(105 ILCS 5/18‑8.05)
(Text of Section from P.A. 94‑69)
Sec. 18‑8.05.
Basis for apportionment of general State financial aid and
supplemental general State aid to the common schools for the 1998‑1999 and
subsequent school years.
(A) General Provisions.
(1) The provisions of this Section apply to the 1998‑1999 and subsequent
school years. The system of general State financial aid provided for in this
Section
is designed to assure that, through a combination of State financial aid and
required local resources, the financial support provided each pupil in Average
Daily Attendance equals or exceeds a
prescribed per pupil Foundation Level. This formula approach imputes a level
of per pupil Available Local Resources and provides for the basis to calculate
a per pupil level of general State financial aid that, when added to Available
Local Resources, equals or exceeds the Foundation Level. The
amount of per pupil general State financial aid for school districts, in
general, varies in inverse
relation to Available Local Resources. Per pupil amounts are based upon
each school district's Average Daily Attendance as that term is defined in this
Section.
(2) In addition to general State financial aid, school districts with
specified levels or concentrations of pupils from low income households are
eligible to receive supplemental general State financial aid grants as provided
pursuant to subsection (H).
The supplemental State aid grants provided for school districts under
subsection (H) shall be appropriated for distribution to school districts as
part of the same line item in which the general State financial aid of school
districts is appropriated under this Section.
(3) To receive financial assistance under this Section, school districts
are required to file claims with the State Board of Education, subject to the
following requirements:
(a) Any school district which fails for any given
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school year to maintain school as required by law, or to maintain a recognized school is not eligible to file for such school year any claim upon the Common School Fund. In case of nonrecognition of one or more attendance centers in a school district otherwise operating recognized schools, the claim of the district shall be reduced in the proportion which the Average Daily Attendance in the attendance center or centers bear to the Average Daily Attendance in the school district. A "recognized school" means any public school which meets the standards as established for recognition by the State Board of Education. A school district or attendance center not having recognition status at the end of a school term is entitled to receive State aid payments due upon a legal claim which was filed while it was recognized.
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(b) School district claims filed under this Section
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are subject to Sections 18‑9, 18‑10, and 18‑12, except as otherwise 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 district shall be determined by the State Board of Education in accordance with this Section as near as may be applicable.
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(d) (Blank).
(4) Except as provided in subsections (H) and (L), the board of any district
receiving any of the grants provided for in this Section may apply those funds
to any fund so received for which that board is authorized to make expenditures
by law.
School districts are not required to exert a minimum Operating Tax Rate in
order to qualify for assistance under this Section.
(5) As used in this Section the following terms, when capitalized, shall
have the meaning ascribed herein:
(a) "Average Daily Attendance": A count of pupil
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attendance in school, averaged as provided for in subsection (C) and utilized in deriving per pupil financial 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 Daily Attendance and derived as provided pursuant to 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 relation to the abolition of ad valorem personal property tax and the replacement of revenues lost thereby, and amending and repealing certain Acts and parts of Acts in connection therewith", certified August 14, 1979, as amended (Public Act 81‑1st S.S.‑1).
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(d) "Foundation Level": A prescribed level of per
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pupil financial support as provided for in subsection (B).
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(e) "Operating Tax Rate": All school district
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property taxes extended for all purposes, except Bond and Interest, Summer School, Rent, Capital Improvement, and Vocational Education Building purposes.
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(B) Foundation Level.
(1) The Foundation Level is a figure established by the State representing
the minimum level of per pupil financial support that should be available to
provide for the basic education of each pupil in
Average Daily Attendance. As set forth in this Section, each school district
is assumed to exert
a sufficient local taxing effort such that, in combination with the aggregate
of general State
financial aid provided the district, an aggregate of State and local resources
are available to meet
the basic education needs of pupils in the district.
(2) For the 1998‑1999 school year, the Foundation Level of support is
$4,225. For the 1999‑2000 school year, the Foundation Level of support is
$4,325. For the 2000‑2001 school year, the Foundation Level of support is
$4,425. For the 2001‑2002 school year and 2002‑2003 school year, the
Foundation Level of support is $4,560. For the 2003‑2004 school year, the Foundation Level of support is $4,810. For the 2004‑2005 school year, the Foundation Level of support is $4,964.
(3) For the 2005‑2006 school year and each school year thereafter,
the Foundation Level of support is $5,164 or such greater amount as
may be established by law by the General Assembly.
(C) Average Daily Attendance.
(1) For purposes of calculating general State aid pursuant to subsection
(E), an Average Daily Attendance figure shall be utilized. The Average Daily
Attendance figure for formula
calculation purposes shall be the monthly average of the actual number of
pupils in attendance of
each school district, as further averaged for the best 3 months of pupil
attendance for each
school district. In compiling the figures for the number of pupils in
attendance, school districts
and the State Board of Education shall, for purposes of general State aid
funding, conform
attendance figures to the requirements of subsection (F).
(2) The Average Daily Attendance figures utilized in subsection (E) shall be
the requisite attendance data for the school year immediately preceding
the
school year for which general State aid is being calculated
or the average of the attendance data for the 3 preceding school
years, whichever is greater. The Average Daily Attendance figures
utilized in subsection (H) shall be the requisite attendance data for the
school year immediately preceding the school year for which general
State aid is being calculated.
(D) Available Local Resources.
(1) For purposes of calculating general State aid pursuant to subsection
(E), a representation of Available Local Resources per pupil, as that term is
defined and determined in this subsection, shall be utilized. Available Local
Resources per pupil shall include a calculated
dollar amount representing local school district revenues from local property
taxes and from
Corporate Personal Property Replacement Taxes, expressed on the basis of pupils
in Average
Daily Attendance. Calculation of Available Local Resources shall exclude any tax amnesty funds received as a result of Public Act 93‑26.
(2) In determining a school district's revenue from local property taxes,
the State Board of Education shall utilize the equalized assessed valuation of
all taxable property of each school
district as of September 30 of the previous year. The equalized assessed
valuation utilized shall
be obtained and determined as provided in subsection (G).
(3) For school districts maintaining grades kindergarten through 12, local
property tax
revenues per pupil shall be calculated as the product of the applicable
equalized assessed
valuation for the district multiplied by 3.00%, and divided by the district's
Average Daily
Attendance figure. For school districts maintaining grades kindergarten
through 8, local
property tax revenues per pupil shall be calculated as the product of the
applicable equalized
assessed valuation for the district multiplied by 2.30%, and divided by the
district's Average
Daily Attendance figure. For school districts maintaining grades 9 through 12,
local property
tax revenues per pupil shall be the applicable equalized assessed valuation of
the district
multiplied by 1.05%, and divided by the district's Average Daily
Attendance
figure.
(4) The Corporate Personal Property Replacement Taxes paid to each school
district during the calendar year 2 years before the calendar year in which a
school year begins, divided by the Average Daily Attendance figure for that
district, shall be added to the local property tax revenues per pupil as
derived by the application of the immediately preceding paragraph (3). The sum
of these per pupil figures for each school district shall constitute Available
Local Resources as that term is utilized in subsection (E) in the calculation
of general State aid.
(E) Computation of General State Aid.
(1) For each school year, the amount of general State aid allotted to a
school district shall be computed by the State Board of Education as provided
in this subsection.
(2) For any school district for which Available Local Resources per pupil
is less than the product of 0.93 times the Foundation Level, general State aid
for that district shall be calculated as an amount equal to the Foundation
Level minus Available Local Resources, multiplied by the Average Daily
Attendance of the school district.
(3) For any school district for which Available Local Resources per pupil
is equal to or greater than the product of 0.93 times the Foundation Level and
less than the product of 1.75 times the Foundation Level, the general State aid
per pupil shall be a decimal proportion of the Foundation Level derived using a
linear algorithm. Under this linear algorithm, the calculated general State
aid per pupil shall decline in direct linear fashion from 0.07 times the
Foundation Level for a school district with Available Local Resources equal to
the product of 0.93 times the Foundation Level, to 0.05 times the Foundation
Level for a school district with Available Local Resources equal to the product
of 1.75 times the Foundation Level. The allocation of general
State aid for school districts subject to this paragraph 3 shall be the
calculated general State aid
per pupil figure multiplied by the Average Daily Attendance of the school
district.
(4) For any school district for which Available Local Resources per pupil
equals or exceeds the product of 1.75 times the Foundation Level, the general
State aid for the school district shall be calculated as the product of $218
multiplied by the Average Daily Attendance of the school
district.
(5) The amount of general State aid allocated to a school district for
the 1999‑2000 school year meeting the requirements set forth in paragraph (4)
of subsection
(G) shall be increased by an amount equal to the general State aid that
would have been received by the district for the 1998‑1999 school year by
utilizing the Extension Limitation Equalized Assessed Valuation as calculated
in paragraph (4) of subsection (G) less the general State aid allotted for the
1998‑1999
school year. This amount shall be deemed a one time increase, and shall not
affect any future general State aid allocations.
(F) Compilation of Average Daily Attendance.
(1) Each school district shall, by July 1 of each year, submit to the State
Board of Education, on forms prescribed by the State Board of Education,
attendance figures for the school year that began in the preceding calendar
year. The attendance information so transmitted shall identify the average
daily attendance figures for each month of the school year. Beginning with
the general State aid claim form for the 2002‑2003 school
year, districts shall calculate Average Daily Attendance as provided in
subdivisions (a), (b), and (c) of this paragraph (1).
(a) In districts that do not hold year‑round
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classes, days of attendance in August shall be added to the month of September and any days of attendance in June shall be added to the month of May.
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(b) In districts in which all buildings hold
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year‑round classes, days of attendance in July and August shall be added to the month of September and any days of attendance in June shall be added to the month of May.
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(c) In districts in which some buildings, but not
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all, hold year‑round classes, for the non‑year‑round buildings, days of attendance in August shall be added to the month of September and any days of attendance in June shall be added to the month of May. The average daily attendance for the year‑round buildings shall be computed as provided in subdivision (b) of this paragraph (1). To calculate the Average Daily Attendance for the district, the average daily attendance for the year‑round buildings shall be multiplied by the days in session for the non‑year‑round buildings for each month and added to the monthly attendance of the non‑year‑round buildings.
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Except as otherwise provided in this Section, days of
attendance by pupils shall be counted only for sessions of not less than
5 clock hours of school work per day under direct supervision of: (i)
teachers, or (ii) non‑teaching personnel or volunteer personnel when engaging
in non‑teaching duties and supervising in those instances specified in
subsection (a) of Section 10‑22.34 and paragraph 10 of Section 34‑18, with
pupils of legal school age and in kindergarten and grades 1 through 12.
Days of attendance by tuition pupils shall be accredited only to the
districts that pay the tuition to a recognized school.
(2) Days of attendance by pupils of less than 5 clock hours of school
shall be subject to the following provisions in the compilation of Average
Daily Attendance.
(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 of 1/6 day for every class hour of instruction of 40 minutes or more attended pursuant to such enrollment, unless a pupil is enrolled in a block‑schedule format of 80 minutes or more of instruction, in which case the pupil may be counted on the basis of the proportion of minutes of school work completed each day to the minimum number of 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
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hours on the opening and closing of the school term, and upon the first day of pupil attendance, if preceded by a day or days utilized as an institute or teachers' workshop.
