|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| resolution or ordinance initiating the submission of a
public |
2 |
| question, other than a legislative resolution initiating an
|
3 |
| amendment to the Constitution, may specify such submission at |
4 |
| an
election more than one year, or 15 months in the case of a |
5 |
| back door referendum as defined in subsection (f), after the |
6 |
| date on which it is filed or
adopted, as the case may be. A |
7 |
| petition, resolution or ordinance
initiating a public question |
8 |
| which specifies a particular election at
which the question is |
9 |
| to be submitted shall be so limited, and shall not
be valid as |
10 |
| to any other election, other than an emergency referendum
|
11 |
| ordered pursuant to Section 2A-1.4.
|
12 |
| (e) If a petition initiating a public question does not |
13 |
| specify a
regularly scheduled election, the public question |
14 |
| shall be submitted to
referendum at the next regular election |
15 |
| occurring not less than 78 days
after the filing of the |
16 |
| petition, or not less than 108 days after the
filing of a |
17 |
| petition for referendum to create a political subdivision. If
a |
18 |
| resolution or ordinance initiating a public question does not |
19 |
| specify a
regularly scheduled election, the public question |
20 |
| shall be submitted to
referendum at the next regular election |
21 |
| occurring not less than 65 days
after the adoption of the |
22 |
| resolution or ordinance.
|
23 |
| (f) In the case of back door referenda, any limitations in |
24 |
| another
statute authorizing such a referendum which restrict |
25 |
| the time in which
the initiating petition may be validly filed |
26 |
| shall apply to such
petition, in addition to the filing |
27 |
| deadlines specified in this Section
for submission at a |
28 |
| particular election. In the case of any back door
referendum, |
29 |
| the publication of the ordinance or resolution of the political
|
30 |
| subdivision shall include a notice of (1) the specific number |
31 |
| of voters
required to sign a petition requesting that a public |
32 |
| question be submitted
to the voters of the subdivision; (2) the |
33 |
| time within which the petition must
be filed; and (3) the date |
34 |
| of the prospective referendum. The secretary or
clerk of the |
35 |
| political subdivision shall provide a petition form to any
|
36 |
| individual requesting one. The legal sufficiency of that form, |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| if provided by the secretary or clerk of the political |
2 |
| subdivision, cannot be the basis of a challenge to placing the |
3 |
| back door referendum on the ballot. As used herein, a "back |
4 |
| door
referendum" is the submission of a public question to the |
5 |
| voters of a
political subdivision, initiated by a petition of |
6 |
| voters or residents of
such political subdivision, to determine |
7 |
| whether an action by the
governing body of such subdivision |
8 |
| shall be adopted or rejected.
|
9 |
| (g) A petition for the incorporation or formation of a new
|
10 |
| political subdivision whose officers are to be elected rather |
11 |
| than appointed
must have attached to it an affidavit attesting |
12 |
| that at least 108 days and
no more than 138 days prior to such |
13 |
| election notice of intention to file
such petition was |
14 |
| published in a newspaper published within the proposed
|
15 |
| political subdivision, or if none, in a newspaper of general |
16 |
| circulation
within the territory of the proposed political |
17 |
| subdivision in substantially
the following form:
|
18 |
| NOTICE OF PETITION TO FORM A NEW........
|
19 |
| Residents of the territory described below are notified |
20 |
| that a petition
will or has been filed in the Office |
21 |
| of............requesting a referendum
to establish a |
22 |
| new........, to be called the............
|
23 |
| *The officers of the new...........will be elected on the |
24 |
| same day as the
referendum. Candidates for the governing board |
25 |
| of the new......may file
nominating petitions with the officer |
26 |
| named above until...........
|
27 |
| The territory proposed to comprise the new........is |
28 |
| described as follows:
|
29 |
| (description of territory included in petition)
|
30 |
| (signature)....................................
|
31 |
| Name and address of person or persons proposing
|
32 |
| the new political subdivision.
|
33 |
| * Where applicable.
|
34 |
| Failure to file such affidavit, or failure to publish the |
35 |
| required notice
with the correct information contained therein |
36 |
| shall render the petition,
and any referendum held pursuant to |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| such petition, null and void.
|
2 |
| Notwithstanding the foregoing provisions of this |
3 |
| subsection (g) or any
other provisions of this Code, the |
4 |
| publication of notice and affidavit
requirements of this |
5 |
| subsection (g) shall not apply to any petition filed
under |
6 |
| Article 7 or 11E , 7A, 11A, 11B, or 11D of the School Code nor to |
7 |
| any
referendum
held pursuant to any such petition, and neither |
8 |
| any petition filed under
any of those Articles nor any |
9 |
| referendum held pursuant to any such petition
shall be rendered |
10 |
| null and void because of the failure to file an affidavit
or |
11 |
| publish a notice with respect to the petition or referendum as |
12 |
| required
under this subsection (g) for petitions that are not |
13 |
| filed under any of
those Articles of the School Code.
|
14 |
| (Source: P.A. 94-30, eff. 6-14-05; 94-578, eff. 8-12-05; |
15 |
| revised 8-19-05.)
|
16 |
| Section 10. The School Code is amended by changing Sections |
17 |
| 1B-21, 5-32, 7-02, 7-6, 7-11, 9-11.2, 9-12, 10-10, 10-11, |
18 |
| 10-16, 10-21.12, 11C-6, 11C-9, 17-2, 17-3, 17-5, 18-8.05, 19-1, |
19 |
| and 20-2 and by adding Section 10-10.5 and Article 11E as |
20 |
| follows:
|
21 |
| (105 ILCS 5/1B-21)
|
22 |
| Sec. 1B-21. Dissolution and annexation. Any school |
23 |
| district that before
the effective date of this amendatory Act |
24 |
| of 1994 has received approval from
its regional board of school |
25 |
| trustees to dissolve and annex to an adjoining
district and |
26 |
| that has had the appointment of a Financial Oversight Panel |
27 |
| under
this Article 1B to assist its continued operation during |
28 |
| the appeal of the
decision of the regional board of school |
29 |
| trustees shall be dissolved and
annexed to the adjoining |
30 |
| district approved in the decision of the regional
board of |
31 |
| school trustees, effective July 1, 1994. Except as otherwise |
32 |
| provided
by this amendatory Act of 1994, the dissolution and |
33 |
| annexation shall be
governed by Article 7 of the School Code |
34 |
| and be treated as if the dissolution
and annexation had taken |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| effect
pursuant to the decision of the regional board of school |
2 |
| trustees. The
annexing district's supplementary State aid |
3 |
| payable under Section 11E-135
18-8.3 of this
the
School Code |
4 |
| shall be calculated as of June 30 prior to the date of the |
5 |
| decision
of the regional board of school trustees.
|
6 |
| (Source: P.A. 88-535.)
|
7 |
| (105 ILCS 5/5-32) (from Ch. 122, par. 5-32)
|
8 |
| Sec. 5-32. Failure to maintain schools - Transportation and |
9 |
| tuition. If any school district other than a non-high school |
10 |
| district shall for 1
year fail to maintain within the |
11 |
| boundaries of the school district a
recognized public school as |
12 |
| required by law, such district shall become
automatically |
13 |
| dissolved and the property and territory of such district
shall |
14 |
| be disposed of in the manner provided for the disposal of
|
15 |
| territory and property in Section 7-11 of this Act. However, a |
16 |
| school
district shall not be dissolved where the State Board of |
17 |
| Education and the
regional superintendent of the region in |
18 |
| which a
district has legally authorized the building of a |
19 |
| school and legally
selected a school house site and has issued |
20 |
| bonds for such building
shall jointly find and certify that |
21 |
| such building has been authorized,
site selected and bonds |
22 |
| issued.
|
23 |
| If a district has its territory included within a petition |
24 |
| to form a
community unit district under Article 11E
11 of this |
25 |
| Code
Act , that district may
not be dissolved under this Section |
26 |
| until the end of the school year in
which all proceedings |
27 |
| relating to formation of that community unit
district are |
28 |
| finally concluded, whether by disallowance of the petition,
by |
29 |
| referendum, by a final court decision or otherwise. Until such
|
30 |
| proceedings are finally concluded, the regional superintendent |
31 |
| having
jurisdiction of the district that is not maintaining a |
32 |
| recognized school
shall assign the pupils of that district to |
33 |
| an adjoining school
district, subject to Section 11-12 of this |
34 |
| Act and subject to the
requirement that the district from which |
35 |
| the pupils are so assigned
shall pay tuition for such pupils to |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| the district to which the pupils
are assigned, in accordance |
2 |
| with Section 10-20.12a of this Act or in
such lesser amount as |
3 |
| may be agreed to by the 2 districts.
|
4 |
| However, until July 1, 1969 or one year after the entry of |
5 |
| a final
decision by a court of competent jurisdiction in the |
6 |
| event of litigation
with respect to any of the matters set |
7 |
| forth in this Section, whichever
is the later, notwithstanding |
8 |
| the provisions of this Section, any
protectorate high school |
9 |
| district composed of contiguous and compact
territory having |
10 |
| not less than 2,000 inhabitants and which has an
equalized |
11 |
| assessed valuation of not less than $6,000,000, shall be and
|
12 |
| remain a protectorate high school district if a majority of the |
13 |
| pupils
attend a high school in a special charter district |
14 |
| maintaining grades 1
through 12 and if during that period the |
15 |
| voters of the district, by
referendum to be ordered by the |
16 |
| board, vote in favor of the proposition that
such district |
17 |
| maintain and operate a high school within such district,
and |
18 |
| also authorize the purchase of a school site, the building of a
|
19 |
| school building and the issuance of bonds for such purpose, |
20 |
| which bonds
are duly issued. The Board shall certify the |
21 |
| proposition to the proper
election authorities for submission, |
22 |
| in accordance with the general
election law.
|
23 |
| The proposition to maintain and operate a high school |
24 |
| within such
district shall be in substantially the following |
25 |
| form:
|
26 |
| -------------------------------------------------------------
|
27 |
| Shall ......................
|
28 |
| High School District Number ......, YES
|
29 |
| ........... County, Illinois,
|
30 |
| maintain and operate a high school ------------------------
|
31 |
| within that High School
|
32 |
| District and for the benefit NO
|
33 |
| of the pupils residing therein?
|
34 |
| -------------------------------------------------------------
|
35 |
| and is approved if a majority of the voters voting on the |
36 |
| proposition is
in favor thereof. The proposition of purchasing |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| a school site, the
building of a school building and the |
2 |
| issuance of bonds for such purpose
shall be submitted to the |
3 |
| voters and may be voted upon at the same election
that the |
4 |
| proposition of maintaining and operating a high school within |
5 |
| the
district is submitted or at any regularly scheduled |
6 |
| election subsequent
thereto as may be
ordered by the board. |
7 |
| Thereupon, that protectorate high school
district shall |
8 |
| thereafter exist as a community high school district and
|
9 |
| possess and enjoy all of the powers, duties and authorities of |
10 |
| a
community high school district organized under Article 12 of |
11 |
| this Act.
|
12 |
| Throughout its existence as a protectorate district and |
13 |
| until the
legal voters residing in the district have determined |
14 |
| to maintain and
operate a high school within the district and |
15 |
| have been authorized to
purchase a school site, build a school |
16 |
| building and to issue bonds for
such purpose and which bonds |
17 |
| are duly issued, or until the dissolution
of the district as |
18 |
| required by this Section, such protectorate district
may use |
19 |
| its funds to pay for the tuition and transportation of the
|
20 |
| pupils in such district that attend a high school in a special |
21 |
| charter
district maintaining grades 1 through 12. A |
22 |
| protectorate high school
district is defined to be a district |
23 |
| which does not own or operate its
own school buildings.
|
24 |
| (Source: P.A. 81-1550 .)
|
25 |
| (105 ILCS 5/7-02) (from Ch. 122, par. 7-02)
|
26 |
| Sec. 7-02. Limitations. The provisions of this Article |
27 |
| providing for
the change in school district boundaries by |
28 |
| detachment, annexation,
division or dissolution, or by any |
29 |
| combination of those methods, are
subject to the provisions of |
30 |
| this Section. Whenever due to fire,
explosion, tornado or any |
31 |
| Act of God the school buildings or one or more of
the principal |
32 |
| school buildings comprising an attendance center within a
|
33 |
| school district are destroyed or substantially destroyed and |
34 |
| rendered unfit
for school purposes, the provisions of this |
35 |
| Article shall not be available
to permit a division of that |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| district, or a dissolution, detachment or
annexation of any |
2 |
| part thereof, or any combination of such
results during a |
3 |
| period from the date of such destruction or substantial
|
4 |
| destruction until 30 days after the second regular election of |
5 |
| board
members following such destruction or substantial |
6 |
| destruction. Nothing in
this Section shall be deemed to |
7 |
| prohibit the combining of the entire
district with another |
8 |
| entire district or with other entire districts during
such |
9 |
| period pursuant to the provisions of Article 11E
11A or 11B .
|
10 |
| (Source: P.A. 85-833.)
|
11 |
| (105 ILCS 5/7-6) (from Ch. 122, par. 7-6)
|
12 |
| Sec. 7-6. Petition filing; Notice; Hearing; Decision.
|
13 |
| (a) Upon the filing of a petition with the secretary of the |
14 |
| regional board
of school trustees under the provisions of |
15 |
| Section 7-1 or 7-2 of this
Act the secretary shall cause a copy |
16 |
| of such petition to be given to
each board of any district |
17 |
| involved in the proposed boundary change and
shall cause a |
18 |
| notice thereof to be published once in a newspaper having
|
19 |
| general circulation within the area of the territory described |
20 |
| in the
petition for the proposed change of boundaries.
|
21 |
| (b) When a joint hearing is required under the provisions |
22 |
| of Section
7-2, the secretary also shall cause a copy of the |
23 |
| notice to be sent to the
regional board of school trustees of |
24 |
| each region affected. Notwithstanding
the foregoing provisions |
25 |
| of this Section, if the secretary of the regional
board of |
26 |
| school trustees with whom a petition is filed under Section 7-2 |
27 |
| fails,
within 30 days after the filing of such petition, to |
28 |
| cause notice thereof
to be published and sent as required by |
29 |
| this Section, then the secretary of
the regional board of |
30 |
| school trustees of any other region affected may
cause the |
31 |
| required notice to be published and sent, and the joint hearing
|
32 |
| may be held in any region affected as provided in the notice so
|
33 |
| published.
|
34 |
| (b-5) If a petition filed under subsection (a) of Section |
35 |
| 7-1 or under
Section 7-2 proposes to annex all the territory of |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| a school district to another
school district, the petition |
2 |
| shall request the
submission of a proposition at a regular |
3 |
| scheduled election for the purpose of
voting for or against the |
4 |
| annexation of the
territory described in the petition to the |
5 |
| school district proposing to annex
that territory. No petition |
6 |
| filed or election held under this Article shall be
null and |
7 |
| void, invalidated, or deemed in noncompliance with the Election |
8 |
| Code
because of a failure to publish a notice with respect to |
9 |
| the petition or
referendum as required under subsection (g) of |
10 |
| Section 28-2 of that Code for
petitions that are not filed |
11 |
| under this Article or Article 11E
7A, 11A, 11B, or 11D
of this
|
12 |
| the School Code.
|
13 |
| (c) When a petition contains more than 10 signatures the |
14 |
| petition shall
designate a committee of 10 of the petitioners |
15 |
| as attorney in fact for all
petitioners, any 7 of whom may make |
16 |
| binding stipulations on behalf of all
petitioners as to any |
17 |
| question with respect to the petition or hearing or
joint |
18 |
| hearing, and the regional board of school trustees, or regional
|
19 |
| boards of school trustees in cases of a joint hearing may |
20 |
| accept such
stipulation in lieu of evidence or proof of the |
21 |
| matter stipulated. The
committee of petitioners shall have the |
22 |
| same power to stipulate to
accountings or waiver thereof |
23 |
| between school districts; however, the
regional board of school |
24 |
| trustees, or regional boards of school trustees in
cases of a |
25 |
| joint hearing may refuse to accept such stipulation.
Those |
26 |
| designated as the committee of 10 shall serve in that capacity |
27 |
| until
such time as the regional superintendent of schools or |
28 |
| the committee of 10
determines that, because of death, |
29 |
| resignation, transfer of residency from the
territory, or |
30 |
| failure to qualify, the office of a particular member of the
|
31 |
| committee of 10 is vacant. Upon determination that a vacancy |
32 |
| exists, the
remaining members shall appoint a petitioner to |
33 |
| fill the designated vacancy on
the committee of 10. The |
34 |
| appointment of any new members by the committee of 10
shall be |
35 |
| made by a simple majority vote of the remaining designated |
36 |
| members.
|
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| (d) The petition may be amended to withdraw not to exceed a |
2 |
| total of 10%
of the territory in the petition at any time prior |
3 |
| to the hearing or joint
hearing; provided that the petition |
4 |
| shall after amendment comply with the
requirements as to the |
5 |
| number of signatures required on an original petition.
|
6 |
| (e) The petitioners shall pay the expenses of publishing |
7 |
| the notice and
of any transcript taken at the hearing or joint |
8 |
| hearing; and in case of an
appeal from the decision of the |
9 |
| regional board of school trustees, or
regional boards of school |
10 |
| trustees in cases of a joint hearing, or State
Superintendent |
11 |
| of Education in cases determined under subsection (l) of
this |
12 |
| Section, the appellants shall pay the cost of preparing the |
13 |
| record
for appeal.
|
14 |
| (f) The notice shall state when the petition was filed, the |
15 |
| description
of the territory, the prayer of the petition and |
16 |
| the return day on which
the hearing or joint hearing upon the |
17 |
| petition will be held which shall not
be more than 15 nor less |
18 |
| than 10 days after the publication of notice.
|
19 |
| (g) On such return day or on a day to which the regional |
20 |
| board of school
trustees, or regional boards of school trustees |
21 |
| in cases of a joint
hearing shall continue the hearing or joint |
22 |
| hearing the regional board of
school trustees, or regional |
23 |
| boards of school trustees in cases of a joint
hearing shall |
24 |
| hear the petition but may adjourn the hearing or joint
hearing |
25 |
| from time to time or may continue the matter for want of |
26 |
| sufficient
notice or other good cause.
|
27 |
| (h) Prior to the hearing or joint hearing the secretary of |
28 |
| the regional
board of school trustees shall submit to the |
29 |
| regional board of school trustees,
or regional boards of school |
30 |
| trustees in cases of a joint hearing maps showing
the districts |
31 |
| involved, a written report of financial and educational
|
32 |
| conditions of districts involved and the probable effect of the |
33 |
| proposed
changes. The reports and maps submitted shall be made |
34 |
| a part of the record of
the proceedings of the regional board |
35 |
| of school trustees, or regional boards of
school trustees in |
36 |
| cases of a joint hearing. A copy of the report and maps
|
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| submitted shall be sent by the secretary of the regional board |
2 |
| of school
trustees to each board of the districts involved, not |
3 |
| less than 5 days prior to
the day upon which the hearing or |
4 |
| joint hearing is to be held.
|
5 |
| (i) The regional board of school trustees, or regional |
6 |
| boards of school
trustees in cases of a joint hearing shall |
7 |
| hear evidence as to the school
needs and conditions of the |
8 |
| territory in the area within and adjacent
thereto and as to the |
9 |
| ability of the districts affected to meet the
standards of |
10 |
| recognition as prescribed by the State Board of Education, and
|
11 |
| shall take into consideration the division of funds and assets |
12 |
| which will
result from the change of boundaries and shall |
13 |
| determine whether it is to
the best interests of the schools of |
14 |
| the area and the educational welfare
of the pupils that such |
15 |
| change in boundaries be granted, and in case
non-high school |
16 |
| territory is contained in the petition the normal high
school |
17 |
| attendance pattern of the children shall be taken into
|
18 |
| consideration. If the non-high school territory overlies an |
19 |
| elementary
district, a part of which is in a high school |
20 |
| district, such territory may
be annexed to such high school |
21 |
| district even though not contiguous to the
high school |
22 |
| district. However, upon resolution by the regional board of
|
23 |
| school trustees, or regional boards of school trustees in cases |
24 |
| of a joint
hearing the secretary or secretaries thereof shall |
25 |
| conduct the hearing or
joint hearing upon any boundary petition |
26 |
| and present a transcript of such
hearing to the trustees who |
27 |
| shall base their decision upon the transcript,
maps and |
28 |
| information and any presentation of counsel.
|
29 |
| (j) At the hearing or joint hearing any resident of the |
30 |
| territory described
in the petition or any resident in any |
31 |
| district affected by the proposed change
of boundaries may |
32 |
| appear in person or by an attorney in support of the
petition |
33 |
| or to object to the granting of the petition and may present
|
34 |
| evidence in support of his position.
|
35 |
| (k) At the conclusion of the hearing, other than a joint |
36 |
| hearing,
the regional superintendent of schools as ex officio |
|
|
|
SB2795 Engrossed |
- 12 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| member of the regional
board of school trustees shall within 30 |
2 |
| days enter an order either
granting or denying the petition and |
3 |
| shall deliver to the committee of
petitioners, if any, and any |
4 |
| person who has filed his appearance in
writing at the hearing |
5 |
| and any attorney who appears for any person and
any objector |
6 |
| who testifies at the hearing and the regional superintendent
of |
7 |
| schools a certified copy of its order.
|
8 |
| (l) Notwithstanding the foregoing provisions of this |
9 |
| Section, if
within 9 months after a petition is submitted under |
10 |
| the provisions of
Section 7-1 the petition is not approved or |
11 |
| denied by the regional board of
school trustees and the order |
12 |
| approving or denying that petition entered and
a copy thereof |
13 |
| served as provided in this Section, the school boards or
|
14 |
| registered voters of the districts affected that submitted the |
15 |
| petition (or
the committee of 10, or an attorney acting on its |
16 |
| behalf, if designated
in the petition) may submit a copy of the |
17 |
| petition directly to the State
Superintendent of Education for |
18 |
| approval or denial. The copy of the petition
as so submitted |
19 |
| shall be accompanied by a record of all proceedings had with
|
20 |
| respect to the petition up to the time the copy of the petition |
21 |
| is submitted to
the State Superintendent of Education |
22 |
| (including a copy of any notice given or
published, any |
23 |
| certificate or other proof of publication, copies of any maps |
24 |
| or
written report of the financial and educational conditions |
25 |
| of the school
districts affected if furnished by the secretary |
26 |
| of the regional board of
school trustees, copies of any |
27 |
| amendments to the petition and stipulations
made, accepted or |
28 |
| refused, a transcript of any hearing or part of a hearing
held, |
29 |
| continued or adjourned on the petition, and any orders entered |
30 |
| with
respect to the petition or any hearing held thereon). The |
31 |
| school boards,
registered voters or committee of 10 submitting |
32 |
| the petition and record of
proceedings to the State |
33 |
| Superintendent of Education shall give written notice
by |
34 |
| certified mail, return receipt requested to the regional board |
35 |
| of school
trustees and to the secretary of that board that the |
36 |
| petition has been
submitted to the State Superintendent of |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| Education for approval or denial, and
shall furnish a copy of |
2 |
| the notice so given to the State Superintendent of
Education. |
3 |
| The cost of assembling the record of proceedings for submission |
4 |
| to
the State Superintendent of Education shall be the |
5 |
| responsibility of the school
boards, registered voters or |
6 |
| committee of 10 that submits the petition and
record of |
7 |
| proceedings to the State Superintendent of Education. When a
|
8 |
| petition is submitted to the State Superintendent of Education |
9 |
| in accordance
with the provisions of this paragraph:
|
10 |
| (1) The regional board of school trustees loses all |
11 |
| jurisdiction over
the petition and shall have no further |
12 |
| authority to hear, approve, deny
or otherwise act with |
13 |
| respect to the petition.
|
14 |
| (2) All jurisdiction over the petition and the right |
15 |
| and duty to hear,
approve, deny or otherwise act with |
16 |
| respect to the petition is transferred
to and shall be |
17 |
| assumed and exercised by the State Superintendent of |
18 |
| Education.
|
19 |
| (3) The State Superintendent of Education shall not be |
20 |
| required to repeat
any proceedings that were conducted in |
21 |
| accordance with the provisions of
this Section prior to the |
22 |
| time jurisdiction over the petition is transferred
to him, |
23 |
| but the State Superintendent of Education shall be required |
24 |
| to give
and publish any notices and hold or complete any |
25 |
| hearings that were
not given, held or completed by the |
26 |
| regional board of school trustees or
its secretary as |
27 |
| required by this Section prior to the time jurisdiction
|
28 |
| over the petition is transferred to the State |
29 |
| Superintendent of Education.
|
30 |
| (4) If so directed by the State Superintendent of |
31 |
| Education, the regional
superintendent of schools shall |
32 |
| submit to the State Superintendent of
Education and to such |
33 |
| school boards as the State Superintendent of Education
|
34 |
| shall prescribe accurate maps and a written report of the |
35 |
| financial and
educational conditions of the districts |
36 |
| affected and the probable effect of
the proposed boundary |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| changes.
|
2 |
| (5) The State Superintendent is authorized to conduct |
3 |
| further
hearings, or appoint a hearing officer to conduct |
4 |
| further hearings,
on the petition even though a hearing |
5 |
| thereon was held as provided in this
Section prior to the |
6 |
| time jurisdiction over the petition is transferred to
the |
7 |
| State Superintendent of Education.
|
8 |
| (6) The State Superintendent of Education or the |
9 |
| hearing officer shall
hear evidence and approve or deny the |
10 |
| petition and shall enter an order to that
effect and |
11 |
| deliver and serve the same as required in other cases to be |
12 |
| done by
the regional board of school trustees and the |
13 |
| regional superintendent of
schools as an ex officio member |
14 |
| of that board.
|
15 |
| (m) Within 10 days after the conclusion of a joint hearing |
16 |
| required under
the provisions of Section 7-2, each regional |
17 |
| board of school trustees shall
meet together and render a |
18 |
| decision with regard to the joint hearing on the
petition. If |
19 |
| the regional boards of school trustees fail to enter a joint
|
20 |
| order either granting or denying the petition, the regional |
21 |
| superintendent
of schools for the educational service region in |
22 |
| which the joint hearing is
held shall enter an order denying |
23 |
| the petition, and within 30 days after the
conclusion of the |
24 |
| joint hearing shall deliver a copy of the order denying the
|
25 |
| petition to the regional boards of school trustees of each |
26 |
| region affected,
to the committee of petitioners, if any, to |
27 |
| any person who has filed his
appearance in writing at the |
28 |
| hearing and to any attorney who appears for
any person at the |
29 |
| joint hearing. If the regional boards of school trustees
enter |
30 |
| a joint order either granting or denying the petition, the |
31 |
| regional
superintendent of schools for the educational service |
32 |
| region in which the
joint hearing is held shall, within 30 days |
33 |
| of the conclusion of the
hearing, deliver a copy of the joint |
34 |
| order to those same committees and
persons as are entitled to |
35 |
| receive copies of the regional superintendent's
order in cases |
36 |
| where the regional boards of school trustees have failed to
|
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| enter a joint order.
|
2 |
| (n) Within 10 days after service of a copy of the order |
3 |
| granting or
denying the petition, any person so served may |
4 |
| petition for a rehearing
and, upon sufficient cause being |
5 |
| shown, a rehearing may be granted. The
filing of a petition for |
6 |
| rehearing shall operate as a stay of enforcement
until the |
7 |
| regional board of school trustees, or regional boards of school
|
8 |
| trustees in cases of a joint hearing, or State Superintendent |
9 |
| of Education
in cases determined under subsection (l) of this |
10 |
| Section enter the final
order on such petition for rehearing.
|
11 |
| (o) If a petition filed under subsection (a) of Section 7-1 |
12 |
| or under
Section 7-2 is required under the provisions of |
13 |
| subsection (b-5) of this
Section 7-6 to request submission of a |
14 |
| proposition at a regular scheduled
election for the purpose of |
15 |
| voting for or against the annexation of the
territory described |
16 |
| in the petition to the
school district proposing to annex that |
17 |
| territory, and if the petition is
granted or approved by the |
18 |
| regional board or regional boards of school trustees
or by the |
19 |
| State Superintendent of Education, the proposition shall be |
20 |
| placed on
the ballot at the next regular scheduled election.
|
21 |
| (Source: P.A. 90-459, eff. 8-17-97.)
|
22 |
| (105 ILCS 5/7-11) (from Ch. 122, par. 7-11)
|
23 |
| Sec. 7-11. Annexation of dissolved non-operating |
24 |
| districts. If any school district has become dissolved as |
25 |
| provided in Section 5-32,
or if a petition for dissolution is |
26 |
| filed under subsection (b) of
Section 7-2a, the regional board |
27 |
| of school trustees shall attach the
territory of such
dissolved |
28 |
| district to one or more districts and, if the territory is |
29 |
| added
to 2 or more districts, shall divide the property of the |
30 |
| dissolved
district among the districts to which its territory |
31 |
| is added, in the manner
provided for the division of property |
32 |
| in case of the organization of a new
district from a part of |
33 |
| another district.
The regional board of school trustees of the |
34 |
| region in which the regional
superintendent has supervision |
35 |
| over the school district that is dissolved
shall have all power |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| necessary to annex the territory of the dissolved
district as |
2 |
| provided in this Section, including the power to attach the
|
3 |
| territory to a school district under the supervision of the |
4 |
| regional
superintendent of another educational service region. |
5 |
| The annexation of
the territory of a dissolved school district |
6 |
| under this Section shall
entitle the school districts involved |
7 |
| in the annexation to payments from
the State Board of Education |
8 |
| under subsection (A)(5)(m) of Section
18-8 or subsection (I) of |
9 |
| Section 18-8.05 and under Sections 18-8.2 and
18-8.3 in the |
10 |
| same manner and to the same extent
authorized in the case of |
11 |
| other annexations under this Article. Other
provisions of this |
12 |
| Article 7 of The School Code shall apply to and govern
|
13 |
| dissolutions and annexations under this Section and Section |
14 |
| 7-2a, except
that it is the intent of the General Assembly that |
15 |
| in the case of conflict the
provisions of this Section and |
16 |
| Section 7-2a shall control over the other
provisions of this |
17 |
| Article.
|
18 |
| The regional board of school trustees shall give notice of
|
19 |
| a hearing, to be held not less than 50 days nor more than 70 |
20 |
| days after a
school district is dissolved under Section 5-32 or |
21 |
| a petition is filed
under subsection (b) of Section 7-2a, on
|
22 |
| the disposition of the territory of such school district by |
23 |
| publishing a
notice thereof at least once each week for 2 |
24 |
| successive weeks in at least
one newspaper having a general |
25 |
| circulation within the area of the territory
involved. At such |
26 |
| hearing, the regional board of school trustees shall hear
|
27 |
| evidence as to the school needs and conditions of the territory |
28 |
| and of the
area within and adjacent thereto, and shall take |
29 |
| into consideration the
educational welfare of the pupils of the |
30 |
| territory and the normal high
school attendance pattern of the |
31 |
| children. In the case of an elementary
school district if all |
32 |
| the eighth grade graduates of such district
customarily attend |
33 |
| high school in the same high school district, the
regional |
34 |
| board of school trustees shall, unless it be
impossible because |
35 |
| of the
restrictions of a special charter district, annex the |
36 |
| territory of the
district to a contiguous elementary school |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| district whose eighth grade
graduates customarily attend that |
2 |
| high school, and that has an elementary
school building nearest |
3 |
| to the center of the territory to be annexed, but
if such |
4 |
| eighth grade graduates customarily attend more than one high |
5 |
| school
the regional board of school trustees shall determine |
6 |
| the
attendance pattern
of such graduates and divide the |
7 |
| territory of the district among the
contiguous elementary |
8 |
| districts whose graduates attend the same respective
high |
9 |
| schools.
|
10 |
| The decision of the regional board of school trustees in
|
11 |
| such matter shall be issued within 10 days after the conclusion |
12 |
| of the
hearing and deemed an "administrative decision" as |
13 |
| defined in
Section 3-101 of the
Code of Civil Procedure and any |
14 |
| resident who appears at the hearing
or any petitioner may |
15 |
| within 10 days after a copy of the decision sought
to be |
16 |
| reviewed was served by registered mail upon the party affected
|
17 |
| thereby file a complaint for the judicial review of
such |
18 |
| decision in accordance with the "Administrative Review Law", |
19 |
| and all
amendments and modifications thereof and the rules |
20 |
| adopted pursuant
thereto. The commencement of any action for |
21 |
| review shall operate as a stay
of enforcement, and no further |
22 |
| proceedings shall be had until final
disposition of such |
23 |
| review.
The final decision of the regional board of school |
24 |
| trustees or of any
court upon judicial review shall become |
25 |
| effective under Section 7-9 in the
case of a petition for |
26 |
| dissolution filed under subsection (b) of Section
7-2a, and a |
27 |
| final decision shall become effective immediately following |
28 |
| the
date no further appeal is allowable in the case of a |
29 |
| district dissolved
under Section 5-32.
|
30 |
| Notwithstanding the foregoing provisions of this Section |
31 |
| or any other
provision of law to the contrary, the school board |
32 |
| of the Mt. Morris School
District is authorized to donate to |
33 |
| the City of Mount Morris, Illinois the
school building and |
34 |
| other real property used as a school site by the Mt. Morris
|
35 |
| School District at the time of its dissolution, by appropriate |
36 |
| resolution
adopted by the school board of the district prior to |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| the dissolution of the
district; and upon the adoption of a |
2 |
| resolution by the school board donating
the school building and |
3 |
| school site to the City of Mount Morris, Illinois as
authorized |
4 |
| by this Section, the regional board of school trustees or other
|
5 |
| school officials holding legal title to the school building and |
6 |
| school site so
donated shall immediately convey the same to the |
7 |
| City of Mt. Morris,
Illinois.
|
8 |
| (Source: P.A. 90-548, eff. 1-1-98.)
|
9 |
| (105 ILCS 5/9-11.2) (from Ch. 122, par. 9-11.2)
|
10 |
| Sec. 9-11.2. For all school districts electing candidates |
11 |
| to a board
of education in a manner other than at large, |
12 |
| candidates not elected at
large who file
nominating petitions |
13 |
| for a full term shall be grouped together by area of
residence |
14 |
| as follows:
|
15 |
| (1) by congressional townships, or
|
16 |
| (2) according to incorporated or unincorporated areas.
|
17 |
| For all school districts electing candidates to a board of |
18 |
| education in a
manner other than at large, candidates not |
19 |
| elected at large who file
nominating petitions for an
unexpired |
20 |
| term shall be grouped together by area of residence as follows:
|
21 |
| (1) by congressional townships, or
|
22 |
| (2) according to incorporated or unincorporated areas.
|
23 |
| Candidate
groupings by area of residence for unexpired |
24 |
| terms shall precede the
candidate groupings by area of |
25 |
| residence for full terms on the ballot.
In all instances, |
26 |
| however,
the ballot order of each candidate grouping shall be |
27 |
| determined by the
order of petition filing or lottery held |
28 |
| pursuant to Section 9-11.1 in the
following manner:
|
29 |
| The area of residence of the candidate determined to be |
30 |
| first by order of
petition filing or by lottery shall be listed |
31 |
| first among the candidate
groupings on the ballot. All other |
32 |
| candidates from the same area of
residence will follow |
33 |
| according to order of petition filing or the lottery.
The area |
34 |
| of residence of the candidate determined to be second by the
|
35 |
| order of petition filing or the
lottery shall be listed second |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| among the candidate groupings on the ballot.
All other |
2 |
| candidates from the same area of residence will follow |
3 |
| according
to the order of petition filing or the lottery. The |
4 |
| ballot order of
additional candidate groupings by area of |
5 |
| residence shall be established in a
like manner.
|
6 |
| In any school district that elects its board members |
7 |
| according to area of
residence and that has one or more |
8 |
| unexpired terms to be filled at an election,
the winner or |
9 |
| winners of the unexpired term or terms shall be determined |
10 |
| first
and independently of those running for full terms. The |
11 |
| winners of the full
terms shall then be determined taking into |
12 |
| consideration the areas of residence
of those elected to fill |
13 |
| the unexpired term or terms.
|
14 |
| "Area of Residence" means congressional township and
|
15 |
| incorporated and
unincorporated territories.
|
16 |
| "Affected school district" means either of the 2 entire |
17 |
| elementary school
districts that are formed into a combined |
18 |
| school district established as
provided in subsection (a-5)
of |
19 |
| Section 11B-7 .
|
20 |
| (Source: P.A. 93-1079, eff. 1-21-05.)
|
21 |
| (105 ILCS 5/9-12) (from Ch. 122, par. 9-12)
|
22 |
| Sec. 9-12. Ballots for the election of school officers |
23 |
| shall be in one
of the following forms:
|
24 |
| (FORMAT 1
|
25 |
| Ballot position for candidates shall be determined by the |
26 |
| order of
petition filing or lottery held pursuant to Section |
27 |
| 9-11.1.
|
28 |
| This format is used by Boards of School Directors. School |
29 |
| Directors are
elected at large.)
|
30 |
| OFFICIAL BALLOT
|
31 |
| FOR MEMBERS OF THE BOARD OF SCHOOL
|
32 |
| DIRECTORS TO SERVE AN UNEXPIRED 2-YEAR TERM
|
33 |
| VOTE FOR ....
|
34 |
| ( ) .......................................
|
|
|
|
SB2795 Engrossed |
- 20 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| ( ) .......................................
|
2 |
| ( ) .......................................
|
3 |
| FOR MEMBERS OF THE BOARD OF SCHOOL
|
4 |
| DIRECTORS TO SERVE A FULL 4-YEAR TERM
|
5 |
| VOTE FOR ....
|
6 |
| ( ) ........................................
|
7 |
| ( ) ........................................
|
8 |
| ( ) ........................................
|
9 |
| (FORMAT 2
|
10 |
| Ballot position for candidates shall be determined by the |
11 |
| order of
petition filing or lottery held pursuant to Section |
12 |
| 9-11.1.
|
13 |
| This format is used when school board members are elected |
14 |
| at large.
