110 ILCS 805/2-16.02
2021 Illinois Compiled Statutes|Chapter 110 - HIGHER EDUCATION|110 ILCS 805/ - Public Community College Act.|Article II - State Board Powers And Duties

 (from Ch. 122, par. 102-16.02)Sec. 2-16.02. Grants. Any community college district that maintains a  community college recognized by the State Board shall receive, when eligible,  grants enumerated in this Section.  Funded semester credit hours or other  measures or both as specified by the State Board shall be used to distribute  grants to community colleges.  Funded semester credit hours shall be defined,  for purposes of this Section, as the greater of  (1) the number of semester credit hours, or equivalent, in all funded  instructional categories of  students who have been certified as being in  attendance at midterm during the respective terms of the base fiscal year or  (2) the average of semester credit hours, or equivalent, in all funded  instructional categories of students who have been certified as being in  attendance at midterm during the respective terms of the base fiscal year and  the 2 prior fiscal years.  For purposes of this Section, "base fiscal year"  means the fiscal year 2 years prior to the fiscal year for which the grants are  appropriated.  Such students shall have been residents of Illinois and shall  have been enrolled in courses that are part of instructional program categories  approved by the State Board and that are applicable toward an associate degree  or certificate.  Courses that are eligible for reimbursement are those courses for which  the district pays 50% or more of the program costs from unrestricted  revenue sources, with the exception of dual credit courses and courses offered by contract with  the Department of Corrections in correctional institutions. For the  purposes of this Section, "unrestricted revenue sources" means those  revenues in which the provider of the revenue imposes no financial  limitations upon the district as it relates to the expenditure of the funds.  Except for Fiscal Year 2012, base operating grants shall be paid based on rates per funded  semester credit hour or equivalent calculated by the State Board for funded  instructional categories using cost of instruction, enrollment, inflation, and  other relevant factors. For Fiscal Year 2012, the allocations for base operating grants to community college districts shall be the same as they were in Fiscal Year 2011, reduced or increased proportionately according to the appropriation for base operating grants for Fiscal Year 2012.Equalization grants shall be calculated by the State Board by determining a  local revenue factor for each district by:  (A) adding (1)  each district's Corporate Personal Property Replacement Fund  allocations from the base  fiscal year or the average of the base fiscal year and prior year, whichever is  less, divided by the applicable statewide average tax rate to (2) the  district's most recently audited  year's equalized assessed valuation or the average of the most recently audited  year and prior year, whichever is less, (B) then dividing by the district's  audited full-time equivalent resident students for the base fiscal year or the  average for the base  fiscal year and the 2 prior fiscal years, whichever is  greater, and (C) then multiplying by the applicable statewide average tax  rate.  The State Board  shall calculate a statewide weighted average threshold by applying  the same methodology to the totals of all districts' Corporate Personal  Property Tax Replacement Fund allocations, equalized assessed valuations, and  audited full-time equivalent district resident students and multiplying by the  applicable statewide average tax rate.  The difference between the statewide  weighted average threshold and the local revenue  factor, multiplied by the number of full-time equivalent resident students,  shall determine the amount of equalization funding that each district is  eligible to receive.  A percentage factor, as determined by the State Board,  may be applied to the statewide threshold as a method for allocating  equalization funding.  A minimum equalization grant of an amount per district  as determined by the State Board shall be established for any community college  district which qualifies for an equalization grant based upon the preceding  criteria, but becomes ineligible for equalization funding, or would have  received a grant of less than the minimum equalization grant, due to threshold  prorations applied to reduce equalization funding.  As of July 1, 2013, a community college district eligible to receive an equalization grant based upon the preceding criteria  must maintain a  minimum required combined in-district tuition and universal fee rate per  semester credit hour equal to 70% of the State-average combined rate, as  determined by the State Board, or the total revenue received by the community college district from combined in-district tuition and universal fees must be at least 30% of the total revenue received by the community college district, as determined by the State Board, for equalization funding. As of July 1,  2004, a community college district must maintain a minimum required  operating tax rate equal to at least 95% of its maximum authorized tax  rate to qualify for equalization funding. This 95% minimum tax rate  requirement shall be based upon the maximum operating tax rate as  limited by the Property Tax Extension Limitation Law.The State Board shall distribute such other grants as may be  authorized or appropriated by the General Assembly.Each community college district entitled to State grants under this  Section must submit a report of its enrollment to the State Board not later  than 30 days following the end of each semester or term in a  format prescribed by the State Board.  These semester credit hours, or  equivalent, shall be certified by each district on forms provided by the  State Board.  Each district's certified semester credit hours, or equivalent,  are subject to audit pursuant to Section 3-22.1.The State Board shall certify, prepare, and submit monthly vouchers to the State Comptroller   setting  forth an amount equal to one-twelfth of the grants approved by the State Board for base  operating grants and equalization grants.  The State Board shall prepare and  submit to the State Comptroller vouchers for payments of other grants as  appropriated by the General Assembly.  If the amount appropriated for grants  is different from the amount provided for such grants under this Act, the  grants shall be proportionately reduced or increased accordingly.For the purposes of this Section, "resident student" means a student in a  community college district who maintains residency in that district or  meets other residency definitions established by the State Board, and who  was enrolled either in one of the approved instructional program categories  in that district, or in another community college district to which the  resident's district is paying tuition under Section 6-2 or with which the  resident's district has entered into a cooperative agreement in lieu of such  tuition. Students shall be classified as residents of the community college district without meeting the 30-day residency requirement of the district if they are currently residing in the district and are youth (i) who are currently under the legal guardianship of the Illinois Department of Children and Family Services or have recently been emancipated from the Department and (ii) who had previously met the 30-day residency requirement of the district but who had a placement change into a new community college district. The student, a caseworker or other personnel of the Department, or the student's attorney or guardian ad litem appointed under the Juvenile Court Act of 1987 shall provide the district with proof of current in-district residency.For the purposes of this Section, a "full-time equivalent" student is  equal to 30 semester credit hours.The Illinois Community College Board Contracts and Grants Fund is hereby  created in the State Treasury.  Items of income to this fund shall include  any grants, awards, endowments, or like proceeds, and where appropriate,  other funds made available through contracts with governmental, public, and  private agencies or persons.  The General Assembly shall from time to time  make appropriations payable from such fund for the support, improvement,  and expenses of the State Board and Illinois community college  districts.  (Source: P.A. 99-845, eff. 1-1-17; 100-884, eff. 1-1-19.)