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(c) A session of 4 or more clock hours may be
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counted as a day of attendance upon certification by the regional superintendent, and approved by the State Superintendent of Education to the extent that the district has been forced to use daily multiple sessions.
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(d) A session of 3 or more clock hours may be
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counted as a day of attendance (1) when the remainder of the school day or at least 2 hours in the evening of that day is utilized for an in‑service training program for teachers, up to a maximum of 5 days per school year of which a maximum of 4 days of such 5 days may be used for parent‑teacher conferences, provided a district conducts an in‑service training program for teachers which has been approved by the State Superintendent of Education; or, in lieu of 4 such days, 2 full days may be used, in which event each such day may be counted as a day of attendance; and (2) when days in addition to those provided in item (1) are scheduled by a school pursuant to its school improvement plan adopted under Article 34 or its revised or amended school improvement plan adopted under Article 2, provided that (i) such sessions of 3 or more clock hours are scheduled to occur at regular intervals, (ii) the remainder of the school days in which such sessions occur are utilized for in‑service training programs or other staff development activities for teachers, and (iii) a sufficient number of minutes of school work under the direct supervision of teachers are added to the school days between such regularly scheduled sessions to accumulate not less than the number of minutes by which such sessions of 3 or more clock hours fall short of 5 clock hours. Any full days used for the purposes of this paragraph shall not be considered for computing average daily attendance. Days scheduled for in‑service training programs, staff development activities, or parent‑teacher conferences may be scheduled separately for different grade levels and 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 telephone to the classroom may be counted as 1/2 day of attendance, however these pupils must receive 4 or more clock hours of instruction to be counted for a full day of attendance.
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(f) A session of at least 4 clock hours may be
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counted as a day of attendance for first grade pupils, and pupils in full day kindergartens, and a session of 2 or more hours may be counted as 1/2 day of attendance by pupils in kindergartens which provide only 1/2 day of attendance.
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(g) For children with disabilities who are below the
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age of 6 years and who cannot attend 2 or more clock hours because of their disability or immaturity, a session of not less than one clock hour may be counted as 1/2 day of attendance; however for such children whose educational needs so require a session of 4 or more clock hours may be counted as a full day of attendance.
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(h) A recognized kindergarten which provides for
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only 1/2 day of attendance by each pupil shall not have more than 1/2 day of attendance counted in any one day. However, kindergartens may count 2 1/2 days of attendance in any 5 consecutive school days. When a pupil attends such a kindergarten for 2 half days on any one school day, the pupil shall have the following day as a day absent from school, unless the school district obtains permission in writing from the State Superintendent of Education. Attendance at kindergartens which provide for a full day of attendance by each pupil shall be counted the same as attendance by first grade pupils. Only the first year of attendance in one kindergarten shall be counted, except in case of children who entered the kindergarten in their fifth year whose educational development requires a second year of kindergarten as determined under the rules and regulations of the State Board of Education.
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(G) Equalized Assessed Valuation Data.
(1) For purposes of the calculation of Available Local Resources required
pursuant to subsection (D), the
State Board of Education shall secure from the Department of
Revenue the value as equalized or assessed by the Department of Revenue of
all taxable property of every school district, together with (i) the applicable
tax rate used in extending taxes for the funds of the district as of
September 30 of the previous year
and (ii) the limiting rate for all school
districts subject to property tax extension limitations as imposed under the
Property Tax Extension Limitation Law.
The Department of Revenue shall add to the equalized assessed value of all
taxable
property of each school district situated entirely or partially within a county
that is or was subject to the alternative general homestead exemption provisions of Section 15‑176 of the Property Tax Code (a)
an amount equal to the total amount by which the
homestead exemption allowed under Section 15‑176 of the Property Tax Code for
real
property situated in that school district exceeds the total amount that would
have been
allowed in that school district if the maximum reduction under Section 15‑176
was
(i) $4,500 in Cook County or $3,500 in all other counties in tax year 2003 or (ii) $5,000 in all counties in tax year 2004 and thereafter and (b) an amount equal to the aggregate amount for the taxable year of all additional exemptions under Section 15‑175 of the Property Tax Code for owners with a household income of $30,000 or less. The county clerk of any county that is or was subject to the alternative general homestead exemption provisions of Section 15‑176 of the Property Tax Code shall
annually calculate and certify to the Department of Revenue for each school
district all
homestead exemption amounts under Section 15‑176 of the Property Tax Code and all amounts of additional exemptions under Section 15‑175 of the Property Tax Code for owners with a household income of $30,000 or less. It is the intent of this paragraph that if the general homestead exemption for a parcel of property is determined under Section 15‑176 of the Property Tax Code rather than Section 15‑175, then the calculation of Available Local Resources shall not be affected by the difference, if any, between the amount of the general homestead exemption allowed for that parcel of property under Section 15‑176 of the Property Tax Code and the amount that would have been allowed had the general homestead exemption for that parcel of property been determined under Section 15‑175 of the Property Tax Code. It is further the intent of this paragraph that if additional exemptions are allowed under Section 15‑175 of the Property Tax Code for owners with a household income of less than $30,000, then the calculation of Available Local Resources shall not be affected by the difference, if any, because of those additional exemptions.
This equalized assessed valuation, as adjusted further by the requirements of
this subsection, shall be utilized in the calculation of Available Local
Resources.
(2) The equalized assessed valuation in paragraph (1) shall be adjusted, as
applicable, in the following manner:
(a) For the purposes of calculating State aid under
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this Section, with respect to any part of a school district within a redevelopment project area in respect to which a municipality has adopted tax increment allocation financing pursuant to the Tax Increment Allocation Redevelopment Act, Sections 11‑74.4‑1 through 11‑74.4‑11 of the Illinois Municipal Code or the Industrial Jobs Recovery Law, Sections 11‑74.6‑1 through 11‑74.6‑50 of the Illinois Municipal Code, no part of the current equalized assessed valuation of real property located in any such project area which is attributable to an increase above the total initial equalized assessed valuation of such property shall be used as part of the equalized assessed valuation of the district, until such time as all redevelopment project costs have been paid, as provided in Section 11‑74.4‑8 of the Tax Increment Allocation Redevelopment Act or in Section 11‑74.6‑35 of the Industrial Jobs Recovery Law. For the purpose of the equalized assessed valuation of the district, the total initial equalized assessed valuation or the current equalized assessed valuation, whichever is lower, shall be used until such time as all redevelopment project costs have been paid.
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(b) The real property equalized assessed valuation
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for a school district shall be adjusted by subtracting from the real property value as equalized or assessed by the Department of Revenue for the district an amount computed by dividing the amount of any abatement of taxes under Section 18‑170 of the Property Tax Code by 3.00% for a district maintaining grades kindergarten through 12, by 2.30% for a district maintaining grades kindergarten through 8, or by 1.05% for a district maintaining grades 9 through 12 and adjusted by an amount computed by dividing the amount of any abatement of taxes under subsection (a) of Section 18‑165 of the Property Tax Code by the same percentage rates for district type as specified in this subparagraph (b).
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(3) For the 1999‑2000 school year and each school year thereafter, if a
school district meets all of the criteria of this subsection (G)(3), the school
district's Available Local Resources shall be calculated under subsection (D)
using the district's Extension Limitation Equalized Assessed Valuation as
calculated under this
subsection (G)(3).
For purposes of this subsection (G)(3) the following terms shall have
the following meanings:
"Budget Year": The school year for which general
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State aid is calculated and awarded under subsection (E).
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"Base Tax Year": The property tax levy year used to
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calculate the Budget Year allocation of general State aid.
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"Preceding Tax Year": The property tax levy year
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immediately preceding the Base Tax Year.
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"Base Tax Year's Tax Extension": The product of the
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equalized assessed valuation utilized by the County Clerk in the Base Tax Year multiplied by the limiting rate as calculated by the County Clerk and defined in the Property Tax Extension Limitation Law.
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"Preceding Tax Year's Tax Extension": The product of
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the equalized assessed valuation utilized by the County Clerk in the Preceding Tax Year multiplied by the Operating Tax Rate as defined in subsection (A).
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"Extension Limitation Ratio": A numerical ratio,
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certified by the County Clerk, in which the numerator is the Base Tax Year's Tax Extension and the denominator is the Preceding Tax Year's Tax Extension.
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"Operating Tax Rate": The operating tax rate as
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defined in subsection (A).
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If a school district is subject to property tax extension limitations as
imposed under
the Property Tax Extension Limitation Law, the State Board of Education shall
calculate the Extension
Limitation
Equalized Assessed Valuation of that district. For the 1999‑2000 school
year, the
Extension Limitation Equalized Assessed Valuation of a school district as
calculated by the State Board of Education shall be equal to the product of the
district's 1996 Equalized Assessed Valuation and the district's Extension
Limitation Ratio. For the 2000‑2001 school year and each school year
thereafter,
the Extension Limitation Equalized Assessed Valuation of a school district as
calculated by the State Board of Education shall be equal to the product of
the Equalized Assessed Valuation last used in the calculation of general State
aid and the
district's Extension Limitation Ratio. If the Extension Limitation
Equalized
Assessed Valuation of a school district as calculated under
this subsection (G)(3) is less than the district's equalized assessed valuation
as calculated pursuant to subsections (G)(1) and (G)(2), then for purposes of
calculating the district's general State aid for the Budget Year pursuant to
subsection (E), that Extension
Limitation Equalized Assessed Valuation shall be utilized to calculate the
district's Available Local Resources
under subsection (D).
(4) For the purposes of calculating general State aid for the 1999‑2000
school year only, if a school district experienced a triennial reassessment on
the equalized assessed valuation used in calculating its general State
financial aid apportionment for the 1998‑1999 school year, the State Board of
Education shall calculate the Extension Limitation Equalized Assessed Valuation
that would have been used to calculate the district's 1998‑1999 general State
aid. This amount shall equal the product of the equalized assessed valuation
used to
calculate general State aid for the 1997‑1998 school year and the district's
Extension Limitation Ratio. If the Extension Limitation Equalized Assessed
Valuation of the school district as calculated under this paragraph (4) is
less than the district's equalized assessed valuation utilized in calculating
the
district's 1998‑1999 general State aid allocation, then for purposes of
calculating the district's general State aid pursuant to paragraph (5) of
subsection (E),
that Extension Limitation Equalized Assessed Valuation shall be utilized to
calculate the district's Available Local Resources.
(5) For school districts having a majority of their equalized assessed
valuation in any county except Cook, DuPage, Kane, Lake, McHenry, or Will, if
the amount of general State aid allocated to the school district for the
1999‑2000 school year under the provisions of subsection (E), (H), and (J) of
this Section is less than the amount of general State aid allocated to the
district for the 1998‑1999 school year under these subsections, then the
general
State aid of the district for the 1999‑2000 school year only shall be increased
by the difference between these amounts. The total payments made under this
paragraph (5) shall not exceed $14,000,000. Claims shall be prorated if they
exceed $14,000,000.
(H) Supplemental General State Aid.