Membership on the school board is not restricted by |
15 |
| area of residence.
|
16 |
| Types of school districts generally using this format are:
|
17 |
| Common school districts;
|
18 |
| Community unit and community consolidated school districts |
19 |
| formed on or
after January 1, 1975;
|
20 |
| Community unit school districts formed prior to January 1, |
21 |
| 1975 that
elect board members at large and without restriction |
22 |
| by area of residence
within the district under subsection (c) |
23 |
| of Section 11A-8 (now repealed) ;
|
24 |
| Community unit, community consolidated and combined school |
25 |
| districts in which
more than 90% of the population is in one |
26 |
| congressional township;
|
27 |
| High school districts in which less than 15% of the taxable |
28 |
| property is
located in unincorporated territory; and unit |
29 |
| districts (OLD TYPE);
|
30 |
| Combined school districts formed on or after July 1, 1983;
|
31 |
| Combined school districts formed before July 1, 1983
and |
32 |
| community consolidated school districts that elect board
|
33 |
| members at large and without restriction by area of residence |
34 |
| within the
district under subsection (c) of Section 11B-7 (now |
35 |
| repealed) .)
|
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| OFFICIAL BALLOT
|
2 |
| FOR MEMBERS OF THE BOARD OF
|
3 |
| EDUCATION TO SERVE AN UNEXPIRED 2-YEAR TERM
|
4 |
| VOTE FOR ....
|
5 |
| ( ) .......................................
|
6 |
| ( ) .......................................
|
7 |
| ( ) .......................................
|
8 |
| FOR MEMBERS OF THE BOARD OF
|
9 |
| EDUCATION TO SERVE A FULL 4-YEAR TERM
|
10 |
| VOTE FOR ....
|
11 |
| ( ) .......................................
|
12 |
| ( ) .......................................
|
13 |
| ( ) .......................................
|
14 |
| (FORMAT 3
|
15 |
| Ballot position for incorporated and unincorporated areas |
16 |
| shall be
determined by the order of petition filing or lottery |
17 |
| held pursuant to
Sections 9-11.1 and 9-11.2.
|
18 |
| This format is used by community unit, community |
19 |
| consolidated and
combined school districts when the territory |
20 |
| is less than 2 congressional
townships, or 72 square miles, but |
21 |
| consists of more than one congressional
township, or 36 square |
22 |
| miles, outside of the corporate limits of any city,
village or |
23 |
| incorporated town within the school district. The School Code
|
24 |
| requires that not more than 5 board members shall be selected |
25 |
| from any
city, village or incorporated town in the school |
26 |
| district. At least two
board members must reside in the |
27 |
| unincorporated area of the school district.
|
28 |
| Except for those community unit school districts formed |
29 |
| before January 1,
1975 that elect board members at large and |
30 |
| without restriction by area
of residence within the district |
31 |
| under subsection (c) of Section 11A-8 (now repealed) and
except |
32 |
| for combined school districts formed before July 1, 1983 and |
33 |
| community
consolidated school districts that elect board |
34 |
| members at large and without
restriction by area of residence |
35 |
| within the district under subsection (c) of
Section 11B-7 (now |
|
|
|
SB2795 Engrossed |
- 22 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| repealed) , this format applies to community unit and community |
2 |
| consolidated
school districts formed prior to January 1, 1975 |
3 |
| and combined school districts
formed prior to July 1, 1983.)
|
4 |
| OFFICIAL BALLOT
|
5 |
| Instructions to voter: The board of education shall be |
6 |
| composed of
members from both the incorporated and the |
7 |
| unincorporated area; not more
than 5 board members shall be |
8 |
| selected from any city, village or incorporated
town.
|
9 |
| ON THE BASIS OF EXISTING BOARD MEMBERSHIP, NOT MORE THAN |
10 |
| .... MAY BE ELECTED FROM THE INCORPORATED AREAS.
|
11 |
| FOR MEMBERS OF THE BOARD OF EDUCATION
|
12 |
| TO SERVE AN UNEXPIRED 2-YEAR TERM
|
13 |
| THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS |
14 |
| IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE |
15 |
| FULL TERMS.
|
16 |
| VOTE FOR A TOTAL OF ....
|
17 |
| ................... Area
|
18 |
| ( ) ...........................
|
19 |
| ( ) ........................... |
20 |
| ................... Area
|
21 |
| ( ) ...........................
|
22 |
| ( ) ........................... |
23 |
| FOR MEMBERS OF THE BOARD OF EDUCATION
|
24 |
| TO SERVE A FULL 4-YEAR TERM
|
25 |
| VOTE FOR A TOTAL OF ....
|
26 |
| ................... Area
|
27 |
| ( ) ...........................
|
28 |
| ( ) ........................... |
29 |
| ................... Area
|
30 |
| ( ) ...........................
|
31 |
| ( ) ...........................
|
32 |
| (FORMAT 4
|
33 |
| Ballot position for township areas shall be determined by |
34 |
| the order of
petition filing or lottery held pursuant to |
|
|
|
SB2795 Engrossed |
- 23 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| Sections 9-11.1 and 9-11.2.
|
2 |
| Except for those community unit school districts formed |
3 |
| prior to
January 1, 1975 that elect board members at large and |
4 |
| without restriction by
area of residence within the district |
5 |
| under subsection (c) of Section 11A-8
(now repealed) and except |
6 |
| for those combined school districts formed before July 1, 1983
|
7 |
| and community consolidated school districts
that elect board |
8 |
| members at large and without restriction by area of residence
|
9 |
| within the district under subsection (c) of Section 11B-7 (now |
10 |
| repealed) , this format
applies to community unit and community |
11 |
| consolidated school
districts formed prior to January 1, 1975 |
12 |
| and combined school districts
formed prior to July 1, 1983 when |
13 |
| the territory of the school district is
greater than 2 |
14 |
| congressional townships, or 72 square miles. This format
|
15 |
| applies only when less than 75% of the population is in one |
16 |
| congressional
township. Congressional townships of less than |
17 |
| 100 inhabitants shall not
be considered for the purpose of such |
18 |
| mandatory board representation. In
this case, not more than 3 |
19 |
| board members may be selected from any one
congressional |
20 |
| township.)
|
21 |
| OFFICIAL BALLOT
|
22 |
| Instructions to voter: Membership on the board of education |
23 |
| is restricted
to a maximum of 3 members from any congressional |
24 |
| township. |
25 |
| ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE |
26 |
| ELECTED IN THE FOLLOWING NUMBERS FROM EACH CONGRESSIONAL |
27 |
| TOWNSHIP.
|
28 |
| NOT MORE THAN .... MAY BE ELECTED FROM TOWNSHIP .... RANGE |
29 |
| ....
|
30 |
| NOT MORE THAN .... MAY BE ELECTED FROM TOWNSHIP .... RANGE |
31 |
| ....
|
32 |
| NOT MORE THAN .... MAY BE ELECTED FROM TOWNSHIP .... RANGE |
33 |
| ....
|
34 |
| (Include each remaining congressional township in district |
35 |
| as needed)
|
|
|
|
SB2795 Engrossed |
- 24 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
2 |
| AN UNEXPIRED 2-YEAR TERM
|
3 |
| THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS |
4 |
| IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE |
5 |
| FULL TERMS.
|
6 |
| VOTE FOR A TOTAL OF ....
|
7 |
| Township .............. Range ................
|
8 |
| ( ) ............................
|
9 |
| ( ) ............................
|
10 |
| Township .............. Range ................
|
11 |
| ( ) ............................
|
12 |
| ( ) ............................
|
13 |
| FOR MEMBERS OF THE BOARD OF
|
14 |
| EDUCATION TO SERVE A FULL 4-YEAR TERM
|
15 |
| VOTE FOR A TOTAL OF ....
|
16 |
| Township .............. Range ................
|
17 |
| ( ) ............................
|
18 |
| ( ) ............................
|
19 |
| Township .............. Range ................
|
20 |
| ( ) ............................
|
21 |
| ( ) ............................
|
22 |
| (FORMAT 5
|
23 |
| Ballot position for township areas shall be determined by |
24 |
| the order of
petition filing or lottery held pursuant to |
25 |
| Sections 9-11.1 and 9-11.2.
|
26 |
| Except for those community unit school districts formed |
27 |
| before January 1,
1975 that elect board members at large and |
28 |
| without restriction by area of
residence within the district |
29 |
| under subsection (c) of Section 11A-8 (now repealed) and except
|
30 |
| for those combined school districts formed before July 1, 1983
|
31 |
| and community consolidated school districts
that elect board
|
32 |
| members at large and without restriction by area of residence |
33 |
| within the
district under subsection (c) of Section 11B-7 (now |
34 |
| repealed) , this format is used by
community unit and community |
35 |
| consolidated school
districts formed prior to January 1, 1975, |
|
|
|
SB2795 Engrossed |
- 25 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| and
combined school districts formed prior to July 1, 1983, |
2 |
| when the territory
of the school district is
greater than 2 |
3 |
| congressional townships, or 72 square miles and when at
least |
4 |
| 75%, but not more than 90%, of the population resides in one
|
5 |
| congressional township. In this case, 4 school board members |
6 |
| shall be
selected from that one congressional township and the |
7 |
| 3 remaining board
members shall be selected from the rest of |
8 |
| the district. If a school district
from which school board |
9 |
| members are to be selected is located in a county under
|
10 |
| township organization and if the surveyed boundaries of a |
11 |
| congressional
township from which one or more of those school |
12 |
| board members is to be
selected, as described by township |
13 |
| number and range, are coterminous with the
boundaries of the |
14 |
| township as identified by the township name assigned to it as
a |
15 |
| political subdivision of the State, then that township may be |
16 |
| referred to on
the ballot by both its township name and by |
17 |
| township number and
range.)
|
18 |
| OFFICIAL BALLOT
|
19 |
| Instructions to voter: Membership on the board of education |
20 |
| is to consist
of 4 members from the congressional township that |
21 |
| has at least 75% but not
more than 90% of the population, and 3 |
22 |
| board members from the remaining
congressional townships in the |
23 |
| school district. |
24 |
| ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE |
25 |
| ELECTED IN THE FOLLOWING NUMBERS FROM EACH CONGRESSIONAL |
26 |
| TOWNSHIP.
|
27 |
| FOR MEMBER OF THE BOARD OF EDUCATION
|
28 |
| TO SERVE AN UNEXPIRED 2-YEAR TERM
|
29 |
| FROM (name)........ TOWNSHIP ..... RANGE .....
|
30 |
| VOTE FOR ONE
|
31 |
| ( )..........................
|
32 |
| ( )..........................
|
33 |
| FOR MEMBERS OF THE BOARD OF EDUCATION
|
34 |
| TO SERVE A FULL 4-YEAR TERM
|
35 |
| VOTE FOR ....
|
|
|
|
SB2795 Engrossed |
- 26 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| ..... shall be elected from (name)...... Township ..... Range
|
2 |
| ......
|
3 |
| (name)....... TOWNSHIP ..... RANGE .....
|
4 |
| ( ) ............................
|
5 |
| ( ) ............................
|
6 |
| VOTE FOR ....
|
7 |
| ...... board members shall be elected from the remaining
|
8 |
| congressional townships.
|
9 |
| The Remaining Congressional Townships
|
10 |
| ( ) ............................
|
11 |
| ( ) ............................
|
12 |
| (FORMAT 6
|
13 |
| Ballot position for candidates shall be determined by the |
14 |
| order of
petition filing or lottery held pursuant to Section |
15 |
| 9-11.1.
|
16 |
| This format is used by school districts in which voters |
17 |
| have approved a
referendum to elect school board members by |
18 |
| school board district. The
school district is then divided into |
19 |
| 7 school board districts, each of
which elects one member to |
20 |
| the board of education.)
|
21 |
| OFFICIAL BALLOT
|
22 |
| DISTRICT ....... (1 through 7)
|
23 |
| FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
24 |
| AN UNEXPIRED 2-YEAR TERM
|
25 |
| VOTE FOR ONE
|
26 |
| ( ) .....................................
|
27 |
| ( ) .....................................
|
28 |
| ( ) .....................................
|
29 |
| (-OR-) |
30 |
| OFFICIAL BALLOT
|
31 |
| DISTRICT ....... (1 through 7)
|
32 |
| FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
33 |
| A FULL 4-YEAR TERM
|
34 |
| VOTE FOR ONE
|
35 |
| ( ) .....................................
|
|
|
|
SB2795 Engrossed |
- 27 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| ( ) .....................................
|
2 |
| ( ) .....................................
|
3 |
| REVERSE SIDE:
|
4 |
| OFFICIAL BALLOT
|
5 |
| DISTRICT ....... (1 through 7)
|
6 |
| (Precinct name or number)
|
7 |
| School District No. ......, ........... County, Illinois
|
8 |
| Election Tuesday (insert date)
|
9 |
| (facsimile signature of Election Authority)
|
10 |
| (County)
|
11 |
| (FORMAT 7
|
12 |
| Ballot position for incorporated and unincorporated areas |
13 |
| shall be
determined by the order of petition filing or lottery |
14 |
| held pursuant to
Sections 9-11.1 and 9-11.2.
|
15 |
| This format is used by high school districts if more than |
16 |
| 15% but less
than 30% of the taxable property is located in the |
17 |
| unincorporated
territory of the school district. In this case, |
18 |
| at least one board member
shall be a resident of the |
19 |
| unincorporated territory.)
|
20 |
| OFFICIAL BALLOT
|
21 |
| Instructions to voter: More than 15% but less than 30% of |
22 |
| the taxable
property of this high school district is located in |
23 |
| the unincorporated
territory of the district, therefore, at |
24 |
| least one board member shall be a
resident of the |
25 |
| unincorporated areas.
|
26 |
| ON THE BASIS OF EXISTING BOARD MEMBERSHIP, AT LEAST ONE |
27 |
| MEMBER SHALL BE ELECTED FROM THE UNINCORPORATED AREA.
|
28 |
| FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
29 |
| AN UNEXPIRED 2-YEAR TERM
|
30 |
| THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS |
31 |
| IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE |
32 |
| FULL TERMS.
|
33 |
| VOTE FOR A TOTAL OF ....
|
34 |
| ................... Area
|
|
|
|
SB2795 Engrossed |
- 28 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| ( ) ...........................
|
2 |
| ( ) ........................... |
3 |
| ................... Area
|
4 |
| ( ) ...........................
|
5 |
| ( ) ........................... |
6 |
| FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
7 |
| A FULL 4-YEAR TERM
|
8 |
| VOTE FOR A TOTAL OF ....
|
9 |
| ................... Area
|
10 |
| ( ) ...........................
|
11 |
| ( ) ........................... |
12 |
| ................... Area
|
13 |
| ( ) ...........................
|
14 |
| ( ) ...........................
|
15 |
| (FORMAT 7a
|
16 |
| Ballot position for candidates shall be
determined by the |
17 |
| order of petition filing or lottery held pursuant to
Sections |
18 |
| 9-11.1 and 9-11.2.
|
19 |
| This format is used by high school districts if more than |
20 |
| 15% but less
than 30% of the taxable property is located in the |
21 |
| unincorporated territory
of the school district and on the |
22 |
| basis of existing board membership no
board member is required |
23 |
| to be elected from the unincorporated area.)
|
24 |
| OFFICIAL BALLOT
|
25 |
| Instruction to voter: More than 15% but less than 30% of |
26 |
| the taxable
property of this high school district is located in |
27 |
| the unincorporated
territory of the district, therefore, at |
28 |
| least one board member shall be a
resident of the |
29 |
| unincorporated areas.
|
30 |
| ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE |
31 |
| ELECTED FROM ANY AREA OR AREAS.
|
32 |
| FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
33 |
| AN UNEXPIRED 2-YEAR TERM
|
34 |
| VOTE FOR ....
|
|
|
|
SB2795 Engrossed |
- 29 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| ( ) ........................................
|
2 |
| ( ) ........................................
|
3 |
| ( ) ........................................
|
4 |
| FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
5 |
| A FULL 4-YEAR TERM
|
6 |
| VOTE FOR ....
|
7 |
| ( ) ........................................
|
8 |
| ( ) ........................................
|
9 |
| ( ) ........................................
|
10 |
| (FORMAT 8
|
11 |
| Ballot position for incorporated and unincorporated areas |
12 |
| shall be
determined by the order of petition filing or lottery |
13 |
| held pursuant to
Sections 9-11.1 and 9-11.2.
|
14 |
| This format is used by high school districts if more than |
15 |
| 30% of the
taxable property is located in the unincorporated |
16 |
| territory of the school
district. In this case, at least two |
17 |
| board members shall be residents of
the unincorporated |
18 |
| territory.)
|
19 |
| OFFICIAL BALLOT
|
20 |
| Instructions to voters: Thirty percent (30%) or more of the |
21 |
| taxable
property of this high school district is located in the |
22 |
| unincorporated
territory of the district, therefore, at least |
23 |
| two board members shall be
residents of the unincorporated |
24 |
| territory.
|
25 |
| ON THE BASIS OF EXISTING BOARD MEMBERSHIP, AT LEAST 2 |
26 |
| MEMBERS SHALL BE ELECTED FROM THE UNINCORPORATED AREA.
|
27 |
| FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
28 |
| AN UNEXPIRED 2-YEAR TERM
|
29 |
| THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS |
30 |
| IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE |
31 |
| FULL TERMS.
|
32 |
| VOTE FOR A TOTAL OF ....
|
33 |
| ................... Area
|
34 |
| ( ) ...........................
|
|
|
|
SB2795 Engrossed |
- 30 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| ( ) ........................... |
2 |
| ................... Area
|
3 |
| ( ) ...........................
|
4 |
| ( ) ...........................
|
5 |
| FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
6 |
| A FULL 4-YEAR TERM
|
7 |
| VOTE FOR A TOTAL OF ....
|
8 |
| ................... Area
|
9 |
| ( ) ...........................
|
10 |
| ( ) ........................... |
11 |
| ................... Area
|
12 |
| ( ) ...........................
|
13 |
| ( ) ...........................
|
14 |
| (FORMAT 8a
|
15 |
| Ballot position for incorporated and unincorporated areas |
16 |
| shall be
determined by the order of petition filing or lottery |
17 |
| held pursuant to
Sections 9-11.1 and 9-11.2.
|
18 |
| This format is used by high school districts if more than |
19 |
| 30% of the
taxable property is located in the unincorporated |
20 |
| territory of the school
district. In this case, at least two |
21 |
| board members shall be residents of
the unincorporated |
22 |
| territory.)
|
23 |
| OFFICIAL BALLOT
|
24 |
| Instructions to voters: Thirty percent (30%) or more of the |
25 |
| taxable
property of this high school district is located in the |
26 |
| unincorporated
territory of the district, therefore, at least |
27 |
| two board members shall be
residents of the unincorporated |
28 |
| territory.
|
29 |
| ON THE BASIS OF EXISTING BOARD MEMBERSHIP, AT LEAST ONE |
30 |
| MEMBER SHALL BE ELECTED FROM THE UNINCORPORATED AREA.
|
31 |
| FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
32 |
| AN UNEXPIRED 2-YEAR TERM
|
33 |
| THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS |
34 |
| IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE |
|
|
|
SB2795 Engrossed |
- 31 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| FULL TERMS.
|
2 |
| VOTE FOR A TOTAL OF ....
|
3 |
| ................... Area
|
4 |
| ( ) ...........................
|
5 |
| ( ) ........................... |
6 |
| ................... Area
|
7 |
| ( ) ...........................
|
8 |
| ( ) ...........................
|
9 |
| FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
10 |
| A FULL 4-YEAR TERM
|
11 |
| VOTE FOR A TOTAL OF ....
|
12 |
| ................... Area
|
13 |
| ( ) ...........................
|
14 |
| ( ) ........................... |
15 |
| ................... Area
|
16 |
| ( ) ...........................
|
17 |
| ( ) ...........................
|
18 |
| (FORMAT 8b
|
19 |
| Ballot position for incorporated and unincorporated areas |
20 |
| shall be
determined by the order of petition filing or lottery |
21 |
| held pursuant to
Sections 9-11.1 and 9-11.2.
|
22 |
| This format is used by high school districts if more than |
23 |
| 30% of the
taxable property is located in the unincorporated |
24 |
| territory of the school
district. In this case, at least two |
25 |
| board members shall be residents of
the unincorporated |
26 |
| territory.)
|
27 |
| OFFICIAL BALLOT
|
28 |
| Instructions to voters: Thirty percent (30%) or more of the |
29 |
| taxable
property of this high school district is located in the |
30 |
| unincorporated
territory of the district, therefore, at least |
31 |
| two board members shall be
residents of the unincorporated |
32 |
| territory.
|
33 |
| ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE |
34 |
| ELECTED FROM ANY AREA OR AREAS.
|
|
|
|
SB2795 Engrossed |
- 32 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
2 |
| AN UNEXPIRED 2-YEAR TERM
|
3 |
| VOTE FOR ....
|
4 |
| ( ) ...........................
|
5 |
| ( ) ...........................
|
6 |
| ( ) ...........................
|
7 |
| ( ) ........................... |
8 |
| FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
9 |
| A FULL 4-YEAR TERM
|
10 |
| VOTE FOR ....
|
11 |
| ( ) ...........................
|
12 |
| ( ) ...........................
|
13 |
| ( ) ...........................
|
14 |
| ( ) ...........................
|
15 |
| (Source: P.A. 93-706, eff. 7-9-04; 93-1079, eff. 1-21-05.)
|
16 |
| (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
|
17 |
| Sec. 10-10. Board of education; Term; Vacancy. All school |
18 |
| districts
having a population of not fewer than 1,000 and not |
19 |
| more than 500,000
inhabitants, as ascertained by any special or |
20 |
| general census, and not
governed by special Acts, shall be |
21 |
| governed by a board of education
consisting of 7 members, |
22 |
| serving without compensation except as herein
provided. Each |
23 |
| member shall be elected for a term of 4 years except as
|
24 |
| otherwise provided in subsection (a-5) of Section 11B-7 for the |
25 |
| initial members
of the board of education of a combined school |
26 |
| district to which that
subsection applies. If 5 members are |
27 |
| elected in 1983 pursuant to the extension
of terms provided by
|
28 |
| law for transition to the consolidated election schedule under |
29 |
| the general
election law, 2 of those members shall be elected |
30 |
| to serve terms of 2 years
and 3 shall be elected to serve terms |
31 |
| of 4 years; their successors shall
serve for a 4 year term. |
32 |
| When the voters of a district have voted to elect
members of |
33 |
| the board of education for 6 year terms, as provided in Section
|
34 |
| 9-5, the terms of office of members of the board of education |
35 |
| of that
district expire when their successors assume office but |
|
|
|
SB2795 Engrossed |
- 33 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| not later than 7
days after such election. If at the regular |
2 |
| school election held in the
first odd-numbered year after the |
3 |
| determination to elect members for 6 year
terms 2 members are |
4 |
| elected, they shall serve for a 6 year term; and of the
members |
5 |
| elected at the next regular school election 3 shall serve for a
|
6 |
| term of 6 years and 2 shall serve a term of 2 years. Thereafter |
7 |
| members
elected in such districts shall be elected to a 6 year |
8 |
| term. If at the
regular school election held in the first |
9 |
| odd-numbered year after the
determination to elect members for |
10 |
| 6 year terms 3 members are elected, they
shall serve for a 6 |
11 |
| year term; and of the members elected at the next
regular |
12 |
| school election 2 shall serve for a term of 2 years and 2 shall
|
13 |
| serve for a term of 6 years. Thereafter members elected in such |
14 |
| districts
shall be elected to a 6 year term. If at the regular |
15 |
| school election held
in the first odd-numbered year after the |
16 |
| determination to elect members for
6 year terms 4 members are |
17 |
| elected, 3 shall serve for a term of 6 years and
one shall |
18 |
| serve for a term of 2 years; and of the members elected at the
|
19 |
| next regular school election 2 shall serve for terms of 6 years |
20 |
| and 2 shall
serve for terms of 2 years. Thereafter members |
21 |
| elected in such districts
shall be elected to a 6 year term. If |
22 |
| at the regular school election held
in the first odd-numbered |
23 |
| year after the determination to elect members for
a 6 year term |
24 |
| 5 members are elected, 3 shall serve for a term of 6 years
and 2 |
25 |
| shall serve for a term of 2 years; and of the members elected |
26 |
| at the
next regular school election 2 shall serve for terms of |
27 |
| 6 years and 2 shall
serve for terms of 2 years. Thereafter |
28 |
| members elected in such districts
shall be elected to a 6 year |
29 |
| term. An election for board members shall not
be held in school |
30 |
| districts which by consolidation, annexation or otherwise
|
31 |
| shall cease to exist as a school district within 6 months after |
32 |
| the
election date, and the term of all board members which |
33 |
| would otherwise
terminate shall be continued until such |
34 |
| district shall cease to exist. Each
member, on the date of his |
35 |
| or her election, shall be a
citizen of the United
States of the |
36 |
| age of 18 years or over, shall be a resident of the State and
|
|
|
|
SB2795 Engrossed |
- 34 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| the
territory of the district for at least one year immediately |
2 |
| preceding his or
her
election, shall be a registered voter as |
3 |
| provided in the general election
law,
shall not be a school |
4 |
| trustee or a school treasurer, and shall not be a child
sex |
5 |
| offender as defined in Section 11-9.3 of the
Criminal Code of |
6 |
| 1961. When the board of
education is the successor of the |
7 |
| school directors, all rights of property,
and all rights |
8 |
| regarding causes of action existing or vested in such
|
9 |
| directors, shall vest in it as fully as they were vested in the |
10 |
| school
directors. Terms of members are subject to Section 2A-54 |
11 |
| of the Election Code.
|
12 |
| Nomination papers filed under this Section are not valid |
13 |
| unless the candidate
named therein files with the secretary of |
14 |
| the board of education or with
a person designated by the board |
15 |
| to receive nominating petitions a receipt
from the county clerk |
16 |
| showing that the candidate has filed a statement of
economic |
17 |
| interests as required by the Illinois Governmental Ethics Act.
|
18 |
| Such receipt shall be so filed either previously during the |
19 |
| calendar year
in which his nomination papers were filed or |
20 |
| within the period for the filing
of nomination papers in |
21 |
| accordance with the general election law.
|
22 |
| Whenever a vacancy occurs, the remaining members shall |
23 |
| notify the
regional superintendent of that vacancy within 5 |
24 |
| days after its occurrence
and shall proceed to fill the vacancy |
25 |
| until the next regular school
election, at which election a |
26 |
| successor shall be elected to serve the
remainder of the |
27 |
| unexpired term. However, if the vacancy occurs with less
than |
28 |
| 868 days remaining in the term, or if the vacancy occurs
less |
29 |
| than 88
days before the next regularly scheduled election for |
30 |
| this office then the
person so appointed shall serve the |
31 |
| remainder of the unexpired term, and no
election to fill the |
32 |
| vacancy shall be held. Should they fail so to
act, within 45 |
33 |
| days after the vacancy occurs, the regional superintendent
of |
34 |
| schools under whose supervision and control the district is |
35 |
| operating,
as defined in Section 3-14.2 of this Act, shall |
36 |
| within 30 days after the
remaining members have failed to fill |
|
|
|
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LRB094 16461 NHT 51721 b |
|
|
1 |
| the vacancy, fill the vacancy as
provided for herein. Upon the |
2 |
| regional superintendent's failure to fill the
vacancy, the |
3 |
| vacancy shall be filled at the next regularly scheduled
|
4 |
| election. Whether elected or appointed by the remaining members |
5 |
| or regional
superintendent, the successor shall be an |
6 |
| inhabitant of the particular area
from which his or her |
7 |
| predecessor was elected if the residential requirements
|
8 |
| contained in Section 10-10.5
11A-8, 11B-7, or 12-2 of this Code
|
9 |
| Act apply.
|
10 |
| A board of education may appoint a student to the board to |
11 |
| serve in an advisory capacity. The student member shall serve |
12 |
| for a term as determined by the board. The board may not grant |
13 |
| the student member any voting privileges, but shall consider |
14 |
| the student member as an advisor. The student member may not |
15 |
| participate in or attend any executive session of the board.
|
16 |
| (Source: P.A. 93-309, eff. 1-1-04; 94-231, eff. 7-14-05.)
|
17 |
| (105 ILCS 5/10-10.5 new) |
18 |
| Sec. 10-10.5. Community unit school district or combined |
19 |
| school district formation; school board election. |
20 |
| (a) Except as otherwise provided in subsection (b) of this |
21 |
| Section, for community unit school districts formed before |
22 |
| January 1, 1975 and for combined school districts formed before |
23 |
| July 1, 1983, the following provisions apply: |
24 |
| (1) if the territory of the district is greater than 2 |
25 |
| congressional townships or 72 square miles, then not more |
26 |
| than 3 board members may be selected from any one |
27 |
| congressional township, except that congressional |
28 |
| townships of less than 100 inhabitants shall not be |
29 |
| considered for the purpose of this mandatory board |
30 |
| representation; |
31 |
| (2) if in the community unit school district or |
32 |
| combined school district at least 75% but not more than 90% |
33 |
| of the population is in one congressional township, then 4 |
34 |
| board members shall be selected from the congressional |
35 |
| township and 3 board members shall be selected from the |
|
|
|
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|
|
1 |
| rest of the district, except that if in the community unit |
2 |
| school district or combined school district more than 90% |
3 |
| of the population is in one congressional township, then |
4 |
| all board members may be selected from one or more |
5 |
| congressional townships; and |
6 |
| (3) if the territory of any community unit school |
7 |
| district or combined school district consists of not more |
8 |
| than 2 congressional townships or 72 square miles, but |
9 |
| consists of more than one congressional township or 36 |
10 |
| square miles, outside of the corporate limits of any city, |
11 |
| village, or incorporated town within the school district, |
12 |
| then not more than 5 board members may be selected from any |
13 |
| city, village, or incorporated town in the school district. |
14 |
| (b)(1) The provisions of subsection (a) of this Section for |
15 |
| mandatory board representation shall no longer apply to a |
16 |
| community unit school district formed before January 1, 1975, |
17 |
| to a combined school district formed before July 1, 1983, or to |
18 |
| community consolidated school districts, and the members of the |
19 |
| board of education shall be elected at large from within the |
20 |
| school district and without restriction by area of residence |
21 |
| within the district if both of the following conditions are met |
22 |
| with respect to that district: |
23 |
| (A) A proposition for the election of board members at |
24 |
| large and without restriction by area of residence within |
25 |
| the school district rather than in accordance with the |
26 |
| provisions of subsection (a) of this Section for mandatory |
27 |
| board representation is submitted to the school district's |
28 |
| voters at a regular school election or at the general |
29 |
| election as provided in this subsection (b). |
30 |
| (B) A majority of those voting at the election in each |
31 |
| congressional township comprising the territory of the |
32 |
| school district, including any congressional township of |
33 |
| less than 100 inhabitants, vote in favor of the |
34 |
| proposition. |
35 |
| (2) The school board may, by resolution, order |
36 |
| submitted or, upon the petition of the lesser of 2,500 or |
|
|
|
SB2795 Engrossed |
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|
|
1 |
| 5% of the school district's registered voters, shall order |
2 |
| submitted to the school district's voters, at a regular |
3 |
| school election or at the general election, the proposition |
4 |
| for the election of board members at large and without |
5 |
| restriction by area of residence within the district rather |
6 |
| than in accordance with the provisions of subsection (a) of |
7 |
| this Section for mandatory board representation; and the |
8 |
| proposition shall thereupon be certified by the board's |
9 |
| secretary for submission. |
10 |
| (3) If a majority of those voting at the election in |
11 |
| each congressional township comprising the territory of |
12 |
| the school district, including any congressional township |
13 |
| of less than 100 inhabitants, vote in favor of the |
14 |
| proposition: |
15 |
| (A) the proposition to elect board members at large |
16 |
| and without restriction by area of residence within the |
17 |
| district shall be deemed to have passed, |
18 |
| (B) new members of the board shall be elected at |
19 |
| large and without restriction by area of residence |
20 |
| within the district at the next regular school |
21 |
| election, and |
22 |
| (C) the terms of office of the board members |
23 |
| incumbent at the time the proposition is adopted shall |
24 |
| expire when the new board members that are elected at |
25 |
| large and without restriction by area of residence |
26 |
| within the district have organized in accordance with |
27 |
| Section 10-16. |
28 |
| (4) In a community unit school district, a combined |
29 |
| school district, or a community consolidated school |
30 |
| district that formerly elected its members under |
31 |
| subsection (a) of this Section to successive terms not |
32 |
| exceeding 4 years, the members elected at large and without |
33 |
| restriction by area of residence within the district shall |
34 |
| be elected for a term of 4 years, and in a community unit |
35 |
| school district or combined school district that formerly |
36 |
| elected its members under subsection (a) of this Section to |
|
|
|
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LRB094 16461 NHT 51721 b |
|
|
1 |
| successive terms not exceeding 6 years, the members elected |
2 |
| at large and without restriction by area of residence |
3 |
| within the district shall be elected for a term of 6 years; |
4 |
| provided that in each case the terms of the board members |
5 |
| initially elected at large and without restriction by area |
6 |
| of residence within the district as provided in this |
7 |
| subsection (b) shall be staggered and determined in |
8 |
| accordance with the provisions of Sections 10-10 and 10-16 |
9 |
| of this Code.
|
10 |
| (105 ILCS 5/10-11) (from Ch. 122, par. 10-11)
|
11 |
| Sec. 10-11. Vacancies. Elective offices become vacant |
12 |
| within the meaning of the Act, unless the
context indicates |
13 |
| otherwise, on the happening of any of the following
events, |
14 |
| before the expiration of the term of such office:
|
15 |
| 1. The death of the incumbent.
|
16 |
| 2. His or her resignation in writing filed with the |
17 |
| Secretary or Clerk of
the
Board.
|
18 |
| 3. His or her becoming a person under legal disability.
|
19 |
| 4. His or her ceasing to be an inhabitant of the district |
20 |
| for which
he or she was
elected.
|
21 |
| 5. His or her conviction of an infamous crime, of any |
22 |
| offense
involving a
violation of official oath, or of a violent |
23 |
| crime against a child.
|
24 |
| 6. His or her removal from office.
|
25 |
| 7. The decision of a competent tribunal declaring his or |
26 |
| her election void.
|
27 |
| 8. His ceasing to be an inhabitant of a particular area |
28 |
| from which he
was elected, if the residential requirements |
29 |
| contained in Section 10-10.5, 11E-35
11A-8,
11B-7 , or 12-2
of |
30 |
| this Code
Act are violated.
|
31 |
| No elective office except as herein otherwise provided |
32 |
| becomes vacant
until the successor of the incumbent of such |
33 |
| office has been appointed or
elected, as the case may be, and |
34 |
| qualified. The successor shall have the
same type of |
35 |
| residential qualifications as his or her predecessor and, if |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| the
residential requirements contained in Section 10-10.5, |
2 |
| 11E-35,
11A-8, 11B-7, or 12-2 of this Code
Act
apply, the |
3 |
| successor, whether elected or appointed by the remaining |
4 |
| members or
a regional superintendent, shall be an inhabitant of |
5 |
| the particular area from
which his or her predecessor was |
6 |
| elected.
|
7 |
| (Source: P.A. 91-376, eff. 1-1-00.)
|
8 |
| (105 ILCS 5/10-16) (from Ch. 122, par. 10-16)
|
9 |
| Sec. 10-16. Organization of Board. Within 28 days after the |
10 |
| consolidated
election, other than the consolidated elections |
11 |
| in 1999 and 2001, the
board shall organize by electing its |
12 |
| officers and fixing a time and place
for the regular meetings. |
13 |
| However, when school board members are elected at
the |
14 |
| consolidated elections held in April of 1999 and April of 2001, |
15 |
| the board
shall organize within 7 days after the first Tuesday |
16 |
| after the first Monday of
November in each such year by |
17 |
| electing officers and setting the time and place
of the regular |
18 |
| meetings. Upon organizing itself as provided in this paragraph,
|
19 |
| the board shall enter upon the discharge of its duties.
|
20 |
| The regional superintendent of schools having supervision |
21 |
| and control, as
provided in Section 3-14.2, of a new school
|
22 |
| district that is governed by the School Code and formed on or |
23 |
| after the
effective date of this amendatory Act of 1998 shall |
24 |
| convene
the newly elected board within 7 days after the |
25 |
| election of the board of
education of that district, whereupon
|
26 |
| the board
shall proceed to organize by electing one of their |
27 |
| number as
president and
electing a secretary, who may or may |
28 |
| not be a member. At such meeting the
length of term of each of |
29 |
| the members shall be determined by lot so that 4
shall serve |
30 |
| for 4 years, and 3 for 2 years from the commencement of their
|
31 |
| terms; provided, however, if such members were not elected at |
32 |
| the
consolidated election in an odd-numbered year, such initial
|
33 |
| terms shall be
extended to the consolidated election for school |
34 |
| board
members immediately
following the expiration of the |
35 |
| initial 4 or 2 year terms.
