting high academic performance. The |
| 12 |
| Education Funding Advisory Board
shall make such |
| 13 |
| recommendations to the General Assembly on January 1 of odd
|
| 14 |
| numbered years, beginning January 1, 2001.
|
| 15 |
| (N) (Blank).
|
| 16 |
| (O) References.
|
| 17 |
| (1) References in other laws to the various subdivisions of
|
| 18 |
| Section 18-8 as that Section existed before its repeal and |
| 19 |
| replacement by this
Section 18-8.05 shall be deemed to refer to |
| 20 |
| the corresponding provisions of
this Section 18-8.05, to the |
| 21 |
| extent that those references remain applicable.
|
| 22 |
| (2) References in other laws to State Chapter 1 funds shall |
| 23 |
| be deemed to
refer to the supplemental general State aid |
| 24 |
| provided under subsection (H) of
this Section.
|
|
|
|
HB2864 |
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LRB096 06098 NHT 16180 b |
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|
|
| 1 |
| (P) Public Act 93-838 and Public Act 93-808 make inconsistent |
| 2 |
| changes to this Section. Under Section 6 of the Statute on |
| 3 |
| Statutes there is an irreconcilable conflict between Public Act |
| 4 |
| 93-808 and Public Act 93-838. Public Act 93-838, being the last |
| 5 |
| acted upon, is controlling. The text of Public Act 93-838 is |
| 6 |
| the law regardless of the text of Public Act 93-808. |
| 7 |
| (Source: P.A. 94-69, eff. 7-1-05; 94-438, eff. 8-4-05; 94-835, |
| 8 |
| eff. 6-6-06; 94-1019, eff. 7-10-06; 94-1105, eff. 6-1-07; |
| 9 |
| 95-331, eff. 8-21-07; 95-644, eff. 10-12-07; 95-707, eff. |
| 10 |
| 1-11-08; 95-744, eff. 7-18-08; 95-903, eff. 8-25-08; revised |
| 11 |
| 9-5-08.)
|