(1) In addition to the general State aid a school district is allotted
pursuant to subsection (E), qualifying school districts shall receive a grant,
paid in conjunction with a district's payments of general State aid, for
supplemental general State aid based upon the concentration level of children
from low‑income households within the school district.
Supplemental State aid grants provided for school districts under this
subsection shall be appropriated for distribution to school districts as part
of the same line item in which the general State financial aid of school
districts is appropriated under this Section.
If the appropriation in any fiscal year for general State aid and
supplemental general State aid is insufficient to pay the amounts required
under the general State aid and supplemental general State aid calculations,
then the
State Board of Education shall ensure that
each school district receives the full amount due for general State aid
and the remainder of the appropriation shall be used
for supplemental general State aid, which the State Board of Education shall
calculate and pay to eligible districts on a prorated basis.
(1.5) This paragraph (1.5) applies only to those school years
preceding the 2003‑2004 school year.
For purposes of this
subsection (H), the term "Low‑Income Concentration Level" shall be the
low‑income
eligible pupil count from the most recently available federal census divided by
the Average Daily Attendance of the school district.
If, however, (i) the percentage decrease from the 2 most recent federal
censuses
in the low‑income eligible pupil count of a high school district with fewer
than 400 students exceeds by 75% or more the percentage change in the total
low‑income eligible pupil count of contiguous elementary school districts,
whose boundaries are coterminous with the high school district,
or (ii) a high school district within 2 counties and serving 5 elementary
school
districts, whose boundaries are coterminous with the high school
district, has a percentage decrease from the 2 most recent federal
censuses in the low‑income eligible pupil count and there is a percentage
increase in the total low‑income eligible pupil count of a majority of the
elementary school districts in excess of 50% from the 2 most recent
federal censuses, then
the
high school district's low‑income eligible pupil count from the earlier federal
census
shall be the number used as the low‑income eligible pupil count for the high
school district, for purposes of this subsection (H).
The changes made to this paragraph (1) by Public Act 92‑28 shall apply to
supplemental general State aid
grants for school years preceding the 2003‑2004 school year that are paid
in fiscal year 1999 or thereafter
and to
any State aid payments made in fiscal year 1994 through fiscal year
1998 pursuant to subsection 1(n) of Section 18‑8 of this Code (which was
repealed on July 1, 1998), and any high school district that is affected by
Public Act 92‑28 is
entitled to a
recomputation of its supplemental general State aid grant or State aid
paid in any of those fiscal years. This recomputation shall not be
affected by any other funding.
(1.10) This paragraph (1.10) applies to the 2003‑2004 school year
and each school year thereafter. For purposes of this subsection (H), the
term "Low‑Income Concentration Level" shall, for each fiscal year, be the
low‑income eligible
pupil count
as of July 1 of the immediately preceding fiscal year
(as determined by the Department of Human Services based
on the number of pupils
who are eligible for at least one of the following
low income programs: Medicaid, KidCare, TANF, or Food Stamps,
excluding pupils who are eligible for services provided by the Department
of Children and Family Services,
averaged over
the 2 immediately preceding fiscal years for fiscal year 2004 and over the 3
immediately preceding fiscal years for each fiscal year thereafter)
divided by the Average Daily Attendance of the school district.
(2) Supplemental general State aid pursuant to this subsection (H) shall
be
provided as follows for the 1998‑1999, 1999‑2000, and 2000‑2001 school years
only:
(a) For any school district with a Low Income
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Concentration Level of at least 20% and less than 35%, the grant for any school year shall be $800 multiplied by the low income eligible pupil count.
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(b) For any school district with a Low Income
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Concentration Level of at least 35% and less than 50%, the grant for the 1998‑1999 school year shall be $1,100 multiplied by the low income eligible pupil count.
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(c) For any school district with a Low Income
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Concentration Level of at least 50% and less than 60%, the grant for the 1998‑99 school year shall be $1,500 multiplied by the low income eligible pupil count.
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(d) For any school district with a Low Income
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Concentration Level of 60% or more, the grant for the 1998‑99 school year shall be $1,900 multiplied by the low income eligible pupil count.
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(e) For the 1999‑2000 school year, the per pupil
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amount specified in subparagraphs (b), (c), and (d) immediately above shall be increased to $1,243, $1,600, and $2,000, respectively.
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(f) For the 2000‑2001 school year, the per pupil
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amounts specified in subparagraphs (b), (c), and (d) immediately above shall be $1,273, $1,640, and $2,050, respectively.
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(2.5) Supplemental general State aid pursuant to this subsection (H)
shall be provided as follows for the 2002‑2003 school year:
(a) For any school district with a Low Income
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Concentration Level of less than 10%, the grant for each school year shall be $355 multiplied by the low income eligible pupil count.
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(b) For any school district with a Low Income
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Concentration Level of at least 10% and less than 20%, the grant for each school year shall be $675 multiplied by the low income eligible pupil count.
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(c) For any school district with a Low Income
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Concentration Level of at least 20% and less than 35%, the grant for each school year shall be $1,330 multiplied by the low income eligible pupil count.
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(d) For any school district with a Low Income
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Concentration Level of at least 35% and less than 50%, the grant for each school year shall be $1,362 multiplied by the low income eligible pupil count.
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(e) For any school district with a Low Income
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Concentration Level of at least 50% and less than 60%, the grant for each school year shall be $1,680 multiplied by the low income eligible pupil count.
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(f) For any school district with a Low Income
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Concentration Level of 60% or more, the grant for each school year shall be $2,080 multiplied by the low income eligible pupil count.
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(2.10) Except as otherwise provided, supplemental general State aid
pursuant to this subsection
(H) shall be provided as follows for the 2003‑2004 school year and each
school year thereafter:
(a) For any school district with a Low Income
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Concentration Level of 15% or less, the grant for each school year shall be $355 multiplied by the low income eligible pupil count.
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(b) For any school district with a Low Income
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Concentration Level greater than 15%, the grant for each school year shall be $294.25 added to the product of $2,700 and the square of the Low Income Concentration Level, all multiplied by the low income eligible pupil count.
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For the 2003‑2004 school year, 2004‑2005 school year,
and 2005‑2006 school year only, the grant shall be no less than the
grant
for
the 2002‑2003 school year. For the 2006‑2007 school year only, the grant shall
be no
less than the grant for the 2002‑2003 school year multiplied by 0.66. For the
2007‑2008
school year only, the grant shall be no less than the grant for the 2002‑2003
school year
multiplied by 0.33. Notwithstanding the provisions of this paragraph to the contrary, if for any school year supplemental general State aid grants are prorated as provided in paragraph (1) of this subsection (H), then the grants under this paragraph shall be prorated.
For the 2003‑2004 school year only, the grant shall be no greater
than the grant received during the 2002‑2003 school year added to the
product of 0.25 multiplied by the difference between the grant amount
calculated under subsection (a) or (b) of this paragraph (2.10), whichever
is applicable, and the grant received during the 2002‑2003 school year.
For the 2004‑2005 school year only, the grant shall be no greater than
the grant received during the 2002‑2003 school year added to the
product of 0.50 multiplied by the difference between the grant amount
calculated under subsection (a) or (b) of this paragraph (2.10), whichever
is applicable, and the grant received during the 2002‑2003 school year.
For the 2005‑2006 school year only, the grant shall be no greater than
the grant received during the 2002‑2003 school year added to the
product of 0.75 multiplied by the difference between the grant amount
calculated under subsection (a) or (b) of this paragraph (2.10), whichever
is applicable, and the grant received during the 2002‑2003
school year.
(3) School districts with an Average Daily Attendance of more than 1,000
and less than 50,000 that qualify for supplemental general State aid pursuant
to this subsection shall submit a plan to the State Board of Education prior to
October 30 of each year for the use of the funds resulting from this grant of
supplemental general State aid for the improvement of
instruction in which priority is given to meeting the education needs of
disadvantaged children. Such plan shall be submitted in accordance with
rules and regulations promulgated by the State Board of Education.
(4) School districts with an Average Daily Attendance of 50,000 or more
that qualify for supplemental general State aid pursuant to this subsection
shall be required to distribute from funds available pursuant to this Section,
no less than $261,000,000 in accordance with the following requirements:
(a) The required amounts shall be distributed to the
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attendance centers within the district in proportion to the number of pupils enrolled at each attendance center who are eligible to receive free or reduced‑price lunches or breakfasts under the federal Child Nutrition Act of 1966 and under the National School Lunch Act during the immediately preceding school year.
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(b) The distribution of these portions of
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supplemental and general State aid among attendance centers according to these requirements shall not be compensated for or contravened by adjustments of the total of other funds appropriated to any attendance centers, and the Board of Education shall utilize funding from one or several sources in order to fully implement this provision annually prior to the opening of school.
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(c) Each attendance center shall be provided by the
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school district a distribution of noncategorical funds and other categorical funds to which an attendance center is entitled under law in order that the general State aid and supplemental general State aid provided by application of this subsection supplements rather than supplants the noncategorical funds and other categorical funds provided by the school district to the attendance centers.
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(d) Any funds made available under this subsection
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that by reason of the provisions of this subsection are not required to be allocated and provided to attendance centers may be used and appropriated by the board of the district for any lawful school purpose.
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(e) Funds received by an attendance center pursuant
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to this subsection shall be used by the attendance center at the discretion of the principal and local school council for programs to improve educational opportunities at qualifying schools through the following programs and services: early childhood education, reduced class size or improved adult to student classroom ratio, enrichment programs, remedial assistance, attendance improvement, and other educationally beneficial expenditures which supplement the regular and basic programs as determined by the State Board of Education. Funds provided shall not be expended for any political or lobbying purposes as defined by board rule.
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(f) Each district subject to the provisions of this
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subdivision (H)(4) shall submit an acceptable plan to meet the educational needs of disadvantaged children, in compliance with the requirements of this paragraph, to the State Board of Education prior to July 15 of each year. This plan shall be consistent with the decisions of local school councils concerning the school expenditure plans developed in accordance with part 4 of Section 34‑2.3. The State Board shall approve or reject the plan within 60 days after its submission. If the plan is rejected, the district shall give written notice of intent to modify the plan within 15 days of the notification of rejection and then submit a modified plan within 30 days after the date of the written notice of intent to modify. Districts may amend approved plans pursuant to rules promulgated by the State Board of Education.
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Upon notification by the State Board of Education
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that the district has not submitted a plan prior to July 15 or a modified plan within the time period specified herein, the State aid funds affected by that plan or modified plan shall be withheld by the State Board of Education until a plan or modified plan is submitted.
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If the district fails to distribute State aid to
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attendance centers in accordance with an approved plan, the plan for the following year shall allocate funds, in addition to the funds otherwise required by this subsection, to those attendance centers which were underfunded during the previous year in amounts equal to such underfunding.
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For purposes of determining compliance with this
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subsection in relation to the requirements of attendance center funding, each district subject to the provisions of this subsection shall submit as a separate document by December 1 of each year a report of expenditure data for the prior year in addition to any modification of its current plan. If it is determined that there has been a failure to comply with the expenditure provisions of this subsection regarding contravention or supplanting, the State Superintendent of Education shall, within 60 days of receipt of the report, notify the district and any affected local school council. The district shall within 45 days of receipt of that notification inform the State Superintendent of Education of the remedial or corrective action to be taken, whether by amendment of the current plan, if feasible, or by adjustment in the plan for the following year. Failure to provide the expenditure report or the notification of remedial or corrective action in a timely manner shall result in a withholding of the affected funds.