The provisions of this paragraph |
|
|
|
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LRB094 16461 NHT 51721 b |
|
|
1 |
| that relate to the determination of terms by
lot shall not |
2 |
| apply to the initial members of the board of education of a
|
3 |
| combined school district who are to be elected to unstaggered |
4 |
| terms as provided
in subsection (a-5) of Section 11B-7 .
|
5 |
| The terms of the
officers of a board of education shall be |
6 |
| for 2 years, except that
the
terms of the officers elected at |
7 |
| the organization meeting in November, 2001
shall expire at the |
8 |
| organization meeting in April, 2003; provided that the
board by |
9 |
| resolution may
establish a policy for the terms of office to be |
10 |
| one year, and provide for
the election of officers.
|
11 |
| Special meetings of the board of education may be called by |
12 |
| the president
or by any 3 members of the board by giving notice |
13 |
| thereof in writing, stating
the time, place and purpose of the |
14 |
| meeting. Such notice may be served by
mail 48 hours before such |
15 |
| meeting or by personal service 24 hours before
such meeting. |
16 |
| Public notice of meetings must also be given as prescribed in
|
17 |
| Sections 2.02 and 2.03 of the Open Meetings Act, as now or |
18 |
| hereafter amended.
|
19 |
| At each regular and special meeting which is open to the |
20 |
| public, members
of the public and employees of the district |
21 |
| shall be afforded time, subject
to reasonable constraints, to |
22 |
| comment to or ask questions of the board.
|
23 |
| The president or district superintendent shall, at each |
24 |
| regular board
meeting, report any requests made of the district |
25 |
| under provisions of The
Freedom of Information Act and shall |
26 |
| report the status of the district's
response.
|
27 |
| (Source: P.A. 93-847, eff. 7-30-04.)
|
28 |
| (105 ILCS 5/10-21.12) (from Ch. 122, par. 10-21.12)
|
29 |
| Sec. 10-21.12. Transfer of teachers. The employment of a |
30 |
| teacher
transferred from one board or administrative agent to |
31 |
| the control of a new
or different board or administrative agent |
32 |
| shall be considered continuous
employment if such
transfer of |
33 |
| employment occurred by reason of any of the following events:
|
34 |
| (1) a boundary change or the creation or reorganization of |
35 |
| any school
district pursuant to Article 7 or 11E , 7A, 11A or |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| 11B ; or
|
2 |
| (2) the deactivation or reactivation of any high school or |
3 |
| elementary school pursuant to
Section 10-22.22b; or
|
4 |
| (3) the creation, expansion, reduction or dissolution of a |
5 |
| special
education program pursuant
to Section 10-22.31, or the |
6 |
| creation, expansion, reduction or dissolution of a joint
|
7 |
| educational program established under Section 10-22.31a; or
|
8 |
| (4) the creation, expansion, reduction, termination or |
9 |
| dissolution of
any joint agreement program operated by a |
10 |
| regional superintendent,
governing board, or other |
11 |
| administrative agent or any program operated
pursuant to an |
12 |
| Intergovernmental Joint Agreement. The changes made by this
|
13 |
| amendatory Act of 1990 are declaratory of existing law.
|
14 |
| (Source: P.A. 94-213, eff. 7-14-05.)
|
15 |
| (105 ILCS 5/11C-6) (from Ch. 122, par. 11C-6)
|
16 |
| Sec. 11C-6. Credited unfunded indebtedness. Each district |
17 |
| from which
territory is taken shall be credited with all |
18 |
| unfunded indebtedness of such
district and with the estimated |
19 |
| cost of operating the schools of the district
for the balance |
20 |
| of the school year if the district from which territory
is |
21 |
| taken continues to administer the schools until the succeeding |
22 |
| July 1
as provided in Section 11A-10 .
|
23 |
| (Source: P.A. 83-686.)
|
24 |
| (105 ILCS 5/11C-9) (from Ch. 122, par. 11C-9)
|
25 |
| Sec. 11C-9. Accounting waived. If no stipulation is made as |
26 |
| provided
in Section 11A-3 of this Act or if the stipulation is |
27 |
| refused by the regional
superintendent the boards of the |
28 |
| districts affected by the change in boundaries
in the creation |
29 |
| of a new district may waive accounting or stipulate
as to the |
30 |
| valuation of any kind or parcel of property or as to a basis |
31 |
| for
apportionment other than that provided in Section 11C-7 of |
32 |
| this Act by concurrent
resolution filed with the regional |
33 |
| superintendent prior to or within
30 days after the election of |
34 |
| the school board for the newly created district.
Such |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| resolution shall be subject to the approval of the regional |
2 |
| superintendent
and if approved, the accounting shall be |
3 |
| dispensed with or modified as the
resolution may provide.
|
4 |
| (Source: P.A. 83-686.)
|
5 |
| (105 ILCS 5/Art. 11E heading new) |
6 |
| ARTICLE 11E. CONVERSION AND FORMATION OF SCHOOL DISTRICTS |
7 |
| (105 ILCS 5/11E-5 new) |
8 |
| Sec. 11E-5. Purpose and applicability. The purpose of this |
9 |
| Article is to permit greater flexibility and efficiency in the |
10 |
| reorganization and formation of school districts for the |
11 |
| improvement of the administration and quality of educational |
12 |
| services and for the best interests of pupils. This Article |
13 |
| applies only to school districts with under 500,000 |
14 |
| inhabitants. |
15 |
| (105 ILCS 5/11E-10 new) |
16 |
| Sec. 11E-10. Definitions. In this Article: |
17 |
| "Affected district" means any school district with |
18 |
| territory included in a petition for reorganization under this |
19 |
| Article that encompasses (i) 25% or more of the total land area |
20 |
| of the district, (ii) more than 8% of the student enrollment of |
21 |
| the district, or (iii) more than 8% of the equalized assessed |
22 |
| valuation of the district. |
23 |
| "Combined high school - unit district" means a school |
24 |
| district resulting from the combination of a high school |
25 |
| district and a unit district. |
26 |
| "Combined school district" means any district resulting |
27 |
| from the combination of 2 or more entire elementary districts, |
28 |
| 2 or more entire high school districts, or 2 or more entire |
29 |
| unit districts. |
30 |
| "Dual district" means a high school district and all of its |
31 |
| feeder elementary districts collectively. |
32 |
| "Elementary district" means a school district organized |
33 |
| and established for purposes of providing instruction up to and |
|
|
|
SB2795 Engrossed |
- 43 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| including grade 8. "Elementary district" includes common |
2 |
| elementary school districts, consolidated elementary school |
3 |
| districts, community consolidated school districts, combined |
4 |
| elementary districts, and charter elementary districts. |
5 |
| "Elementary purposes" means the purposes of providing |
6 |
| instruction up to and including grade 8. |
7 |
| "High school district" means a school district organized |
8 |
| and established for purposes of providing instruction in grades |
9 |
| 9 through 12. "High school district" includes charter high |
10 |
| school districts, township high school districts, consolidated |
11 |
| high school districts, community high school districts, and |
12 |
| non-high school districts. |
13 |
| "High school purposes" means the purposes of providing |
14 |
| instruction in grades nine through 12. |
15 |
| "High school - unit conversion" means a school district |
16 |
| conversion authorized under subsection (a) of Section 11E-15 of |
17 |
| this Code.
|
18 |
| "K through 12 purposes" means the purposes of providing |
19 |
| instruction up to and including grade 12.
|
20 |
| "Multi-unit conversion" means the formation of a combined |
21 |
| high school - unit district and one or more new elementary |
22 |
| districts as authorized under subsection (b) of Section 11E-30 |
23 |
| of this Code.
|
24 |
| "Optional elementary unit district" means a unit district |
25 |
| resulting from the combination of a high school district and |
26 |
| the combination of any one or more elementary districts |
27 |
| electing to organize as an optional elementary unit district. |
28 |
| "Partial elementary unit district" means either a combined |
29 |
| high school - unit district or an optional elementary unit |
30 |
| district. |
31 |
| "School board" means either a board of education or a board |
32 |
| of school directors. |
33 |
| "School district conversion" means a high school - unit |
34 |
| conversion or a unit to dual conversion. |
35 |
| "School needs" means the needs of the proposed school |
36 |
| district and any districts in the area adjacent thereto in |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| relation to, without limitation, providing a full range of high |
2 |
| quality educational and extracurricular programs, maintaining |
3 |
| a full complement of professional staff to deliver optimal |
4 |
| educational services, meeting the program and staff needs of |
5 |
| all students, including students with disabilities and |
6 |
| students in career and technical education courses, maximizing |
7 |
| community involvement in school governance, operating on an |
8 |
| economically efficient basis, and maintaining a sufficient |
9 |
| local tax base. |
10 |
| "Substantially coterminous" means that a high school |
11 |
| district and one or more elementary districts share the same |
12 |
| boundaries or share the same boundaries except for territory |
13 |
| encompassing, for a particular district, (i) less than 25% of |
14 |
| the land area of the district, (ii) less than 8% of the student |
15 |
| enrollment of the district, and (iii) less than 8% of the |
16 |
| equalized assessed valuation of the district. |
17 |
| "Unit district" means a school district organized and |
18 |
| established for purposes of providing instruction up to and |
19 |
| including grade 12. "Unit district" includes charter (K through |
20 |
| 12) districts, community unit districts, community |
21 |
| consolidated unit districts, other districts that, prior to the |
22 |
| adoption of the community consolidated unit district and |
23 |
| community unit district, authorizing legislation had expanded |
24 |
| to provide instruction through the 12th grade (commonly |
25 |
| referred to as "Old Type" unit districts), and partial |
26 |
| elementary unit districts organized pursuant to the provisions |
27 |
| of this Article.
|
28 |
| "Unit to dual conversion" means a school district |
29 |
| conversion authorized under subsection (b) of Section 11E-15 of |
30 |
| this Code.
|
31 |
| (105 ILCS 5/11E-15 new) |
32 |
| Sec. 11E-15. School district conversion. |
33 |
| (a)
One or more unit districts and one or more high school |
34 |
| districts, all of which are contiguous, may, under the |
35 |
| provisions of this Article, be converted into a dual district |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| through the dissolution of the unit district or districts and |
2 |
| the high school district or districts if the following apply: |
3 |
| (1) each elementary district to be created includes all |
4 |
| of the territory within a unit district to be dissolved; |
5 |
| and |
6 |
| (2) the high school district to be created includes all |
7 |
| of the territory within the unit districts and high school |
8 |
| districts to be dissolved. |
9 |
| (b) Two or more contiguous unit districts may, under the |
10 |
| provisions of this Article, dissolve and form a single new high |
11 |
| school district and new elementary districts that are based |
12 |
| upon the boundaries of the dissolved unit districts.
|
13 |
| (105 ILCS 5/11E-20 new) |
14 |
| Sec. 11E-20. Combined school district formation. |
15 |
| (a)(1) The territory of 2 or more entire contiguous |
16 |
| elementary districts may be organized into a combined |
17 |
| elementary district under the provisions of this Article. |
18 |
| (2) Any 2 or more entire elementary districts that |
19 |
| collectively are within or substantially coterminous with |
20 |
| the boundaries of a high school district, regardless of |
21 |
| whether the districts are compact and contiguous with each |
22 |
| other, may be organized into a combined school district in |
23 |
| accordance with this Article. |
24 |
| (b) Any 2 or more entire contiguous high school districts |
25 |
| may be organized into a combined high school district under the |
26 |
| provisions of this Article. |
27 |
| (c) Any 2 or more entire contiguous unit districts may be |
28 |
| organized into a combined unit district under the provisions of |
29 |
| this Article.
|
30 |
| (105 ILCS 5/11E-25 new) |
31 |
| Sec. 11E-25. Unit district formation. |
32 |
| (a) Any contiguous and compact territory, no part of which |
33 |
| is included within any unit district, may be organized into a |
34 |
| unit district as provided in this Article. |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| (b) The territory of one or more entire unit districts that |
2 |
| are contiguous to each other, plus any contiguous and compact |
3 |
| territory no part of which is included within any unit |
4 |
| district, and the territory of which taken as a whole is |
5 |
| compact may be organized into a unit district as provided in |
6 |
| this Article.
|
7 |
| (105 ILCS 5/11E-30 new) |
8 |
| Sec. 11E-30. Partial elementary unit district formation. |
9 |
| (a) One or more entire high school districts and one or |
10 |
| more entire unit districts, all of which are contiguous, may be |
11 |
| organized into a combined high school - unit district as |
12 |
| provided in this Article. The combined high school - unit |
13 |
| district shall serve all residents of the district for high |
14 |
| school purposes and those residents residing in the portion of |
15 |
| the territory included within the boundaries of the dissolved |
16 |
| unit district or districts for elementary purposes. |
17 |
| (b) One or more contiguous unit districts may, as provided |
18 |
| in this Article, dissolve and form a single new combined high |
19 |
| school - unit district and one or more new elementary |
20 |
| districts. The boundaries of the new elementary district or |
21 |
| districts shall be based upon the boundaries of the dissolved |
22 |
| unit district or districts electing to join the combined high |
23 |
| school - unit district only for high school purposes. Territory |
24 |
| included within the boundaries of the new elementary district |
25 |
| or districts shall be served by the new combined high school - |
26 |
| unit district only for high school purposes. All other |
27 |
| territory within the combined high school - unit district shall |
28 |
| be served by the combined high school - unit district for both |
29 |
| high school and elementary purposes. |
30 |
| (c) A high school district and 2 or more elementary |
31 |
| districts that collectively are substantially coterminous may |
32 |
| seek to organize into an optional elementary unit district as |
33 |
| provided in this Article. The optional elementary unit district |
34 |
| shall serve all residents of the district for high school |
35 |
| purposes. The optional elementary unit district shall serve |
|
|
|
SB2795 Engrossed |
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|
1 |
| residents of only those elementary districts electing to join |
2 |
| the optional elementary unit district, as determined in |
3 |
| accordance with subsection (b) of Section 11E-65 of this Code, |
4 |
| for elementary purposes. The corporate existence of any |
5 |
| elementary district electing not to join the optional |
6 |
| elementary unit district in accordance with subsection (b) of |
7 |
| Section 11E-65 of this Code shall not be affected by the |
8 |
| formation of an optional elementary unit district, and an |
9 |
| elementary district electing not to join the optional |
10 |
| elementary unit district shall continue to serve residents of |
11 |
| the district for elementary purposes. |
12 |
| (d)(1) For 5 years following the formation of an optional |
13 |
| elementary unit district, any elementary district that elected |
14 |
| not to join an optional elementary unit district for elementary |
15 |
| purposes may elect to dissolve and combine with the optional |
16 |
| elementary unit district by filing a petition that requests the |
17 |
| submission of the proposition at a regularly scheduled election |
18 |
| for the purpose of voting for or against joining the optional |
19 |
| elementary unit district and that complies with the other |
20 |
| provisions of this Article. |
21 |
| (2) After an election in which an elementary district |
22 |
| votes to join an optional elementary unit district in |
23 |
| accordance with paragraph (1) of this subsection (d), but |
24 |
| prior to the dissolution of the elementary district, the |
25 |
| elementary district must first issue funding bonds |
26 |
| pursuant to Sections 19-8 and 19-9 of this Code to |
27 |
| liquidate any operational deficit or debt incurred or |
28 |
| accumulated since the date of the election in which the |
29 |
| proposition to form the optional elementary unit district |
30 |
| passed. The elementary district shall not be required to |
31 |
| comply with the backdoor referenda provisions of Section |
32 |
| 19-9 of this Code as a condition of issuing the funding |
33 |
| bonds. If applicable, the tax levy to pay the debt service |
34 |
| on the funding bonds shall not be included in the |
35 |
| district's aggregate extension base under Section 18-210 |
36 |
| of the Property Tax Code. Taxes levied to repay principal |
|
|
|
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|
1 |
| and interest on any long term debt incurred or accumulated |
2 |
| between the date of the election in which the proposition |
3 |
| to form the optional elementary unit district passed and |
4 |
| the date of the elementary district's dissolution and |
5 |
| joining the optional elementary unit district in |
6 |
| accordance with paragraph (1) of this subsection (d) shall |
7 |
| be levied and extended only against the territory of the |
8 |
| elementary district as it existed prior to dissolution. |
9 |
| (3) If all eligible elementary districts elect to join |
10 |
| an optional elementary unit district in accordance with |
11 |
| this subsection (d), the optional elementary unit district |
12 |
| shall thereafter be deemed a unit district for all purposes |
13 |
| of this Code.
|
14 |
| (105 ILCS 5/11E-35 new) |
15 |
| Sec. 11E-35. Petition filing. |
16 |
| (a) A petition shall be filed with the regional |
17 |
| superintendent of schools of the educational service region in |
18 |
| which the territory described in the petition or that part of |
19 |
| the territory with the greater percentage of equalized assessed |
20 |
| valuation is situated. The petition must do the following: |
21 |
| (1) be signed by at least 50 legal resident voters or |
22 |
| 10% of the legal resident voters, whichever is less, |
23 |
| residing within each affected district; or |
24 |
| (2) be approved by the school board in each affected |
25 |
| district. |
26 |
| (b) The petition shall contain all of the following: |
27 |
| (1) A request to submit the proposition at a regular |
28 |
| scheduled election for the purpose of voting: |
29 |
| (A) for or against a high school - unit conversion; |
30 |
| (B) for or against a unit to dual conversion; |
31 |
| (C) for or against the establishment of a combined |
32 |
| elementary district; |
33 |
| (D) for or against the establishment of a combined |
34 |
| high school district; |
35 |
| (E) for or against the establishment of a combined |
|
|
|
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|
|
1 |
| unit district; |
2 |
| (F) for or against the establishment of a unit |
3 |
| district from dual district territory exclusively; |
4 |
| (G) for or against the establishment of a unit |
5 |
| district from both dual district and unit district |
6 |
| territory; |
7 |
| (H) for or against the establishment of a combined |
8 |
| high school - unit district from a combination of one |
9 |
| or more high school districts and one or more unit |
10 |
| districts; |
11 |
| (I) for or against the establishment of a combined |
12 |
| high school - unit district and one or more new |
13 |
| elementary districts through a multi-unit conversion;
|
14 |
| (J) for or against the establishment of an optional |
15 |
| elementary unit district from a combination of a |
16 |
| substantially coterminous dual district; or |
17 |
| (K) for or against dissolving and becoming part of |
18 |
| an optional elementary unit district. |
19 |
| (2) A description of the territory comprising the |
20 |
| districts proposed to be dissolved and those to be created, |
21 |
| which, for an entire district, may be a general reference |
22 |
| to all of the territory included within that district. |
23 |
| (3) A specification of the maximum tax rates for |
24 |
| various purposes the proposed district or districts shall |
25 |
| be authorized to levy for various purposes and, if |
26 |
| applicable, the specifications related to the Property Tax |
27 |
| Extension Limitation Law, in accordance with Section |
28 |
| 11E-80 of this Code. |
29 |
| (4) A description of how supplementary State deficit |
30 |
| difference payments made under subsection (c) of Section |
31 |
| 11E-135 of this Code will be allocated among the new |
32 |
| districts proposed to be formed. |
33 |
| (5) Where applicable, a division of assets and |
34 |
| liabilities to be allocated to the proposed new or annexing |
35 |
| school district or districts in the manner provided in |
36 |
| Section 11E-105 of this Code. |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| (6) If desired, a request that at that same election as |
2 |
| the reorganization proposition a school board or boards be |
3 |
| elected on a separate ballot or ballots to serve as the |
4 |
| school board or boards of the proposed new district or |
5 |
| districts. Any election of board members at the same |
6 |
| election at which the proposition to create the district or |
7 |
| districts to be served by the board or boards is submitted |
8 |
| to the voters shall proceed under the supervision of the |
9 |
| regional superintendent of schools as provided in Section |
10 |
| 11E-55 of this Code. |
11 |
| (7) If desired, a request that the referendum at which |
12 |
| the proposition is submitted for the purpose of voting for |
13 |
| or against the establishment of a unit district (other than |
14 |
| a partial elementary unit district) include as part of the |
15 |
| proposition the election of board members by school board |
16 |
| district rather than at large. Any petition requesting the |
17 |
| election of board members by district shall divide the |
18 |
| proposed school district into 7 school board districts, |
19 |
| each of which must be compact and contiguous and |
20 |
| substantially equal in population to each other school |
21 |
| board district. Any election of board members by school |
22 |
| board district shall proceed under the supervision of the |
23 |
| regional superintendent of schools as provided in Section |
24 |
| 11E-55 of this Code. |
25 |
| (8) If desired, a request that the referendum at which |
26 |
| the proposition is submitted for the purpose of voting for |
27 |
| or against the establishment of a unit to dual conversion |
28 |
| include as part of the proposition the election of board |
29 |
| members for the new high school district (i) on an at large |
30 |
| basis, (ii) with board members representing each of the |
31 |
| forming elementary school districts, or (iii) a |
32 |
| combination of both. The format for the election of the new |
33 |
| high school board must be defined in the petition. When 4 |
34 |
| or more unit school districts and a combination of board |
35 |
| members representing each of the forming elementary school |
36 |
| districts are involved and at large formats are used, one |
|
|
|
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LRB094 16461 NHT 51721 b |
|
|
1 |
| member must be elected from each of the forming elementary |
2 |
| school districts. The remaining members may be elected on |
3 |
| an at large basis, provided that none of the underlying |
4 |
| elementary school districts have a majority on the |
5 |
| resulting high school board. When 3 unit school districts |
6 |
| and a combination of board members representing each of the |
7 |
| forming elementary school districts are involved and at |
8 |
| large formats are used, 2 members must be elected from each |
9 |
| of the forming elementary school districts. The remaining |
10 |
| member must be elected at large. |
11 |
| (9) If desired, a request that the referendum at which |
12 |
| the proposition shall be submitted include a proposition on |
13 |
| a separate ballot authorizing the issuance of bonds by the |
14 |
| district or districts when organized in accordance with |
15 |
| this Article. However, if the petition is submitted for the |
16 |
| purpose of voting for or against the establishment of an |
17 |
| optional elementary unit district, the petition may |
18 |
| request only that the referendum at which the proposition |
19 |
| is submitted include a proposition on a separate ballot |
20 |
| authorizing the issuance of bonds for high school purposes |
21 |
| (and not elementary purposes) by the district when |
22 |
| organized in accordance with this Article. The principal |
23 |
| amount of the bonds and the purposes of issuance, including |
24 |
| a specification of elementary or high school purposes if |
25 |
| the proposed issuance is to be made by a combined high |
26 |
| school - unit district, shall be stated in the petition and |
27 |
| in all notices and propositions submitted thereunder. |
28 |
| (10) A designation of a committee of ten of the |
29 |
| petitioners as attorney in fact for all petitioners, any 7 |
30 |
| of whom may at any time, prior to the final decision of the |
31 |
| regional superintendent of schools, amend the petition in |
32 |
| all respects (except that, for a unit district formation, |
33 |
| there may not be an increase or decrease of more than 25% |
34 |
| of the territory to be included in the proposed district) |
35 |
| and make binding stipulations on behalf of all petitioners |
36 |
| as to any question with respect to the petition, including |
|
|
|
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|
|
1 |
| the power to stipulate to accountings or the waiver thereof |
2 |
| between school districts. |
3 |
| (c) The regional superintendent of schools shall not accept |
4 |
| for filing under the authority of this Section any petition |
5 |
| that includes any territory already included as part of the |
6 |
| territory described in another pending petition filed under the |
7 |
| authority of this Section. |
8 |
| (d)(1) Those designated as the Committee of Ten shall serve |
9 |
| in that capacity until such time as the regional superintendent |
10 |
| of schools determines that, because of death, resignation, |
11 |
| transfer of residency from the territory, failure to qualify, |
12 |
| or any other reason, the office of a particular member of the |
13 |
| Committee of Ten is vacant. Upon determination by the regional |
14 |
| superintendent of schools that these vacancies exist, he or she |
15 |
| shall declare the vacancies and shall notify the remaining |
16 |
| members to appoint a petitioner or petitioners, as the case may |
17 |
| be, to fill the vacancies in the Committee of Ten so |
18 |
| designated. An appointment by the Committee of Ten to fill a |
19 |
| vacancy shall be made by a simple majority vote of the |
20 |
| designated remaining members. |
21 |
| (2) Failure of a person designated as a member of the |
22 |
| Committee of Ten to sign the petition shall not disqualify |
23 |
| that person as a member of the Committee of Ten, and that |
24 |
| person may sign the petition at any time prior to final |
25 |
| disposition of the petition and the conclusion of the |
26 |
| proceedings to form a new school district or districts, |
27 |
| including all litigation pertaining to the petition or |
28 |
| proceedings. |
29 |
| (3) Except as stated in item (10) of subsection (b) of |
30 |
| this Section, the Committee of Ten shall act by majority |
31 |
| vote of the membership. |
32 |
| (4) The regional superintendent of schools may accept a |
33 |
| stipulation made by the Committee of Ten instead of |
34 |
| evidence or proof of the matter stipulated or may refuse to |
35 |
| accept the stipulation, provided that the regional |
36 |
| superintendent sets forth the basis for the refusal. |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| (5) The Committee of Ten may voluntarily dismiss its |
2 |
| petition at any time before the petition is approved by |
3 |
| either the regional superintendent of schools or State |
4 |
| Superintendent of Education.
|
5 |
| (105 ILCS 5/11E-40 new) |
6 |
| Sec. 11E-40. Notice and petition amendments.
|
7 |
| (a) Upon the filing of a petition with the regional |
8 |
| superintendent of schools as provided in Section 11E-35 of this |
9 |
| Code, the regional superintendent shall do all of the |
10 |
| following: |
11 |
| (1) Cause a copy of the petition to be given to each |
12 |
| school board of the affected districts and the regional |
13 |
| superintendent of schools of any other educational service |
14 |
| region in which territory described in the petition is |
15 |
| situated. |
16 |
| (2) Cause a notice thereof to be published at least |
17 |
| once each week for 3 successive weeks in at least one |
18 |
| newspaper having general circulation within the area of all |
19 |
| of the territory of the proposed district or districts. The |
20 |
| expense of publishing the notice shall be borne by the |
21 |
| petitioners and paid on behalf of the petitioners by the |
22 |
| Committee of Ten. |
23 |
| (b) The notice shall state all of the following: |
24 |
| (1) When and to whom the petition was presented. |
25 |
| (2) The prayer of the petition. |
26 |
| (3) A description of the territory comprising the |
27 |
| districts proposed to be dissolved and those to be created, |
28 |
| which, for an entire district, may be a general reference |
29 |
| to all of the territory included within that district. |
30 |
| (4) If applicable, the proposition to elect, by |
31 |
| separate ballot, school board members at the same election, |
32 |
| indicating whether the board members are to be elected at |
33 |
| large or by school board district. |
34 |
| (5) If requested in the petition, the proposition to |
35 |
| issue bonds, indicating the amount and purpose thereof. |
|
|
|
SB2795 Engrossed |
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|
|
1 |
| (6) The day on which the hearing on the action proposed |
2 |
| in the petition shall be held. |
3 |
| (c) The requirements of subsection (g) of Section 28-2 of |
4 |
| the Election Code do not apply to any petition filed under this |
5 |
| Article. Notwithstanding any provision to the contrary |
6 |
| contained in the Election Code, the regional superintendent of |
7 |
| schools shall make all determinations regarding the validity of |
8 |
| the petition, including without limitation signatures on the |
9 |
| petition, subject to State Superintendent and administrative |
10 |
| review in accordance with Section 11E-50 of this Code. |
11 |
| (d) Prior to the hearing described in Section 11E-45 of |
12 |
| this Code, the regional superintendent of schools shall inform |
13 |
| the Committee of Ten as to whether the petition, as amended or |
14 |
| filed, is proper and in compliance with all applicable petition |
15 |
| requirements set forth in the Election Code. If the regional |
16 |
| superintendent determines that the petition is not in proper |
17 |
| order or not in compliance with any applicable petition |
18 |
| requirements set forth in the Election Code, the regional |
19 |
| superintendent must identify the specific alleged defects in |
20 |
| the petition and include specific recommendations to cure the |
21 |
| alleged defects. The Committee of Ten may amend the petition to |
22 |
| cure the alleged defects at any time prior to the receipt of |
23 |
| the regional superintendent's written order made in accordance |
24 |
| with subsection (a) of Section 11E-50 of this Code or may elect |
25 |
| not to amend the petition, in which case the Committee of Ten |
26 |
| may appeal a denial by the regional superintendent following |
27 |
| the hearing in accordance with Section 11E-50 of this Code. |
28 |
| (105 ILCS 5/11E-45 new) |
29 |
| Sec. 11E-45. Hearing. |
30 |
| (a) No more than 15 days after the last date on which the |
31 |
| required notice under Section 11E-40 of this Code is published, |
32 |
| the regional superintendent of schools with whom the petition |
33 |
| is required to be filed shall hold a hearing on the petition. |
34 |
| Prior to the hearing, the Committee of Ten shall submit to the |
35 |
| regional superintendent maps showing the districts involved |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| and any other information deemed pertinent by the Committee of |
2 |
| Ten to the proposed action. The regional superintendent of |
3 |
| schools may adjourn the hearing from time to time or may |
4 |
| continue the matter for want of sufficient notice or other good |
5 |
| cause. |
6 |
| (b) At the hearing, the regional superintendent of schools |
7 |
| shall allow public testimony on the action proposed in the |
8 |
| petition. The regional superintendent shall present, or |
9 |
| arrange for the presentation of all of the following: |
10 |
| (1) Evidence as to the school needs and conditions in |
11 |
| the territory described in the petition and the area |
12 |
| adjacent thereto. |
13 |
| (2) Evidence with respect to the ability of the |
14 |
| proposed district or districts to meet standards of |
15 |
| recognition as prescribed by the State Board of Education. |
16 |
| (3) A consideration of the division of funds and assets |
17 |
| that will occur if the petition is approved. |
18 |
| (4) A description of the maximum tax rates the proposed |
19 |
| district or districts is authorized to levy for various |
20 |
| purposes and, if applicable, the specifications related to |
21 |
| the Property Tax Extension Limitation Law, in accordance |
22 |
| with Section 11E-80 of this Code. |
23 |
| (c) Any regional superintendent of schools entitled under |
24 |
| the provisions of this Article to be given a copy of the |
25 |
| petition and any resident or representative of a school |
26 |
| district in which
any territory described in the petition is |
27 |
| situated may appear in person or by an attorney at law to |
28 |
| provide oral or written testimony or both in relation to the |
29 |
| action proposed in the petition. |
30 |
| (d) The regional superintendent of schools shall arrange |
31 |
| for a written transcript of the hearing. The expense of the |
32 |
| written transcript shall be borne by the petitioners and paid |
33 |
| on behalf of the petitioners by the Committee of Ten.
|
34 |
| (105 ILCS 5/11E-50 new) |
35 |
| Sec. 11E-50. Approval or denial of the petition; |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| administrative review. |
2 |
| (a) Within 14 days after the conclusion of the hearing |
3 |
| under Section 11E-45 of this Code, the regional superintendent |
4 |
| of schools shall take into consideration the school needs and |
5 |
| conditions of the affected districts and in the area adjacent |
6 |
| thereto, the division of funds and assets that will result from |
7 |
| the action described in the petition, the best interests of the |
8 |
| schools of the area, and the best interests and the educational |
9 |
| welfare of the pupils residing therein and, through a written |
10 |
| order, either approve or deny the petition. If the regional |
11 |
| superintendent fails to act upon a petition within 14 days |
12 |
| after the conclusion of the hearing, the regional |
13 |
| superintendent shall be deemed to have denied the petition. |
14 |
| (b) Upon approving or denying the petition, the regional |
15 |
| superintendent of schools shall submit the petition and all |
16 |
| evidence to the State Superintendent of Education.
The State |
17 |
| Superintendent shall review the petition, the record of the |
18 |
| hearing, and the written order of the regional superintendent, |
19 |
| if any. Within 21 days after the receipt of the regional |
20 |
| superintendent's decision, the State Superintendent shall take |
21 |
| into consideration the school needs and conditions of the |
22 |
| affected districts and in the area adjacent thereto, the |
23 |
| division of funds and assets that will result from the action |
24 |
| described in the petition, the best interests of the schools of |
25 |
| the area, and the best interests and the educational welfare of |
26 |
| the pupils residing therein and, through a written order, |
27 |
| either approve or deny the petition. If the State |
28 |
| Superintendent denies the petition, the State Superintendent |
29 |
| shall set forth in writing the specific basis for the denial. |
30 |
| The decision of the State Superintendent shall be deemed an |
31 |
| administrative decision as defined in Section 3-101 of the Code |
32 |
| of Civil Procedure. The State Superintendent shall provide a |
33 |
| copy of the decision by certified mail, return receipt |
34 |
| requested, to the Committee of Ten, any person appearing in |
35 |
| support or opposition of the petition at the hearing, each |
36 |
| school board of a district in which territory described in the |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| petition is situated, the regional superintendent with whom the |
2 |
| petition was filed, and the regional superintendent of schools |
3 |
| of any other educational service region in which territory |
4 |
| described in the petition is situated. |
5 |
| (c) Any resident of any territory described in the petition |
6 |
| who appears in support of or opposition to the petition at the |
7 |
| hearing or any petitioner or school board of any district in |
8 |
| which territory described in the petition is situated
may, |
9 |
| within 35 days after a copy of the decision sought to be |
10 |
| reviewed was served by certified mail, return receipt |
11 |
| requested, upon the party affected thereby or upon the attorney |
12 |
| of record for the party, apply for a review of an |
13 |
| administrative decision of the State Superintendent of |
14 |
| Education in accordance with the Administrative Review Law and |
15 |
| any rules adopted pursuant to the Administrative Review Law. |
16 |
| The commencement of any action for review shall operate as a |
17 |
| supersedes, and no further proceedings shall be had until final |
18 |
| disposition of the review. The circuit court of the county in |
19 |
| which the petition is filed with the regional superintendent of |
20 |
| schools shall have sole jurisdiction to entertain a complaint |
21 |
| for the review.
|
22 |
| (105 ILCS 5/11E-55 new) |
23 |
| Sec. 11E-55. Holding of elections. |
24 |
| (a) Elections provided by this Article shall be conducted |
25 |
| in accordance with the general election law. The regional |
26 |
| superintendent of schools shall perform the election duties |
27 |
| assigned by law to the secretary of a school board for the |
28 |
| election and shall certify the officers and candidates |
29 |
| therefore pursuant to the general election law. |
30 |
| (b) Nomination papers filed under this Article are not |
31 |
| valid unless the candidate named therein files with the |
32 |
| regional superintendent of schools a receipt from the county |
33 |
| clerk showing that the candidate has filed a statement of |
34 |
| economic interests as required by the Illinois Governmental |
35 |
| Ethics Act. This receipt shall be so filed either previously |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| during the calendar year in which his or her nomination papers |
2 |
| were filed or within the period for the filing of nomination |
3 |
| papers in accordance with the general election law. |
4 |
| (c)(1) If the petition requests the election of school |
5 |
| board members of the school district proposed to be created at |
6 |
| the same election at which the proposition to establish that |
7 |
| district is to be submitted to voters or if the regional |
8 |
| superintendent of schools finds it to be in the best interest |
9 |
| of the districts involved to elect school board members of the |
10 |
| school district proposed to be created at a consolidated |
11 |
| election or general primary election, then that fact shall be |
12 |
| included in the notice of referendum. |
13 |
| (2) If the members of the school board of the school |
14 |
| district proposed to be created are not to be elected at |
15 |
| the same election at which the proposition to establish |
16 |
| that district is to be submitted to the voters, then the |
17 |
| regional superintendent of schools shall order an election |
18 |
| to be held on the next regularly scheduled election date |
19 |
| for the purpose of electing a school board for that |
20 |
| district. |
21 |
| (3) In either event, the school board elected for a new |
22 |
| school district or districts created under this Article |
23 |
| shall consist of 7 members who shall have the terms and the |
24 |
| powers and duties of school boards as provided by statute. |
25 |
| (d) All notices regarding propositions for reorganization |
26 |
| or creation of new school districts under this Article shall be |
27 |
| given in accordance with the general election law in |
28 |
| substantially the following form: |
29 |
| (1) Notice in high school - unit conversion or unit to |
30 |
| dual conversion:
|
31 |
| NOTICE OF REFERENDUM TO DISSOLVE
|
32 |
| CERTAIN SCHOOL DISTRICTS AND
|
33 |
| ESTABLISH CERTAIN NEW SCHOOL DISTRICTS
|
34 |
| NOTICE is hereby given that on (insert date), a |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| referendum will be held in part(s) of ....... county |
2 |
| (counties) for the purpose of voting for or against the |
3 |
| proposition to dissolve (here identify the school |
4 |
| districts to be dissolved by name and number) and to |
5 |
| establish new school districts for the following described |
6 |
| territory: A new (here specify elementary, high school, or |
7 |
| unit) district shall be formed from (here describe the |
8 |
| territory, which, for territory currently included in an |
9 |
| entire school district, may be a general reference to all |
10 |
| of the territory included within that particular school |
11 |
| district). (Here repeat the territory information for each |
12 |
| new school district.) |
13 |
| The election is called and will be held pursuant to an |
14 |
| order of the Regional Superintendent dated on (insert |
15 |
| date), which order states that if a majority of the voters |
16 |
| in each of the affected districts voting on the proposition |
17 |
| at the referendum vote in favor thereof, the tax rates for |
18 |
| various purposes of the new districts shall be as follows: |
19 |
| For the new (here specify elementary, high school, or unit) |
20 |
| district formed from the territory of (here describe |
21 |
| territory, which, for territory currently included in an |
22 |
| entire school district, may be a general reference to all |
23 |
| of the territory included within that particular |
24 |
| district), the tax rates for various purposes shall be |
25 |
| (here specify the maximum tax rates for various purposes |
26 |
| the proposed school district is authorized to levy and, if |
27 |
| applicable, the specifications related to the Property Tax |
28 |
| Extension Limitation Law, in accordance with Section |
29 |
| 11E-80 of this Code). (Here repeat the tax rate information |
30 |
| for each new school district.) |
31 |
| Dated (insert date).
|
32 |
| Regional Superintendent of Schools ..................
|
33 |
| (2) Notice for combined school district formation:
|
34 |
| NOTICE OF REFERENDUM
|
|
|
|
SB2795 Engrossed |
- 60 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| TO ESTABLISH COMBINED SCHOOL DISTRICT
|
2 |
| NOTICE is hereby given that on (insert date), a |
3 |
| referendum will be held in part(s) of ....... county |
4 |
| (counties) for the purpose of voting for or against the |
5 |
| proposition to establish a combined (here insert |
6 |
| elementary, high school, or unit) school district for the |
7 |
| following described territory: (here describe the |
8 |
| territory, which, for territory currently included in an |
9 |
| entire school district, may be a general reference to all |
10 |
| of the territory included within that particular school |
11 |
| district). The election is called and will be held pursuant |
12 |
| to an order of the Regional Superintendent dated on (insert |
13 |
| date), which order states that if a majority of the voters |
14 |
| in each of the affected school districts voting on the |
15 |
| proposition at the referendum vote in favor thereof, the |
16 |
| tax rates for various purposes of the proposed combined |
17 |
| school district shall be (here specify the maximum tax |
18 |
| rates for various purposes the proposed combined school |
19 |
| district is authorized to levy and, if applicable, the |
20 |
| specifications related to the Property Tax Extension |
21 |
| Limitation Law, in accordance with Section 11E-80 of this |
22 |
| Code).
|
23 |
| Dated (insert date).
|
24 |
| Regional Superintendent of Schools ..................
|
25 |
| (3) Notice for unit district formation (other than a |
26 |
| partial elementary unit district):
|
27 |
| NOTICE OF REFERENDUM TO ESTABLISH
|
28 |
| A COMMUNITY UNIT DISTRICT
|
29 |
| NOTICE is hereby given that on (insert date), a |
30 |
| referendum will be held in part(s) of ....... county |
31 |
| (counties) for the purpose of voting for or against the |
32 |
| proposition to establish a unit district for the following |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| described territory: (here describe the territory, which, |
2 |
| for territory currently included in an entire school |
3 |
| district, may be a general reference to all of the |
4 |
| territory included within that particular school |
5 |
| district). The election is called and will be held pursuant |
6 |
| to an order of the Regional Superintendent dated on (insert |
7 |
| date), which order states that if a majority of the voters |
8 |
| in each of the affected school districts voting on the |
9 |
| proposition at the referendum vote in favor thereof, the |
10 |
| tax rates for various purposes for the proposed unit |
11 |
| district shall be (here specify the maximum tax rates for |
12 |
| various purposes the proposed unit district shall be |
13 |
| authorized to levy and, if applicable, the specifications |
14 |
| related to the Property Tax Extension Limitation Law, in |
15 |
| accordance with Section 11E-80 of this Code).
|
16 |
| Dated (insert date).
|
17 |
| Regional Superintendent of Schools ..................
|
18 |
| (4) Notice for combined high school - unit district |
19 |
| formation:
|
20 |
| NOTICE OF REFERENDUM
|
21 |
| TO ESTABLISH COMBINED HIGH SCHOOL - UNIT DISTRICT
|
22 |
| NOTICE is hereby given that on (insert date), a |
23 |
| referendum will be held in part(s) of ....... county |
24 |
| (counties) for the purpose of voting for or against the |
25 |
| proposition to establish a combined high school - unit |
26 |
| district for the following described territory: (here |
27 |
| describe the territory, which, for territory currently |
28 |
| included in an entire school district, may be a general |
29 |
| reference to all of the territory included within that |
30 |
| particular school district). The following described |
31 |
| territory shall be included in the combined high school - |
32 |
| unit district for high school purposes only: (here describe |
33 |
| the territory that will be included only for high school |
|
|
|
SB2795 Engrossed |
- 62 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| purposes, which, for territory currently included in an |
2 |
| entire school district, may be a general reference to all |
3 |
| of the territory included within that particular school |
4 |
| district). The election is called and will be held pursuant |
5 |
| to an order of the Regional Superintendent dated on (insert |
6 |
| date), which order states that if a majority of the voters |
7 |
| in each of the affected school districts voting on the |
8 |
| proposition at the referendum vote in favor thereof, the |
9 |
| tax rates for various purposes for the proposed combined |
10 |
| high school - unit district shall be (here specify the |
11 |
| maximum tax rates for various purposes the proposed |
12 |
| combined high school - unit district shall be authorized to |
13 |
| levy and, if applicable, the specifications related to the |
14 |
| Property Tax Extension Limitation Law, in accordance with |
15 |
| Sections 11E-80 and 11E-90 of this Code).
|
16 |
| Dated (insert date).
|
17 |
| Regional Superintendent of Schools .................. |
18 |
|
(5) Notice for multi-unit conversion:
|
19 |
| NOTICE OF REFERENDUM TO DISSOLVE CERTAIN
|
20 |
| UNIT SCHOOL DISTRICTS AND ESTABLISH CERTAIN
|
21 |
| NEW SCHOOL DISTRICTS
|
22 |
| NOTICE is hereby given that on (insert date), a |
23 |
| referendum will be held in part(s) of ....... county |
24 |
| (counties) for the purpose of voting for or against the |
25 |
| proposition to dissolve (here identify the districts to be |
26 |
| dissolved by name and number) and to establish new school |
27 |
| districts for the following described territory: A new |
28 |
| (here specify elementary or combined high school - unit) |
29 |
| district shall be formed from (here describe the territory, |
30 |
| which, for territory currently included in an entire school |
31 |
| district, may be a general reference to all of the |
32 |
| territory included within that particular school |
33 |
| district). (Here repeat the territory information for each |
|
|
|
SB2795 Engrossed |
- 63 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| new school district.) The following described territory |
2 |
| shall be included in the proposed combined high school - |
3 |
| unit district only for high school purposes: (here describe |
4 |
| the territory that will only be included for high school |
5 |
| purposes, which, for territory currently included in an |
6 |
| entire school district, may be a general reference to all |
7 |
| of the territory included within that particular school |
8 |
| district). |
9 |
| The election is called and will be held pursuant to an |
10 |
| order of the Regional Superintendent dated on (insert |
11 |
| date), which order states that if a majority of the voters |
12 |
| in each of the affected districts voting on the proposition |
13 |
| at the referendum vote in favor thereof, the tax rates for |
14 |
| various purposes of the new districts shall be as follows: |
15 |
| For the new elementary district formed from the territory |
16 |
| of (here identify the unit district by name and number) the |
17 |
| tax rates for various purposes shall be (here specify the |
18 |
| maximum tax rates for various purposes the proposed |
19 |
| elementary district is authorized to levy and, if |
20 |
| applicable, the specifications related to the Property Tax |
21 |
| Extension Limitation Law, in accordance with Section |
22 |
| 11E-80 of this Code). (Here repeat the tax rate and |
23 |
| Property Tax Extension Limitation Law information for each |
24 |
| new elementary district.) For the new combined high school - |
25 |
| unit district, the tax rates for various purposes shall |
26 |
| be (here specify the maximum tax rates for various purposes |
27 |
| the proposed combined high school - unit district shall be |
28 |
| authorized to levy and, if applicable, the specifications |
29 |
| related to the Property Tax Extension Limitation Law, in |
30 |
| accordance with Sections 11E-80 and 11E-90 of this Code).
|
31 |
| Dated (insert date).
|
32 |
| Regional Superintendent of Schools ..................
|
33 |
| (6) Notice for optional elementary unit district |
34 |
| formation:
|
|
|
|
SB2795 Engrossed |
- 64 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| NOTICE OF REFERENDUM TO ESTABLISH
|
2 |
| AN OPTIONAL ELEMENTARY UNIT DISTRICT
|
3 |
| NOTICE is hereby given that on (insert date), a |
4 |
| referendum will be held in part(s) of ....... county |
5 |
| (counties) for the purpose of voting for or against the |
6 |
| proposition to establish an optional elementary unit |
7 |
| district for the following described territory: (here |
8 |
| describe the elementary and high school district territory |
9 |
| by name and number). If a majority of the voters in one or |
10 |
| more of the affected elementary districts and in the |
11 |
| affected high school district voting on the proposition at |
12 |
| the referendum vote in favor thereof, all of the territory |
13 |
| included within the affected high school district shall be |
14 |
| included in the optional elementary unit district for high |
15 |
| school purposes. However, only the territory of elementary |
16 |
| districts in which a majority of the voters voting in the |
17 |
| proposition at the referendum vote in favor thereof shall |
18 |
| be included in the optional elementary unit district for |
19 |
| elementary purposes. The election is called and will be |
20 |
| held pursuant to an order of the Regional Superintendent |
21 |
| dated on (insert date), which order states that if a |
22 |
| majority of the voters in one or more of the affected |
23 |
| elementary districts and in the affected high school |
24 |
| district voting on the proposition at the referendum vote |
25 |
| in favor thereof, the tax rates for various purposes for |
26 |
| the proposed optional elementary unit district shall be |
27 |
| (here list the maximum tax rates for various purposes the |
28 |
| proposed optional elementary unit district is authorized |
29 |
| to levy and, if applicable, the specifications related to |
30 |
| the Property Tax Extension Limitation Law, in accordance |
31 |
| with Sections 11E-80 and 11E-95 of this Code).
|
32 |
| Dated (insert date).
|
33 |
| Regional Superintendent of Schools ..................
|
34 |
| (7) Notice for an elementary district to opt into a |
|
|
|
SB2795 Engrossed |
- 65 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| partial elementary unit district:
|
2 |
| NOTICE OF REFERENDUM TO JOIN
|
3 |
| AN OPTIONAL ELEMENTARY UNIT DISTRICT
|
4 |
| NOTICE is hereby given that on (insert date), a |
5 |
| referendum will be held in part(s) of ....... county |
6 |
| (counties) for the purpose of voting for or against the |
7 |
| proposition to dissolve an elementary district and join an |
8 |
| optional elementary unit district for kindergarten through |
9 |
| 12 grade-level purposes for all of the territory included |
10 |
| within (here identify the elementary district by name and |
11 |
| number). The election is called and will be held pursuant |
12 |
| to an order of the Regional Superintendent dated on (insert |
13 |
| date), which order states that if a majority of the voters |
14 |
| in the elementary school district voting on the proposition |
15 |
| at the referendum vote in favor thereof, the tax rates for |
16 |
| various purposes for the optional elementary unit district |
17 |
| shall be (here list the maximum tax rates for various |
18 |
| purposes the optional elementary unit district is |
19 |
| authorized to levy and, if applicable, the specifications |
20 |
| related to the Property Tax Extension Limitation Law, in |
21 |
| accordance with Sections 11E-80 and 11E-95 of this Code) |
22 |
| and the elementary district, prior to dissolution, shall |
23 |
| issue funding bonds pursuant to Sections 19-8 and 19-9 of |
24 |
| the School Code to liquidate any operational deficit or |
25 |
| debt incurred or accumulated since the date of the election |
26 |
| in which the proposition to form the optional elementary |
27 |
| unit district passed.
|
28 |
| Dated (insert date).
|
29 |
| Regional Superintendent of Schools ....................
|
30 |
| (105 ILCS 5/11E-60 new) |
31 |
| Sec. 11E-60. Ballots. |
32 |
| (a) Separate ballots shall be used for the election in each |
33 |
| affected district. If the petition requests the submission of a |
|
|
|
SB2795 Engrossed |
- 66 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| proposition for the issuance of bonds, then that question shall |
2 |
| be submitted to the voters at the referendum on a separate |
3 |
| ballot. |
4 |
| (b) Ballots for all reorganization propositions submitted |
5 |
| under the provisions of this Article must be in substantially |
6 |
| the following form: |
7 |
| (1) Ballot for high school - unit conversion or unit to |
8 |
| dual conversion:
|
9 |
| OFFICIAL BALLOT |
10 |
| Shall (here identify the districts to be dissolved by |
11 |
| name and number) be dissolved and new school districts be |
12 |
| established as follows: a new (here specify elementary, |
13 |
| high school, or unit) district formed from all of the |
14 |
| territory included within (here identify the existing |
15 |
| school district by name and number), with the authority to |
16 |
| levy taxes for various purposes as follows: (here specify |
17 |
| the maximum tax rates for various purposes the new school |
18 |
| district is authorized to levy and, if applicable, the |
19 |
| specifications related to the Property Tax Extension |
20 |
| Limitation Law, in accordance with Section 11E-80 of this |
21 |
| Code), each upon all of the taxable property of the school |
22 |
| district at the value thereof, as equalized or assessed by |
23 |
| the Department of Revenue, and a new (here repeat the |
24 |
| information for each new school district)? |
25 |
| The election authority must record the votes "Yes" or |
26 |
| "No". |
27 |
| (2) Ballot for combined school district formation: |
28 |
| OFFICIAL BALLOT |
29 |
| Shall a combined (here insert elementary, high, or |
30 |
| unit) school district, with the authority to levy taxes at |
|
|
|
SB2795 Engrossed |
- 67 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| the rate of (here specify the maximum tax rates for various |
2 |
| purposes the new unit district is authorized to levy and, |
3 |
| if applicable, the specifications related to the Property |
4 |
| Tax Extension Limitation Law, in accordance with Section |
5 |
| 11E-80 of this Code), each upon all of the taxable property |
6 |
| of the district at the value thereof, as equalized or |
7 |
| assessed by the Department of Revenue, be established? |
8 |
| The election authority must record the votes "Yes" or |
9 |
| "No".
|
10 |
| (3) Ballot for unit district formation (other than a |
11 |
| partial elementary unit district formation): |
12 |
| OFFICIAL BALLOT |
13 |
| Shall a unit district, with the authority to levy taxes |
14 |
| at the rate of (here specify the maximum tax rates for |
15 |
| various purposes the new unit district is authorized to |
16 |
| levy and, if applicable, the specifications related to the |
17 |
| Property Tax Extension Limitation Law, in accordance with |
18 |
| Section 11E-80 of this Code), each upon all of the taxable |
19 |
| property of the district at the value thereof, as equalized |
20 |
| or assessed by the Department of Revenue, be established? |
21 |
| The election authority must record the votes "Yes" or |
22 |
| "No".
|
23 |
| (4) Ballot for a combined high school - unit district |
24 |
| formation: |
25 |
| OFFICIAL BALLOT |
26 |
| Shall a combined high school - unit district formed |
27 |
| from all of the territory included within (here identify |
28 |
| existing school districts by name and number), serving the |
|
|
|
SB2795 Engrossed |
- 68 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| territory included within (here identify existing school |
2 |
| district by name and number) only for high school purposes, |
3 |
| with the authority to levy taxes for various purposes as |
4 |
| follows:(here specify the maximum tax rates for various |
5 |
| purposes the new combined high school - unit district is |
6 |
| authorized to levy and, if applicable, the specifications |
7 |
| related to the Property Tax Extension Limitation Law, in |
8 |
| accordance with Sections 11E-80 and 11E-95 of this Code), |
9 |
| each upon all of the taxable property of the district at |
10 |
| the value thereof, as equalized or assessed by the |
11 |
| Department of Revenue, be established? |
12 |
| The election authority must record the votes "Yes" or |
13 |
| "No".
|
14 |
| (5) Ballot for an optional elementary unit district |
15 |
| formation: |
16 |
| OFFICIAL BALLOT |
17 |
| Shall an optional elementary unit district, with the |
18 |
| authority to levy taxes at the rate of (here specify the |
19 |
| maximum tax rates for various purposes the new optional |
20 |
| elementary unit district is authorized to levy and, if |
21 |
| applicable, the specifications related to the Property Tax |
22 |
| Extension Limitation Law, in accordance with Sections |
23 |
| 11E-80 and 11E-95 of this Code), each upon all of the |
24 |
| taxable property of the district at the value thereof, as |
25 |
| equalized or assessed by the Department of Revenue, be |
26 |
| established? |
27 |
| The election authority must record the votes "Yes" or |
28 |
| "No".
|
29 |
| (6) Ballot for multi-unit conversion:
|
|
|
|
SB2795 Engrossed |
- 69 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| OFFICIAL BALLOT
|
2 |
| Shall (here identify the districts to be dissolved by |
3 |
| name and number) be dissolved and new school districts |
4 |
| established as follows: a new elementary district formed |
5 |
| from all of the territory included within (here identify |
6 |
| the existing school district by name and number), with the |
7 |
| authority to levy taxes for various purposes as follows: |
8 |
| (here specify the maximum tax rates for various purposes |
9 |
| the new school district is authorized to levy and, if |
10 |
| applicable, the specifications related to the Property Tax |
11 |
| Extension Limitation Law, in accordance with Section |
12 |
| 11E-80 of this Code), each upon all of the taxable property |
13 |
| of the school district at the value thereof, as equalized |
14 |
| or assessed by the Department of Revenue, (here repeat the |
15 |
| information for each new elementary school district), and a |
16 |
| new combined high school - unit district formed from all of |
17 |
| the territory included within (here identify the existing |
18 |
| school district by name and number), with the authority to |
19 |
| levy taxes for various purposes as follows: (here specify |
20 |
| the maximum tax rates for various purposes the new combined |
21 |
| high school - unit district is authorized to levy and, if |
22 |
| applicable, the specifications related to the Property Tax |
23 |
| Extension Limitation Law, in accordance with Sections |
24 |
| 11E-80 and 11E-90 of this Code), each upon all of the |
25 |
| taxable property of the school district at the value |
26 |
| thereof, as equalized or assessed by the Department of |
27 |
| Revenue? |
28 |
| The election authority must record the votes "Yes" or |
29 |
| "No".
|
30 |
| (7) Ballot for an elementary school district to |
31 |
| dissolve and join an optional elementary unit district: |
32 |
| OFFICIAL BALLOT |
|
|
|
SB2795 Engrossed |
- 70 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| Shall (here identify the elementary district by name |
2 |
| and number)
be dissolved and join (here identify the |
3 |
| optional elementary unit district by name and number), with |
4 |
| the authority to levy taxes at the rate of (here specify |
5 |
| the maximum tax rates for various purposes the optional |
6 |
| elementary unit district is authorized to levy and, if |
7 |
| applicable, the specifications related to the Property Tax |
8 |
| Extension Limitation Law, in accordance with Sections |
9 |
| 11E-80 and 11E-95 of this Code), each upon all of the |
10 |
| taxable property of the district at the value thereof, as |
11 |
| equalized or assessed by the Department of Revenue and |
12 |
| shall (here identify the elementary district by name and |
13 |
| number), prior to dissolution, issue funding bonds |
14 |
| pursuant to Sections 19-8 and 19-9 of the School Code to |
15 |
| liquidate any operational deficit or debt incurred or |
16 |
| accumulated since the date of the election in which the |
17 |
| proposition to form (here identify the optional elementary |
18 |
| unit district by name and number) passed? |
19 |
| The election authority must record the votes "Yes" or |
20 |
| "No".
|
21 |
| (105 ILCS 5/11E-65 new) |
22 |
| Sec. 11E-65. Passage requirements. |
23 |
| (a) Except as otherwise provided in subsections (b) and (c) |
24 |
| of this Section, if a majority of the electors voting at the |
25 |
| election in each affected district vote in favor of the |
26 |
| proposition submitted to them, then the proposition shall be |
27 |
| deemed to have passed. |
28 |
| (b) In the case of an optional elementary unit district to |
29 |
| be created as provided in subsection (c) of Section 11E-30 of |
30 |
| this Code, if a majority of the electors voting in the high |
31 |
| school district and a majority of the voters voting in at least |
32 |
| one affected elementary district vote in favor of the |
33 |
| proposition submitted to them, then the proposition shall be |
|
|
|
SB2795 Engrossed |
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|
1 |
| deemed to have passed and an optional elementary unit district |
2 |
| shall be created for all of the territory included in the |
3 |
| petition for high school purposes, and for the territory |
4 |
| included in the affected elementary districts voting in favor |
5 |
| of the proposition for elementary purposes. |
6 |
| (c) In the case of an elementary district electing to join |
7 |
| an optional elementary unit district in accordance with |
8 |
| subsection (d) of Section 11E-30 of this Code, a majority of |
9 |
| the electors voting in that elementary district only must vote |
10 |
| in favor of the proposition at a regularly scheduled election. |
11 |
| (d) (1) If a majority of the voters in at least 2 unit |
12 |
| districts have voted in favor of a proposition to create a new |
13 |
| unit district, but the proposition was not approved under the |
14 |
| standards set forth in subsection (a) of this Section, then the |
15 |
| members of the Committee of Ten shall submit an amended |
16 |
| petition for consolidation to the school boards of those |
17 |
| districts, as long as the territory involved is compact and |
18 |
| contiguous. The petition submitted to the school boards shall |
19 |
| be identical in form and substance to the petition previously |
20 |
| approved by the regional superintendent of schools, with the |
21 |
| sole exception that the territory comprising the proposed |
22 |
| district shall be amended to include the compact and contiguous |
23 |
| territory of those unit districts in which a majority of the |
24 |
| voters voted in favor of the proposal. |
25 |
| (2) Each school board to which the petition is |
26 |
| submitted shall meet and vote to approve or not approve the |
27 |
| amended petition no more than 30 days after it has been |
28 |
| filed with the school board. The regional superintendent of |
29 |
| schools shall make available to each school board with |
30 |
| which a petition has been filed all transcripts and records |
31 |
| of the previous petition hearing. The school boards shall, |
32 |
| by appropriate resolution, approve or disapprove the |
33 |
| amended petition. No school board may approve an amended |
34 |
| petition unless it first finds that the territory described |
35 |
| in the petition is compact and contiguous. |
36 |
| (3) If a majority of the members of each school board |
|
|
|
SB2795 Engrossed |
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|
1 |
| to whom a petition is submitted votes in favor of the |
2 |
| amended petition, then the approved petition shall be |
3 |
| transmitted by the secretary of each school board to the |
4 |
| State Superintendent of Education, who shall, within 30 |
5 |
| days after receipt, approve or deny the amended petition |
6 |
| based on the criteria stated in subsection (b) of Section |
7 |
| 11E-50 of this Code. If approved by the State |
8 |
| Superintendent of Education, the petition shall be placed |
9 |
| on the ballot at the next regularly scheduled election.
|
10 |
| (105 ILCS 5/11E-70 new) |
11 |
| Sec. 11E-70. Effective date of change. |
12 |
| (a) If a petition is filed under the authority of this |
13 |
| Article, the change is granted and approved at election, and no |
14 |
| appeal is taken, the change shall become effective after the |
15 |
| time for appeal has run for the purpose of all elections; |
16 |
| however, the change shall not affect the administration of the |
17 |
| schools until July 1 following the date that the school board |
18 |
| election is held for the new district or districts and the |
19 |
| school boards of the districts as they existed prior to the |
20 |
| change shall exercise the same power and authority over the |
21 |
| territory until that date. |
22 |
| (b) If any school district is dissolved in accordance with |
23 |
| this Article, upon the close of the then current school year, |
24 |
| the terms of office of the school board of the dissolved |
25 |
| district shall terminate. |
26 |
| (c) New districts shall be permitted to organize and elect |
27 |
| officers within the time prescribed by the general election |
28 |
| law. Additionally, between the date of the organization and the |
29 |
| election of officers and the date on which the new district |
30 |
| takes effect for all purposes, the new district shall also be |
31 |
| permitted, with the stipulation of the districts from which the |
32 |
| new district is formed and the approval of the regional |
33 |
| superintendent of schools, to take all action necessary or |
34 |
| appropriate to do the following: |
35 |
| (1) Establish the tax levy for the new district, in |
|
|
|
SB2795 Engrossed |
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|
1 |
| lieu of the levies by the districts from which the new |
2 |
| district is formed, within the time generally provided by |
3 |
| law and in accordance with this Article. The funds produced |
4 |
| by the levy shall be transferred to the new district as |
5 |
| generally provided by law at such time as they are received |
6 |
| by the county collector. |
7 |
| (2) Enter into agreements with depositories and direct |
8 |
| the deposit and investment of any funds received from the |
9 |
| county collector or any other source, all as generally |
10 |
| provided by law. |
11 |
| (3) Conduct a search for the superintendent of the new |
12 |
| district and enter into a contract with the person selected |
13 |
| to serve as the superintendent of the new district in |
14 |
| accordance with the provisions of this Code generally |
15 |
| applicable to the employment of a superintendent. |
16 |
| (4) Conduct a search for other administrators and staff |
17 |
| of the new district and enter into a contract with these |
18 |
| persons in accordance with the provisions of this Code |
19 |
| generally applicable to the employment of administrators |
20 |
| and other staff.
|
21 |
| (5) Engage the services of accountants, architects, |
22 |
| attorneys, and other consultants, including but not |
23 |
| limited to consultants to assist in the search for the |
24 |
| superintendent. |
25 |
| (6) Plan for the transition from the administration of |
26 |
| the schools by the districts from which the new district is |
27 |
| formed. |
28 |
| (7) Bargain collectively, pursuant to the Illinois |
29 |
| Educational Labor Relations Act, with the certified |
30 |
| exclusive bargaining representative or certified exclusive |
31 |
| bargaining representatives of the new district's |
32 |
| employees. |
33 |
| (8) Expend the funds received from the levy and any |
34 |
| funds received from the districts from which the new |
35 |
| district is formed to meet payroll and other essential |
36 |
| operating expenses or otherwise in the exercise of the |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| foregoing powers
until the new district takes effect for |
2 |
| all purposes. |
3 |
| (9) Issue bonds authorized in the proposition to form |
4 |
| the new district or bonds pursuant to and in accordance |
5 |
| with all of the requirements of Section 17-2.11 of this |
6 |
| Code, levy taxes upon all of the taxable property within |
7 |
| the new district to pay the principal of and interest on |
8 |
| those bonds as provided by statute, expend the proceeds of |
9 |
| the bonds and enter into any necessary contracts for the |
10 |
| work financed therewith as authorized by statute, and avail |
11 |
| itself of the provisions of other applicable law, including |
12 |
| the Omnibus Bond Acts, in connection with the issuance of |
13 |
| those bonds. |
14 |
| (d) After the granting of a petition has become final and |
15 |
| approved at election, the date when the change becomes |
16 |
| effective for purposes of administration and attendance may be |
17 |
| accelerated or postponed by stipulation of the school board of |
18 |
| each district affected and approval by the regional |
19 |
| superintendent of schools with which the original petition is |
20 |
| required to be filed.
|
21 |
| (105 ILCS 5/11E-75 new) |
22 |
| Sec. 11E-75. Map showing change. Within 30 days after a new |
23 |
| school district has been created or the boundaries of an |
24 |
| existing district have been changed under the provisions of |
25 |
| this Article, the regional superintendent of schools of any |
26 |
| county involved shall make and file with the county clerk of |
27 |
| his or her county a map of any districts changed by the action, |
28 |
| whereupon the county clerk or county clerks, as the case may |
29 |
| be, shall extend taxes against the territory in accordance |
30 |
| therewith. |
31 |
| (105 ILCS 5/11E-80 new) |
32 |
| Sec. 11E-80. Specification of taxing purposes and rates.
|
33 |
| Whenever taxing purposes and rates are required to be specified |
34 |
| or described under this Article for petition, hearing, notice, |
|
|
|
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|
1 |
| or ballot requirements, the purposes and rates shall be |
2 |
| specified or described in accordance with this Section and, |
3 |
| where applicable, shall also include a specification of the |
4 |
| aggregate extension base and debt service extension base in |
5 |
| accordance with the Property Tax Extension Limitation Law. |
6 |
| (1) For the formation of a district not subject to the |
7 |
| Property Tax Extension Limitation Law, other than a partial |
8 |
| elementary unit district, all of the following must be |
9 |
| done: |
10 |
| (A) List the maximum rate at which the district |
11 |
| will be authorized to levy a tax for educational |
12 |
| purposes, operations and maintenance purposes, and |
13 |
| pupil transportation purposes (such as .....% for |
14 |
| educational purposes, .....% for operations and |
15 |
| maintenance purposes, and .....% for pupil |
16 |
| transportation purposes), subject to the rate |
17 |
| limitations specified in Sections 17-2 and 17-3 of this |
18 |
| Code. |
19 |
| (B) If it is desired to secure authority to levy |
20 |
| other taxes above the statutory permissive rate or, for |
21 |
| a unit district, authority to levy taxes for capital |
22 |
| improvement purposes at a rate authorized by Section |
23 |
| 17-2 of this Code, then list the maximum rate at which |
24 |
| the district will be authorized to levy a tax for each |
25 |
| such purpose (such as .....% for special educational |
26 |
| purposes, .....% for leasing educational facilities or |
27 |
| computer technology purposes, .....% for capital |
28 |
| improvement purposes, and .....% for fire prevention |
29 |
| and safety purposes), subject to all applicable |
30 |
| statutory rate limitations. |
31 |
| (2) For the formation of a district that is subject to |
32 |
| the Property Tax Extension Limitation Law, other than a |
33 |
| partial elementary unit district, all of the following must |
34 |
| be done: |
35 |
| (A) List the purpose for each and every tax that |
36 |
| the new district will be authorized to levy (such as |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| educational purposes and operations and maintenance |
2 |
| purposes). |
3 |
| (B) For each tax purpose listed, specify the |
4 |
| maximum rate at which the district will be authorized |
5 |
| to levy each tax (such as .....% for educational |
6 |
| purposes and .....% for operations and maintenance |
7 |
| purposes), subject to all applicable statutory rate |
8 |
| limitations. |
9 |
| (C) Specify the aggregate extension base the |
10 |
| district will seek to establish in conformity with the |
11 |
| provisions of Section 18-210 of the Property Tax Code. |
12 |
| Notwithstanding any provision to the contrary |
13 |
| contained in the Property Tax Extension Limitation |
14 |
| Law, no notice and referendum requirements other than |
15 |
| those set forth in this Article shall be required to |
16 |
| establish an aggregate extension base for a new |
17 |
| district formed in accordance with this Article. |
18 |
| (D) If desired, specify the debt service extension |
19 |
| base the district will seek to establish in accordance |
20 |
| with Section 18-212 of the Property Tax Code. |
21 |
| Notwithstanding any provision to the contrary |
22 |
| contained in the Property Tax Extension Limitation |
23 |
| Law, no notice and referendum requirements other than |
24 |
| those set forth in this Article shall be required to |
25 |
| establish a debt service extension base for a new |
26 |
| district formed in accordance with this Article. |
27 |
| (3) For the formation of a partial elementary unit |
28 |
| district not subject to the Property Tax Extension |
29 |
| Limitation Law, the purposes and tax rate information |
30 |
| required by subsection (b) of Section 11E-90 or subsection |
31 |
| (b) of Section 11E-95 of this Code, as applicable, must be |
32 |
| specified. |
33 |
| (4) For the formation of a partial elementary unit |
34 |
| district that is subject to the Property Tax Extension |
35 |
| Limitation Law, all of the following must be done: |
36 |
| (A) List the purpose for each and every tax that |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| the new district will be authorized to levy, including |
2 |
| an indication of whether the tax is for grade K through |
3 |
| 8 or grade 9 through 12 purposes, to the extent |
4 |
| required by Section 11E-90 or 11E-95 of this Code. |
5 |
| (B) For each tax purpose listed, list the maximum |
6 |
| rate at which the district will be authorized to levy |
7 |
| each tax, subject to the rate limitations specified in |
8 |
| subsection (b) of Section 11E-90 or subsection (b) of |
9 |
| Section 11E-95 of this Code, as applicable, and |
10 |
| elsewhere in statute. |
11 |
| (C) Specify the aggregate extension base the |
12 |
| district will seek to establish in conformity with the |
13 |
| provisions of Section 18-210 of the Property Tax Code. |
14 |
| Notwithstanding any provision to the contrary |
15 |
| contained in the Property Tax Extension Limitation |
16 |
| Law, no notice and referendum requirements other than |
17 |
| those set forth in this Article shall be required to |
18 |
| establish an aggregate extension base for a new |
19 |
| district formed in accordance with this Article. |
20 |
| (D) If desired, specify the debt service extension |
21 |
| base the district will seek to establish in accordance |
22 |
| with Section 18-212 of the Property Tax Code. |
23 |
| Notwithstanding any provision to the contrary |
24 |
| contained in the Property Tax Extension Limitation |
25 |
| Law, no notice and referendum requirements other than |
26 |
| those set forth in this Article shall be required to |
27 |
| establish a debt service extension base for a new |
28 |
| district formed in accordance with this Article. |
29 |
| (105 ILCS 5/11E-85 new) |
30 |
| Sec. 11E-85. Tax levy and borrowing authority, bonds, and |
31 |
| working cash funds; districts other than partial elementary |
32 |
| unit districts. The school board of any district involved in a |
33 |
| school district conversion or the school board of any new |
34 |
| district created under the provisions of this Article other |
35 |
| than a partial elementary unit district may do any of the |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| following: |
2 |
| (1) Levy for the purposes and at not exceeding the |
3 |
| rates specified in the petition with respect to each |
4 |
| district, which rates thereafter may be increased or |
5 |
| decreased in accordance with Sections 17-2 through 17-7 of |
6 |
| this Code, and further levy taxes for other purposes as |
7 |
| generally permitted by law. |
8 |
| (2) Borrow money and issue bonds as authorized in |
9 |
| Articles 10 and 19 of this Code and as otherwise permitted |
10 |
| by law. |
11 |
| (3) Establish, maintain, or re-create a working cash |
12 |
| fund as authorized by Article 20 of this Code. |
13 |
| (105 ILCS 5/11E-90 new) |
14 |
| Sec. 11E-90. Classification of property, taxes, bonds, and |
15 |
| funds for combined high school - unit districts. |
16 |
| (a) All real property included within the boundaries of a |
17 |
| combined high school - unit district created in accordance with |
18 |
| this Article shall be classified into either a high school only |
19 |
| classification or elementary and high school classification as |
20 |
| follows: |
21 |
| (1) Real property included within the high school only |
22 |
| classification shall include all of the real property |
23 |
| included within both the boundaries of the combined high |
24 |
| school - unit district and the boundaries of a separate |
25 |
| school district organized and established for purposes of |
26 |
| providing instruction up to and including grade 8. |
27 |
| (2) Real property included within the elementary and |
28 |
| high school classification shall include all of the real |
29 |
| property of the combined high school - unit district not |
30 |
| included in the high school only classification. |
31 |
| (b) The petition to establish a combined high school - unit |
32 |
| district shall set forth the maximum annual authorized tax |
33 |
| rates for the proposed district as follows: |
34 |
| (1) The petition to establish a combined high school - |
35 |
| unit district must include a maximum annual authorized tax |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| rate for both grade K through 8 educational purposes and |
2 |
| grade 9 through 12 educational purposes. The rate for grade |
3 |
| K through 8 educational purposes shall not exceed 3.5%. The |
4 |
| rate for grade 9 through 12 educational purposes shall not |
5 |
| exceed 3.5%. The combined rate for both grade K through 8 |
6 |
| and grade 9 through 12 educational purposes shall not |
7 |
| exceed 4.0%. |
8 |
| (2) The petition to establish a combined high school - |
9 |
| unit district must include a maximum annual authorized tax |
10 |
| rate for both grade K through 8 operations and maintenance |
11 |
| purposes and grade 9 through 12 operations and maintenance |
12 |
| purposes. The rate for grade K through 8 operations and |
13 |
| maintenance purposes shall not exceed 0.55%. The rate for |
14 |
| grade 9 through 12 operations and maintenance purposes |
15 |
| shall not exceed 0.55%. The combined rate for both grade K |
16 |
| through 8 and grade 9 through 12 operations and maintenance |
17 |
| purposes shall not exceed 0.75%. |
18 |
| (3) The petition to establish a combined high school - |
19 |
| unit district must include a maximum annual authorized tax |
20 |
| rate for both grade K through 8 special education purposes |
21 |
| and grade 9 through 12 special education purposes. The rate |
22 |
| for grade K through 8 special education purposes shall not |
23 |
| exceed 0.40%. The rate for grade 9 through 12 special |
24 |
| education purposes shall not exceed 0.40%. |
25 |
| (4) The petition to establish a combined high school - |
26 |
| unit district must include a maximum annual authorized tax |
27 |
| rate for transportation purposes. |
28 |
| (5) If it is desired to secure authority to levy other |
29 |
| taxes above the permissive rate applicable to unit |
30 |
| districts as specified elsewhere in statute, the petition |
31 |
| must include the maximum annual authorized tax rate at |
32 |
| which the district will be authorized to levy a tax for |
33 |
| each such purpose, not to exceed the maximum rate |
34 |
| applicable to unit districts as specified elsewhere in |
35 |
| statute. |
36 |
| (c) The school board of any new combined high school - unit |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| district created under the provisions of this Article may levy |
2 |
| a tax annually upon all of the taxable property of the district |
3 |
| at the value as equalized or assessed by the Department of |
4 |
| Revenue, as follows: |
5 |
| (1) For all real property within the district, rates |
6 |
| not to exceed the maximum annual authorized grade 9 through |
7 |
| 12 educational purposes rate established in accordance |
8 |
| with subdivision (1) of subsection (b) of this Section, the |
9 |
| maximum annual authorized grade 9 through 12 operation and |
10 |
| maintenance purposes rate established in accordance with |
11 |
| subdivision (2) of subsection (b) of this Section, the |
12 |
| maximum annual authorized grade 9 through 12 special |
13 |
| education purposes rate established in accordance with |
14 |
| subdivision (3) of subsection (b) of this Section, the |
15 |
| maximum annual authorized transportation purposes rate |
16 |
| established in accordance with subdivision (4) of |
17 |
| subsection (b) of this Section, and for all other purposes, |
18 |
| the statutory permissive rate for unit districts or the |
19 |
| maximum annual authorized rate for that purpose |
20 |
| established in accordance with subdivision (5) of |
21 |
| subsection (b) of this Section. |
22 |
| (2) For all real property in the district included |
23 |
| within the elementary and high school classification, in |
24 |
| addition to the rates authorized by subdivision (1) of this |
25 |
| subsection (c), rates not to exceed the maximum annual |
26 |
| authorized grade K through 8 educational purposes rate |
27 |
| established in accordance with subdivision (1) of |
28 |
| subsection (b) of this Section, the maximum annual |
29 |
| authorized grade K through 8 operation and maintenance |
30 |
| purposes rate established in accordance with subdivision |
31 |
| (2) of subsection (b) of this Section, and the maximum |
32 |
| annual authorized grade K through 8 special education |
33 |
| purposes rate established in accordance with subdivision |
34 |
| (3) of subsection (b) of this Section. |
35 |
| (d) The school board may, subsequent to the formation of |
36 |
| the district and in accordance with Sections 17-2 through 17-7 |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| of this Code, seek to increase the maximum annual authorized |
2 |
| tax rates for any statutorily authorized purpose up to the |
3 |
| maximum rate set forth in subsection (b) of this Section or |
4 |
| otherwise applicable to unit districts as specified elsewhere |
5 |
| in statute, whichever is less, subject to the following |
6 |
| approval requirements: |
7 |
| (1) The school board may increase the following rates |
8 |
| only after submitting a proper resolution to the voters of |
9 |
| the district at any regular scheduled election and |
10 |
| obtaining approval by both a majority of voters living in |
11 |
| the portion of the territory included within the high |
12 |
| school only classification voting on the proposition and a |
13 |
| majority of voters living in the portion of the territory |
14 |
| included within the elementary and high school |
15 |
| classification voting on the proposition: |
16 |
| (A) The maximum annual authorized grade 9 through |
17 |
| 12 educational purposes rate established in accordance |