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The State Board of Education shall promulgate rules
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and regulations to implement the provisions of this subsection. No funds shall be released under this subdivision (H)(4) to any district that has not submitted a plan that has been approved by the State Board of Education.
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(I) General State Aid for Newly Configured School Districts.
(1) For a new school district formed by combining property included
totally within 2 or more previously existing school districts, for its
first year of existence the general State aid and supplemental general State
aid calculated under this Section
shall be computed for the new district and for the previously existing
districts for which property is totally included
within the new district. If the computation on the basis of the previously
existing districts is greater, a supplementary payment equal to the difference
shall be made for the first 4 years of existence of the new district.
(2) For a school district which annexes all of the territory of one or more
entire other school districts, for the first year during which the change
of boundaries attributable to such annexation becomes effective for all
purposes as determined under Section 7‑9 or 7A‑8, the general State aid and
supplemental general State aid calculated
under this Section shall be computed for the annexing district as constituted
after the annexation and for the annexing and each annexed district as
constituted prior to the annexation; and if the computation on the basis of
the annexing and annexed districts as constituted prior to the annexation is
greater, a supplementary payment equal to the difference shall be made for
the first 4 years of existence of the annexing school district as
constituted upon such annexation.
(3) For 2 or more school districts which annex all of the territory of
one or more entire other school districts, and for 2 or more community unit
districts which result upon the division (pursuant to petition under
Section 11A‑2) of one or more other unit school districts into 2 or more
parts and which together include all of the parts into which such other
unit school district or districts are so divided, for the first year
during which the change of boundaries attributable to such annexation or
division becomes effective for all purposes as determined under Section 7‑9
or 11A‑10, as the case may be, the general State aid and supplemental general
State aid calculated under this Section
shall be computed for each annexing or resulting district as constituted
after the annexation or division and for each annexing and annexed
district, or for each resulting and divided district, as constituted prior
to the annexation or division; and if the aggregate of the general State aid
and supplemental general State aid as so
computed for the annexing or resulting districts as constituted after the
annexation or division is less than the aggregate of the general State aid and
supplemental general State aid as so computed for the annexing and annexed
districts, or for the resulting and divided districts, as constituted prior to
the annexation or division, then
a supplementary payment equal to the difference shall be made and allocated
between or among the annexing or resulting districts, as constituted upon
such annexation or division, for the first 4 years of their existence. The
total difference payment shall be allocated between or among the annexing
or resulting districts in the same ratio as the pupil enrollment from that
portion of the annexed or divided district or districts which is annexed to
or included in each such annexing or resulting district bears to the total
pupil enrollment from the entire annexed or divided district or districts,
as such pupil enrollment is determined for the school year last ending
prior to the date when the change of boundaries attributable to the
annexation or division becomes effective for all purposes. The amount of
the total difference payment and the amount thereof to be allocated to the
annexing or resulting districts shall be computed by the State Board of
Education on the basis of pupil enrollment and other data which shall be
certified to the State Board of Education, on forms which it shall provide
for that purpose, by the regional superintendent of schools for each
educational service region in which the annexing and annexed districts, or
resulting and divided districts are located.
(3.5) Claims for financial assistance under this subsection (I) shall
not be recomputed except as expressly provided under this Section.
(4) Any
supplementary payment made under this subsection (I)
shall be treated as separate from all other payments made pursuant to
this Section.
(J) Supplementary Grants in Aid.
(1) Notwithstanding any other provisions of this Section, the amount of the
aggregate general State aid in combination with supplemental general State aid
under this Section for which
each school district is eligible shall be no
less than the amount of the aggregate general State aid entitlement that was
received by the district under Section
18‑8 (exclusive of amounts received
under subsections 5(p) and 5(p‑5) of that Section)
for the 1997‑98 school year,
pursuant to the provisions of that Section as it was then in effect.
If a school district qualifies to receive a supplementary payment made under
this subsection (J), the amount
of the aggregate general State aid in combination with supplemental general
State aid under this Section
which that district is eligible to receive for each school year shall be no less than the amount of the aggregate
general State aid entitlement that was received by the district under
Section 18‑8 (exclusive of amounts received
under subsections 5(p) and 5(p‑5) of that Section)
for the 1997‑1998 school year, pursuant to the provisions of that
Section as it was then in effect.
(2) If, as provided in paragraph (1) of this subsection (J), a school
district is to receive aggregate general State aid in
combination with supplemental general State aid under this Section for the 1998‑99 school year and any subsequent school
year that in any such school year is less than the amount of the aggregate
general
State
aid entitlement that the district received for the 1997‑98 school year, the
school district shall also receive, from a separate appropriation made for
purposes of this subsection (J), a supplementary payment that is equal to the
amount of the difference in the aggregate State aid figures as described in
paragraph (1).
(3) (Blank).
(K) Grants to Laboratory and Alternative Schools.
In calculating the amount to be paid to the governing board of a public
university that operates a laboratory school under this Section or to any
alternative school that is operated by a regional superintendent of schools,
the State
Board of Education shall require by rule such reporting requirements as it
deems necessary.
As used in this Section, "laboratory school" means a public school which is
created and operated by a public university and approved by the State Board of
Education. The governing board of a public university which receives funds
from the State Board under this subsection (K) may not increase the number of
students enrolled in its laboratory
school from a single district, if that district is already sending 50 or more
students, except under a mutual agreement between the school board of a
student's district of residence and the university which operates the
laboratory school. A laboratory school may not have more than 1,000 students,
excluding students with disabilities in a special education program.
As used in this Section, "alternative school" means a public school which is
created and operated by a Regional Superintendent of Schools and approved by
the State Board of Education. Such alternative schools may offer courses of
instruction for which credit is given in regular school programs, courses to
prepare students for the high school equivalency testing program or vocational
and occupational training. A regional superintendent of schools may contract
with a school district or a public community college district to operate an
alternative school. An alternative school serving more than one educational
service region may be established by the regional superintendents of schools
of the affected educational service regions. An alternative school
serving more than one educational service region may be operated under such
terms as the regional superintendents of schools of those educational service
regions may agree.
Each laboratory and alternative school shall file, on forms provided by the
State Superintendent of Education, an annual State aid claim which states the
Average Daily Attendance of the school's students by month. The best 3 months'
Average Daily Attendance shall be computed for each school.
The general State aid entitlement shall be computed by multiplying the
applicable Average Daily Attendance by the Foundation Level as determined under
this Section.
(L) Payments, Additional Grants in Aid and Other Requirements.
(1) For a school district operating under the financial supervision
of an Authority created under Article 34A, the general State aid otherwise
payable to that district under this Section, but not the supplemental general
State aid, shall be reduced by an amount equal to the budget for
the operations of the Authority as certified by the Authority to the State
Board of Education, and an amount equal to such reduction shall be paid
to the Authority created for such district for its operating expenses in
the manner provided in Section 18‑11. The remainder
of general State school aid for any such district shall be paid in accordance
with Article 34A when that Article provides for a disposition other than that
provided by this Article.
(2) (Blank).
(3) Summer school. Summer school payments shall be made as provided in
Section 18‑4.3.
(M) Education Funding Advisory Board.
The Education Funding Advisory
Board, hereinafter in this subsection (M) referred to as the "Board", is hereby
created. The Board
shall consist of 5 members who are appointed by the Governor, by and with the
advice and consent of the Senate. The members appointed shall include
representatives of education, business, and the general public. One of the
members so appointed shall be
designated by the Governor at the time the appointment is made as the
chairperson of the
Board.
The initial members of the Board may
be appointed any time after the effective date of this amendatory Act of
1997. The regular term of each member of the
Board shall be for 4 years from the third Monday of January of the
year in which the term of the member's appointment is to commence, except that
of the 5 initial members appointed to serve on the
Board, the member who is appointed as the chairperson shall serve for
a term that commences on the date of his or her appointment and expires on the
third Monday of January, 2002, and the remaining 4 members, by lots drawn at
the first meeting of the Board that is
held
after all 5 members are appointed, shall determine 2 of their number to serve
for terms that commence on the date of their
respective appointments and expire on the third
Monday of January, 2001,
and 2 of their number to serve for terms that commence
on the date of their respective appointments and expire on the third Monday
of January, 2000. All members appointed to serve on the
Board shall serve until their respective successors are
appointed and confirmed. Vacancies shall be filled in the same manner as
original appointments. If a vacancy in membership occurs at a time when the
Senate is not in session, the Governor shall make a temporary appointment until
the next meeting of the Senate, when he or she shall appoint, by and with the
advice and consent of the Senate, a person to fill that membership for the
unexpired term. If the Senate is not in session when the initial appointments
are made, those appointments shall
be made as in the case of vacancies.
The Education Funding Advisory Board shall be deemed established,
and the initial
members appointed by the Governor to serve as members of the
Board shall take office,
on the date that the
Governor makes his or her appointment of the fifth initial member of the
Board, whether those initial members are then serving
pursuant to appointment and confirmation or pursuant to temporary appointments
that are made by the Governor as in the case of vacancies.
The State Board of Education shall provide such staff assistance to the
Education Funding Advisory Board as is reasonably required for the proper
performance by the Board of its responsibilities.
For school years after the 2000‑2001 school year, the Education
Funding Advisory Board, in consultation with the State Board of Education,
shall make recommendations as provided in this subsection (M) to the General
Assembly for the foundation level under subdivision (B)(3) of this Section and
for the
supplemental general State aid grant level under subsection (H) of this Section
for districts with high concentrations of children from poverty. The
recommended foundation level shall be determined based on a methodology which
incorporates the basic education expenditures of low‑spending schools
exhibiting high academic performance. The Education Funding Advisory Board
shall make such recommendations to the General Assembly on January 1 of odd
numbered years, beginning January 1, 2001.
(N) (Blank).
(O) References.
(1) References in other laws to the various subdivisions of
Section 18‑8 as that Section existed before its repeal and replacement by this
Section 18‑8.05 shall be deemed to refer to the corresponding provisions of
this Section 18‑8.05, to the extent that those references remain applicable.
(2) References in other laws to State Chapter 1 funds shall be deemed to
refer to the supplemental general State aid provided under subsection (H) of
this Section.
(P) Public Act 93‑838 and Public Act 93‑808 make inconsistent changes to this Section. Under Section 6 of the Statute on Statutes there is an irreconcilable conflict between Public Act 93‑808 and Public Act 93‑838. Public Act 93‑838, being the last acted upon, is controlling. The text of Public Act 93‑838 is the law regardless of the text of Public Act 93‑808.
(Source: P.A. 93‑21, eff. 7‑1‑03; 93‑715, eff. 7‑12‑04; 93‑808, eff. 7‑26‑04; 93‑838, eff. 7‑30‑04; 93‑875, eff. 8‑6‑04; 94‑69, eff. 7‑1‑05.)