18 |
| with subdivision (1) of subsection (b) of this Section, |
19 |
| as may be increased thereafter in accordance with this |
20 |
| subsection (d). |
21 |
| (B) The maximum annual authorized grade 9 through |
22 |
| 12 operation and maintenance purposes rate established |
23 |
| in accordance with subdivision (2) of subsection (b) of |
24 |
| this Section, as may be increased thereafter in |
25 |
| accordance with this subsection (d). |
26 |
| (C) The maximum annual authorized grade 9 through |
27 |
| 12 special education purposes rate established in |
28 |
| accordance with subdivision (3) of subsection (b) of |
29 |
| this Section, as may be increased thereafter in |
30 |
| accordance with this Section. |
31 |
| (D) The maximum annual authorized transportation |
32 |
| purposes rate established in accordance with |
33 |
| subdivision (4) of subsection (b) of this Section, as |
34 |
| may be increased thereafter in accordance with this |
35 |
| subsection (d). |
36 |
| (E) For all other statutorily authorized purposes, |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| any rate exceeding the statutory permissive rate for |
2 |
| unit districts established in accordance with |
3 |
| subdivision (5) of subsection (b) of this Section, as |
4 |
| may be increased thereafter in accordance with this |
5 |
| Section. |
6 |
| (2) The school board may increase the following rates |
7 |
| only after submitting a proper resolution to the voters of |
8 |
| the district living in the portion of the territory |
9 |
| included within the elementary and high school |
10 |
| classification at any regular scheduled election and |
11 |
| obtaining approval by a majority of voters living in the |
12 |
| portion of the territory included within the elementary and |
13 |
| high school classification voting on the proposition: |
14 |
| (A) The maximum annual authorized grade K through 8 |
15 |
| educational purposes rate established in accordance |
16 |
| with subdivision (1) of subsection (b) of this Section, |
17 |
| as may be increased thereafter in accordance with this |
18 |
| subsection (d). |
19 |
| (B) The maximum annual authorized grade K through 8 |
20 |
| operation and maintenance purposes rate established in |
21 |
| accordance with subdivision (2) of subsection (b) of |
22 |
| this Section, as may be increased thereafter in |
23 |
| accordance with this subsection (d). |
24 |
| (C) The maximum annual authorized grade K through 8 |
25 |
| special education purposes rate established in |
26 |
| accordance with subdivision (3) of subsection (b) of |
27 |
| this Section, as may be increased thereafter in |
28 |
| accordance with this Section. |
29 |
| (e) The school board may, after submitting a proper |
30 |
| resolution to the voters of the district at any regular |
31 |
| scheduled election, seek to do either of the following: |
32 |
| (1) Increase or decrease the maximum authorized annual |
33 |
| tax rate for grade K through 8 educational purposes with an |
34 |
| equal corresponding increase or decrease of the maximum |
35 |
| authorized annual tax rate for grade 9 through 12 |
36 |
| educational purposes, such that there is no change in the |
|
|
|
SB2795 Engrossed |
- 83 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| total combined maximum authorized annual tax rate for both |
2 |
| purposes. |
3 |
| (2) Increase or decrease the maximum authorized annual |
4 |
| tax rate for grade K through 8 operations and maintenance |
5 |
| purposes with an equal corresponding increase or decrease |
6 |
| of the maximum authorized annual tax rate for grade 9 |
7 |
| through 12 operations and maintenance purposes, such that |
8 |
| there is no change in the total combined maximum authorized |
9 |
| annual tax rate for both purposes. |
10 |
| Any modification to maximum authorized annual tax rates |
11 |
| pursuant to this subsection (e) must be approved by both a |
12 |
| majority of voters living in the portion of the territory |
13 |
| included within the high school only classification voting on |
14 |
| the proposition and a majority of voters living in the portion |
15 |
| of the territory included within the elementary and high school |
16 |
| classification voting on the proposition. No maximum tax rate |
17 |
| secured hereunder may exceed the maximum tax rate for a |
18 |
| particular purpose specified elsewhere in statute. |
19 |
| (f) The school board may seek to do either of the |
20 |
| following: |
21 |
| (1) Increase the maximum authorized annual tax rate for |
22 |
| either grade K through 8 educational purposes or grade K |
23 |
| through 8 operations and maintenance purposes with an equal |
24 |
| corresponding decrease being effected to the maximum |
25 |
| authorized tax rate for the other fund. |
26 |
| (2) Increase the maximum authorized annual tax rate for |
27 |
| either grade 9 through 12 educational purposes or grade 9 |
28 |
| through 12 operations and maintenance purposes with an |
29 |
| equal corresponding decrease being effected to the maximum |
30 |
| authorized tax rate for the other fund. |
31 |
| A proper resolution to increase and concurrently decrease |
32 |
| the maximum authorized annual tax rates for grade K through 8 |
33 |
| purposes in accordance with this subsection (f) shall be |
34 |
| submitted to the voters of the district residing in the |
35 |
| elementary and high school classification at any regular |
36 |
| scheduled election and must be approved by a majority of voters |
|
|
|
SB2795 Engrossed |
- 84 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| living in the portion of the territory included within the |
2 |
| elementary and high school classification voting on the |
3 |
| proposition. A proper resolution to increase and concurrently |
4 |
| decrease the maximum authorized annual tax rates for grade 9 |
5 |
| through 12 purposes in accordance with this subsection (f) |
6 |
| shall be submitted to all of the voters of the district at any |
7 |
| regular scheduled election and must be approved by a majority |
8 |
| of voters voting on the proposition. No maximum tax rate |
9 |
| secured hereunder may exceed the maximum tax rate for a |
10 |
| particular purpose specified elsewhere in statute. The terms |
11 |
| and provisions of this subsection (f) shall apply instead of |
12 |
| the terms and provisions of Section 17-6.1 of this Code to any |
13 |
| concurrent equal increase and decrease in the maximum |
14 |
| authorized rates for educational and operations and |
15 |
| maintenance purposes by a combined high school - unit district. |
16 |
| (g) The school board may borrow money and issue bonds for |
17 |
| elementary or high school purposes (but not K through 12 |
18 |
| purposes) as authorized by Articles 10 and 19 and Section |
19 |
| 17-2.11 of this Code and as otherwise permitted by law. All |
20 |
| notices, resolutions, and ballots related to borrowing money |
21 |
| and issuing bonds in accordance with this subsection (g) shall |
22 |
| indicate whether the proposed action is for elementary or high |
23 |
| school purposes. Taxes to pay the principal of, interest on, |
24 |
| and premium, if any, on bonds issued for high school purposes |
25 |
| shall be extended against the entire district, and taxes to pay |
26 |
| the principal of, interest on, and premium, if any, on bonds |
27 |
| issued for elementary purposes shall be extended only against |
28 |
| property within the elementary and high school classification. |
29 |
| The proposition to issue bonds for high school purposes must be |
30 |
| submitted to and approved by a majority of voters of the |
31 |
| district voting on the proposition. The proposition to issue |
32 |
| bonds for elementary purposes must only be submitted to and |
33 |
| approved by a majority of voters living in the portion of the |
34 |
| territory proposed to be included or included within the |
35 |
| elementary and high school classification voting on the |
36 |
| proposition. Notwithstanding the terms and provisions of |
|
|
|
SB2795 Engrossed |
- 85 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| Section 19-4 of this Code, the board of a combined high school - |
2 |
| unit district may not seek to designate any bonds issued for |
3 |
| high school purposes as bonds issued for elementary purposes or |
4 |
| designate any bonds issued for elementary purposes as bonds |
5 |
| issued for high school purposes. Any petition filed in |
6 |
| accordance with Section 19-9 of this Code requesting that the |
7 |
| proposition to issue bonds for the payment of orders or claims |
8 |
| for elementary purposes be submitted to the voters must be |
9 |
| signed by 10% or more of the registered voters of the |
10 |
| elementary and high school classification. If required |
11 |
| pursuant to Section 19-9 of this Code, the proposition to issue |
12 |
| bonds for the payment of orders or claims for elementary |
13 |
| purposes must only be submitted to and approved by a majority |
14 |
| of voters living in the portion of the territory included |
15 |
| within the elementary and high school classification voting on |
16 |
| the proposition. Taxes to pay the principal of, interest on, |
17 |
| and premium, if any, on any refunding bonds issued in |
18 |
| accordance with Article 19 of this Code to refund bonds, |
19 |
| coupons, or other evidences of indebtedness for bonds issued by |
20 |
| the combined high school - unit district for high school |
21 |
| purposes or issued by a district that dissolved to form the |
22 |
| combined high school - unit district shall be extended against |
23 |
| the entire district. Taxes to pay the principal of, interest |
24 |
| on, and premium, if any, on any refunding bonds issued in |
25 |
| accordance with Article 19 of this Code to refund bonds, |
26 |
| coupons, or other evidences of indebtedness for bonds issued by |
27 |
| the combined high school - unit district for elementary |
28 |
| purposes shall only be extended against the property within the |
29 |
| elementary and high school classification. |
30 |
| (h) The school board may establish, maintain, or re-create |
31 |
| a working cash fund for elementary or high school purposes (but |
32 |
| not K through 12 purposes) as authorized by Article 20 of this |
33 |
| Code. All notices, resolutions, and ballots related to the |
34 |
| establishment of a working cash fund shall indicate whether the |
35 |
| working cash fund shall be for elementary or high school |
36 |
| purposes. For purposes of Section 20-2 of this Code, taxes to |
|
|
|
SB2795 Engrossed |
- 86 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| pay the principal of, interest on, and premium, if any, on |
2 |
| bonds issued to create a working cash fund for high school |
3 |
| purposes shall be extended against the entire district, and |
4 |
| taxes to pay the principal of, interest on, and premium, if |
5 |
| any, on bonds issued to create a working cash fund for |
6 |
| elementary purposes shall be extended only against property |
7 |
| within the elementary and high school classification. Any |
8 |
| petition filed in accordance with Section 20-7 of this Code |
9 |
| requesting that the proposition to issue bonds to establish a |
10 |
| working cash fund for elementary purposes be submitted to the |
11 |
| voters must be signed by 10% or more of the registered voters |
12 |
| of the elementary and high school classification. If required |
13 |
| pursuant to Section 20-7 of this Code, the proposition to issue |
14 |
| bonds for a working cash fund for elementary purposes must only |
15 |
| be submitted to and approved by a majority of voters living in |
16 |
| the portion of the territory included within the elementary and |
17 |
| high school classification voting on the proposition. Upon the |
18 |
| abolishment of the working cash fund for elementary purposes in |
19 |
| accordance with Section 20-8 of this Code, the balance shall be |
20 |
| transferred to the fund established for the receipt of proceeds |
21 |
| from levies specified for grade K through 8 educational |
22 |
| purposes. Upon the abolishment of the working cash fund for |
23 |
| high school purposes in accordance with Section 20-8 of this |
24 |
| Code, the balance shall be transferred to the fund established |
25 |
| for the receipt of proceeds from levies specified for grade 9 |
26 |
| through 12 educational purposes. |
27 |
| (i) The school board shall establish separate funds for the |
28 |
| receipt of tax proceeds from levies specified for grade K |
29 |
| through 8 purposes and grade 9 through 12 purposes in |
30 |
| accordance with subdivisions (1) through (3) of subsection (b) |
31 |
| of this Section and the receipt of tax and other proceeds from |
32 |
| bond issuances for grade K through 8 purposes and grade 9 |
33 |
| through 12 purposes in accordance with subsection (g) of this |
34 |
| Section. Proceeds received from any levy or bond issuance |
35 |
| specified for grade K through 8 purposes shall not be used to |
36 |
| pay for any staff, equipment, materials, facilities, |
|
|
|
SB2795 Engrossed |
- 87 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| buildings, land, or services solely related to instruction in |
2 |
| grades 9 through 12. Proceeds received from any levy or bond |
3 |
| issuance specified for grade 9 through 12 purposes shall not be |
4 |
| used to pay for any staff, equipment, materials, facilities, |
5 |
| buildings, land, or services solely related to instruction in |
6 |
| grades K through 8. Expenses related to staff, equipment, |
7 |
| materials, facilities, buildings, land, or services related to |
8 |
| instruction in both grades K through 8 and grades 9 through 12 |
9 |
| may be paid from proceeds received from a levy or bond issuance |
10 |
| specified for either grade K through 8 purposes or grade 9 |
11 |
| through 12 purposes. |
12 |
| (j) The school board of a combined high school - unit |
13 |
| district may abate or abolish any fund in accordance with this |
14 |
| Code, provided that no funds may be transferred from an abated |
15 |
| or abolished fund specified for grade K through 8 purposes to a |
16 |
| fund specified for grade 9 through 12 purposes, and no funds |
17 |
| may be transferred from an abated or abolished fund specified |
18 |
| for grade 9 through 12 purposes to a fund specified for grade K |
19 |
| through 8 purposes. |
20 |
| (k) To the extent the specific requirements for borrowing |
21 |
| money, levying taxes, issuing bonds, establishing, |
22 |
| maintaining, or re-creating a working cash fund, and |
23 |
| transferring funds by a combined high school - unit district |
24 |
| set forth in this Section conflicts with any general |
25 |
| requirements for school districts set forth in Article 10, 17, |
26 |
| 19, or 20 of this Code, the requirements set forth in this |
27 |
| Section shall control over any such general requirements.
|
28 |
| (105 ILCS 5/11E-95 new) |
29 |
| Sec. 11E-95. Classification of property, taxes, bonds, and |
30 |
| funds for optional elementary unit districts. |
31 |
| (a) All real property included within the boundaries of an |
32 |
| optional elementary unit district created in accordance with |
33 |
| this Article shall be classified into either a high school only |
34 |
| classification or an elementary and high school classification |
35 |
| as follows: |
|
|
|
SB2795 Engrossed |
- 88 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| (1) Real property included within the high school only |
2 |
| classification shall include all of the real property |
3 |
| included within both the boundaries of the optional |
4 |
| elementary unit district and the boundaries of a separate |
5 |
| school district organized and established for purposes of |
6 |
| providing instruction up to and including grade 8 that did |
7 |
| not elect to join the optional elementary unit district in |
8 |
| accordance with this Article. |
9 |
| (2) Real property included within the elementary and |
10 |
| high school classification shall include all real property |
11 |
| of the optional elementary unit district not included in |
12 |
| the high school only classification.
|
13 |
| (b) The petition to establish an optional elementary unit |
14 |
| district shall set forth the maximum annual authorized tax |
15 |
| rates for the proposed district as follows:
|
16 |
| (1) The petition must specify a maximum annual |
17 |
| authorized tax rate for both grade K through 8 educational |
18 |
| purposes and grade 9 through 12 educational purposes. The |
19 |
| rate for grade K through 8 educational purposes shall not |
20 |
| exceed the highest rate for educational purposes extended |
21 |
| by any of the elementary districts included in the petition |
22 |
| in the year immediately preceding the creation of the new |
23 |
| district. The rate for grade 9 through 12 educational |
24 |
| purposes shall be the rate for educational purposes |
25 |
| extended by the high school district in the year |
26 |
| immediately preceding the creation of the new district. |
27 |
| Notwithstanding the foregoing limitations, if any |
28 |
| resulting combined rate for both grade K through 8 and |
29 |
| grade 9 through 12 educational purposes is less than 4.0%, |
30 |
| then the petition may specify a rate for grade K through 8 |
31 |
| educational purposes and a rate for grade 9 through 12 |
32 |
| educational purposes that, collectively, do not exceed |
33 |
| 4.0%. |
34 |
| (2) The petition must specify a maximum annual |
35 |
| authorized tax rate for both grade K through 8 operations |
36 |
| and maintenance purposes and grade 9 through 12 operations |
|
|
|
SB2795 Engrossed |
- 89 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| and maintenance purposes. The rate for grade K through 8 |
2 |
| operations and maintenance purposes shall not exceed the |
3 |
| highest rate for operations and maintenance purposes |
4 |
| extended by any of the elementary districts included in the |
5 |
| petition in the year immediately preceding the creation of |
6 |
| the new district. The rate for grade 9 through 12 |
7 |
| operations and maintenance purposes shall be the rate for |
8 |
| operations and maintenance purposes extended by the high |
9 |
| school district in the year immediately preceding the |
10 |
| creation of the new district. Notwithstanding the |
11 |
| foregoing limitations, if any resulting combined rate for |
12 |
| both grade K through 8 and grade 9 through 12 operations |
13 |
| and maintenance purposes is less than 0.75%, then the |
14 |
| petition may specify a rate for grade K through 8 |
15 |
| operations and maintenance purposes and a rate for grade 9 |
16 |
| through 12 operations and maintenance purposes that, |
17 |
| collectively, do not exceed 0.75%. |
18 |
| (3) If desired, the petition must specify a maximum |
19 |
| annual authorized tax rate for both grade K through 8 |
20 |
| capital improvement purposes and grade 9 through 12 capital |
21 |
| improvement purposes, with the additional descriptive |
22 |
| information required by Section 17-2.3 of this Code. The |
23 |
| rate for grade K through 8 capital improvement purposes |
24 |
| shall not exceed 0.75%. The rate for grade 9 through 12 |
25 |
| capital improvement purposes shall not exceed 0.75%. |
26 |
| (4) The petition must specify a maximum annual |
27 |
| authorized tax rate for both grade K through 8 special |
28 |
| education purposes and grade 9 through 12 special education |
29 |
| purposes. The rate for grade K through 8 special education |
30 |
| purposes shall not exceed 0.40%. The rate for grade 9 |
31 |
| through 12 special education purposes shall not exceed |
32 |
| 0.40%. |
33 |
| (5) The petition must specify a maximum annual |
34 |
| authorized tax rate for transportation purposes. |
35 |
| (6) If it is desired to secure authority to levy other |
36 |
| taxes above the permissive rate applicable to unit |
|
|
|
SB2795 Engrossed |
- 90 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| districts as specified elsewhere in statute, the petition |
2 |
| must specify the maximum annual authorized tax rate at |
3 |
| which the district will be authorized to levy a tax for |
4 |
| each such purpose, not to exceed the maximum annual |
5 |
| authorized tax rate applicable to unit districts as |
6 |
| specified elsewhere in statute. |
7 |
| (7) The petition may indicate a different rate of |
8 |
| reduction for grade K through 8 and grade 9 through 12 |
9 |
| educational purposes or grade K through 8 and grade 9 |
10 |
| through 12 operations and maintenance purposes in |
11 |
| accordance with and subject to subsection (d) of this |
12 |
| Section. |
13 |
| (8) The aggregate of all rates specified in accordance |
14 |
| with this subsection (b) shall not exceed the highest dual |
15 |
| district rate, excluding rates for bond and interest |
16 |
| levies, applicable to any territory within the high school |
17 |
| district included in the petition in the year immediately |
18 |
| preceding the creation of the new district.
|
19 |
| (c) The school board of any new optional elementary unit |
20 |
| district created under the provisions of this Article may levy |
21 |
| a tax annually upon all of the taxable property of the district |
22 |
| at the value as equalized or assessed by the Department of |
23 |
| Revenue as follows:
|
24 |
| (1) For all real property within the district, rates |
25 |
| not to exceed the maximum annual authorized grade 9 through |
26 |
| 12 educational purposes rate established in accordance |
27 |
| with subdivision (1) of subsection (b) of this Section, the |
28 |
| maximum annual authorized grade 9 through 12 operation and |
29 |
| maintenance purposes rate established in accordance with |
30 |
| subdivision (2) of subsection (b) of this Section, the |
31 |
| maximum annual authorized grade 9 through 12 capital |
32 |
| improvement purposes rate established in accordance with |
33 |
| subdivision (3) of subsection (b) of this Section, the |
34 |
| maximum annual authorized grade 9 through 12 special |
35 |
| education purposes rate established in accordance with |
36 |
| subdivision (4) of subsection (b) of this Section, the |
|
|
|
SB2795 Engrossed |
- 91 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| maximum annual authorized transportation purposes rate |
2 |
| established in accordance with subdivision (5) of |
3 |
| subsection (b) of this Section, and, for all other |
4 |
| purposes, the statutory permissive rate for unit districts |
5 |
| or the maximum annual authorized rate for that purpose |
6 |
| established in accordance with subdivision (6) of |
7 |
| subsection (b) of this Section. |
8 |
| (2) For all real property in the district included |
9 |
| within the elementary and high school classification, in |
10 |
| addition to the rates authorized by subdivision (1) of this |
11 |
| subsection (c), rates not to exceed the maximum annual |
12 |
| authorized grade K through 8 educational purposes rate |
13 |
| established in accordance with subdivision (1) of |
14 |
| subsection (b) of this Section, the maximum annual |
15 |
| authorized grade K through 8 operation and maintenance |
16 |
| purposes rate established in accordance with subdivision |
17 |
| (2) of subsection (b) of this Section, the maximum annual |
18 |
| authorized grade K through 8 capital improvement purposes |
19 |
| rate established in accordance with subdivision (3) of |
20 |
| subsection (b) of this Section, and the maximum annual |
21 |
| authorized grade K through 8 special education purposes |
22 |
| rate established in accordance with subdivision (4) of |
23 |
| subsection (b) of this Section. |
24 |
| (d)(1) If the combined maximum annual authorized rate for |
25 |
| grade K through 8 educational purposes and grade 9 through 12 |
26 |
| educational purposes exceeds 4.0%, then, beginning with the |
27 |
| third year of operation of the new optional elementary unit |
28 |
| district and in each subsequent year, the combined maximum |
29 |
| annual authorized rate shall be reduced by 0.10% as described |
30 |
| in this paragraph (1) or reduced to 4.0%, whichever is less. |
31 |
| The annual rate reduction applied to each rate shall be 0.05%, |
32 |
| unless a different rate reduction is specified in the petition |
33 |
| or the rate of reduction is later modified in accordance with |
34 |
| paragraph (4) of this subsection (d). If a different rate |
35 |
| reduction is specified in the petition, the combined rate |
36 |
| reduction must equal 0.10% each year.
|
|
|
|
SB2795 Engrossed |
- 92 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| (2) If the combined maximum annual authorized rate for |
2 |
| grade K through 8 and grade 9 through 12 operations and |
3 |
| maintenance purposes exceeds 0.75%, then, beginning with |
4 |
| the third year of operation of the new optional elementary |
5 |
| unit district and in each subsequent year, the combined |
6 |
| maximum annual authorized rate shall be reduced by 0.04% as |
7 |
| described in this paragraph (2) or reduced to 0.75%, |
8 |
| whichever is less. The annual rate reduction applied to |
9 |
| each rate shall be 0.02%, unless a different rate reduction |
10 |
| is specified in the petition or the rate of reduction is |
11 |
| later modified in accordance with paragraph (4) of this |
12 |
| subsection (d). If a different rate reduction is specified |
13 |
| in the petition, the combined percentage reduction must |
14 |
| equal 0.04% each year. |
15 |
| (3) If the combined maximum annual authorized rate for |
16 |
| grade K through 8 and grade 9 through 12 capital |
17 |
| improvement purposes exceeds 0.75%, then, beginning with |
18 |
| the seventh year of operation of the new optional |
19 |
| elementary unit district, the combined maximum annual |
20 |
| authorized rate shall be reduced to 0.75%, with the |
21 |
| reduction applied proportionately to the grade K through 8 |
22 |
| capital improvement purposes rate and the grade 9 through |
23 |
| 12 capital improvement purposes rate. Thereafter, the |
24 |
| combined maximum annual authorized rate for grade K through |
25 |
| 8 and grade 9 through 12 capital improvement purposes shall |
26 |
| be 0.75%. |
27 |
| (4) The school board may, by proper resolution, cause |
28 |
| to be submitted to the voters of the district at any |
29 |
| regular scheduled election following the formation of the |
30 |
| district a proposition to modify the rate reduction for |
31 |
| grade K through 8 and grade 9 through 12 educational |
32 |
| purposes or grade K through 8 and grade 9 through 12 |
33 |
| operations and maintenance purposes set forth in this |
34 |
| subsection (d), provided that the combined maximum annual |
35 |
| authorized rate for educational purposes must be reduced by |
36 |
| 0.10% each year and the combined maximum annual authorized |
|
|
|
SB2795 Engrossed |
- 93 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| rate for operations and maintenance purposes must be |
2 |
| reduced by 0.04% each year. Any modification to the rate |
3 |
| reduction pursuant to this paragraph (4) must be approved |
4 |
| by both a majority of voters living in the portion of the |
5 |
| territory included within the high school only |
6 |
| classification voting on the proposition and a majority of |
7 |
| voters living in the portion of the territory included |
8 |
| within the elementary and high school classification |
9 |
| voting on the proposition. |
10 |
| (5) The school board may, by proper resolution, cause |
11 |
| to be submitted to the voters of the district at any |
12 |
| regular scheduled election following the formation of the |
13 |
| district a proposition to maintain, for a period not to |
14 |
| exceed 2 years, any maximum annual authorized rate, subject |
15 |
| to reduction in accordance with this subsection (d). If a |
16 |
| majority of voters living in the district voting on the |
17 |
| proposition are in favor thereof, the school board may |
18 |
| thereafter, until the authority is revoked in like manner |
19 |
| or expires without renewal, levy annually a tax as |
20 |
| authorized. |
21 |
| (e) The school board may, subsequent to the formation of |
22 |
| the district and in accordance with Sections 17-2 through 17-7 |
23 |
| of this Code, seek to increase the maximum annual authorized |
24 |
| tax rates of the district, subject to the following |
25 |
| limitations: |
26 |
| (i) The combined educational purposes rates may not be |
27 |
| increased to a combined rate exceeding 4.0%. |
28 |
| (ii) The combined operations and maintenance purposes |
29 |
| rates may not be increased to a combined rate exceeding |
30 |
| 0.75%. |
31 |
| (iii) The combined capital improvement purposes rates |
32 |
| may not be increased to a combined rate exceeding 0.75%. |
33 |
| (iv) The grade K through 8 special education purposes |
34 |
| rate may not be increased to a rate exceeding 0.4%. |
35 |
| (v) The grade 9 through 12 special education purposes |
36 |
| rate may not be increased to a rate exceeding 0.4%. |
|
|
|
SB2795 Engrossed |
- 94 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| (vi) All other rates may not be increased to a rate |
2 |
| exceeding the maximum annual authorized tax rate for unit |
3 |
| districts as specified elsewhere in statute.
|
4 |
| Any such increase shall be subject to the following |
5 |
| approval requirements:
|
6 |
| (1) The school board may increase the following rates |
7 |
| only after submitting a proper resolution to the voters of |
8 |
| the district at any regular scheduled election and |
9 |
| obtaining approval by both a majority of voters living in |
10 |
| the portion of the territory included within the high |
11 |
| school only classification voting on the proposition and a |
12 |
| majority of voters living in the portion of the territory |
13 |
| included within the elementary and high school |
14 |
| classification voting on the proposition: |
15 |
| (A) The maximum annual authorized grade 9 through |
16 |
| 12 educational purposes rate established in accordance |
17 |
| with subdivision (1) of subsection (b) of this Section, |
18 |
| as may be increased thereafter in accordance with this |
19 |
| subsection (e). |
20 |
| (B) The maximum annual authorized grade 9 through |
21 |
| 12 operation and maintenance purposes rate established |
22 |
| in accordance with subdivision (2) of subsection (b) of |
23 |
| this Section, as may be increased thereafter in |
24 |
| accordance with this subsection (e). |
25 |
| (C) The maximum annual authorized grades 9 through |
26 |
| 12 capital improvement purposes rate established in |
27 |
| accordance with subdivision (3) of subsection (b) of |
28 |
| this Section, as may be increased thereafter in |
29 |
| accordance with this subsection (e). |
30 |
| (D) The maximum annual authorized grade 9 through |
31 |
| 12 special education purposes rate established in |
32 |
| accordance with subdivision (4) of subsection (b) of |
33 |
| this Section, as may be increased thereafter in |
34 |
| accordance with this Section. |
35 |
| (E) The maximum annual authorized transportation |
36 |
| purposes rate established in accordance with |
|
|
|
SB2795 Engrossed |
- 95 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| subdivision (5) of subsection (b) of this Section, as |
2 |
| may be increased thereafter in accordance with this |
3 |
| subsection (e). |
4 |
| (F) For all other statutorily authorized purposes, |
5 |
| any rate exceeding the statutory permissive rate for |
6 |
| unit districts established in accordance with |
7 |
| subdivision (6) of subsection (b) of this Section, as |
8 |
| may be increased thereafter in accordance with this |
9 |
| Section.
|
10 |
| (2) The school board may increase the following rates |
11 |
| only after submitting a proper resolution to the voters of |
12 |
| the district living in the portion of the territory |
13 |
| included within the elementary and high school |
14 |
| classification at any regular scheduled election and |
15 |
| obtaining approval by a majority of voters living in the |
16 |
| portion of the territory included within the elementary and |
17 |
| high school classification voting on the proposition: |
18 |
| (A) The maximum annual authorized grade K through 8 |
19 |
| educational purposes rate established in accordance |
20 |
| with subdivision (1) of subsection (b) of this Section, |
21 |
| as may be increased thereafter in accordance with this |
22 |
| subsection (e). |
23 |
| (B) The maximum annual authorized grade K through 8 |
24 |
| operation and maintenance purposes rate established in |
25 |
| accordance with subdivision (2) of subsection (b) of |
26 |
| this Section, as may be increased thereafter in |
27 |
| accordance with this subsection (e). |
28 |
| (C) The maximum annual authorized grade K through 8 |
29 |
| capital improvement purposes rate established in |
30 |
| accordance with subdivision (3) of subsection (b) of |
31 |
| this Section, as may be increased thereafter in |
32 |
| accordance with this subsection (e). |
33 |
| (D) The maximum annual authorized grade K through 8 |
34 |
| special education purposes rate established in |
35 |
| accordance with subdivision (4) of subsection (b) of |
36 |
| this Section, as may be increased thereafter in |
|
|
|
SB2795 Engrossed |
- 96 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| accordance with this Section.
|
2 |
| (f) The school board may, after submitting a proper |
3 |
| resolution to the voters of the district at any regular |
4 |
| scheduled election, seek to do either of the following:
|
5 |
| (1) Increase or decrease the maximum authorized annual |
6 |
| tax rate for grade K through 8 educational purposes with an |
7 |
| equal corresponding increase or decrease of the maximum |
8 |
| authorized annual tax rate for grade 9 through 12 |
9 |
| educational purposes, such that there is no change in the |
10 |
| total combined maximum authorized annual tax rate for both |
11 |
| purposes. |
12 |
| (2) Increase or decrease the maximum authorized annual |
13 |
| tax rate for grade K through 8 operations and maintenance |
14 |
| purposes with an equal corresponding increase or decrease |
15 |
| of the maximum authorized annual tax rate for grade 9 |
16 |
| through 12 operations and maintenance purposes, such that |
17 |
| there is no change in the total combined maximum authorized |
18 |
| annual tax rate for both purposes.
|
19 |
| Any modification to maximum authorized annual tax rates |
20 |
| pursuant to this subsection (f) must be approved by both a |
21 |
| majority of voters living in the portion of the territory |
22 |
| included within the high school only classification voting on |
23 |
| the proposition and a majority of voters living in the portion |
24 |
| of the territory included within the elementary and high school |
25 |
| classification voting on the proposition. No maximum tax rate |
26 |
| secured hereunder may exceed the maximum tax rate for a |
27 |
| particular purpose specified elsewhere in statute. |
28 |
| (g) The school board may seek to do either of the |
29 |
| following:
|
30 |
| (1) Increase the maximum authorized annual tax rate for |
31 |
| either grade K through 8 educational purposes or grade K |
32 |
| through 8 operations and maintenance purposes with an equal |
33 |
| corresponding decrease being effected to the maximum |
34 |
| authorized tax rate for the other fund. |
35 |
| (2) Increase the maximum authorized annual tax rate for |
36 |
| either grade 9 through 12 educational purposes or grade 9 |
|
|
|
SB2795 Engrossed |
- 97 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| through 12 operations and maintenance purposes with an |
2 |
| equal corresponding decrease being effected to the maximum |
3 |
| authorized tax rate for the other fund.
|
4 |
| A proper resolution to increase and concurrently decrease |
5 |
| the maximum authorized annual tax rates for grade K through 8 |
6 |
| purposes in accordance with this subsection (g) shall be |
7 |
| submitted to the voters of the district residing in the |
8 |
| elementary and high school classification at any regular |
9 |
| scheduled election and must be approved by a majority of voters |
10 |
| living in the portion of the territory included within the |
11 |
| elementary and high school classification voting on the |
12 |
| proposition. A proper resolution to increase and concurrently |
13 |
| decrease the maximum authorized annual tax rates for grade 9 |
14 |
| through 12 purposes in accordance with this subsection (g) |
15 |
| shall be submitted to all of the voters of the district at any |
16 |
| regular scheduled election and must be approved by a majority |
17 |
| of voters voting on the proposition. No maximum tax rate |
18 |
| secured hereunder may exceed the maximum tax rate for a |
19 |
| particular purpose specified elsewhere in statute. The terms |
20 |
| and provisions of this subsection (g) shall apply instead of |
21 |
| the terms and provisions of Section 17-6.1 of this Code to any |
22 |
| concurrent equal increase and decrease in the maximum |
23 |
| authorized rates for educational and operations and |
24 |
| maintenance purposes by an optional elementary unit district.
|
25 |
| (h) The school board may borrow money and issue bonds for |
26 |
| elementary or high school purposes (but not grade K through 12 |
27 |
| purposes) as authorized by Articles 10 and 19 and Section |
28 |
| 17-2.11 of this Code and as otherwise permitted by law. All |
29 |
| notices, resolutions, and ballots related to borrowing money |
30 |
| and issuing bonds in accordance with this subsection (h) shall |
31 |
| indicate whether the proposed action is for elementary or high |
32 |
| school purposes. Taxes to pay the principal of, interest on, |
33 |
| and premium, if any, on bonds issued for high school purposes |
34 |
| shall be extended against the entire district, and taxes to pay |
35 |
| the principal of, interest on, and premium, if any, on bonds |
36 |
| issued for elementary purposes shall be extended only against |
|
|
|
SB2795 Engrossed |
- 98 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| property within the elementary and high school classification. |
2 |
| The proposition to issue bonds for high school purposes must be |
3 |
| submitted to and approved by a majority of voters of the |
4 |
| district voting on the proposition. The proposition to issue |
5 |
| bonds for elementary purposes must only be submitted to and |
6 |
| approved by a majority of voters living in the portion of the |
7 |
| territory included within the elementary and high school |
8 |
| classification voting on the proposition. Notwithstanding the |
9 |
| terms and provisions of Section 19-4 of this Code, the board of |
10 |
| an optional elementary unit district may not seek to designate |
11 |
| any bonds issued for high school purposes as bonds issued for |
12 |
| elementary purposes or designate any bonds issued for |
13 |
| elementary purposes as bonds issued for high school purposes. |
14 |
| Any petition filed in accordance with Section 19-9 of this Code |
15 |
| requesting that the proposition to issue bonds for the payment |
16 |
| of orders or claims for elementary purposes be submitted to the |
17 |
| voters must be signed by 10% or more of the registered voters |
18 |
| of the elementary and high school classification. If required |
19 |
| pursuant to Section 19-9 of this Code, the proposition to issue |
20 |
| bonds for the payment of orders or claims for elementary |
21 |
| purposes must only be submitted to and approved by a majority |
22 |
| of voters living in the portion of the territory included |
23 |
| within the elementary and high school classification voting on |
24 |
| the proposition. Taxes to pay the principal of, interest on, |
25 |
| and premium, if any, on any refunding bonds issued in |
26 |
| accordance with Article 19 of this Code to refund bonds, |
27 |
| coupons, or other evidences of indebtedness for bonds issued by |
28 |
| the optional elementary unit district for high school purposes |
29 |
| or issued by a district that dissolved to form the optional |
30 |
| elementary unit district shall be extended against the entire |
31 |
| district. Taxes to pay the principal of, interest on, and |
32 |
| premium, if any, on any refunding bonds issued in accordance |
33 |
| with Article 19 of this Code to refund bonds, coupons, or other |
34 |
| evidences of indebtedness for bonds issued by the optional |
35 |
| elementary unit district for elementary purposes shall only be |
36 |
| extended against the property within the elementary and high |
|
|
|
SB2795 Engrossed |
- 99 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| school classification. |
2 |
| (i) The school board may establish, maintain, or re-create |
3 |
| a working cash fund for elementary or high school purposes (but |
4 |
| not grade K through 12 purposes) as authorized by Article 20 of |
5 |
| this Code. All notices, resolutions, and ballots related to the |
6 |
| establishment of a working cash fund shall indicate whether the |
7 |
| working cash fund shall be for elementary or high school |
8 |
| purposes. For purposes of Section 20-2 of this Code, taxes to |
9 |
| pay the principal of, interest on, and premium, if any, on |
10 |
| bonds issued to create a working cash fund for high school |
11 |
| purposes shall be extended against the entire district, and |
12 |
| taxes to pay the principal of, interest on, and premium, if |
13 |
| any, on bonds issued to create a working cash fund for |
14 |
| elementary purposes shall be extended only against property |
15 |
| within the elementary and high school classification. Any |
16 |
| petition filed in accordance with Section 20-7 of this Code |
17 |
| requesting that the proposition to issue bonds to establish a |
18 |
| working cash fund for elementary purposes be submitted to the |
19 |
| voters must be signed by 10% or more of the registered voters |
20 |
| of the elementary and high school classification. If required |
21 |
| pursuant to Section 20-7 of this Code, the proposition to issue |
22 |
| bonds for a working cash fund for elementary purposes must only |
23 |
| be submitted to and approved by a majority of voters living in |
24 |
| the portion of the territory included within the elementary and |
25 |
| high school classification voting on the proposition. Upon the |
26 |
| abolishment of the working cash fund for elementary purposes in |
27 |
| accordance with Section 20-8 of this Code, the balance shall be |
28 |
| transferred to the fund established for the receipt of proceeds |
29 |
| from levies specified for grade K through 8 educational |
30 |
| purposes. Upon the abolishment of the working cash fund for |
31 |
| high school purposes in accordance with Section 20-8 of this |
32 |
| Code, the balance shall be transferred to the fund established |
33 |
| for the receipt of proceeds from levies specified for grade 9 |
34 |
| through 12 educational purposes.
|
35 |
| (j) The school board shall establish separate funds for the |
36 |
| receipt of tax proceeds from levies specified for grade K |
|
|
|
SB2795 Engrossed |
- 100 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| through 8 purposes and grade 9 through 12 purposes in |
2 |
| accordance with subdivisions (1) through (4) of subsection (b) |
3 |
| of this Section and the receipt of tax and other proceeds from |
4 |
| bond issuances for grade K through 8 purposes and grade 9 |
5 |
| through 12 purposes in accordance with subsection (h) of this |
6 |
| Section. Proceeds received from any levy or bond issuance |
7 |
| specified for grade K through 8 purposes shall not be used to |
8 |
| pay for any staff, equipment, materials, facilities, |
9 |
| buildings, land, or services solely related to instruction in |
10 |
| grades 9 through 12. Proceeds received from any levy or bond |
11 |
| issuance specified for grade 9 through 12 purposes shall not be |
12 |
| used to pay for any staff, equipment, materials, facilities, |
13 |
| buildings, land, or services solely related to instruction in |
14 |
| grades K through 8. Expenses related to staff, equipment, |
15 |
| materials, facilities, buildings, land, or services related to |
16 |
| instruction in both grades K through 8 and grades 9 through 12 |
17 |
| may be paid from proceeds received from a levy or bond issuance |
18 |
| specified for either grade K through 8 purposes or grade 9 |
19 |
| through 12 purposes.
|
20 |
| (k) The school board of an optional elementary unit |
21 |
| district may abate or abolish any fund in accordance with this |
22 |
| Code, provided that no funds may be transferred from an abated |
23 |
| or abolished fund specified for grade K through 8 purposes to a |
24 |
| fund specified for grade 9 through 12 purposes, and no funds |
25 |
| may be transferred from an abated or abolished fund specified |
26 |
| for grade 9 through 12 purposes to a fund specified for grade K |
27 |
| through 8 purposes.
|
28 |
| (l) To the extent that the specific requirements for |
29 |
| borrowing money, levying taxes, issuing bonds, establishing, |
30 |
| maintaining, or re-creating a working cash fund, and |
31 |
| transferring funds by an optional elementary unit district set |
32 |
| forth in this Section conflicts with any general requirements |
33 |
| for school districts set forth in Article 10, 17, 19, or 20 of |
34 |
| this Code, the requirements set forth in this Section shall |
35 |
| control over any such general requirements.
|
|
|
|
SB2795 Engrossed |
- 101 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| (105 ILCS 5/11E-100 new) |
2 |
| Sec. 11E-100. Timing of extension of tax levies.
|
3 |
| (a) If the election of the school board of the new district |
4 |
| occurs at a regular election and the board of education makes |
5 |
| its initial levy or levies in that same year, the county clerk |
6 |
| shall extend the levy or levies, notwithstanding any other law |
7 |
| that requires the adoption of a budget before the clerk may |
8 |
| extend the levy. In addition, the districts from which the new |
9 |
| district is formed, by joint agreement and with the approval of |
10 |
| the regional superintendent of schools, shall be permitted to |
11 |
| amend outstanding levies in the same calendar year in which the |
12 |
| creation of the new district is approved at the rates specified |
13 |
| in the petition. |
14 |
| (b) If the election of the board of education of the new |
15 |
| district does not occur in the same calendar year that the |
16 |
| proposition to create the new district is approved, the |
17 |
| districts from which the new district or districts are formed, |
18 |
| by joint agreement and with the approval of the regional |
19 |
| superintendent of schools, shall be permitted to levy in the |
20 |
| same calendar year in which the creation of the new district is |
21 |
| approved at the rates specified in the petition. The county |
22 |
| clerks shall extend any such levy notwithstanding any law that |
23 |
| requires adoption of a budget before extension of the levy.
|
24 |
| (105 ILCS 5/11E-105 new) |
25 |
| Sec. 11E-105. Assets, liabilities and bonded indebtedness; |
26 |
| tax rate. |
27 |
| (a) Subject to the terms and provisions of subsections (b) |
28 |
| and (c) of this Section, whenever a new district is created |
29 |
| under any of the provisions of this Article, the outstanding |
30 |
| bonded indebtedness shall be treated as provided in this |
31 |
| subsection (a) and in Section 19-29 of this Code. The tax rate |
32 |
| for bonded indebtedness shall be determined in the manner |
33 |
| provided in Section 19-7 of this Code, and, notwithstanding the |
34 |
| creation of any such district, the county clerk or clerks shall |
35 |
| annually extend taxes, for each outstanding bond issue against |
|
|
|
SB2795 Engrossed |
- 102 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| all of the taxable property that was situated within the |
2 |
| boundaries of the district, as those boundaries existed at the |
3 |
| time of the issuance of the bond issue, regardless of whether |
4 |
| the property is still contained in that same district at the |
5 |
| time of the extension of the taxes by the county clerk or |
6 |
| clerks. |
7 |
| (b) For a unit district formation, whenever a part of a |
8 |
| district is included within the boundaries of a newly created |
9 |
| unit district, the regional superintendent of schools shall |
10 |
| cause an accounting to be had between the districts affected by |
11 |
| the change in boundaries as provided for in Article 11C of this |
12 |
| Code. Whenever the entire territory of 2 or more school |
13 |
| districts is organized into a unit district pursuant to a |
14 |
| petition filed under this Article, the petition may provide |
15 |
| that the entire territory of the new unit district shall assume |
16 |
| the bonded indebtedness of the previously existing school |
17 |
| districts. In that case, the tax rate for bonded indebtedness |
18 |
| shall be determined in the manner provided in Section 19-7 of |
19 |
| this Code, except that the county clerk shall annually extend |
20 |
| taxes for each outstanding bond issue against all the taxable |
21 |
| property situated in the new unit district as it exists after |
22 |
| the organization. |
23 |
| (c)(1) For a high school-unit conversion, unit to dual |
24 |
| conversion, or multi-unit conversion, upon the effective date |
25 |
| of the change as provided in Section 11E-70 of this Code and |
26 |
| subject to the provisions of paragraph (2) of this subsection |
27 |
| (c), each newly created elementary district shall receive all |
28 |
| of the assets and assume all of the liabilities and obligations |
29 |
| of the dissolved unit district forming the boundary of the |
30 |
| newly created elementary district. |
31 |
| (2) Notwithstanding the provisions of paragraph (1) of |
32 |
| this subsection (c), upon the stipulation of the school |
33 |
| board of the school district serving a newly created |
34 |
| elementary district for high school purposes
and either (i) |
35 |
| the school board of the unit district prior to the |
36 |
| effective date of its dissolution or (ii) thereafter the |
|
|
|
SB2795 Engrossed |
- 103 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| school board of the newly created elementary district and |
2 |
| with the approval in either case of the regional |
3 |
| superintendent of schools of the educational service |
4 |
| region in which the territory described in the petition |
5 |
| filed under this Article or the greater percentage of |
6 |
| equalized assessed valuation of the territory is situated, |
7 |
| the assets, liabilities, and obligations of the dissolved |
8 |
| unit district may be divided and assumed between and by the |
9 |
| newly created elementary district and the school district |
10 |
| serving the newly created elementary district for high |
11 |
| school purposes,
in accordance with the terms and |
12 |
| provisions of the stipulation and approval. In this event, |
13 |
| the provisions of Section 19-29 shall be applied to |
14 |
| determine the debt incurring power of the newly created |
15 |
| elementary district and of the school district serving the |
16 |
| newly created elementary district for high school |
17 |
| purposes. |
18 |
| (3) Without regard to whether the receipt of assets and |
19 |
| the assumption of liabilities and obligations of the |
20 |
| dissolved unit district is determined pursuant to |
21 |
| paragraph (1) or (2) of this subsection (c), the tax rate |
22 |
| for bonded indebtedness shall be determined in the manner |
23 |
| provided in Section 19-7, and, notwithstanding the |
24 |
| creation of this new elementary district, the county clerk |
25 |
| or clerks shall annually extend taxes for each outstanding |
26 |
| bond issue against all of the taxable property that was |
27 |
| situated within the boundaries of the dissolved unit |
28 |
| district as those boundaries existed at the time of the |
29 |
| issuance of the bond issue, regardless of whether the |
30 |
| property was still contained in that unit district at the |
31 |
| time of its dissolution and regardless of whether the |
32 |
| property is contained in the newly created elementary |
33 |
| district at the time of the extension of the taxes by the |
34 |
| county clerk or clerks.
|
35 |
| (105 ILCS 5/11E-110 new) |
|
|
|
SB2795 Engrossed |
- 104 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| Sec. 11E-110. Teachers in contractual continued service. |
2 |
| (a) When a school district conversion or multi-unit |
3 |
| conversion becomes effective for purposes of administration |
4 |
| and attendance, as determined pursuant to Section 11E-70 of |
5 |
| this Code, the provisions of Section 24-12 of this Code |
6 |
| relative to the contractual continued service status of |
7 |
| teachers having contractual continued service whose positions |
8 |
| are transferred from one school board to the control of a new |
9 |
| or different school board shall apply, and the positions held |
10 |
| by teachers, as that term is defined in Section 24-11 of this |
11 |
| Code, having contractual continued service with the unit |
12 |
| district at the time of its dissolution shall be transferred on |
13 |
| the following basis: |
14 |
| (1) positions of teachers in contractual continued |
15 |
| service that, during the 5 school years immediately |
16 |
| preceding the effective date of the change, as determined |
17 |
| under Section 11E-70 of this Code, were full-time positions |
18 |
| in which all of the time required of the position was spent |
19 |
| in one or more of grades 9 through 12 shall be transferred |
20 |
| to the control of the school board of the new high school |
21 |
| district or combined high school - unit district, as the |
22 |
| case may be; |
23 |
| (2) positions of teachers in contractual continued |
24 |
| service that, during the 5 school years immediately |
25 |
| preceding the effective date of the change, as determined |
26 |
| under Section 11E-70 of this Code, were full-time positions |
27 |
| in which all of the time required of the position was spent |
28 |
| in one or more of grades kindergarten through 8 shall be |
29 |
| transferred to the control of the school board of the newly |
30 |
| created successor elementary district; and |
31 |
| (3) positions of teachers in contractual continued |
32 |
| service that were full-time positions not required to be |
33 |
| transferred to the control of the school board of the new |
34 |
| high school district or combined high school - unit |
35 |
| district, as the case may be,
or the school board of the |
36 |
| newly created successor elementary district under the |
|
|
|
SB2795 Engrossed |
- 105 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| provisions of subdivision (1) or (2) of this subsection (a) |
2 |
| shall be transferred to the control of whichever of the |
3 |
| boards the teacher shall request. |
4 |
| (4) With respect to each position to be transferred |
5 |
| under the provisions of this subsection (a), the amount of |
6 |
| time required of each position to be spent in one or more |
7 |
| of grades kindergarten through 8 and 9 through 12 shall be |
8 |
| determined with reference to the applicable records of the |
9 |
| unit district being dissolved pursuant to stipulation of |
10 |
| the school board of the unit district prior to the |
11 |
| effective date of its dissolution or thereafter of the |
12 |
| school board of the newly created districts and with the |
13 |
| approval in either case of the regional superintendent of |
14 |
| schools of the educational service region in which the |
15 |
| territory described in the petition filed under this |
16 |
| Article or the greater percentage of equalized assessed |
17 |
| evaluation of the territory is situated; however, if no |
18 |
| such stipulation can be agreed upon, the regional |
19 |
| superintendent of schools, after hearing any additional |
20 |
| relevant and material evidence that any school board |
21 |
| desires to submit, shall make the determination. |
22 |
| (b) When the creation of a unit district or a combined |
23 |
| school district becomes effective for purposes of |
24 |
| administration and attendance, as determined pursuant to |
25 |
| Section 11E-70 of this Code, the positions of teachers in |
26 |
| contractual continued service in the districts involved in the |
27 |
| creation of the new district are transferred to the newly |
28 |
| created district pursuant to the provisions of Section 24-12 of |
29 |
| this Code relative to teachers having contractual continued |
30 |
| service status whose positions are transferred from one board |
31 |
| to the control of a different board, and those provisions of |
32 |
| Section 24-12 shall apply to these transferred teachers. The |
33 |
| contractual continued service status of any teacher thereby |
34 |
| transferred to the newly created district is not lost and the |
35 |
| new school board is subject to this Code with respect to the |
36 |
| transferred teacher in the same manner as if the teacher was |
|
|
|
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| that district's employee and had been its employee during the |
2 |
| time the teacher was actually employed by the school board of |
3 |
| the district from which the position was transferred.
|
4 |
| (105 ILCS 5/11E-115 new) |
5 |
| Sec. 11E-115. Limitations on contesting boundary change. |
6 |
| Neither the People of the State of Illinois, any person or |
7 |
| corporation, private or public, nor any association of persons |
8 |
| shall commence an action contesting either directly or |
9 |
| indirectly the dissolution, division, annexation, or creation |
10 |
| of any new school district under the provisions of this |
11 |
| Article, unless the action is commenced within one year after |
12 |
| the date of the election provided for in this Article if no |
13 |
| proceedings to contest the election are duly instituted within |
14 |
| the time permitted by law, or within one year after the final |
15 |
| disposition of any proceedings that may be so instituted to |
16 |
| contest the election; however, where a limitation of a shorter |
17 |
| period is prescribed by statute, the shorter limitation shall |
18 |
| apply, and the limitation set forth in this Section shall not |
19 |
| apply to any order where the judge, body, or officer entering |
20 |
| the order being challenged did not at the time of the entry of |
21 |
| the order have jurisdiction of the subject matter. |
22 |
| (105 ILCS 5/11E-120 new) |
23 |
| Sec. 11E-120. Limitation on successive petitions. |
24 |
| (a) No affected district shall be again involved in |
25 |
| proceedings under this Article for at least 2 years after a |
26 |
| final non-procedural determination of the first proceeding, |
27 |
| unless during that 2 year period a petition filed is |
28 |
| substantially different than any other previously filed |
29 |
| petition during the previous 2 years or if an affected district |
30 |
| is placed on academic watch status or the financial watch list |
31 |
| by the State Board of Education or is certified as being in |
32 |
| financial difficulty during that 2 year period. |
33 |
| (b) Nothing contained in this Section shall be deemed to |
34 |
| limit or restrict the ability of an elementary district to join |
|
|
|
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1 |
| an optional elementary unit district in accordance with the |
2 |
| terms and provisions of subsection (d) of Section 11E-30 of |
3 |
| this Code.
|
4 |
| (105 ILCS 5/11E-125 new) |
5 |
| Sec. 11E-125. Districts not penalized for nonrecognition. |
6 |
| Any school district included in a petition for reorganization |
7 |
| as authorized under this Article shall not suffer loss of State |
8 |
| aid as a result of being placed on nonrecognition status if the |
9 |
| district continues to operate and the petition is granted. |
10 |
| (105 ILCS 5/11E-130 new) |
11 |
| Sec. 11E-130. Unit district formation and joint agreement |
12 |
| vocational education program. |
13 |
| (a) If a unit district is established under the provisions |
14 |
| of this Article and more than 50% of the territory of the unit |
15 |
| district is territory that immediately prior to its inclusion |
16 |
| in the unit district was included in a high school district or |
17 |
| districts that were signatories under the same joint agreement |
18 |
| vocational education program, pursuant to the provisions of |
19 |
| this Code, then the unit district shall upon its establishment |
20 |
| be deemed to be a member and signatory to the joint agreement |
21 |
| and shall also have the right to continue to extend taxes under |
22 |
| any previous authority to levy a tax under Section 17-2.4 of |
23 |
| this Code. |
24 |
| (b) In those instances, however, when more than 50% of the |
25 |
| territory of any unit district was not, immediately prior to |
26 |
| its establishment, included within the territory of a high |
27 |
| school district that was a signatory to the same joint |
28 |
| agreement vocational education program, then the unit district |
29 |
| shall not be deemed upon its establishment to be a signatory to |
30 |
| the joint agreement nor shall the unit district be deemed to |
31 |
| have the special tax levy rights under Section 17-2.4 of this |
32 |
| Code. |
33 |
| (c) Nothing in this Section shall be deemed to forbid the |
34 |
| unit district from subsequently joining a joint agreement |
|
|
|
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|
1 |
| vocational education program and to thereafter levy a tax under |
2 |
| Section 17-2.4 of this Code by following the provisions of |
3 |
| Section 17-2.4. In the event that any such unit district should |
4 |
| subsequently join any such joint agreement vocational |
5 |
| education program, it shall be entitled to a fair credit, as |
6 |
| computed by the State Board of Education, for any capital |
7 |
| contributions previously made to the joint agreement |
8 |
| vocational education program from taxes levied against the |
9 |
| assessed valuation of property situated in any part of the |
10 |
| territory included within the unit district.
|
11 |
| (105 ILCS 5/11E-135 new) |
12 |
| Sec. 11E-135. Incentives. For districts reorganizing under |
13 |
| this Article and for a district or districts that annex all of |
14 |
| the territory of one or more entire other school districts in |
15 |
| accordance with Article 7 of this Code, the following payments |
16 |
| shall be made from appropriations made for these purposes: |
17 |
| (a)(1) For a combined school district, as defined in |
18 |
| Section 11E-20 of this Code, or for a unit district, as defined |
19 |
| in Section 11E-25 of this Code, for its first year of |
20 |
| existence, the general State aid and supplemental general State |
21 |
| aid calculated under Section 18-8.05 of this Code shall be |
22 |
| computed for the new district and for the previously existing |
23 |
| districts for which property is totally included within the new |
24 |
| district. If the computation on the basis of the previously |
25 |
| existing districts is greater, a supplementary payment equal to |
26 |
| the difference shall be made for the first 4 years of existence |
27 |
| of the new district. |
28 |
| (2) For a school district that annexes all of the |
29 |
| territory of one or more entire other school districts as |
30 |
| defined in Article 7 of this Code, for the first year |
31 |
| during which the change of boundaries attributable to the |
32 |
| annexation becomes effective for all purposes, as |
33 |
| determined under Section 7-9 of this Code, the general |
34 |
| State aid and supplemental general State aid calculated |
35 |
| under Section 18-8.05 of this Code shall be computed for |
|
|
|
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1 |
| the annexing district as constituted after the annexation |
2 |
| and for the annexing and each annexed district as |
3 |
| constituted prior to the annexation; and if the computation |
4 |
| on the basis of the annexing and annexed districts as |
5 |
| constituted prior to the annexation is greater, then a |
6 |
| supplementary payment equal to the difference shall be made |
7 |
| for the first 4 years of existence of the annexing school |
8 |
| district as constituted upon the annexation. |
9 |
| (3) For 2 or more school districts that annex all of |
10 |
| the territory of one or more entire other school districts, |
11 |
| as defined in Article 7 of this Code, for the first year |
12 |
| during which the change of boundaries attributable to the |
13 |
| annexation becomes effective for all purposes, as |
14 |
| determined under Section 7-9 of this Code, the general |
15 |
| State aid and supplemental general State aid calculated |
16 |
| under Section 18-8.05 of this Code shall be computed for |
17 |
| each annexing district as constituted after the annexation |
18 |
| and for each annexing and annexed district as constituted |
19 |
| prior to the annexation; and if the aggregate of the |
20 |
| general State aid and supplemental general State aid as so |
21 |
| computed for the annexing districts as constituted after |
22 |
| the annexation is less than the aggregate of the general |
23 |
| State aid and supplemental general State aid as so computed |
24 |
| for the annexing and annexed districts, as constituted |
25 |
| prior to the annexation, then a supplementary payment equal |
26 |
| to the difference shall be made and allocated between or |
27 |
| among the annexing districts, as constituted upon the |
28 |
| annexation, for the first 4 years of their existence. The |
29 |
| total difference payment shall be allocated between or |
30 |
| among the annexing districts in the same ratio as the pupil |
31 |
| enrollment from that portion of the annexed district or |
32 |
| districts that is annexed to each annexing district bears |
33 |
| to the total pupil enrollment from the entire annexed |
34 |
| district or districts, as such pupil enrollment is |
35 |
| determined for the school year last ending prior to the |
36 |
| date when the change of boundaries attributable to the |
|
|
|
SB2795 Engrossed |
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|
1 |
| annexation becomes effective for all purposes. The amount |
2 |
| of the total difference payment and the amount thereof to |
3 |
| be allocated to the annexing districts shall be computed by |
4 |
| the State Board of Education on the basis of pupil |
5 |
| enrollment and other data that shall be certified to the |
6 |
| State Board of Education, on forms that it shall provide |
7 |
| for that purpose, by the regional superintendent of schools |
8 |
| for each educational service region in which the annexing |
9 |
| and annexed districts are located. |
10 |
| (4) For a school district conversion, as defined in |
11 |
| Section 11E-15 of this Code, or a multi-unit conversion, as |
12 |
| defined in subsection (b) of Section 11E-30 of this Code, |
13 |
| if in their first year of existence the newly created |
14 |
| elementary districts and the newly created high school |
15 |
| district, from a school district conversion, or the newly |
16 |
| created elementary district or districts and newly created |
17 |
| combined high school - unit district, from a multi-unit |
18 |
| conversion, qualify for less general State aid under |
19 |
| Section 18-8.05 of this Code than would have been payable |
20 |
| under Section 18-8.05 for that same year to the previously |
21 |
| existing districts, then a supplementary payment equal to |
22 |
| that difference shall be made for the first 4 years of |
23 |
| existence of the newly created districts. The aggregate |
24 |
| amount of each supplementary payment shall be allocated |
25 |
| among the newly created districts in the proportion that |
26 |
| the deemed pupil enrollment in each district during its |
27 |
| first year of existence bears to the actual aggregate pupil |
28 |
| enrollment in all of the districts during their first year |
29 |
| of existence. For purposes of each allocation: |
30 |
| (A) the deemed pupil enrollment of the newly |
31 |
| created high school district from a school district |
32 |
| conversion shall be an amount equal to its actual pupil |
33 |
| enrollment for its first year of existence multiplied |
34 |
| by 1.25; |
35 |
| (B) the deemed pupil enrollment of each newly |
36 |
| created elementary district from a school district |
|
|
|
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|
1 |
| conversion shall be an amount equal to its actual pupil |
2 |
| enrollment for its first year of existence reduced by |
3 |
| an amount equal to the product obtained when the amount |
4 |
| by which the newly created high school district's |
5 |
| deemed pupil enrollment exceeds its actual pupil |
6 |
| enrollment for its first year of existence is |
7 |
| multiplied by a fraction, the numerator of which is the |
8 |
| actual pupil enrollment of the newly created |
9 |
| elementary district for its first year of existence and |
10 |
| the denominator of which is the actual aggregate pupil |
11 |
| enrollment of all of the newly created elementary |
12 |
| districts for their first year of existence; |
13 |
| (C) the deemed high school pupil enrollment of the |
14 |
| newly created combined high school - unit district from |
15 |
| a multi-unit conversion shall be an amount equal to its |
16 |
| actual grades 9 through 12 pupil enrollment for its |
17 |
| first year of existence multiplied by 1.25; and |
18 |
| (D) the deemed elementary pupil enrollment of each |
19 |
| newly created district from a multi-unit conversion |
20 |
| shall be an amount equal to each district's actual |
21 |
| grade K through 8 pupil enrollment for its first year |
22 |
| of existence, reduced by an amount equal to the product |
23 |
| obtained when the amount by which the newly created |
24 |
| combined high school - unit district's deemed high |
25 |
| school pupil enrollment exceeds its actual grade 9 |
26 |
| through 12 pupil enrollment for its first year of |
27 |
| existence is multiplied by a fraction, the numerator of |
28 |
| which is the actual grade K through 8 pupil enrollment |
29 |
| of each newly created district for its first year of |
30 |
| existence and the denominator of which is the actual |
31 |
| aggregate grade K through 8 pupil enrollment of all |
32 |
| such newly created districts for their first year of |
33 |
| existence. |
34 |
|
The aggregate amount of each supplementary payment |
35 |
| under this subdivision (4) and the amount thereof to be |
36 |
| allocated to the newly created districts shall be computed |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
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|
1 |
| by the State Board of Education on the basis of pupil |
2 |
| enrollment and other data, which shall be certified to the |
3 |
| State Board of Education, on forms that it shall provide |
4 |
| for that purpose, by the regional superintendent of schools |
5 |
| for each educational service region in which the newly |
6 |
| created districts are located.
|
7 |
| (5) For a partial elementary unit district, as defined |
8 |
| in subsection (a) or (c) of Section 11E-30 of this Code, |
9 |
| if, in the first year of existence, the newly created |
10 |
| partial elementary unit district qualifies for less |
11 |
| general State aid and supplemental general State aid under |
12 |
| Section 18-8.05 of this Code than would have been payable |
13 |
| under that Section for that same year to the previously |
14 |
| existing districts that formed the partial elementary unit |
15 |
| district, then a supplementary payment equal to that |
16 |
| difference shall be made to the partial elementary unit |
17 |
| district for the first 4 years of existence of that newly |
18 |
| created district. |
19 |
| (6) For an elementary opt-in, as described in |
20 |
| subsection (d) of Section 11E-30 of this Code, the general |
21 |
| State aid difference shall be computed in accordance with |
22 |
| paragraph (5) of this subsection (a) as if the elementary |
23 |
| opt-in was included in an optional elementary unit district |
24 |
| at the optional elementary unit district's original |
25 |
| effective date. If the calculation in this paragraph (6) is |
26 |
| less than that calculated in paragraph (5) of this |
27 |
| subsection (a) at the optional elementary unit district's |
28 |
| original effective date, then no adjustments may be made. |
29 |
| If the calculation in this paragraph (6) is more than that |
30 |
| calculated in paragraph (5) of this subsection (a) at the |
31 |
| optional elementary unit district's original effective |
32 |
| date, then the excess must be paid as follows: |
33 |
| (A) If the effective date for the elementary opt-in |
34 |
| is one year after the effective date for the optional |
35 |
| elementary unit district, 100% of the calculated |
36 |
| excess shall be paid to the optional elementary unit |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
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|
1 |
| district in each of the first 4 years after the |
2 |
| effective date of the elementary opt-in. |
3 |
| (B) If the effective date for the elementary opt-in |
4 |
| is 2 years after the effective date for the optional |
5 |
| elementary unit district, 75% of the calculated excess |
6 |
| shall be paid to the optional elementary unit district |
7 |
| in each of the first 4 years after the effective date |
8 |
| of the elementary opt-in. |
9 |
| (C) If the effective date for the elementary opt-in |
10 |
| is 3 years after the effective date for the optional |
11 |
| elementary unit district, 50% of the calculated excess |
12 |
| shall be paid to the optional elementary unit district |
13 |
| in each of the first 4 years after the effective date |
14 |
| of the elementary opt-in. |
15 |
| (D) If the effective date for the elementary opt-in |
16 |
| is 4 years after the effective date for the optional |
17 |
| elementary unit district, 25% of the calculated excess |
18 |
| shall be paid to the optional elementary unit district |
19 |
| in each of the first 4 years after the effective date |
20 |
| of the elementary opt-in. |
21 |
| (E) If the effective date for the elementary opt-in |
22 |
| is 5 years after the effective date for the optional |
23 |
| elementary unit district, the optional elementary unit |
24 |
| district is not eligible for any additional incentives |
25 |
| due to the elementary opt-in. |
26 |
| (7) Claims for financial assistance under this |
27 |
| subsection (a) may not be recomputed except as expressly |
28 |
| provided under Section 18-8.05 of this Code. |
29 |
| (8) Any supplementary payment made under this |
30 |
| subsection (a) must be treated as separate from all other |
31 |
| payments made pursuant to Section 18-8.05 of this Code. |
32 |
| (b)(1) After the formation of a combined school district, |
33 |
| as defined in Section 11E-20 of this Code, or a unit district, |
34 |
| as defined in Section 11E-25 of this Code, a computation shall |
35 |
| be made to determine the difference between the salaries |
36 |
| effective in each of the previously existing districts on June |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
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|
1 |
| 30, prior to the creation of the new district. For the first 4 |
2 |
| years after the formation of the new district, a supplementary |
3 |
| State aid reimbursement shall be paid to the new district equal |
4 |
| to the difference between the sum of the salaries earned by |
5 |
| each of the certificated members of the new district, while |
6 |
| employed in one of the previously existing districts during the |
7 |
| year immediately preceding the formation of the new district, |
8 |
| and the sum of the salaries those certificated members would |
9 |
| have been paid during the year immediately prior to the |
10 |
| formation of the new district if placed on the salary schedule |
11 |
| of the previously existing district with the highest salary |
12 |
| schedule. |
13 |
| (2) After the territory of one or more school districts |
14 |
| is annexed by one or more other school districts as defined |
15 |
| in Article 7 of this Code, a computation shall be made to |
16 |
| determine the difference between the salaries effective in |
17 |
| each annexed district and in the annexing district or |
18 |
| districts as they were each constituted on June 30 |
19 |
| preceding the date when the change of boundaries |
20 |
| attributable to the annexation became effective for all |
21 |
| purposes, as determined under Section 7-9 of this Code. For |
22 |
| the first 4 years after the annexation, a supplementary |
23 |
| State aid reimbursement shall be paid to each annexing |
24 |
| district as constituted after the annexation equal to the |
25 |
| difference between the sum of the salaries earned by each |
26 |
| of the certificated members of the annexing district as |
27 |
| constituted after the annexation, while employed in an |
28 |
| annexed or annexing district during the year immediately |
29 |
| preceding the annexation, and the sum of the salaries those |
30 |
| certificated members would have been paid during the |
31 |
| immediately preceding year if placed on the salary schedule |
32 |
| of whichever of the annexing or annexed districts had the |
33 |
| highest salary schedule during the immediately preceding |
34 |
| year. |
35 |
| (3) For each new high school district formed under a |
36 |
| school district conversion, as defined in Section 11E-15 of |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| this Code, the State shall make a supplementary payment for |
2 |
| 4 years equal to the difference between the sum of the |
3 |
| salaries earned by each certified member of the new high |
4 |
| school district, while employed in one of the previously |
5 |
| existing districts, and the sum of the salaries those |
6 |
| certified members would have been paid if placed on the |
7 |
| salary schedule of the previously existing district with |
8 |
| the highest salary schedule. |
9 |
| (4) For each newly created partial elementary unit |
10 |
| district, the State shall make a supplementary payment for |
11 |
| 4 years equal to the difference between the sum of the |
12 |
| salaries earned by each certified member of the newly |
13 |
| created partial elementary unit district, while employed |
14 |
| in one of the previously existing districts that formed the |
15 |
| partial elementary unit district, and the sum of the |
16 |
| salaries those certified members would have been paid if |
17 |
| placed on the salary schedule of the previously existing |
18 |
| district with the highest salary schedule. The salary |
19 |
| schedules used in the calculation shall be those in effect |
20 |
| in the previously existing districts for the school year |
21 |
| prior to the creation of the new partial elementary unit |
22 |
| district. |
23 |
| (5) For an elementary district opt-in, as described in |
24 |
| subsection (d) of Section 11E-30 of this Code, the salary |
25 |
| difference incentive shall be computed in accordance with |
26 |
| paragraph (4) of this subsection (b) as if the opted-in |
27 |
| elementary district was included in the optional |
28 |
| elementary unit district at the optional elementary unit |
29 |
| district's original effective date. If the calculation in |
30 |
| this paragraph (5) is less than that calculated in |
31 |
| paragraph (4) of this subsection (b) at the optional |
32 |
| elementary unit district's original effective date, then |
33 |
| no adjustments may be made. If the calculation in this |
34 |
| paragraph (5) is more than that calculated in paragraph (4) |
35 |
| of this subsection (b) at the optional elementary unit |
36 |
| district's original effective date, then the excess must be |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| paid as follows: |
2 |
| (A) If the effective date for the elementary opt-in |
3 |
| is one year after the effective date for the optional |
4 |
| elementary unit district, 100% of the calculated |
5 |
| excess shall be paid to the optional elementary unit |
6 |
| district in each of the first 4 years after the |
7 |
| effective date of the elementary opt-in. |
8 |
| (B) If the effective date for the elementary opt-in |
9 |
| is 2 years after the effective date for the optional |
10 |
| elementary unit district, 75% of the calculated excess |
11 |
| shall be paid to the optional elementary unit district |
12 |
| in each of the first 4 years after the effective date |
13 |
| of the elementary opt-in. |
14 |
| (C) If the effective date for the elementary opt-in |
15 |
| is 3 years after the effective date for the optional |
16 |
| elementary unit district, 50% of the calculated excess |
17 |
| shall be paid to the optional elementary unit district |
18 |
| in each of the first 4 years after the effective date |
19 |
| of the elementary opt-in. |
20 |
| (D) If the effective date for the elementary opt-in |
21 |
| is 4 years after the effective date for the partial |
22 |
| elementary unit district, 25% of the calculated excess |
23 |
| shall be paid to the optional elementary unit district |
24 |
| in each of the first 4 years after the effective date |
25 |
| of the elementary opt-in. |
26 |
| (E) If the effective date for the elementary opt-in |
27 |
| is 5 years after the effective date for the optional |
28 |
| elementary unit district, the optional elementary unit |
29 |
| district is not eligible for any additional incentives |
30 |
| due to the elementary opt-in. |
31 |
| (6) The supplementary State aid reimbursement under |
32 |
| this subsection (b) shall be treated as separate from all |
33 |
| other payments made pursuant to Section 18-8.05 of this |
34 |
| Code. In the case of the formation of a new district, |
35 |
| reimbursement shall begin during the first year of |
36 |
| operation of the new district, and in the case of an |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| annexation of the territory of one or more school districts |
2 |
| by one or more other school districts, reimbursement shall |
3 |
| begin during the first year when the change in boundaries |
4 |
| attributable to the annexation or division becomes |
5 |
| effective for all purposes as determined pursuant to |
6 |
| Section 7-9 of this Code. Each year that the new, annexing, |
7 |
| or resulting district, as the case may be, is entitled to |
8 |
| receive reimbursement, the number of eligible certified |
9 |
| members who are employed on October 1 in the district shall |
10 |
| be certified to the State Board of Education on prescribed |
11 |
| forms by October 15 and payment shall be made on or before |
12 |