(Text of Section from P.A. 94‑438)
Sec. 18‑8.05. Basis for apportionment of general State financial aid and
supplemental general State aid to the common schools for the 1998‑1999 and
subsequent school years.
(A) General Provisions.
(1) The provisions of this Section apply to the 1998‑1999 and subsequent
school years. The system of general State financial aid provided for in this
Section
is designed to assure that, through a combination of State financial aid and
required local resources, the financial support provided each pupil in Average
Daily Attendance equals or exceeds a
prescribed per pupil Foundation Level. This formula approach imputes a level
of per pupil Available Local Resources and provides for the basis to calculate
a per pupil level of general State financial aid that, when added to Available
Local Resources, equals or exceeds the Foundation Level. The
amount of per pupil general State financial aid for school districts, in
general, varies in inverse
relation to Available Local Resources. Per pupil amounts are based upon
each school district's Average Daily Attendance as that term is defined in this
Section.
(2) In addition to general State financial aid, school districts with
specified levels or concentrations of pupils from low income households are
eligible to receive supplemental general State financial aid grants as provided
pursuant to subsection (H).
The supplemental State aid grants provided for school districts under
subsection (H) shall be appropriated for distribution to school districts as
part of the same line item in which the general State financial aid of school
districts is appropriated under this Section.
(3) To receive financial assistance under this Section, school districts
are required to file claims with the State Board of Education, subject to the
following requirements:
(a) Any school district which fails for any given
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school year to maintain school as required by law, or to maintain a recognized school is not eligible to file for such school year any claim upon the Common School Fund. In case of nonrecognition of one or more attendance centers in a school district otherwise operating recognized schools, the claim of the district shall be reduced in the proportion which the Average Daily Attendance in the attendance center or centers bear to the Average Daily Attendance in the school district. A "recognized school" means any public school which meets the standards as established for recognition by the State Board of Education. A school district or attendance center not having recognition status at the end of a school term is entitled to receive State aid payments due upon a legal claim which was filed while it was recognized.
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(b) School district claims filed under this Section
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are subject to Sections 18‑9, 18‑10, and 18‑12, except as otherwise 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 district shall be determined by the State Board of Education in accordance with this Section as near as may be applicable.
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(d) (Blank).
(4) Except as provided in subsections (H) and (L), the board of any district
receiving any of the grants provided for in this Section may apply those funds
to any fund so received for which that board is authorized to make expenditures
by law.
School districts are not required to exert a minimum Operating Tax Rate in
order to qualify for assistance under this Section.
(5) As used in this Section the following terms, when capitalized, shall
have the meaning ascribed herein:
(a) "Average Daily Attendance": A count of pupil
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attendance in school, averaged as provided for in subsection (C) and utilized in deriving per pupil financial 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 Daily Attendance and derived as provided pursuant to 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 relation to the abolition of ad valorem personal property tax and the replacement of revenues lost thereby, and amending and repealing certain Acts and parts of Acts in connection therewith", certified August 14, 1979, as amended (Public Act 81‑1st S.S.‑1).
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(d) "Foundation Level": A prescribed level of per
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pupil financial support as provided for in subsection (B).
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(e) "Operating Tax Rate": All school district
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property taxes extended for all purposes, except Bond and Interest, Summer School, Rent, Capital Improvement, and Vocational Education Building purposes.
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(B) Foundation Level.
(1) The Foundation Level is a figure established by the State representing
the minimum level of per pupil financial support that should be available to
provide for the basic education of each pupil in
Average Daily Attendance. As set forth in this Section, each school district
is assumed to exert
a sufficient local taxing effort such that, in combination with the aggregate
of general State
financial aid provided the district, an aggregate of State and local resources
are available to meet
the basic education needs of pupils in the district.
(2) For the 1998‑1999 school year, the Foundation Level of support is
$4,225. For the 1999‑2000 school year, the Foundation Level of support is
$4,325. For the 2000‑2001 school year, the Foundation Level of support is
$4,425. For the 2001‑2002 school year and 2002‑2003 school year, the
Foundation Level of support is $4,560. For the 2003‑2004 school year, the Foundation Level of support is $4,810.
(3) For the 2004‑2005 school year and each school year thereafter,
the Foundation Level of support is $4,964 or such greater amount as
may be established by law by the General Assembly.
(C) Average Daily Attendance.
(1) For purposes of calculating general State aid pursuant to subsection
(E), an Average Daily Attendance figure shall be utilized. The Average Daily
Attendance figure for formula
calculation purposes shall be the monthly average of the actual number of
pupils in attendance of
each school district, as further averaged for the best 3 months of pupil
attendance for each
school district. In compiling the figures for the number of pupils in
attendance, school districts
and the State Board of Education shall, for purposes of general State aid
funding, conform
attendance figures to the requirements of subsection (F).
(2) The Average Daily Attendance figures utilized in subsection (E) shall be
the requisite attendance data for the school year immediately preceding
the
school year for which general State aid is being calculated
or the average of the attendance data for the 3 preceding school
years, whichever is greater. The Average Daily Attendance figures
utilized in subsection (H) shall be the requisite attendance data for the
school year immediately preceding the school year for which general
State aid is being calculated.
(D) Available Local Resources.
(1) For purposes of calculating general State aid pursuant to subsection
(E), a representation of Available Local Resources per pupil, as that term is
defined and determined in this subsection, shall be utilized. Available Local
Resources per pupil shall include a calculated
dollar amount representing local school district revenues from local property
taxes and from
Corporate Personal Property Replacement Taxes, expressed on the basis of pupils
in Average
Daily Attendance. Calculation of Available Local Resources shall exclude any tax amnesty funds received as a result of Public Act 93‑26.
(2) In determining a school district's revenue from local property taxes,
the State Board of Education shall utilize the equalized assessed valuation of
all taxable property of each school
district as of September 30 of the previous year. The equalized assessed
valuation utilized shall
be obtained and determined as provided in subsection (G).
(3) For school districts maintaining grades kindergarten through 12, local
property tax
revenues per pupil shall be calculated as the product of the applicable
equalized assessed
valuation for the district multiplied by 3.00%, and divided by the district's
Average Daily
Attendance figure. For school districts maintaining grades kindergarten
through 8, local
property tax revenues per pupil shall be calculated as the product of the
applicable equalized
assessed valuation for the district multiplied by 2.30%, and divided by the
district's Average
Daily Attendance figure. For school districts maintaining grades 9 through 12,
local property
tax revenues per pupil shall be the applicable equalized assessed valuation of
the district
multiplied by 1.05%, and divided by the district's Average Daily
Attendance
figure.
(4) The Corporate Personal Property Replacement Taxes paid to each school
district during the calendar year 2 years before the calendar year in which a
school year begins, divided by the Average Daily Attendance figure for that
district, shall be added to the local property tax revenues per pupil as
derived by the application of the immediately preceding paragraph (3). The sum
of these per pupil figures for each school district shall constitute Available
Local Resources as that term is utilized in subsection (E) in the calculation
of general State aid.
(E) Computation of General State Aid.
(1) For each school year, the amount of general State aid allotted to a
school district shall be computed by the State Board of Education as provided
in this subsection.
(2) For any school district for which Available Local Resources per pupil
is less than the product of 0.93 times the Foundation Level, general State aid
for that district shall be calculated as an amount equal to the Foundation
Level minus Available Local Resources, multiplied by the Average Daily
Attendance of the school district.
(3) For any school district for which Available Local Resources per pupil
is equal to or greater than the product of 0.93 times the Foundation Level and
less than the product of 1.75 times the Foundation Level, the general State aid
per pupil shall be a decimal proportion of the Foundation Level derived using a
linear algorithm. Under this linear algorithm, the calculated general State
aid per pupil shall decline in direct linear fashion from 0.07 times the
Foundation Level for a school district with Available Local Resources equal to
the product of 0.93 times the Foundation Level, to 0.05 times the Foundation
Level for a school district with Available Local Resources equal to the product
of 1.75 times the Foundation Level. The allocation of general
State aid for school districts subject to this paragraph 3 shall be the
calculated general State aid
per pupil figure multiplied by the Average Daily Attendance of the school
district.
(4) For any school district for which Available Local Resources per pupil
equals or exceeds the product of 1.75 times the Foundation Level, the general
State aid for the school district shall be calculated as the product of $218
multiplied by the Average Daily Attendance of the school
district.
(5) The amount of general State aid allocated to a school district for
the 1999‑2000 school year meeting the requirements set forth in paragraph (4)
of subsection
(G) shall be increased by an amount equal to the general State aid that
would have been received by the district for the 1998‑1999 school year by
utilizing the Extension Limitation Equalized Assessed Valuation as calculated
in paragraph (4) of subsection (G) less the general State aid allotted for the
1998‑1999
school year. This amount shall be deemed a one time increase, and shall not
affect any future general State aid allocations.
(F) Compilation of Average Daily Attendance.
(1) Each school district shall, by July 1 of each year, submit to the State
Board of Education, on forms prescribed by the State Board of Education,
attendance figures for the school year that began in the preceding calendar
year. The attendance information so transmitted shall identify the average
daily attendance figures for each month of the school year. Beginning with
the general State aid claim form for the 2002‑2003 school
year, districts shall calculate Average Daily Attendance as provided in
subdivisions (a), (b), and (c) of this paragraph (1).
(a) In districts that do not hold year‑round
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classes, days of attendance in August shall be added to the month of September and any days of attendance in June shall be added to the month of May.
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(b) In districts in which all buildings hold
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year‑round classes, days of attendance in July and August shall be added to the month of September and any days of attendance in June shall be added to the month of May.
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(c) In districts in which some buildings, but not
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all, hold year‑round classes, for the non‑year‑round buildings, days of attendance in August shall be added to the month of September and any days of attendance in June shall be added to the month of May. The average daily attendance for the year‑round buildings shall be computed as provided in subdivision (b) of this paragraph (1). To calculate the Average Daily Attendance for the district, the average daily attendance for the year‑round buildings shall be multiplied by the days in session for the non‑year‑round buildings for each month and added to the monthly attendance of the non‑year‑round buildings.
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Except as otherwise provided in this Section, days of
attendance by pupils shall be counted only for sessions of not less than
5 clock hours of school work per day under direct supervision of: (i)
teachers, or (ii) non‑teaching personnel or volunteer personnel when engaging
in non‑teaching duties and supervising in those instances specified in
subsection (a) of Section 10‑22.34 and paragraph 10 of Section 34‑18, with
pupils of legal school age and in kindergarten and grades 1 through 12.
Days of attendance by tuition pupils shall be accredited only to the
districts that pay the tuition to a recognized school.
(2) Days of attendance by pupils of less than 5 clock hours of school
shall be subject to the following provisions in the compilation of Average
Daily Attendance.
(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 of 1/6 day for every class hour of instruction of 40 minutes or more attended pursuant to such enrollment, unless a pupil is enrolled in a block‑schedule format of 80 minutes or more of instruction, in which case the pupil may be counted on the basis of the proportion of minutes of school work completed each day to the minimum number of 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
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hours on the opening and closing of the school term, and upon the first day of pupil attendance, if preceded by a day or days utilized as an institute or teachers' workshop.