| November 15 of that year. |
13 |
| (c)(1) For the first year after the formation of a combined |
14 |
| school district, as defined in Section 11E-20 of this Code or a |
15 |
| unit district, as defined in Section 11E-25 of this Code, a |
16 |
| computation shall be made totaling each previously existing |
17 |
| district's audited fund balances in the educational fund, |
18 |
| working cash fund, operations and maintenance fund, and |
19 |
| transportation fund for the year ending June 30 prior to the |
20 |
| referendum for the creation of the new district. The new |
21 |
| district shall be paid supplementary State aid equal to the sum |
22 |
| of the differences between the deficit of the previously |
23 |
| existing district with the smallest deficit and the deficits of |
24 |
| each of the other previously existing districts. |
25 |
| (2) For the first year after the annexation of all of |
26 |
| the territory of one or more entire school districts by |
27 |
| another school district, as defined in Article 7 of this |
28 |
| Code, computations shall be made, for the year ending June |
29 |
| 30 prior to the date that the change of boundaries |
30 |
| attributable to the annexation is allowed by the |
31 |
| affirmative decision issued by the regional board of school |
32 |
| trustees under Section 7-6 of this Code, notwithstanding |
33 |
| any effort to seek administrative review of the decision, |
34 |
| totaling the annexing district's and totaling each annexed |
35 |
| district's audited fund balances in their respective |
36 |
| educational, working cash, operations and maintenance, and |
|
|
|
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1 |
| transportation funds. The annexing district as constituted |
2 |
| after the annexation shall be paid supplementary State aid |
3 |
| equal to the sum of the differences between the deficit of |
4 |
| whichever of the annexing or annexed districts as |
5 |
| constituted prior to the annexation had the smallest |
6 |
| deficit and the deficits of each of the other districts as |
7 |
| constituted prior to the annexation. |
8 |
| (3) For the first year after the annexation of all of |
9 |
| the territory of one or more entire school districts by 2 |
10 |
| or more other school districts, as defined by Article 7 of |
11 |
| this Code, computations shall be made, for the year ending |
12 |
| June 30 prior to the date that the change of boundaries |
13 |
| attributable to the annexation is allowed by the |
14 |
| affirmative decision of the regional board of school |
15 |
| trustees under Section 7-6 of this Code, notwithstanding |
16 |
| any action for administrative review of the decision, |
17 |
| totaling each annexing and annexed district's audited fund |
18 |
| balances in their respective educational, working cash, |
19 |
| operations and maintenance, and transportation funds. The |
20 |
| annexing districts as constituted after the annexation |
21 |
| shall be paid supplementary State aid, allocated as |
22 |
| provided in this paragraph (3), in an aggregate amount |
23 |
| equal to the sum of the differences between the deficit of |
24 |
| whichever of the annexing or annexed districts as |
25 |
| constituted prior to the annexation had the smallest |
26 |
| deficit and the deficits of each of the other districts as |
27 |
| constituted prior to the annexation. The aggregate amount |
28 |
| of the supplementary State aid payable under this paragraph |
29 |
| (3) shall be allocated between or among the annexing |
30 |
| districts as follows: |
31 |
| (A) the regional superintendent of schools for |
32 |
| each educational service region in which an annexed |
33 |
| district is located prior to the annexation shall |
34 |
| certify to the State Board of Education, on forms that |
35 |
| it shall provide for that purpose, the value of all |
36 |
| taxable property in each annexed district, as last |
|
|
|
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| equalized or assessed by the Department of Revenue |
2 |
| prior to the annexation, and the equalized assessed |
3 |
| value of each part of the annexed district that was |
4 |
| annexed to or included as a part of an annexing |
5 |
| district; |
6 |
| (B) using equalized assessed values as certified |
7 |
| by the regional superintendent of schools under clause |
8 |
| (A) of this paragraph (3), the combined audited fund |
9 |
| balance deficit of each annexed district as determined |
10 |
| under this Section shall be apportioned between or |
11 |
| among the annexing districts in the same ratio as the |
12 |
| equalized assessed value of that part of the annexed |
13 |
| district that was annexed to or included as a part of |
14 |
| an annexing district bears to the total equalized |
15 |
| assessed value of the annexed district; and |
16 |
| (C) the aggregate supplementary State aid payment |
17 |
| under this paragraph (3) shall be allocated between or |
18 |
| among, and shall be paid to, the annexing districts in |
19 |
| the same ratio as the sum of the combined audited fund |
20 |
| balance deficit of each annexing district as |
21 |
| constituted prior to the annexation, plus all combined |
22 |
| audited fund balance deficit amounts apportioned to |
23 |
| that annexing district under clause (B) of this |
24 |
| subsection, bears to the aggregate of the combined |
25 |
| audited fund balance deficits of all of the annexing |
26 |
| and annexed districts as constituted prior to the |
27 |
| annexation. |
28 |
| (4) For the new elementary districts and new high |
29 |
| school district formed through a school district |
30 |
| conversion, as defined in subsection (b) of Section 11E-15 |
31 |
| of this Code or the new elementary district or districts |
32 |
| and new combined high school - unit district formed through |
33 |
| a multi-unit conversion, as defined in subsection (b) of |
34 |
| Section 11E-30 of this Code, a computation shall be made |
35 |
| totaling each previously existing district's audited fund |
36 |
| balances in the educational fund, working cash fund, |
|
|
|
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1 |
| operations and maintenance fund, and transportation fund |
2 |
| for the year ending June 30 prior to the referendum |
3 |
| establishing the new districts. In the first year of the |
4 |
| new districts, the State shall make a one-time |
5 |
| supplementary payment equal to the sum of the differences |
6 |
| between the deficit of the previously existing district |
7 |
| with the smallest deficit and the deficits of each of the |
8 |
| other previously existing districts. A district with a |
9 |
| combined balance among the 4 funds that is positive shall |
10 |
| be considered to have a deficit of zero. The supplementary |
11 |
| payment shall be allocated among the newly formed high |
12 |
| school and elementary districts in the manner provided by |
13 |
| the petition for the formation of the districts, in the |
14 |
| form in which the petition is approved by the regional |
15 |
| superintendent of schools or State Superintendent of |
16 |
| Education under Section 11E-50 of this Code. |
17 |
| (5) For each newly created partial elementary unit |
18 |
| district, as defined in subsection (a) or (c) of Section |
19 |
| 11E-30 of this Code, a computation shall be made totaling |
20 |
| the audited fund balances of each previously existing |
21 |
| district that formed the new partial elementary unit |
22 |
| district in the educational fund, working cash fund, |
23 |
| operations and maintenance fund, and transportation fund |
24 |
| for the year ending June 30 prior to the referendum for the |
25 |
| formation of the partial elementary unit district. In the |
26 |
| first year of the new partial elementary unit district, the |
27 |
| State shall make a one-time supplementary payment to the |
28 |
| new district equal to the sum of the differences between |
29 |
| the deficit of the previously existing district with the |
30 |
| smallest deficit and the deficits of each of the other |
31 |
| previously existing districts. A district with a combined |
32 |
| balance among the 4 funds that is positive shall be |
33 |
| considered to have a deficit of zero. |
34 |
| (6) For an elementary opt-in as defined in subsection |
35 |
| (d) of Section 11E-30 of this Code, the deficit fund |
36 |
| balance incentive shall be computed in accordance with |
|
|
|
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| paragraph (5) of this subsection (c) as if the opted-in |
2 |
| elementary was included in the optional elementary unit |
3 |
| district at the optional elementary unit district's |
4 |
| original effective date. If the calculation in this |
5 |
| paragraph (6) is less than that calculated in paragraph (5) |
6 |
| of this subsection (c) at the optional elementary unit |
7 |
| district's original effective date, then no adjustments |
8 |
| may be made. If the calculation in this paragraph (6) is |
9 |
| more than that calculated in paragraph (5) of this |
10 |
| subsection (c) at the optional elementary unit district's |
11 |
| original effective date, then the excess must be paid as |
12 |
| follows: |
13 |
| (A) If the effective date for the elementary opt-in |
14 |
| is one year after the effective date for the optional |
15 |
| elementary unit district, 100% of the calculated |
16 |
| excess shall be paid to the optional elementary unit |
17 |
| district in the first year after the effective date of |
18 |
| the elementary opt-in. |
19 |
| (B) If the effective date for the elementary opt-in |
20 |
| is 2 years after the effective date for the optional |
21 |
| elementary unit district, 75% of the calculated excess |
22 |
| shall be paid to the optional elementary unit district |
23 |
| in the first year after the effective date of the |
24 |
| elementary opt-in. |
25 |
| (C) If the effective date for the elementary opt-in |
26 |
| is 3 years after the effective date for the optional |
27 |
| elementary unit district, 50% of the calculated excess |
28 |
| shall be paid to the optional elementary unit district |
29 |
| in the first year after the effective date of the |
30 |
| elementary opt-in. |
31 |
| (D) If the effective date for the elementary opt-in |
32 |
| is 4 years after the effective date for the optional |
33 |
| elementary unit district, 25% of the calculated excess |
34 |
| shall be paid to the optional elementary unit district |
35 |
| in the first year after the effective date of the |
36 |
| elementary opt-in. |
|
|
|
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1 |
| (E) If the effective date for the elementary opt-in |
2 |
| is 5 years after the effective date for the optional |
3 |
| elementary unit district, the optional elementary unit |
4 |
| district is not eligible for any additional incentives |
5 |
| due to the elementary opt-in. |
6 |
| (7) For purposes of any calculation required under |
7 |
| paragraph (1), (2), (3), (4), (5), or (6) of this |
8 |
| subsection (c), a district with a combined fund balance |
9 |
| that is positive shall be considered to have a deficit of |
10 |
| zero. For purposes of determining each district's audited |
11 |
| fund balances in its educational fund, working cash fund, |
12 |
| operations and maintenance fund, and transportation fund |
13 |
| for the specified year ending June 30, as provided in |
14 |
| paragraphs (1), (2), (3), (4), (5), and (6) of this |
15 |
| subsection (c), the balance of each fund shall be deemed |
16 |
| decreased by an amount equal to the amount of the annual |
17 |
| property tax theretofore levied in the fund by the district |
18 |
| for collection and payment to the district during the |
19 |
| calendar year in which the June 30 fell, but only to the |
20 |
| extent that the tax so levied in the fund actually was |
21 |
| received by the district on or before or comprised a part |
22 |
| of the fund on such June 30. For purposes of determining |
23 |
| each district's audited fund balances, a calculation shall |
24 |
| be made for each fund to determine the average for the 3 |
25 |
| years prior to the specified year ending June 30, as |
26 |
| provided in paragraphs (1), (2), (3), (4), (5), and (6) of |
27 |
| this subsection (c), of the district's expenditures in the |
28 |
| categories "purchased services", "supplies and materials", |
29 |
| and "capital outlay", as those categories are defined in |
30 |
| rules of the State Board of Education. If this 3-year |
31 |
| average is less than the district's expenditures in these |
32 |
| categories for the specified year ending June 30, as |
33 |
| provided in paragraphs (1), (2), (3), (4), (5), and (6) of |
34 |
| this subsection (c), then the 3-year average shall be used |
35 |
| in calculating the amounts payable under this Section in |
36 |
| place of the amounts shown in these categories for the |
|
|
|
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|
1 |
| specified year ending June 30, as provided in paragraphs |
2 |
| (1), (2), (3), (4), (5), and (6) of this subsection (c). |
3 |
| Any deficit because of State aid not yet received may not |
4 |
| be considered in determining the June 30 deficits. The same |
5 |
| basis of accounting shall be used by all previously |
6 |
| existing districts and by all annexing or annexed |
7 |
| districts, as constituted prior to the annexation, in |
8 |
| making any computation required under paragraphs (1), (2), |
9 |
| (3), (4), (5), and (6) of this subsection (c). |
10 |
| (8) The supplementary State aid payments under this |
11 |
| subsection (c) shall be treated as separate from all other |
12 |
| payments made pursuant to Section 18-8.05 of this Code. |
13 |
| (d)(1) Following the formation of a combined school |
14 |
| district, as defined in Section 11E-20 of this Code, a new |
15 |
| elementary district or districts and a new high school district |
16 |
| formed through a school district conversion, as defined in |
17 |
| subsection (b) of Section 11E-15 of this Code, a new partial |
18 |
| elementary unit district, as defined in Section 11E-30 of this |
19 |
| Code, or a new elementary district or districts formed through |
20 |
| a multi-unit conversion, as defined in subsection (b) of |
21 |
| Section 11E-30 of this Code, or the annexation of all of the |
22 |
| territory of one or more entire school districts by one or more |
23 |
| other school districts, as defined in Article 7 of this Code, a |
24 |
| supplementary State aid reimbursement shall be paid for the |
25 |
| number of school years determined under the following table to |
26 |
| each new or annexing district equal to the sum of $4,000 for |
27 |
| each certified employee who is employed by the district on a |
28 |
| full-time basis for the regular term of the school year: |
|
29 | | Reorganized District's | 30 | | Rank by type of | 31 | | district (unit, high | 32 | | school, elementary) in | 33 | | Equalized Assessed | 34 | | Value Per Pupil by | 35 | | Quintile | | Reorganized District's Rank in Average Daily Attendance by Quintile |
|
|
|
|
|
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|
1 | | | 2 | | | 1st Quintile
| 2nd Quintile | 3rd, 4th, or 5th Quintile |
|
3 | | 1st Quintile | 1 year | 1 year | 1 year |
|
4 | | 2nd Quintile | 1 year | 2 years | 2 years |
|
5 | | 3rd Quintile | 2 years | 3 years | 3 years |
|
6 | | 4th Quintile | 2 years | 3 years | 3 years |
|
7 | | 5th Quintile
| 2 years
| 3 years
| 3 years
|
|
8 |
| The State Board of Education shall make a one-time calculation |
9 |
| of a reorganized district's quintile ranks. The average daily |
10 |
| attendance used in this calculation shall be the best 3 months' |
11 |
| average daily attendance for the district's first year. The |
12 |
| equalized assessed value per pupil shall be the district's real |
13 |
| property equalized assessed value used in calculating the |
14 |
| district's first-year general State aid claim, under Section |
15 |
| 18-8.05 of this Code, divided by the best 3 months' average |
16 |
| daily attendance. |
17 |
| No annexing or resulting school district shall be entitled |
18 |
| to supplementary State aid under this subsection (d) unless the |
19 |
| district acquires at least 30% of the average daily attendance |
20 |
| of the district from which the territory is being detached or |
21 |
| divided. |
22 |
| If a district results from multiple reorganizations that |
23 |
| would otherwise qualify the district for multiple payments |
24 |
| under this subsection (d) in any year, then the district shall |
25 |
| receive a single payment only for that year based solely on the |
26 |
| most recent reorganization. |
27 |
| (2) For an elementary opt-in, as defined in subsection |
28 |
| (d) of Section 11E-30 of this Code, the full-time certified |
29 |
| staff incentive shall be computed in accordance with |
30 |
| paragraph (1) of this subsection (d), equal to the sum of |
31 |
| $4,000 for each certified employee of the elementary |
32 |
| district that opts-in who is employed by the optional |
33 |
| elementary unit district on a full-time basis for the |
34 |
| regular term of the school year. The calculation from this |
35 |
| paragraph (2) must be paid as follows: |
|
|
|
SB2795 Engrossed |
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|
1 |
| (A) If the effective date for the elementary opt-in |
2 |
| is one year after the effective date for the optional |
3 |
| elementary unit district, 100% of the amount |
4 |
| calculated in this paragraph (2) shall be paid to the |
5 |
| optional elementary unit district for the number of |
6 |
| years calculated in paragraph (1) of this subsection |
7 |
| (d) at the optional elementary unit district's |
8 |
| original effective date, starting in the second year |
9 |
| after the effective date of the elementary opt-in. |
10 |
| (B) If the effective date for the elementary opt-in |
11 |
| is 2 years after the effective date for the optional |
12 |
| elementary unit district, 75% of the amount calculated |
13 |
| in this paragraph (2) shall be paid to the optional |
14 |
| elementary unit district for the number of years |
15 |
| calculated in paragraph (1) of this subsection (d) at |
16 |
| the optional elementary unit district's original |
17 |
| effective date, starting in the second year after the |
18 |
| effective date of the elementary opt-in. |
19 |
| (C) If the effective date for the elementary opt-in |
20 |
| is 3 years after the effective date for the optional |
21 |
| elementary unit district, 50% of the amount calculated |
22 |
| in this paragraph (2) shall be paid to the optional |
23 |
| elementary unit district for the number of years |
24 |
| calculated in paragraph (1) of this subsection (d) at |
25 |
| the optional elementary unit district's original |
26 |
| effective date, starting in the second year after the |
27 |
| effective date of the elementary opt-in. |
28 |
| (D) If the effective date for the elementary opt-in |
29 |
| is 4 years after the effective date for the optional |
30 |
| elementary unit district, 25% of the amount calculated |
31 |
| in this paragraph (2) shall be paid to the optional |
32 |
| elementary unit district for the number of years |
33 |
| calculated in paragraph (1) of this subsection (d) at |
34 |
| the optional elementary unit district's original |
35 |
| effective date, starting in the second year after the |
36 |
| effective date of the elementary opt-in. |
|
|
|
SB2795 Engrossed |
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|
|
1 |
| (E) If the effective date for the elementary opt-in |
2 |
| is 5 years after the effective date for the optional |
3 |
| elementary unit district, the optional elementary unit |
4 |
| district is not eligible for any additional incentives |
5 |
| due to the elementary opt-in. |
6 |
| (3) The supplementary State aid reimbursement payable |
7 |
| under this subsection (d) shall be separate from and in |
8 |
| addition to all other payments made to the district |
9 |
| pursuant to any other Section of this Article. |
10 |
| (4) During May of each school year for which a |
11 |
| supplementary State aid reimbursement is to be paid to a |
12 |
| new or annexing school district pursuant to this subsection |
13 |
| (d), the school board shall certify to the State Board of |
14 |
| Education, on forms furnished to the school board by the |
15 |
| State Board of Education for purposes of this subsection |
16 |
| (d), the number of certified employees for which the |
17 |
| district is entitled to reimbursement under this Section, |
18 |
| together with the names, certificate numbers, and |
19 |
| positions held by the certified employees. |
20 |
| (5) Upon certification by the State Board of Education |
21 |
| to the State Comptroller of the amount of the supplementary |
22 |
| State aid reimbursement to which a school district is |
23 |
| entitled under this subsection (d), the State Comptroller |
24 |
| shall draw his or her warrant upon the State Treasurer for |
25 |
| the payment thereof to the school district and shall |
26 |
| promptly transmit the payment to the school district |
27 |
| through the appropriate school treasurer.
|
28 |
| (105 ILCS 5/17-2) (from Ch. 122, par. 17-2)
|
29 |
| Sec. 17-2. Tax levies; purposes; rates.
|
30 |
| (a) Except as otherwise provided in
Articles 12 and 13 of |
31 |
| this Act, the following maximum rates shall apply to all
taxes |
32 |
| levied after August 10, 1965, in districts having a population |
33 |
| of less
than 500,000 inhabitants, including those districts |
34 |
| organized under Article 11
of the School Code. The school board |
35 |
| of any district having a population of
less than 500,000 |
|
|
|
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|
|
1 |
| inhabitants may levy a tax annually, at not to exceed the
|
2 |
| maximum rates and for the specified purposes, upon all the |
3 |
| taxable property of
the district at the value, as equalized or |
4 |
| assessed by the Department of
Revenue as follows:
|
5 |
| (1) districts maintaining only grades 1 through 8, .92% |
6 |
| for educational
purposes and .25% for operations and |
7 |
| maintenance purposes;
|
8 |
| (2) districts maintaining only grades 9 through 12, |
9 |
| .92% for
educational purposes and .25% for operations and |
10 |
| maintenance purposes;
|
11 |
| (3) districts maintaining grades 1 through 12, 1.63% |
12 |
| for the 1985-86
school year, 1.68% for the 1986-87 school |
13 |
| year, 1.75% for the 1987-88
school year and 1.84% for the |
14 |
| 1988-89 school year and thereafter for
educational |
15 |
| purposes and .405% for the 1989-90 school year, .435% for |
16 |
| the
1990-91 school year, .465% for the 1991-92 school year, |
17 |
| and .50% for the
1992-93 school year and thereafter for |
18 |
| operations and maintenance purposes;
|
19 |
| (4) all districts, 0.75% for capital improvement |
20 |
| purposes (which is in
addition to the levy for operations |
21 |
| and maintenance purposes), which tax is to
be
levied, |
22 |
| accumulated for not more than 6 years, and spent for |
23 |
| capital
improvement purposes (including but not limited to |
24 |
| the construction of a new
school building or buildings or |
25 |
| the purchase of school grounds on which any new
school |
26 |
| building is to be constructed or located, or both) only in |
27 |
| accordance
with Section 17-2.3 of this Act;
|
28 |
| (5) districts maintaining only grades 1 through 8, .12% |
29 |
| for
transportation purposes, provided that districts |
30 |
| maintaining only grades
kindergarten through 8 which have |
31 |
| an enrollment of at least 2600 students
may levy, subject |
32 |
| to Section 17-2.2, at not to exceed a maximum rate of
.20% |
33 |
| for transportation purposes for any school year in which |
34 |
| the number of
students requiring transportation in the |
35 |
| district exceeds by at least 2%
the number of students |
36 |
| requiring transportation in the district during the
|
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| preceding school year, as verified in the district's claim |
2 |
| for pupil
transportation and reimbursement and as |
3 |
| certified by the State Board of
Education to the county |
4 |
| clerk of the county in which such district is
located not |
5 |
| later than November 15 following the submission of such |
6 |
| claim;
districts maintaining only grades 9 through 12, .12% |
7 |
| for transportation
purposes; and districts maintaining |
8 |
| grades 1 through 12, .14% for the
1985-86 school year, .16% |
9 |
| for the 1986-87 school year, .18% for the 1987-88
school |
10 |
| year and .20% for the 1988-89 school year and thereafter, |
11 |
| for
transportation purposes;
|
12 |
| (6) districts providing summer classes, .15% for |
13 |
| educational
purposes, subject to Section 17-2.1 of this |
14 |
| Act.
|
15 |
| Whenever any special charter school district operating |
16 |
| grades 1
through 12, has organized or shall organize under the |
17 |
| general school
law, the district so organized may continue to |
18 |
| levy taxes at not to
exceed the rate at which taxes were last |
19 |
| actually extended by the
special charter district, except that |
20 |
| if such rate at which taxes were
last actually extended by such |
21 |
| special charter district was less than
the maximum rate for |
22 |
| districts maintaining grades 1 through 12
authorized under this |
23 |
| Section, such special charter district
nevertheless may levy |
24 |
| taxes at a rate not to exceed the maximum rate for
districts |
25 |
| maintaining grades 1 through 12 authorized under this Section,
|
26 |
| and except that if any such district maintains only grades 1 |
27 |
| through 8,
the board may levy, for educational purposes, at a |
28 |
| rate not to exceed
the maximum rate for elementary districts |
29 |
| authorized under this Section.
|
30 |
| Maximum rates before or after established in excess of |
31 |
| those
prescribed shall not be affected by the amendatory Act of |
32 |
| 1965.
|
33 |
| (b) Notwithstanding the rate limitations prescribed in |
34 |
| subsection (a) of this Section, whenever a new unit school |
35 |
| district, other than a partial elementary unit district, is |
36 |
| created from any combination of elementary and high school |
|
|
|
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|
1 |
| districts, the school board of the new unit district may levy |
2 |
| taxes at a maximum rate for educational, operations and |
3 |
| maintenance, and capital improvement purposes as follows, |
4 |
| provided that the rates are specified in the petition to form |
5 |
| the new unit district: |
6 |
| (1) The school board may levy taxes at a maximum rate |
7 |
| for educational purposes determined by combining a rate not |
8 |
| to exceed the highest rate for that purpose extended by any |
9 |
| of the elementary districts included in the petition in the |
10 |
| year immediately preceding the creation of the new district |
11 |
| and a rate not to exceed the highest rate for that purpose |
12 |
| extended by any of the high school districts included in |
13 |
| the petition in the year immediately preceding the creation |
14 |
| of the new district. |
15 |
| (2) The school board may levy taxes at a rate for |
16 |
| operations and maintenance purposes determined by |
17 |
| combining a rate not to exceed the highest rate for that |
18 |
| purpose extended by any of the elementary districts |
19 |
| included in the petition in the year immediately preceding |
20 |
| the creation of the new district and a rate not to exceed |
21 |
| the highest rate for that purpose extended by any of the |
22 |
| high school districts included in the petition in the year |
23 |
| immediately preceding the creation of the new district. |
24 |
| (3) The school board may levy taxes at a rate for |
25 |
| capital improvement purposes at a rate not to exceed 1.5%. |
26 |
| (4) If any resulting combined elementary and high |
27 |
| school rate authorized pursuant to this subsection (b) is |
28 |
| less than the maximum rate otherwise applicable to unit |
29 |
| districts as specified elsewhere in statute, then the rate |
30 |
| may be specified in the petition and on the ballot at a |
31 |
| rate not exceeding the maximum rate applicable to unit |
32 |
| districts as specified elsewhere in statute. |
33 |
| (5) The aggregate of all rates specified in the |
34 |
| petition and on the ballot, excluding rates for bond and |
35 |
| interest levies, shall not exceed the highest dual district |
36 |
| rate, excluding rates for bond and interest levies, |
|
|
|
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|
1 |
| applicable to any territory within the high school district |
2 |
| included in the petition in the year immediately preceding |
3 |
| the creation of the new district. |
4 |
| (c)(1) If a unit school district's maximum authorized rate |
5 |
| for educational purposes determined in accordance with |
6 |
| subsection (b) of this Section exceeds 4.0%, then, beginning |
7 |
| with the third year of operation of the new unit district and |
8 |
| in each subsequent year, the rate shall be reduced by 0.10% or |
9 |
| reduced to 4.0%, whichever is less. |
10 |
| (2) If a unit district's maximum authorized rate for |
11 |
| operations and maintenance purposes determined in |
12 |
| accordance with subsection (b) of this Section exceeds |
13 |
| 0.75%, then, beginning with the third year of operation of |
14 |
| the new unit district and in each subsequent year, the rate |
15 |
| shall be reduced by 0.04% or reduced to 0.75%, whichever is |
16 |
| less. |
17 |
| (3) If a unit district's maximum authorized rate for |
18 |
| capital improvement purposes determined in accordance with |
19 |
| subsection (b) of this Section exceeds 0.75%, then, |
20 |
| beginning with the seventh year of operation of the new |
21 |
| unit district, the rate shall be reduced to 0.75%. |
22 |
| Thereafter, the maximum authorized rate for capital |
23 |
| improvement purposes shall be 0.75%. |
24 |
| (d) The school board of a unit school district may, by |
25 |
| proper resolution, cause to be submitted to the voters of the |
26 |
| district, at any regular scheduled election following the |
27 |
| formation of the district, a proposition to maintain, for a |
28 |
| period not to exceed 2 years, any rate determined pursuant to |
29 |
| subdivisions (1) or (2) of subsection (b) of this Section, |
30 |
| without any decrease required by subsection (c) of this |
31 |
| Section. If a majority of the votes cast on the proposition is |
32 |
| in favor thereof, the school board may thereafter, until such |
33 |
| authority is revoked in like manner or expires without renewal, |
34 |
| levy annually a tax as authorized. |
35 |
| (e) In a combined school district formation involving one |
36 |
| or more partial elementary unit districts and one or more unit |
|
|
|
SB2795 Engrossed |
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|
1 |
| districts that are not partial elementary unit districts, the |
2 |
| new district may levy taxes at a maximum rate for a particular |
3 |
| purpose that does not exceed the higher of the rate for that |
4 |
| purpose of any partial elementary unit district involved in the |
5 |
| combination in the year preceding the formation of the new |
6 |
| district or the maximum rate for that purpose applicable to |
7 |
| unit districts as specified elsewhere in statute.
|
8 |
| (Source: P.A. 87-984; 87-1023; 88-45.)
|
9 |
| (105 ILCS 5/17-3) (from Ch. 122, par. 17-3)
|
10 |
| Sec. 17-3. Additional levies-Submission to voters. The |
11 |
| school board in any district having a population of less than
|
12 |
| 500,000 inhabitants may, by proper resolution, cause a |
13 |
| proposition to
increase, for a limited period of not less than |
14 |
| 3 nor more than 10 years or
for an unlimited period, the
annual |
15 |
| tax rate for educational purposes to be submitted to
the voters |
16 |
| of such district at a regular scheduled election as
follows:
|
17 |
| (1) in districts maintaining grades 1 through 8, or |
18 |
| grades 9 through
12, the maximum rate for educational |
19 |
| purposes shall not exceed 3.5% of the
value as equalized or |
20 |
| assessed by the Department of Revenue;
|
21 |
| (2) in districts maintaining grades 1 through 12 the |
22 |
| maximum rate
for educational purposes shall not exceed |
23 |
| 4.00% of the value as equalized or assessed by the |
24 |
| Department of Revenue .
except that if a single
elementary |
25 |
| district and a secondary district having boundaries that |
26 |
| are
coterminous form a community
unit district
on or after |
27 |
| the effective date of this amendatory Act of the 94th |
28 |
| General Assembly and the actual combined rate of the |
29 |
| elementary district and secondary district prior to the |
30 |
| formation of the community unit district is greater than |
31 |
| 4.00%, then the maximum rate for educational
purposes
for |
32 |
| such district shall be the following:
|
33 |
| (A) For 2 years following the formation of the |
34 |
| community unit district, the maximum rate shall equal |
35 |
| the actual combined rate of the previous elementary |
|
|
|
SB2795 Engrossed |
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|
1 |
| district and secondary district.
|
2 |
| (B) In each subsequent year, the maximum rate shall |
3 |
| be reduced by 0.10% or reduced to 4.00%, whichever |
4 |
| reduction is less. The school board may, by proper |
5 |
| resolution, cause a proposition to increase the |
6 |
| reduced rate, not to exceed the maximum rate in clause |
7 |
| (A), to be submitted to the voters of the district at a |
8 |
| regular scheduled election as provided under this |
9 |
| Section. Nothing in this Section shall require that the |
10 |
| maximum rate for educational purpose for a district |
11 |
| maintaining grades one through 12 be reduced below |
12 |
| 4.00%.
|
13 |
| If the resolution of the school board seeks to increase the |
14 |
| annual tax rate
for educational purposes for a limited period |
15 |
| of not less than 3 nor more than
10 years, the proposition |
16 |
| shall
so state and shall identify the years for which the tax |
17 |
| increase is sought.
|
18 |
| If
a majority of the votes cast on the proposition is in |
19 |
| favor
thereof at an election for which the election authorities |
20 |
| have given notice
either (i) in accordance with Section 12-5 of |
21 |
| the Election Code or (ii) by
publication of a true and legible |
22 |
| copy of the specimen ballot label containing
the proposition in |
23 |
| the form in which it appeared or will appear on the official
|
24 |
| ballot label on the day of the election at least 5 days before |
25 |
| the day of the
election in at least one newspaper published in |
26 |
| and having a general
circulation in the district, the school |
27 |
| board may thereafter, until such
authority is
revoked in like |
28 |
| manner, levy annually the tax so authorized; provided that if
|
29 |
| the proposition as approved limits the increase in the annual |
30 |
| tax rate of the
district for educational purposes to a period |
31 |
| of not less than 3 nor more than
10 years, the district may,
|
32 |
| unless such authority is sooner revoked in like manner, levy |
33 |
| annually the tax
so authorized for the limited number of years |
34 |
| approved by a majority of the
votes cast on
the proposition. |
35 |
| Upon expiration of that limited period, the rate at which the
|
36 |
| district may annually levy
its tax for educational purposes |
|
|
|
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|
1 |
| shall be the rate provided under Section 17-2,
or the rate at |
2 |
| which the district last levied its tax for educational purposes
|
3 |
| prior to approval of the proposition authorizing the levy of |
4 |
| that tax at an
increased rate, whichever is greater.
|
5 |
| The school board shall certify the proposition to the |
6 |
| proper election
authorities
in accordance with the general |
7 |
| election law.
|
8 |
| The provisions of this Section concerning notice of the tax |
9 |
| rate increase
referendum apply only to consolidated primary |
10 |
| elections held prior to January
1, 2002 at which not less than
|
11 |
| 55% of the voters voting on the tax rate increase proposition |
12 |
| voted in favor
of the
tax rate increase proposition.
|
13 |
| (Source: P.A. 94-52, eff. 6-17-05.)
|
14 |
| (105 ILCS 5/17-5) (from Ch. 122, par. 17-5)
|
15 |
| Sec. 17-5. Increase tax rates for operations and |
16 |
| maintenance purposes-
Maximum. The school board in any district |
17 |
| having a population of less than
500,000 inhabitants may, by |
18 |
| proper resolution, cause a proposition to
increase the annual |
19 |
| tax rate for operations and maintenance purposes to be
|
20 |
| submitted to the voters of the district at a regular scheduled |
21 |
| election.
The board shall certify the proposition to the proper |
22 |
| election authority
for submission to the elector in accordance |
23 |
| with the general election law.
In districts maintaining grades |
24 |
| 1 through 8,
or grades 9 through 12, the maximum rate for |
25 |
| operations and
maintenance purposes shall not exceed .55%; and |
26 |
| in districts maintaining
grades 1 through 12, the maximum rates |
27 |
| for operations and
maintenance purposes shall not exceed .75% , |
28 |
| except that if a single elementary
district and a secondary |
29 |
| district having boundaries that are coterminous
on the |
30 |
| effective date of this amendatory Act form a community unit |
31 |
| district
as authorized under Section 11-6, the maximum rate for |
32 |
| operation
and maintenance purposes for such district shall not |
33 |
| exceed 1.10% of the
value as equalized or assessed by the |
34 |
| Department of Revenue; and in such
district maintaining grades |
35 |
| 1 through 12, funds may, subject to the
provisions of Section |
|
|
|
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|
|
1 |
| 17-5.1 accumulate to not more than 5% of the
equalized assessed |
2 |
| valuation of the district. No such accumulation shall
ever be |
3 |
| transferred or used for any other purpose . If a majority of the
|
4 |
| votes cast on the proposition is in favor thereof, the school |
5 |
| board may
thereafter, until such authority is revoked in like |
6 |
| manner, levy annually a
tax as authorized.
|
7 |
| (Source: P.A. 86-1334.)
|
8 |
| (105 ILCS 5/18-8.05)
|
9 |
| Sec. 18-8.05. Basis for apportionment of general State |
10 |
| financial aid and
supplemental general State aid to the common |
11 |
| schools for the 1998-1999 and
subsequent school years.
|
12 |
| (A) General Provisions.
|
13 |
| (1) The provisions of this Section apply to the 1998-1999 |
14 |
| and subsequent
school years. The system of general State |
15 |
| financial aid provided for in this
Section
is designed to |
16 |
| assure that, through a combination of State financial aid and
|
17 |
| required local resources, the financial support provided each |
18 |
| pupil in Average
Daily Attendance equals or exceeds a
|
19 |
| prescribed per pupil Foundation Level. This formula approach |
20 |
| imputes a level
of per pupil Available Local Resources and |
21 |
| provides for the basis to calculate
a per pupil level of |
22 |
| general State financial aid that, when added to Available
Local |
23 |
| Resources, equals or exceeds the Foundation Level. The
amount |
24 |
| of per pupil general State financial aid for school districts, |
25 |
| in
general, varies in inverse
relation to Available Local |
26 |
| Resources. Per pupil amounts are based upon
each school |
27 |
| district's Average Daily Attendance as that term is defined in |
28 |
| this
Section.
|
29 |
| (2) In addition to general State financial aid, school |
30 |
| districts with
specified levels or concentrations of pupils |
31 |
| from low income households are
eligible to receive supplemental |
32 |
| general State financial aid grants as provided
pursuant to |
33 |
| subsection (H).