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(c) A session of 4 or more clock hours may be
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counted as a day of attendance upon certification by the regional superintendent, and approved by the State Superintendent of Education to the extent that the district has been forced to use daily multiple sessions.
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(d) A session of 3 or more clock hours may be
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counted as a day of attendance (1) when the remainder of the school day or at least 2 hours in the evening of that day is utilized for an in‑service training program for teachers, up to a maximum of 5 days per school year of which a maximum of 4 days of such 5 days may be used for parent‑teacher conferences, provided a district conducts an in‑service training program for teachers which has been approved by the State Superintendent of Education; or, in lieu of 4 such days, 2 full days may be used, in which event each such day may be counted as a day of attendance; and (2) when days in addition to those provided in item (1) are scheduled by a school pursuant to its school improvement plan adopted under Article 34 or its revised or amended school improvement plan adopted under Article 2, provided that (i) such sessions of 3 or more clock hours are scheduled to occur at regular intervals, (ii) the remainder of the school days in which such sessions occur are utilized for in‑service training programs or other staff development activities for teachers, and (iii) a sufficient number of minutes of school work under the direct supervision of teachers are added to the school days between such regularly scheduled sessions to accumulate not less than the number of minutes by which such sessions of 3 or more clock hours fall short of 5 clock hours. Any full days used for the purposes of this paragraph shall not be considered for computing average daily attendance. Days scheduled for in‑service training programs, staff development activities, or parent‑teacher conferences may be scheduled separately for different grade levels and 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 telephone to the classroom may be counted as 1/2 day of attendance, however these pupils must receive 4 or more clock hours of instruction to be counted for a full day of attendance.
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(f) A session of at least 4 clock hours may be
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counted as a day of attendance for first grade pupils, and pupils in full day kindergartens, and a session of 2 or more hours may be counted as 1/2 day of attendance by pupils in kindergartens which provide only 1/2 day of attendance.
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(g) For children with disabilities who are below the
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age of 6 years and who cannot attend 2 or more clock hours because of their disability or immaturity, a session of not less than one clock hour may be counted as 1/2 day of attendance; however for such children whose educational needs so require a session of 4 or more clock hours may be counted as a full day of attendance.
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(h) A recognized kindergarten which provides for
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only 1/2 day of attendance by each pupil shall not have more than 1/2 day of attendance counted in any one day. However, kindergartens may count 2 1/2 days of attendance in any 5 consecutive school days. When a pupil attends such a kindergarten for 2 half days on any one school day, the pupil shall have the following day as a day absent from school, unless the school district obtains permission in writing from the State Superintendent of Education. Attendance at kindergartens which provide for a full day of attendance by each pupil shall be counted the same as attendance by first grade pupils. Only the first year of attendance in one kindergarten shall be counted, except in case of children who entered the kindergarten in their fifth year whose educational development requires a second year of kindergarten as determined under the rules and regulations of the State Board of Education.
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(i) On the days when the Prairie State Achievement
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Examination is administered under subsection (c) of Section 2‑3.64 of this Code, the day of attendance for a pupil whose school day must be shortened to accommodate required testing procedures may be less than 5 clock hours and shall be counted towards the 176 days of actual pupil attendance required under Section 10‑19 of this Code, provided that a sufficient number of minutes of school work in excess of 5 clock hours are first completed on other school days to compensate for the loss of school work on the examination days.
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(G) Equalized Assessed Valuation Data.
(1) For purposes of the calculation of Available Local Resources required
pursuant to subsection (D), the
State Board of Education shall secure from the Department of
Revenue the value as equalized or assessed by the Department of Revenue of
all taxable property of every school district, together with (i) the applicable
tax rate used in extending taxes for the funds of the district as of
September 30 of the previous year
and (ii) the limiting rate for all school
districts subject to property tax extension limitations as imposed under the
Property Tax Extension Limitation Law.
The Department of Revenue shall add to the equalized assessed value of all
taxable
property of each school district situated entirely or partially within a county
that is or was subject to the alternative general homestead exemption provisions of Section 15‑176 of the Property Tax Code (a) an amount equal to the total amount by which the
homestead exemption allowed under Section 15‑176 of the Property Tax Code for
real
property situated in that school district exceeds the total amount that would
have been
allowed in that school district if the maximum reduction under Section 15‑176
was
(i) $4,500 in Cook County or $3,500 in all other counties in tax year 2003 or (ii) $5,000 in all counties in tax year 2004 and thereafter and (b) an amount equal to the aggregate amount for the taxable year of all additional exemptions under Section 15‑175 of the Property Tax Code for owners with a household income of $30,000 or less. The county clerk of any county that is or was subject to the alternative general homestead exemption provisions of Section 15‑176 of the Property Tax Code shall
annually calculate and certify to the Department of Revenue for each school
district all
homestead exemption amounts under Section 15‑176 of the Property Tax Code and all amounts of additional exemptions under Section 15‑175 of the Property Tax Code for owners with a household income of $30,000 or less. It is the intent of this paragraph that if the general homestead exemption for a parcel of property is determined under Section 15‑176 of the Property Tax Code rather than Section 15‑175, then the calculation of Available Local Resources shall not be affected by the difference, if any, between the amount of the general homestead exemption allowed for that parcel of property under Section 15‑176 of the Property Tax Code and the amount that would have been allowed had the general homestead exemption for that parcel of property been determined under Section 15‑175 of the Property Tax Code. It is further the intent of this paragraph that if additional exemptions are allowed under Section 15‑175 of the Property Tax Code for owners with a household income of less than $30,000, then the calculation of Available Local Resources shall not be affected by the difference, if any, because of those additional exemptions.
This equalized assessed valuation, as adjusted further by the requirements of
this subsection, shall be utilized in the calculation of Available Local
Resources.
(2) The equalized assessed valuation in paragraph (1) shall be adjusted, as
applicable, in the following manner:
(a) For the purposes of calculating State aid under
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this Section, with respect to any part of a school district within a redevelopment project area in respect to which a municipality has adopted tax increment allocation financing pursuant to the Tax Increment Allocation Redevelopment Act, Sections 11‑74.4‑1 through 11‑74.4‑11 of the Illinois Municipal Code or the Industrial Jobs Recovery Law, Sections 11‑74.6‑1 through 11‑74.6‑50 of the Illinois Municipal Code, no part of the current equalized assessed valuation of real property located in any such project area which is attributable to an increase above the total initial equalized assessed valuation of such property shall be used as part of the equalized assessed valuation of the district, until such time as all redevelopment project costs have been paid, as provided in Section 11‑74.4‑8 of the Tax Increment Allocation Redevelopment Act or in Section 11‑74.6‑35 of the Industrial Jobs Recovery Law. For the purpose of the equalized assessed valuation of the district, the total initial equalized assessed valuation or the current equalized assessed valuation, whichever is lower, shall be used until such time as all redevelopment project costs have been paid.
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(b) The real property equalized assessed valuation
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for a school district shall be adjusted by subtracting from the real property value as equalized or assessed by the Department of Revenue for the district an amount computed by dividing the amount of any abatement of taxes under Section 18‑170 of the Property Tax Code by 3.00% for a district maintaining grades kindergarten through 12, by 2.30% for a district maintaining grades kindergarten through 8, or by 1.05% for a district maintaining grades 9 through 12 and adjusted by an amount computed by dividing the amount of any abatement of taxes under subsection (a) of Section 18‑165 of the Property Tax Code by the same percentage rates for district type as specified in this subparagraph (b).
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(3) For the 1999‑2000 school year and each school year thereafter, if a
school district meets all of the criteria of this subsection (G)(3), the school
district's Available Local Resources shall be calculated under subsection (D)
using the district's Extension Limitation Equalized Assessed Valuation as
calculated under this
subsection (G)(3).
For purposes of this subsection (G)(3) the following terms shall have
the following meanings:
"Budget Year": The school year for which general
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State aid is calculated and awarded under subsection (E).
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"Base Tax Year": The property tax levy year used to
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calculate the Budget Year allocation of general State aid.
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"Preceding Tax Year": The property tax levy year
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immediately preceding the Base Tax Year.
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"Base Tax Year's Tax Extension": The product of the
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equalized assessed valuation utilized by the County Clerk in the Base Tax Year multiplied by the limiting rate as calculated by the County Clerk and defined in the Property Tax Extension Limitation Law.
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"Preceding Tax Year's Tax Extension": The product of
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the equalized assessed valuation utilized by the County Clerk in the Preceding Tax Year multiplied by the Operating Tax Rate as defined in subsection (A).
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"Extension Limitation Ratio": A numerical ratio,
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certified by the County Clerk, in which the numerator is the Base Tax Year's Tax Extension and the denominator is the Preceding Tax Year's Tax Extension.
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"Operating Tax Rate": The operating tax rate as
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defined in subsection (A).
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If a school district is subject to property tax extension limitations as
imposed under
the Property Tax Extension Limitation Law, the State Board of Education shall
calculate the Extension
Limitation
Equalized Assessed Valuation of that district. For the 1999‑2000 school
year, the
Extension Limitation Equalized Assessed Valuation of a school district as
calculated by the State Board of Education shall be equal to the product of the
district's 1996 Equalized Assessed Valuation and the district's Extension
Limitation Ratio. For the 2000‑2001 school year and each school year
thereafter,
the Extension Limitation Equalized Assessed Valuation of a school district as
calculated by the State Board of Education shall be equal to the product of
the Equalized Assessed Valuation last used in the calculation of general State
aid and the
district's Extension Limitation Ratio. If the Extension Limitation
Equalized
Assessed Valuation of a school district as calculated under
this subsection (G)(3) is less than the district's equalized assessed valuation
as calculated pursuant to subsections (G)(1) and (G)(2), then for purposes of
calculating the district's general State aid for the Budget Year pursuant to
subsection (E), that Extension
Limitation Equalized Assessed Valuation shall be utilized to calculate the
district's Available Local Resources
under subsection (D).
(4) For the purposes of calculating general State aid for the 1999‑2000
school year only, if a school district experienced a triennial reassessment on
the equalized assessed valuation used in calculating its general State
financial aid apportionment for the 1998‑1999 school year, the State Board of
Education shall calculate the Extension Limitation Equalized Assessed Valuation
that would have been used to calculate the district's 1998‑1999 general State
aid. This amount shall equal the product of the equalized assessed valuation
used to
calculate general State aid for the 1997‑1998 school year and the district's
Extension Limitation Ratio. If the Extension Limitation Equalized Assessed
Valuation of the school district as calculated under this paragraph (4) is
less than the district's equalized assessed valuation utilized in calculating
the
district's 1998‑1999 general State aid allocation, then for purposes of
calculating the district's general State aid pursuant to paragraph (5) of
subsection (E),
that Extension Limitation Equalized Assessed Valuation shall be utilized to
calculate the district's Available Local Resources.
(5) For school districts having a majority of their equalized assessed
valuation in any county except Cook, DuPage, Kane, Lake, McHenry, or Will, if
the amount of general State aid allocated to the school district for the
1999‑2000 school year under the provisions of subsection (E), (H), and (J) of
this Section is less than the amount of general State aid allocated to the
district for the 1998‑1999 school year under these subsections, then the
general
State aid of the district for the 1999‑2000 school year only shall be increased
by the difference between these amounts. The total payments made under this
paragraph (5) shall not exceed $14,000,000. Claims shall be prorated if they
exceed $14,000,000.
(H) Supplemental General State Aid.
(1) In addition to the general State aid a school district is allotted
pursuant to subsection (E), qualifying school districts shall receive a grant,
paid in conjunction with a district's payments of general State aid, for
supplemental general State aid based upon the concentration level of children
from low‑income households within the school district.
Supplemental State aid grants provided for school districts under this
subsection shall be appropriated for distribution to school districts as part
of the same line item in which the general State financial aid of school
districts is appropriated under this Section.
If the appropriation in any fiscal year for general State aid and
supplemental general State aid is insufficient to pay the amounts required
under the general State aid and supplemental general State aid calculations,
then the
State Board of Education shall ensure that
each school district receives the full amount due for general State aid
and the remainder of the appropriation shall be used
for supplemental general State aid, which the State Board of Education shall
calculate and pay to eligible districts on a prorated basis.
(1.5) This paragraph (1.5) applies only to those school years
preceding the 2003‑2004 school year.
For purposes of this
subsection (H), the term "Low‑Income Concentration Level" shall be the
low‑income
eligible pupil count from the most recently available federal census divided by
the Average Daily Attendance of the school district.
If, however, (i) the percentage decrease from the 2 most recent federal
censuses
in the low‑income eligible pupil count of a high school district with fewer
than 400 students exceeds by 75% or more the percentage change in the total
low‑income eligible pupil count of contiguous elementary school districts,
whose boundaries are coterminous with the high school district,
or (ii) a high school district within 2 counties and serving 5 elementary
school
districts, whose boundaries are coterminous with the high school
district, has a percentage decrease from the 2 most recent federal
censuses in the low‑income eligible pupil count and there is a percentage
increase in the total low‑income eligible pupil count of a majority of the
elementary school districts in excess of 50% from the 2 most recent
federal censuses, then
the
high school district's low‑income eligible pupil count from the earlier federal
census
shall be the number used as the low‑income eligible pupil count for the high
school district, for purposes of this subsection (H).
The changes made to this paragraph (1) by Public Act 92‑28 shall apply to
supplemental general State aid
grants for school years preceding the 2003‑2004 school year that are paid
in fiscal year 1999 or thereafter
and to
any State aid payments made in fiscal year 1994 through fiscal year
1998 pursuant to subsection 1(n) of Section 18‑8 of this Code (which was
repealed on July 1, 1998), and any high school district that is affected by
Public Act 92‑28 is
entitled to a
recomputation of its supplemental general State aid grant or State aid
paid in any of those fiscal years. This recomputation shall not be
affected by any other funding.
(1.10) This paragraph (1.10) applies to the 2003‑2004 school year
and each school year thereafter. For purposes of this subsection (H), the
term "Low‑Income Concentration Level" shall, for each fiscal year, be the
low‑income eligible
pupil count
as of July 1 of the immediately preceding fiscal year
(as determined by the Department of Human Services based
on the number of pupils
who are eligible for at least one of the following
low income programs: Medicaid, KidCare, TANF, or Food Stamps,
excluding pupils who are eligible for services provided by the Department
of Children and Family Services,
averaged over
the 2 immediately preceding fiscal years for fiscal year 2004 and over the 3
immediately preceding fiscal years for each fiscal year thereafter)
divided by the Average Daily Attendance of the school district.
(2) Supplemental general State aid pursuant to this subsection (H) shall
be
provided as follows for the 1998‑1999, 1999‑2000, and 2000‑2001 school years
only:
(a) For any school district with a Low Income
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Concentration Level of at least 20% and less than 35%, the grant for any school year shall be $800 multiplied by the low income eligible pupil count.
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(b) For any school district with a Low Income
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Concentration Level of at least 35% and less than 50%, the grant for the 1998‑1999 school year shall be $1,100 multiplied by the low income eligible pupil count.
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(c) For any school district with a Low Income
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Concentration Level of at least 50% and less than 60%, the grant for the 1998‑99 school year shall be $1,500 multiplied by the low income eligible pupil count.
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(d) For any school district with a Low Income
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Concentration Level of 60% or more, the grant for the 1998‑99 school year shall be $1,900 multiplied by the low income eligible pupil count.
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(e) For the 1999‑2000 school year, the per pupil
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amount specified in subparagraphs (b), (c), and (d) immediately above shall be increased to $1,243, $1,600, and $2,000, respectively.
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(f) For the 2000‑2001 school year, the per pupil
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amounts specified in subparagraphs (b), (c), and (d) immediately above shall be $1,273, $1,640, and $2,050, respectively.
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(2.5) Supplemental general State aid pursuant to this subsection (H)
shall be provided as follows for the 2002‑2003 school year:
(a) For any school district with a Low Income
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Concentration Level of less than 10%, the grant for each school year shall be $355 multiplied by the low income eligible pupil count.
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(b) For any school district with a Low Income
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Concentration Level of at least 10% and less than 20%, the grant for each school year shall be $675 multiplied by the low income eligible pupil count.
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(c) For any school district with a Low Income
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Concentration Level of at least 20% and less than 35%, the grant for each school year shall be $1,330 multiplied by the low income eligible pupil count.
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(d) For any school district with a Low Income
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Concentration Level of at least 35% and less than 50%, the grant for each school year shall be $1,362 multiplied by the low income eligible pupil count.
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(e) For any school district with a Low Income
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Concentration Level of at least 50% and less than 60%, the grant for each school year shall be $1,680 multiplied by the low income eligible pupil count.
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(f) For any school district with a Low Income
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Concentration Level of 60% or more, the grant for each school year shall be $2,080 multiplied by the low income eligible pupil count.
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(2.10) Except as otherwise provided, supplemental general State aid
pursuant to this subsection
(H) shall be provided as follows for the 2003‑2004 school year and each
school year thereafter:
(a) For any school district with a Low Income
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Concentration Level of 15% or less, the grant for each school year shall be $355 multiplied by the low income eligible pupil count.
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(b) For any school district with a Low Income
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Concentration Level greater than 15%, the grant for each school year shall be $294.25 added to the product of $2,700 and the square of the Low Income Concentration Level, all multiplied by the low income eligible pupil count.
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For the 2003‑2004 and 2004‑2005 school year only, the grant shall be no less than the
grant
for
the 2002‑2003 school year. For the 2005‑2006 school year only, the grant shall
be no
less than the grant for the 2002‑2003 school year multiplied by 0.66. For the
2006‑2007
school year only, the grant shall be no less than the grant for the 2002‑2003
school year
multiplied by 0.33.
For the 2003‑2004 school year only, the grant shall be no greater
than the grant received during the 2002‑2003 school year added to the
product of 0.25 multiplied by the difference between the grant amount
calculated under subsection (a) or (b) of this paragraph (2.10), whichever
is applicable, and the grant received during the 2002‑2003 school year.
For the 2004‑2005 school year only, the grant shall be no greater than
the grant received during the 2002‑2003 school year added to the
product of 0.50 multiplied by the difference between the grant amount
calculated under subsection (a) or (b) of this paragraph (2.10), whichever
is applicable, and the grant received during the 2002‑2003 school year.
For the 2005‑2006 school year only, the grant shall be no greater than
the grant received during the 2002‑2003 school year added to the
product of 0.75 multiplied by the difference between the grant amount
calculated under subsection (a) or (b) of this paragraph (2.10), whichever
is applicable, and the grant received during the 2002‑2003
school year.
(3) School districts with an Average Daily Attendance of more than 1,000
and less than 50,000 that qualify for supplemental general State aid pursuant
to this subsection shall submit a plan to the State Board of Education prior to
October 30 of each year for the use of the funds resulting from this grant of
supplemental general State aid for the improvement of
instruction in which priority is given to meeting the education needs of
disadvantaged children. Such plan shall be submitted in accordance with
rules and regulations promulgated by the State Board of Education.
(4) School districts with an Average Daily Attendance of 50,000 or more
that qualify for supplemental general State aid pursuant to this subsection
shall be required to distribute from funds available pursuant to this Section,
no less than $261,000,000 in accordance with the following requirements:
(a) The required amounts shall be distributed to the
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attendance centers within the district in proportion to the number of pupils enrolled at each attendance center who are eligible to receive free or reduced‑price lunches or breakfasts under the federal Child Nutrition Act of 1966 and under the National School Lunch Act during the immediately preceding school year.
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(b) The distribution of these portions of
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supplemental and general State aid among attendance centers according to these requirements shall not be compensated for or contravened by adjustments of the total of other funds appropriated to any attendance centers, and the Board of Education shall utilize funding from one or several sources in order to fully implement this provision annually prior to the opening of school.
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(c) Each attendance center shall be provided by the
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school district a distribution of noncategorical funds and other categorical funds to which an attendance center is entitled under law in order that the general State aid and supplemental general State aid provided by application of this subsection supplements rather than supplants the noncategorical funds and other categorical funds provided by the school district to the attendance centers.
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(d) Any funds made available under this subsection
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that by reason of the provisions of this subsection are not required to be allocated and provided to attendance centers may be used and appropriated by the board of the district for any lawful school purpose.
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(e) Funds received by an attendance center pursuant
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to this subsection shall be used by the attendance center at the discretion of the principal and local school council for programs to improve educational opportunities at qualifying schools through the following programs and services: early childhood education, reduced class size or improved adult to student classroom ratio, enrichment programs, remedial assistance, attendance improvement, and other educationally beneficial expenditures which supplement the regular and basic programs as determined by the State Board of Education. Funds provided shall not be expended for any political or lobbying purposes as defined by board rule.
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(f) Each district subject to the provisions of this
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subdivision (H)(4) shall submit an acceptable plan to meet the educational needs of disadvantaged children, in compliance with the requirements of this paragraph, to the State Board of Education prior to July 15 of each year. This plan shall be consistent with the decisions of local school councils concerning the school expenditure plans developed in accordance with part 4 of Section 34‑2.3. The State Board shall approve or reject the plan within 60 days after its submission. If the plan is rejected, the district shall give written notice of intent to modify the plan within 15 days of the notification of rejection and then submit a modified plan within 30 days after the date of the written notice of intent to modify. Districts may amend approved plans pursuant to rules promulgated by the State Board of Education.
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Upon notification by the State Board of Education
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that the district has not submitted a plan prior to July 15 or a modified plan within the time period specified herein, the State aid funds affected by that plan or modified plan shall be withheld by the State Board of Education until a plan or modified plan is submitted.
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If the district fails to distribute State aid to
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attendance centers in accordance with an approved plan, the plan for the following year shall allocate funds, in addition to the funds otherwise required by this subsection, to those attendance centers which were underfunded during the previous year in amounts equal to such underfunding.
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For purposes of determining compliance with this
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subsection in relation to the requirements of attendance center funding, each district subject to the provisions of this subsection shall submit as a separate document by December 1 of each year a report of expenditure data for the prior year in addition to any modification of its current plan. If it is determined that there has been a failure to comply with the expenditure provisions of this subsection regarding contravention or supplanting, the State Superintendent of Education shall, within 60 days of receipt of the report, notify the district and any affected local school council. The district shall within 45 days of receipt of that notification inform the State Superintendent of Education of the remedial or corrective action to be taken, whether by amendment of the current plan, if feasible, or by adjustment in the plan for the following year. Failure to provide the expenditure report or the notification of remedial or corrective action in a timely manner shall result in a withholding of the affected funds.
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The State Board of Education shall promulgate rules
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and regulations to implement the provisions of this subsection. No funds shall be released under this subdivision (H)(4) to any district that has not submitted a plan that has been approved by the State Board of Education.
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(I) General State Aid for Newly Configured School Districts.
(1) For a new school district formed by combining property included
totally within 2 or more previously existing school districts, for its
first year of existence the general State aid and supplemental general State
aid calculated under this Section
shall be computed for the new district and for the previously existing
districts for which property is totally included
within the new district. If the computation on the basis of the previously
existing districts is greater, a supplementary payment equal to the difference
shall be made for the first 4 years of existence of the new district.
(2) For a school district which annexes all of the territory of one or more
entire other school districts, for the first year during which the change
of boundaries attributable to such annexation becomes effective for all
purposes as determined under Section 7‑9 or 7A‑8, the general State aid and
supplemental general State aid calculated
under this Section shall be computed for the annexing district as constituted
after the annexation and for the annexing and each annexed district as
constituted prior to the annexation; and if the computation on the basis of
the annexing and annexed districts as constituted prior to the annexation is
greater, a supplementary payment equal to the difference shall be made for
the first 4 years of existence of the annexing school district as
constituted upon such annexation.
(3) For 2 or more school districts which annex all of the territory of
one or more entire other school districts, and for 2 or more community unit
districts which result upon the division (pursuant to petition under
Section 11A‑2) of one or more other unit school districts into 2 or more
parts and which together include all of the parts into which such other
unit school district or districts are so divided, for the first year
during which the change of boundaries attributable to such annexation or
division becomes effective for all purposes as determined under Section 7‑9
or 11A‑10, as the case may be, the general State aid and supplemental general
State aid calculated under this Section
shall be computed for each annexing or resulting district as constituted
after the annexation or division and for each annexing and annexed
district, or for each resulting and divided district, as constituted prior
to the annexation or division; and if the aggregate of the general State aid
and supplemental general State aid as so
computed for the annexing or resulting districts as constituted after the
annexation or division is less than the aggregate of the general State aid and
supplemental general State aid as so computed for the annexing and annexed
districts, or for the resulting and divided districts, as constituted prior to
the annexation or division, then
a supplementary payment equal to the difference shall be made and allocated
between or among the annexing or resulting districts, as constituted upon
such annexation or division, for the first 4 years of their existence. The
total difference payment shall be allocated between or among the annexing
or resulting districts in the same ratio as the pupil enrollment from that
portion of the annexed or divided district or districts which is annexed to
or included in each such annexing or resulting district bears to the total
pupil enrollment from the entire annexed or divided district or districts,
as such pupil enrollment is determined for the school year last ending
prior to the date when the change of boundaries attributable to the
annexation or division becomes effective for all purposes. The amount of
the total difference payment and the amount thereof to be allocated to the
annexing or resulting districts shall be computed by the State Board of
Education on the basis of pupil enrollment and other data which shall be
certified to the State Board of Education, on forms which it shall provide
for that purpose, by the regional superintendent of schools for each
educational service region in which the annexing and annexed districts, or
resulting and divided districts are located.
(3.5) Claims for financial assistance under this subsection (I) shall
not be recomputed except as expressly provided under this Section.
(4) Any
supplementary payment made under this subsection (I)
shall be treated as separate from all other payments made pursuant to
this Section.
(J) Supplementary Grants in Aid.
(1) Notwithstanding any other provisions of this Section, the amount of the
aggregate general State aid in combination with supplemental general State aid
under this Section for which
each school district is eligible shall be no
less than the amount of the aggregate general State aid entitlement that was
received by the district under Section
18‑8 (exclusive of amounts received
under subsections 5(p) and 5(p‑5) of that Section)
for the 1997‑98 school year,
pursuant to the provisions of that Section as it was then in effect.
If a school district qualifies to receive a supplementary payment made under
this subsection (J), the amount
of the aggregate general State aid in combination with supplemental general
State aid under this Section
which that district is eligible to receive for each school year shall be no less than the amount of the aggregate
general State aid entitlement that was received by the district under
Section 18‑8 (exclusive of amounts received
under subsections 5(p) and 5(p‑5) of that Section)
for the 1997‑1998 school year, pursuant to the provisions of that
Section as it was then in effect.
(2) If, as provided in paragraph (1) of this subsection (J), a school
district is to receive aggregate general State aid in
combination with supplemental general State aid under this Section for the 1998‑99 school year and any subsequent school
year that in any such school year is less than the amount of the aggregate
general
State
aid entitlement that the district received for the 1997‑98 school year, the
school district shall also receive, from a separate appropriation made for
purposes of this subsection (J), a supplementary payment that is equal to the
amount of the difference in the aggregate State aid figures as described in
paragraph (1).
(3) (Blank).
(K) Grants to Laboratory and Alternative Schools.
In calculating the amount to be paid to the governing board of a public
university that operates a laboratory school under this Section or to any
alternative school that is operated by a regional superintendent of schools,
the State
Board of Education shall require by rule such reporting requirements as it
deems necessary.
As used in this Section, "laboratory school" means a public school which is
created and operated by a public university and approved by the State Board of
Education. The governing board of a public university which receives funds
from the State Board under this subsection (K) may not increase the number of
students enrolled in its laboratory
school from a single district, if that district is already sending 50 or more
students, except under a mutual agreement between the school board of a
student's district of residence and the university which operates the
laboratory school. A laboratory school may not have more than 1,000 students,
excluding students with disabilities in a special education program.
As used in this Section, "alternative school" means a public school which is
created and operated by a Regional Superintendent of Schools and approved by
the State Board of Education. Such alternative schools may offer courses of
instruction for which credit is given in regular school programs, courses to
prepare students for the high school equivalency testing program or vocational
and occupational training. A regional superintendent of schools may contract
with a school district or a public community college district to operate an
alternative school. An alternative school serving more than one educational
service region may be established by the regional superintendents of schools
of the affected educational service regions. An alternative school
serving more than one educational service region may be operated under such
terms as the regional superintendents of schools of those educational service
regions may agree.
Each laboratory and alternative school shall file, on forms provided by the
State Superintendent of Education, an annual State aid claim which states the
Average Daily Attendance of the school's students by month. The best 3 months'
Average Daily Attendance shall be computed for each school.
The general State aid entitlement shall be computed by multiplying the
applicable Average Daily Attendance by the Foundation Level as determined under
this Section.
(L) Payments, Additional Grants in Aid and Other Requirements.
(1) For a school district operating under the financial supervision
of an Authority created under Article 34A, the general State aid otherwise
payable to that district under this Section, but not the supplemental general
State aid, shall be reduced by an amount equal to the budget for
the operations of the Authority as certified by the Authority to the State
Board of Education, and an amount equal to such reduction shall be paid
to the Authority created for such district for its operating expenses in
the manner provided in Section 18‑11. The remainder
of general State school aid for any such district shall be paid in accordance
with Article 34A when that Article provides for a disposition other than that
provided by this Article.
(2) (Blank).
(3) Summer school. Summer school payments shall be made as provided in
Section 18‑4.3.
(M) Education Funding Advisory Board.
The Education Funding Advisory
Board, hereinafter in this subsection (M) referred to as the "Board", is hereby
created. The Board
shall consist of 5 members who are appointed by the Governor, by and with the
advice and consent of the Senate. The members appointed shall include
representatives of education, business, and the general public. One of the
members so appointed shall be
designated by the Governor at the time the appointment is made as the
chairperson of the
Board.
The initial members of the Board may
be appointed any time after the effective date of this amendatory Act of
1997. The regular term of each member of the
Board shall be for 4 years from the third Monday of January of the
year in which the term of the member's appointment is to commence, except that
of the 5 initial members appointed to serve on the
Board, the member who is appointed as the chairperson shall serve for
a term that commences on the date of his or her appointment and expires on the
third Monday of January, 2002, and the remaining 4 members, by lots drawn at
the first meeting of the Board that is
held
after all 5 members are appointed, shall determine 2 of their number to serve
for terms that commence on the date of their
respective appointments and expire on the third
Monday of January, 2001,
and 2 of their number to serve for terms that commence
on the date of their respective appointments and expire on the third Monday
of January, 2000. All members appointed to serve on the
Board shall serve until their respective successors are
appointed and confirmed. Vacancies shall be filled in the same manner as
original appointments. If a vacancy in membership occurs at a time when the
Senate is not in session, the Governor shall make a temporary appointment until
the next meeting of the Senate, when he or she shall appoint, by and with the
advice and consent of the Senate, a person to fill that membership for the
unexpired term. If the Senate is not in session when the initial appointments
are made, those appointments shall
be made as in the case of vacancies.
The Education Funding Advisory Board shall be deemed established,
and the initial
members appointed by the Governor to serve as members of the
Board shall take office,
on the date that the
Governor makes his or her appointment of the fifth initial member of the
Board, whether those initial members are then serving
pursuant to appointment and confirmation or pursuant to temporary appointments
that are made by the Governor as in the case of vacancies.
The State Board of Education shall provide such staff assistance to the
Education Funding Advisory Board as is reasonably required for the proper
performance by the Board of its responsibilities.
For school years after the 2000‑2001 school year, the Education
Funding Advisory Board, in consultation with the State Board of Education,
shall make recommendations as provided in this subsection (M) to the General
Assembly for the foundation level under subdivision (B)(3) of this Section and
for the
supplemental general State aid grant level under subsection (H) of this Section
for districts with high concentrations of children from poverty. The
recommended foundation level shall be determined based on a methodology which
incorporates the basic education expenditures of low‑spending schools
exhibiting high academic performance. The Education Funding Advisory Board
shall make such recommendations to the General Assembly on January 1 of odd
numbered years, beginning January 1, 2001.
(N) (Blank).
(O) References.
(1) References in other laws to the various subdivisions of
Section 18‑8 as that Section existed before its repeal and replacement by this
Section 18‑8.05 shall be deemed to refer to the corresponding provisions of
this Section 18‑8.05, to the extent that those references remain applicable.
(2) References in other laws to State Chapter 1 funds shall be deemed to
refer to the supplemental general State aid provided under subsection (H) of
this Section.
(P) Public Act 93‑838 and Public Act 93‑808 make inconsistent changes to this Section. Under Section 6 of the Statute on Statutes there is an irreconcilable conflict between Public Act 93‑808 and Public Act 93‑838. Public Act 93‑838, being the last acted upon, is controlling. The text of Public Act 93‑838 is the law regardless of the text of Public Act 93‑808.
(Source: P.A. 93‑21, eff. 7‑1‑03; 93‑715, eff. 7‑12‑04; 93‑808, eff. 7‑26‑04; 93‑838, eff. 7‑30‑04; 93‑875, eff. 8‑6‑04; 94‑438, eff. 8‑4‑05.)
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