The supplemental State aid grants provided for |
34 |
| school districts under
subsection (H) shall be appropriated for |
|
|
|
SB2795 Engrossed |
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|
|
1 |
| distribution to school districts as
part of the same line item |
2 |
| in which the general State financial aid of school
districts is |
3 |
| appropriated under this Section.
|
4 |
| (3) To receive financial assistance under this Section, |
5 |
| school districts
are required to file claims with the State |
6 |
| Board of Education, subject to the
following requirements:
|
7 |
| (a) Any school district which fails for any given |
8 |
| school year to maintain
school as required by law, or to |
9 |
| maintain a recognized school is not
eligible to file for |
10 |
| such school year any claim upon the Common School
Fund. In |
11 |
| case of nonrecognition of one or more attendance centers in |
12 |
| a
school district otherwise operating recognized schools, |
13 |
| the claim of the
district shall be reduced in the |
14 |
| proportion which the Average Daily
Attendance in the |
15 |
| attendance center or centers bear to the Average Daily
|
16 |
| Attendance in the school district. A "recognized school" |
17 |
| means any
public school which meets the standards as |
18 |
| established for recognition
by the State Board of |
19 |
| Education. A school district or attendance center
not |
20 |
| having recognition status at the end of a school term is |
21 |
| entitled to
receive State aid payments due upon a legal |
22 |
| claim which was filed while
it was recognized.
|
23 |
| (b) School district claims filed under this Section are |
24 |
| subject to
Sections 18-9, 18-10, and 18-12, except as |
25 |
| otherwise provided in this
Section.
|
26 |
| (c) If a school district operates a full year school |
27 |
| under Section
10-19.1, the general State aid to the school |
28 |
| district shall be determined
by the State Board of |
29 |
| Education in accordance with this Section as near as
may be |
30 |
| applicable.
|
31 |
| (d) (Blank).
|
32 |
| (4) Except as provided in subsections (H) and (L), the |
33 |
| board of any district
receiving any of the grants provided for |
34 |
| in this Section may apply those funds
to any fund so received |
35 |
| for which that board is authorized to make expenditures
by law.
|
36 |
| School districts are not required to exert a minimum |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| Operating Tax Rate in
order to qualify for assistance under |
2 |
| this Section.
|
3 |
| (5) As used in this Section the following terms, when |
4 |
| capitalized, shall
have the meaning ascribed herein:
|
5 |
| (a) "Average Daily Attendance": A count of pupil |
6 |
| attendance in school,
averaged as provided for in |
7 |
| subsection (C) and utilized in deriving per pupil
financial |
8 |
| support levels.
|
9 |
| (b) "Available Local Resources": A computation of |
10 |
| local financial
support, calculated on the basis of Average |
11 |
| Daily Attendance and derived as
provided pursuant to |
12 |
| subsection (D).
|
13 |
| (c) "Corporate Personal Property Replacement Taxes": |
14 |
| Funds paid to local
school districts pursuant to "An Act in |
15 |
| relation to the abolition of ad valorem
personal property |
16 |
| tax and the replacement of revenues lost thereby, and
|
17 |
| amending and repealing certain Acts and parts of Acts in |
18 |
| connection therewith",
certified August 14, 1979, as |
19 |
| amended (Public Act 81-1st S.S.-1).
|
20 |
| (d) "Foundation Level": A prescribed level of per pupil |
21 |
| financial support
as provided for in subsection (B).
|
22 |
| (e) "Operating Tax Rate": All school district property |
23 |
| taxes extended for
all purposes, except Bond and
Interest, |
24 |
| Summer School, Rent, Capital Improvement, and Vocational |
25 |
| Education
Building purposes.
|
26 |
| (B) Foundation Level.
|
27 |
| (1) The Foundation Level is a figure established by the |
28 |
| State representing
the minimum level of per pupil financial |
29 |
| support that should be available to
provide for the basic |
30 |
| education of each pupil in
Average Daily Attendance. As set |
31 |
| forth in this Section, each school district
is assumed to exert
|
32 |
| a sufficient local taxing effort such that, in combination with |
33 |
| the aggregate
of general State
financial aid provided the |
34 |
| district, an aggregate of State and local resources
are |
35 |
| available to meet
the basic education needs of pupils in the |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| district.
|
2 |
| (2) For the 1998-1999 school year, the Foundation Level of |
3 |
| support is
$4,225. For the 1999-2000 school year, the |
4 |
| Foundation Level of support is
$4,325. For the 2000-2001 school |
5 |
| year, the Foundation Level of support is
$4,425. For the |
6 |
| 2001-2002 school year and 2002-2003 school year, the
Foundation |
7 |
| Level of support is $4,560. For the 2003-2004 school year, the |
8 |
| Foundation Level of support is $4,810. For the 2004-2005 school |
9 |
| year, the Foundation Level of support is $4,964.
|
10 |
| (3) For the 2005-2006 school year and each school year |
11 |
| thereafter,
the Foundation Level of support is $5,164 or such |
12 |
| greater amount as
may be established by law by the General |
13 |
| Assembly.
|
14 |
| (C) Average Daily Attendance.
|
15 |
| (1) For purposes of calculating general State aid pursuant |
16 |
| to subsection
(E), an Average Daily Attendance figure shall be |
17 |
| utilized. The Average Daily
Attendance figure for formula
|
18 |
| calculation purposes shall be the monthly average of the actual |
19 |
| number of
pupils in attendance of
each school district, as |
20 |
| further averaged for the best 3 months of pupil
attendance for |
21 |
| each
school district. In compiling the figures for the number |
22 |
| of pupils in
attendance, school districts
and the State Board |
23 |
| of Education shall, for purposes of general State aid
funding, |
24 |
| conform
attendance figures to the requirements of subsection |
25 |
| (F).
|
26 |
| (2) The Average Daily Attendance figures utilized in |
27 |
| subsection (E) shall be
the requisite attendance data for the |
28 |
| school year immediately preceding
the
school year for which |
29 |
| general State aid is being calculated
or the average of the |
30 |
| attendance data for the 3 preceding school
years, whichever is |
31 |
| greater. The Average Daily Attendance figures
utilized in |
32 |
| subsection (H) shall be the requisite attendance data for the
|
33 |
| school year immediately preceding the school year for which |
34 |
| general
State aid is being calculated.
|
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| (D) Available Local Resources.
|
2 |
| (1) For purposes of calculating general State aid pursuant |
3 |
| to subsection
(E), a representation of Available Local |
4 |
| Resources per pupil, as that term is
defined and determined in |
5 |
| this subsection, shall be utilized. Available Local
Resources |
6 |
| per pupil shall include a calculated
dollar amount representing |
7 |
| local school district revenues from local property
taxes and |
8 |
| from
Corporate Personal Property Replacement Taxes, expressed |
9 |
| on the basis of pupils
in Average
Daily Attendance. Calculation |
10 |
| of Available Local Resources shall exclude any tax amnesty |
11 |
| funds received as a result of Public Act 93-26.
|
12 |
| (2) In determining a school district's revenue from local |
13 |
| property taxes,
the State Board of Education shall utilize the |
14 |
| equalized assessed valuation of
all taxable property of each |
15 |
| school
district as of September 30 of the previous year. The |
16 |
| equalized assessed
valuation utilized shall
be obtained and |
17 |
| determined as provided in subsection (G).
|
18 |
| (3) For school districts maintaining grades kindergarten |
19 |
| through 12, local
property tax
revenues per pupil shall be |
20 |
| calculated as the product of the applicable
equalized assessed
|
21 |
| valuation for the district multiplied by 3.00%, and divided by |
22 |
| the district's
Average Daily
Attendance figure. For school |
23 |
| districts maintaining grades kindergarten
through 8, local
|
24 |
| property tax revenues per pupil shall be calculated as the |
25 |
| product of the
applicable equalized
assessed valuation for the |
26 |
| district multiplied by 2.30%, and divided by the
district's |
27 |
| Average
Daily Attendance figure. For school districts |
28 |
| maintaining grades 9 through 12,
local property
tax revenues |
29 |
| per pupil shall be the applicable equalized assessed valuation |
30 |
| of
the district
multiplied by 1.05%, and divided by the |
31 |
| district's Average Daily
Attendance
figure.
|
32 |
| For partial elementary unit districts created pursuant to |
33 |
| Article 11E of this Code, local property tax revenues per pupil |
34 |
| shall be calculated as the product of the equalized assessed |
35 |
| valuation for property within the elementary and high school |
36 |
| classification of the partial elementary unit district |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| multiplied by 2.06% and divided by the Average Daily Attendance |
2 |
| figure for grades kindergarten through 8, plus the product of |
3 |
| the equalized assessed valuation for property within the high |
4 |
| school only classification of the partial elementary unit |
5 |
| district multiplied by 0.94% and divided by the Average Daily |
6 |
| Attendance figure for grades 9 through 12.
|
7 |
| (4) The Corporate Personal Property Replacement Taxes paid |
8 |
| to each school
district during the calendar year 2 years before |
9 |
| the calendar year in which a
school year begins, divided by the |
10 |
| Average Daily Attendance figure for that
district, shall be |
11 |
| added to the local property tax revenues per pupil as
derived |
12 |
| by the application of the immediately preceding paragraph (3). |
13 |
| The sum
of these per pupil figures for each school district |
14 |
| shall constitute Available
Local Resources as that term is |
15 |
| utilized in subsection (E) in the calculation
of general State |
16 |
| aid.
|
17 |
| (E) Computation of General State Aid.
|
18 |
| (1) For each school year, the amount of general State aid |
19 |
| allotted to a
school district shall be computed by the State |
20 |
| Board of Education as provided
in this subsection.
|
21 |
| (2) For any school district for which Available Local |
22 |
| Resources per pupil
is less than the product of 0.93 times the |
23 |
| Foundation Level, general State aid
for that district shall be |
24 |
| calculated as an amount equal to the Foundation
Level minus |
25 |
| Available Local Resources, multiplied by the Average Daily
|
26 |
| Attendance of the school district.
|
27 |
| (3) For any school district for which Available Local |
28 |
| Resources per pupil
is equal to or greater than the product of |
29 |
| 0.93 times the Foundation Level and
less than the product of |
30 |
| 1.75 times the Foundation Level, the general State aid
per |
31 |
| pupil shall be a decimal proportion of the Foundation Level |
32 |
| derived using a
linear algorithm. Under this linear algorithm, |
33 |
| the calculated general State
aid per pupil shall decline in |
34 |
| direct linear fashion from 0.07 times the
Foundation Level for |
35 |
| a school district with Available Local Resources equal to
the |
|
|
|
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|
|
1 |
| product of 0.93 times the Foundation Level, to 0.05 times the |
2 |
| Foundation
Level for a school district with Available Local |
3 |
| Resources equal to the product
of 1.75 times the Foundation |
4 |
| Level. The allocation of general
State aid for school districts |
5 |
| subject to this paragraph 3 shall be the
calculated general |
6 |
| State aid
per pupil figure multiplied by the Average Daily |
7 |
| Attendance of the school
district.
|
8 |
| (4) For any school district for which Available Local |
9 |
| Resources per pupil
equals or exceeds the product of 1.75 times |
10 |
| the Foundation Level, the general
State aid for the school |
11 |
| district shall be calculated as the product of $218
multiplied |
12 |
| by the Average Daily Attendance of the school
district.
|
13 |
| (5) The amount of general State aid allocated to a school |
14 |
| district for
the 1999-2000 school year meeting the requirements |
15 |
| set forth in paragraph (4)
of subsection
(G) shall be increased |
16 |
| by an amount equal to the general State aid that
would have |
17 |
| been received by the district for the 1998-1999 school year by
|
18 |
| utilizing the Extension Limitation Equalized Assessed |
19 |
| Valuation as calculated
in paragraph (4) of subsection (G) less |
20 |
| the general State aid allotted for the
1998-1999
school year. |
21 |
| This amount shall be deemed a one time increase, and shall not
|
22 |
| affect any future general State aid allocations.
|
23 |
| (F) Compilation of Average Daily Attendance.
|
24 |
| (1) Each school district shall, by July 1 of each year, |
25 |
| submit to the State
Board of Education, on forms prescribed by |
26 |
| the State Board of Education,
attendance figures for the school |
27 |
| year that began in the preceding calendar
year. The attendance |
28 |
| information so transmitted shall identify the average
daily |
29 |
| attendance figures for each month of the school year. Beginning |
30 |
| with
the general State aid claim form for the 2002-2003 school
|
31 |
| year, districts shall calculate Average Daily Attendance as |
32 |
| provided in
subdivisions (a), (b), and (c) of this paragraph |
33 |
| (1).
|
34 |
| (a) In districts that do not hold year-round classes,
|
35 |
| days of attendance in August shall be added to the month of |
|
|
|
SB2795 Engrossed |
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|
1 |
| September and any
days of attendance in June shall be added |
2 |
| to the month of May.
|
3 |
| (b) In districts in which all buildings hold year-round |
4 |
| classes,
days of attendance in July and August shall be |
5 |
| added to the month
of September and any days of attendance |
6 |
| in June shall be added to
the month of May.
|
7 |
| (c) In districts in which some buildings, but not all, |
8 |
| hold
year-round classes, for the non-year-round buildings, |
9 |
| days of
attendance in August shall be added to the month of |
10 |
| September
and any days of attendance in June shall be added |
11 |
| to the month of
May. The average daily attendance for the |
12 |
| year-round buildings
shall be computed as provided in |
13 |
| subdivision (b) of this paragraph
(1). To calculate the |
14 |
| Average Daily Attendance for the district, the
average |
15 |
| daily attendance for the year-round buildings shall be
|
16 |
| multiplied by the days in session for the non-year-round |
17 |
| buildings
for each month and added to the monthly |
18 |
| attendance of the
non-year-round buildings.
|
19 |
| Except as otherwise provided in this Section, days of
|
20 |
| attendance by pupils shall be counted only for sessions of not |
21 |
| less than
5 clock hours of school work per day under direct |
22 |
| supervision of: (i)
teachers, or (ii) non-teaching personnel or |
23 |
| volunteer personnel when engaging
in non-teaching duties and |
24 |
| supervising in those instances specified in
subsection (a) of |
25 |
| Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils |
26 |
| of legal school age and in kindergarten and grades 1 through |
27 |
| 12.
|
28 |
| Days of attendance by tuition pupils shall be accredited |
29 |
| only to the
districts that pay the tuition to a recognized |
30 |
| school.
|
31 |
| (2) Days of attendance by pupils of less than 5 clock hours |
32 |
| of school
shall be subject to the following provisions in the |
33 |
| compilation of Average
Daily Attendance.
|
34 |
| (a) Pupils regularly enrolled in a public school for |
35 |
| only a part of
the school day may be counted on the basis |
36 |
| of 1/6 day for every class hour
of instruction of 40 |
|
|
|
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|
|
1 |
| minutes or more attended pursuant to such enrollment,
|
2 |
| unless a pupil is
enrolled in a block-schedule format of 80 |
3 |
| minutes or more of instruction,
in which case the pupil may |
4 |
| be counted on the basis of the proportion of
minutes of |
5 |
| school work completed each day to the minimum number of
|
6 |
| minutes that school work is required to be held that day.
|
7 |
| (b) Days of attendance may be less than 5 clock hours |
8 |
| on the opening
and closing of the school term, and upon the |
9 |
| first day of pupil
attendance, if preceded by a day or days |
10 |
| utilized as an institute or
teachers' workshop.
|
11 |
| (c) A session of 4 or more clock hours may be counted |
12 |
| as a day of
attendance upon certification by the regional |
13 |
| superintendent, and
approved by the State Superintendent |
14 |
| of Education to the extent that the
district has been |
15 |
| forced to use daily multiple sessions.
|
16 |
| (d) A session of 3 or more clock hours may be counted |
17 |
| as a day of
attendance (1) when the remainder of the school |
18 |
| day or at least
2 hours in the evening of that day is |
19 |
| utilized for an
in-service training program for teachers, |
20 |
| up to a maximum of 5 days per
school year of which a |
21 |
| maximum of 4 days of such 5 days may be used for
|
22 |
| parent-teacher conferences, provided a district conducts |
23 |
| an in-service
training program for teachers which has been |
24 |
| approved by the State
Superintendent of Education; or, in |
25 |
| lieu of 4 such days, 2 full days may
be used, in which |
26 |
| event each such day
may be counted as a day of attendance; |
27 |
| and (2) when days in
addition to
those provided in item (1) |
28 |
| are scheduled by a school pursuant to its school
|
29 |
| improvement plan adopted under Article 34 or its revised or |
30 |
| amended school
improvement plan adopted under Article 2, |
31 |
| provided that (i) such sessions of
3 or more clock hours |
32 |
| are scheduled to occur at regular intervals, (ii) the
|
33 |
| remainder of the school days in which such sessions occur |
34 |
| are utilized
for in-service training programs or other |
35 |
| staff development activities for
teachers, and (iii) a |
36 |
| sufficient number of minutes of school work under the
|
|
|
|
SB2795 Engrossed |
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|
1 |
| direct supervision of teachers are added to the school days |
2 |
| between such
regularly scheduled sessions to accumulate |
3 |
| not less than the number of minutes
by which such sessions |
4 |
| of 3 or more clock hours fall short of 5 clock hours.
Any |
5 |
| full days used for the purposes of this paragraph shall not |
6 |
| be considered
for
computing average daily attendance. Days |
7 |
| scheduled for in-service training
programs, staff |
8 |
| development activities, or parent-teacher conferences may |
9 |
| be
scheduled separately for different
grade levels and |
10 |
| different attendance centers of the district.
|
11 |
| (e) A session of not less than one clock hour of |
12 |
| teaching
hospitalized or homebound pupils on-site or by |
13 |
| telephone to the classroom may
be counted as 1/2 day of |
14 |
| attendance, however these pupils must receive 4 or
more |
15 |
| clock hours of instruction to be counted for a full day of |
16 |
| attendance.
|
17 |
| (f) A session of at least 4 clock hours may be counted |
18 |
| as a day of
attendance for first grade pupils, and pupils |
19 |
| in full day kindergartens,
and a session of 2 or more hours |
20 |
| may be counted as 1/2 day of attendance by
pupils in |
21 |
| kindergartens which provide only 1/2 day of attendance.
|
22 |
| (g) For children with disabilities who are below the |
23 |
| age of 6 years and
who
cannot attend 2 or more clock hours |
24 |
| because of their disability or
immaturity, a session of not |
25 |
| less than one clock hour may be counted as 1/2 day
of |
26 |
| attendance; however for such children whose educational |
27 |
| needs so require
a session of 4 or more clock hours may be |
28 |
| counted as a full day of attendance.
|
29 |
| (h) A recognized kindergarten which provides for only |
30 |
| 1/2 day of
attendance by each pupil shall not have more |
31 |
| than 1/2 day of attendance
counted in any one day. However, |
32 |
| kindergartens may count 2 1/2 days
of
attendance in any 5 |
33 |
| consecutive school days. When a pupil attends such a
|
34 |
| kindergarten for 2 half days on any one school day, the |
35 |
| pupil shall have
the following day as a day absent from |
36 |
| school, unless the school district
obtains permission in |
|
|
|
SB2795 Engrossed |
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|
|
1 |
| writing from the State Superintendent of Education.
|
2 |
| Attendance at kindergartens which provide for a full day of |
3 |
| attendance by
each pupil shall be counted the same as |
4 |
| attendance by first grade pupils.
Only the first year of |
5 |
| attendance in one kindergarten shall be counted,
except in |
6 |
| case of children who entered the kindergarten in their |
7 |
| fifth year
whose educational development requires a second |
8 |
| year of kindergarten as
determined under the rules and |
9 |
| regulations of the State Board of Education.
|
10 |
| (i) On the days when the Prairie State Achievement |
11 |
| Examination is
administered under subsection (c) of |
12 |
| Section 2-3.64 of this Code, the day
of attendance for a |
13 |
| pupil whose school
day must be shortened to accommodate |
14 |
| required testing procedures may
be less than 5 clock hours |
15 |
| and shall be counted towards the 176 days of actual pupil |
16 |
| attendance required under Section 10-19 of this Code, |
17 |
| provided that a sufficient number of minutes
of school work |
18 |
| in excess of 5 clock hours are first completed on other |
19 |
| school
days to compensate for the loss of school work on |
20 |
| the examination days.
|
21 |
| (G) Equalized Assessed Valuation Data.
|
22 |
| (1) For purposes of the calculation of Available Local |
23 |
| Resources required
pursuant to subsection (D), the
State Board |
24 |
| of Education shall secure from the Department of
Revenue the |
25 |
| value as equalized or assessed by the Department of Revenue of
|
26 |
| all taxable property of every school district, together with |
27 |
| (i) the applicable
tax rate used in extending taxes for the |
28 |
| funds of the district as of
September 30 of the previous year
|
29 |
| and (ii) the limiting rate for all school
districts subject to |
30 |
| property tax extension limitations as imposed under the
|
31 |
| Property Tax Extension Limitation Law.
|
32 |
| The Department of Revenue shall add to the equalized |
33 |
| assessed value of all
taxable
property of each school district |
34 |
| situated entirely or partially within a county
that is or was |
35 |
| subject to the alternative general homestead exemption |
|
|
|
SB2795 Engrossed |
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|
|
1 |
| provisions of Section 15-176 of the Property Tax Code (a)
an |
2 |
| amount equal to the total amount by which the
homestead |
3 |
| exemption allowed under Section 15-176 of the Property Tax Code |
4 |
| for
real
property situated in that school district exceeds the |
5 |
| total amount that would
have been
allowed in that school |
6 |
| district if the maximum reduction under Section 15-176
was
(i) |
7 |
| $4,500 in Cook County or $3,500 in all other counties in tax |
8 |
| year 2003 or (ii) $5,000 in all counties in tax year 2004 and |
9 |
| thereafter and (b) an amount equal to the aggregate amount for |
10 |
| the taxable year of all additional exemptions under Section |
11 |
| 15-175 of the Property Tax Code for owners with a household |
12 |
| income of $30,000 or less. The county clerk of any county that |
13 |
| is or was subject to the alternative general homestead |
14 |
| exemption provisions of Section 15-176 of the Property Tax Code |
15 |
| shall
annually calculate and certify to the Department of |
16 |
| Revenue for each school
district all
homestead exemption |
17 |
| amounts under Section 15-176 of the Property Tax Code and all |
18 |
| amounts of additional exemptions under Section 15-175 of the |
19 |
| Property Tax Code for owners with a household income of $30,000 |
20 |
| or less. It is the intent of this paragraph that if the general |
21 |
| homestead exemption for a parcel of property is determined |
22 |
| under Section 15-176 of the Property Tax Code rather than |
23 |
| Section 15-175, then the calculation of Available Local |
24 |
| Resources shall not be affected by the difference, if any, |
25 |
| between the amount of the general homestead exemption allowed |
26 |
| for that parcel of property under Section 15-176 of the |
27 |
| Property Tax Code and the amount that would have been allowed |
28 |
| had the general homestead exemption for that parcel of property |
29 |
| been determined under Section 15-175 of the Property Tax Code. |
30 |
| It is further the intent of this paragraph that if additional |
31 |
| exemptions are allowed under Section 15-175 of the Property Tax |
32 |
| Code for owners with a household income of less than $30,000, |
33 |
| then the calculation of Available Local Resources shall not be |
34 |
| affected by the difference, if any, because of those additional |
35 |
| exemptions.
|
36 |
| This equalized assessed valuation, as adjusted further by |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| the requirements of
this subsection, shall be utilized in the |
2 |
| calculation of Available Local
Resources.
|
3 |
| (2) The equalized assessed valuation in paragraph (1) shall |
4 |
| be adjusted, as
applicable, in the following manner:
|
5 |
| (a) For the purposes of calculating State aid under |
6 |
| this Section,
with respect to any part of a school district |
7 |
| within a redevelopment
project area in respect to which a |
8 |
| municipality has adopted tax
increment allocation |
9 |
| financing pursuant to the Tax Increment Allocation
|
10 |
| Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 |
11 |
| of the Illinois
Municipal Code or the Industrial Jobs |
12 |
| Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the |
13 |
| Illinois Municipal Code, no part of the current equalized
|
14 |
| assessed valuation of real property located in any such |
15 |
| project area which is
attributable to an increase above the |
16 |
| total initial equalized assessed
valuation of such |
17 |
| property shall be used as part of the equalized assessed
|
18 |
| valuation of the district, until such time as all
|
19 |
| redevelopment project costs have been paid, as provided in |
20 |
| Section 11-74.4-8
of the Tax Increment Allocation |
21 |
| Redevelopment Act or in Section 11-74.6-35 of
the |
22 |
| Industrial Jobs Recovery Law. For the purpose of
the |
23 |
| equalized assessed valuation of the
district, the total |
24 |
| initial equalized assessed valuation or the current
|
25 |
| equalized assessed valuation, whichever is lower, shall be |
26 |
| used until
such time as all redevelopment project costs |
27 |
| have been paid.
|
28 |
| (b) The real property equalized assessed valuation for |
29 |
| a school district
shall be adjusted by subtracting from the |
30 |
| real property
value as equalized or assessed by the |
31 |
| Department of Revenue for the
district an amount computed |
32 |
| by dividing the amount of any abatement of
taxes under |
33 |
| Section 18-170 of the Property Tax Code by 3.00% for a |
34 |
| district
maintaining grades kindergarten through 12, by |
35 |
| 2.30% for a district
maintaining grades kindergarten |
36 |
| through 8, or by 1.05% for a
district
maintaining grades 9 |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| through 12 and adjusted by an amount computed by dividing
|
2 |
| the amount of any abatement of taxes under subsection (a) |
3 |
| of Section 18-165 of
the Property Tax Code by the same |
4 |
| percentage rates for district type as
specified in this |
5 |
| subparagraph (b).
|
6 |
| (3) For the 1999-2000 school year and each school year |
7 |
| thereafter, if a
school district meets all of the criteria of |
8 |
| this subsection (G)(3), the school
district's Available Local |
9 |
| Resources shall be calculated under subsection (D)
using the |
10 |
| district's Extension Limitation Equalized Assessed Valuation |
11 |
| as
calculated under this
subsection (G)(3).
|
12 |
| For purposes of this subsection (G)(3) the following terms |
13 |
| shall have
the following meanings:
|
14 |
| "Budget Year": The school year for which general State |
15 |
| aid is calculated
and
awarded under subsection (E).
|
16 |
| "Base Tax Year": The property tax levy year used to |
17 |
| calculate the Budget
Year
allocation of general State aid.
|
18 |
| "Preceding Tax Year": The property tax levy year |
19 |
| immediately preceding the
Base Tax Year.
|
20 |
| "Base Tax Year's Tax Extension": The product of the |
21 |
| equalized assessed
valuation utilized by the County Clerk |
22 |
| in the Base Tax Year multiplied by the
limiting rate as |
23 |
| calculated by the County Clerk and defined in the Property |
24 |
| Tax
Extension Limitation Law.
|
25 |
| "Preceding Tax Year's Tax Extension": The product of |
26 |
| the equalized assessed
valuation utilized by the County |
27 |
| Clerk in the Preceding Tax Year multiplied by
the Operating |
28 |
| Tax Rate as defined in subsection (A).
|
29 |
| "Extension Limitation Ratio": A numerical ratio, |
30 |
| certified by the
County Clerk, in which the numerator is |
31 |
| the Base Tax Year's Tax
Extension and the denominator is |
32 |
| the Preceding Tax Year's Tax Extension.
|
33 |
| "Operating Tax Rate": The operating tax rate as defined |
34 |
| in subsection (A).
|
35 |
| If a school district is subject to property tax extension |
36 |
| limitations as
imposed under
the Property Tax Extension |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| Limitation Law, the State Board of Education shall
calculate |
2 |
| the Extension
Limitation
Equalized Assessed Valuation of that |
3 |
| district. For the 1999-2000 school
year, the
Extension |
4 |
| Limitation Equalized Assessed Valuation of a school district as
|
5 |
| calculated by the State Board of Education shall be equal to |
6 |
| the product of the
district's 1996 Equalized Assessed Valuation |
7 |
| and the district's Extension
Limitation Ratio. For the |
8 |
| 2000-2001 school year and each school year
thereafter,
the |
9 |
| Extension Limitation Equalized Assessed Valuation of a school |
10 |
| district as
calculated by the State Board of Education shall be |
11 |
| equal to the product of
the Equalized Assessed Valuation last |
12 |
| used in the calculation of general State
aid and the
district's |
13 |
| Extension Limitation Ratio. If the Extension Limitation
|
14 |
| Equalized
Assessed Valuation of a school district as calculated |
15 |
| under
this subsection (G)(3) is less than the district's |
16 |
| equalized assessed valuation
as calculated pursuant to |
17 |
| subsections (G)(1) and (G)(2), then for purposes of
calculating |
18 |
| the district's general State aid for the Budget Year pursuant |
19 |
| to
subsection (E), that Extension
Limitation Equalized |
20 |
| Assessed Valuation shall be utilized to calculate the
|
21 |
| district's Available Local Resources
under subsection (D).
|
22 |
| Partial elementary unit districts created in accordance |
23 |
| with Article 11E of this Code shall not be eligible for the |
24 |
| adjustment in this subsection (G)(3) until the fifth year |
25 |
| following the effective date of the reorganization.
|
26 |
| (4) For the purposes of calculating general State aid for |
27 |
| the 1999-2000
school year only, if a school district |
28 |
| experienced a triennial reassessment on
the equalized assessed |
29 |
| valuation used in calculating its general State
financial aid |
30 |
| apportionment for the 1998-1999 school year, the State Board of
|
31 |
| Education shall calculate the Extension Limitation Equalized |
32 |
| Assessed Valuation
that would have been used to calculate the |
33 |
| district's 1998-1999 general State
aid. This amount shall equal |
34 |
| the product of the equalized assessed valuation
used to
|
35 |
| calculate general State aid for the 1997-1998 school year and |
36 |
| the district's
Extension Limitation Ratio. If the Extension |
|
|
|
SB2795 Engrossed |
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|
|
1 |
| Limitation Equalized Assessed
Valuation of the school district |
2 |
| as calculated under this paragraph (4) is
less than the |
3 |
| district's equalized assessed valuation utilized in |
4 |
| calculating
the
district's 1998-1999 general State aid |
5 |
| allocation, then for purposes of
calculating the district's |
6 |
| general State aid pursuant to paragraph (5) of
subsection (E),
|
7 |
| that Extension Limitation Equalized Assessed Valuation shall |
8 |
| be utilized to
calculate the district's Available Local |
9 |
| Resources.
|
10 |
| (5) For school districts having a majority of their |
11 |
| equalized assessed
valuation in any county except Cook, DuPage, |
12 |
| Kane, Lake, McHenry, or Will, if
the amount of general State |
13 |
| aid allocated to the school district for the
1999-2000 school |
14 |
| year under the provisions of subsection (E), (H), and (J) of
|
15 |
| this Section is less than the amount of general State aid |
16 |
| allocated to the
district for the 1998-1999 school year under |
17 |
| these subsections, then the
general
State aid of the district |
18 |
| for the 1999-2000 school year only shall be increased
by the |
19 |
| difference between these amounts. The total payments made under |
20 |
| this
paragraph (5) shall not exceed $14,000,000. Claims shall |
21 |
| be prorated if they
exceed $14,000,000.
|
22 |
| (H) Supplemental General State Aid.
|
23 |
| (1) In addition to the general State aid a school district |
24 |
| is allotted
pursuant to subsection (E), qualifying school |
25 |
| districts shall receive a grant,
paid in conjunction with a |
26 |
| district's payments of general State aid, for
supplemental |
27 |
| general State aid based upon the concentration level of |
28 |
| children
from low-income households within the school |
29 |
| district.
Supplemental State aid grants provided for school |
30 |
| districts under this
subsection shall be appropriated for |
31 |
| distribution to school districts as part
of the same line item |
32 |
| in which the general State financial aid of school
districts is |
33 |
| appropriated under this Section.
If the appropriation in any |
34 |
| fiscal year for general State aid and
supplemental general |
35 |
| State aid is insufficient to pay the amounts required
under the |
|
|
|
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1 |
| general State aid and supplemental general State aid |
2 |
| calculations,
then the
State Board of Education shall ensure |
3 |
| that
each school district receives the full amount due for |
4 |
| general State aid
and the remainder of the appropriation shall |
5 |
| be used
for supplemental general State aid, which the State |
6 |
| Board of Education shall
calculate and pay to eligible |
7 |
| districts on a prorated basis.
|
8 |
| (1.5) This paragraph (1.5) applies only to those school |
9 |
| years
preceding the 2003-2004 school year.
For purposes of this
|
10 |
| subsection (H), the term "Low-Income Concentration Level" |
11 |
| shall be the
low-income
eligible pupil count from the most |
12 |
| recently available federal census divided by
the Average Daily |
13 |
| Attendance of the school district.
If, however, (i) the |
14 |
| percentage decrease from the 2 most recent federal
censuses
in |
15 |
| the low-income eligible pupil count of a high school district |
16 |
| with fewer
than 400 students exceeds by 75% or more the |
17 |
| percentage change in the total
low-income eligible pupil count |
18 |
| of contiguous elementary school districts,
whose boundaries |
19 |
| are coterminous with the high school district,
or (ii) a high |
20 |
| school district within 2 counties and serving 5 elementary
|
21 |
| school
districts, whose boundaries are coterminous with the |
22 |
| high school
district, has a percentage decrease from the 2 most |
23 |
| recent federal
censuses in the low-income eligible pupil count |
24 |
| and there is a percentage
increase in the total low-income |
25 |
| eligible pupil count of a majority of the
elementary school |
26 |
| districts in excess of 50% from the 2 most recent
federal |
27 |
| censuses, then
the
high school district's low-income eligible |
28 |
| pupil count from the earlier federal
census
shall be the number |
29 |
| used as the low-income eligible pupil count for the high
school |
30 |
| district, for purposes of this subsection (H).
The changes made |
31 |
| to this paragraph (1) by Public Act 92-28 shall apply to
|
32 |
| supplemental general State aid
grants for school years |
33 |
| preceding the 2003-2004 school year that are paid
in fiscal |
34 |
| year 1999 or thereafter
and to
any State aid payments made in |
35 |
| fiscal year 1994 through fiscal year
1998 pursuant to |
36 |
| subsection 1(n) of Section 18-8 of this Code (which was
|
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| repealed on July 1, 1998), and any high school district that is |
2 |
| affected by
Public Act 92-28 is
entitled to a
recomputation of |
3 |
| its supplemental general State aid grant or State aid
paid in |
4 |
| any of those fiscal years. This recomputation shall not be
|
5 |
| affected by any other funding.
|
6 |
| (1.10) This paragraph (1.10) applies to the 2003-2004 |
7 |
| school year
and each school year thereafter. For purposes of |
8 |
| this subsection (H), the
term "Low-Income Concentration Level" |
9 |
| shall, for each fiscal year, be the
low-income eligible
pupil |
10 |
| count
as of July 1 of the immediately preceding fiscal year
(as |
11 |
| determined by the Department of Human Services based
on the |
12 |
| number of pupils
who are eligible for at least one of the |
13 |
| following
low income programs: Medicaid, KidCare, TANF, or Food |
14 |
| Stamps,
excluding pupils who are eligible for services provided |
15 |
| by the Department
of Children and Family Services,
averaged |
16 |
| over
the 2 immediately preceding fiscal years for fiscal year |
17 |
| 2004 and over the 3
immediately preceding fiscal years for each |
18 |
| fiscal year thereafter)
divided by the Average Daily Attendance |
19 |
| of the school district.
|
20 |
| (2) Supplemental general State aid pursuant to this |
21 |
| subsection (H) shall
be
provided as follows for the 1998-1999, |
22 |
| 1999-2000, and 2000-2001 school years
only:
|
23 |
| (a) For any school district with a Low Income |
24 |
| Concentration Level of at
least 20% and less than 35%, the |
25 |
| grant for any school year
shall be $800
multiplied by the |
26 |
| low income eligible pupil count.
|
27 |
| (b) For any school district with a Low Income |
28 |
| Concentration Level of at
least 35% and less than 50%, the |
29 |
| grant for the 1998-1999 school year shall be
$1,100 |
30 |
| multiplied by the low income eligible pupil count.
|
31 |
| (c) For any school district with a Low Income |
32 |
| Concentration Level of at
least 50% and less than 60%, the |
33 |
| grant for the 1998-99 school year shall be
$1,500 |
34 |
| multiplied by the low income eligible pupil count.
|
35 |
| (d) For any school district with a Low Income |
36 |
| Concentration Level of 60%
or more, the grant for the |
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| 1998-99 school year shall be $1,900 multiplied by
the low |
2 |
| income eligible pupil count.
|
3 |
| (e) For the 1999-2000 school year, the per pupil amount |
4 |
| specified in
subparagraphs (b), (c), and (d) immediately |
5 |
| above shall be increased to $1,243,
$1,600, and $2,000, |
6 |
| respectively.
|
7 |
| (f) For the 2000-2001 school year, the per pupil |
8 |
| amounts specified in
subparagraphs (b), (c), and (d) |
9 |
| immediately above shall be
$1,273, $1,640, and $2,050, |
10 |
| respectively.
|
11 |
| (2.5) Supplemental general State aid pursuant to this |
12 |
| subsection (H)
shall be provided as follows for the 2002-2003 |
13 |
| school year:
|
14 |
| (a) For any school district with a Low Income |
15 |
| Concentration Level of less
than 10%, the grant for each |
16 |
| school year shall be $355 multiplied by the low
income |
17 |
| eligible pupil count.
|
18 |
| (b) For any school district with a Low Income |
19 |
| Concentration
Level of at least 10% and less than 20%, the |
20 |
| grant for each school year shall
be $675
multiplied by the |
21 |
| low income eligible pupil
count.
|
22 |
| (c) For any school district with a Low Income |
23 |
| Concentration
Level of at least 20% and less than 35%, the |
24 |
| grant for each school year shall
be $1,330
multiplied by |
25 |
| the low income eligible pupil
count.
|
26 |
| (d) For any school district with a Low Income |
27 |
| Concentration
Level of at least 35% and less than 50%, the |
28 |
| grant for each school year shall
be $1,362
multiplied by |
29 |
| the low income eligible pupil
count.
|
30 |
| (e) For any school district with a Low Income |
31 |
| Concentration
Level of at least 50% and less than 60%, the |
32 |
| grant for each school year shall
be $1,680
multiplied by |
33 |
| the low income eligible pupil
count.
|
34 |
| (f) For any school district with a Low Income |
35 |
| Concentration
Level of 60% or more, the grant for each |
36 |
| school year shall be $2,080
multiplied by the low income |
|
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SB2795 Engrossed |
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|
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| eligible pupil count.
|
2 |
| (2.10) Except as otherwise provided, supplemental general |
3 |
| State aid
pursuant to this subsection
(H) shall be provided as |
4 |
| follows for the 2003-2004 school year and each
school year |
5 |
| thereafter:
|
6 |
| (a) For any school district with a Low Income |
7 |
| Concentration
Level of 15% or less, the grant for each |
8 |
| school year
shall be $355 multiplied by the low income |
9 |
| eligible pupil count.
|
10 |
| (b) For any school district with a Low Income |
11 |
| Concentration
Level greater than 15%, the grant for each |
12 |
| school year shall be
$294.25 added to the product of $2,700 |
13 |
| and the square of the Low
Income Concentration Level, all |
14 |
| multiplied by the low income
eligible pupil count.
|
15 |
| For the 2003-2004 school year, 2004-2005 school year,
and |
16 |
| 2005-2006 school year only, the grant shall be no less than the
|
17 |
| grant
for
the 2002-2003 school year. For the 2006-2007 school |
18 |
| year only, the grant shall
be no
less than the grant for the |
19 |
| 2002-2003 school year multiplied by 0.66. For the
2007-2008
|
20 |
| school year only, the grant shall be no less than the grant for |
21 |
| the 2002-2003
school year
multiplied by 0.33. Notwithstanding |
22 |
| the provisions of this paragraph to the contrary, if for any |
23 |
| school year supplemental general State aid grants are prorated |
24 |
| as provided in paragraph (1) of this subsection (H), then the |
25 |
| grants under this paragraph shall be prorated.
|
26 |
| For the 2003-2004 school year only, the grant shall be no |
27 |
| greater
than the grant received during the 2002-2003 school |
28 |
| year added to the
product of 0.25 multiplied by the difference |
29 |
| between the grant amount
calculated under subsection (a) or (b) |
30 |
| of this paragraph (2.10), whichever
is applicable, and the |
31 |
| grant received during the 2002-2003 school year.
For the |
32 |
| 2004-2005 school year only, the grant shall be no greater than
|
33 |
| the grant received during the 2002-2003 school year added to |
34 |
| the
product of 0.50 multiplied by the difference between the |
35 |
| grant amount
calculated under subsection (a) or (b) of this |
36 |
| paragraph (2.10), whichever
is applicable, and the grant |
|
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|
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1 |
| received during the 2002-2003 school year.
For the 2005-2006 |
2 |
| school year only, the grant shall be no greater than
the grant |
3 |
| received during the 2002-2003 school year added to the
product |
4 |
| of 0.75 multiplied by the difference between the grant amount
|
5 |
| calculated under subsection (a) or (b) of this paragraph |
6 |
| (2.10), whichever
is applicable, and the grant received during |
7 |
| the 2002-2003
school year.
|
8 |
| (3) School districts with an Average Daily Attendance of |
9 |
| more than 1,000
and less than 50,000 that qualify for |
10 |
| supplemental general State aid pursuant
to this subsection |
11 |
| shall submit a plan to the State Board of Education prior to
|
12 |
| October 30 of each year for the use of the funds resulting from |
13 |
| this grant of
supplemental general State aid for the |
14 |
| improvement of
instruction in which priority is given to |
15 |
| meeting the education needs of
disadvantaged children. Such |
16 |
| plan shall be submitted in accordance with
rules and |
17 |
| regulations promulgated by the State Board of Education.
|
18 |
| (4) School districts with an Average Daily Attendance of |
19 |
| 50,000 or more
that qualify for supplemental general State aid |
20 |
| pursuant to this subsection
shall be required to distribute |
21 |
| from funds available pursuant to this Section,
no less than |
22 |
| $261,000,000 in accordance with the following requirements:
|
23 |
| (a) The required amounts shall be distributed to the |
24 |
| attendance centers
within the district in proportion to the |
25 |
| number of pupils enrolled at each
attendance center who are |
26 |
| eligible to receive free or reduced-price lunches or
|
27 |
| breakfasts under the federal Child Nutrition Act of 1966 |
28 |
| and under the National
School Lunch Act during the |
29 |
| immediately preceding school year.
|
30 |
| (b) The distribution of these portions of supplemental |
31 |
| and general State
aid among attendance centers according to |
32 |
| these requirements shall not be
compensated for or |
33 |
| contravened by adjustments of the total of other funds
|
34 |
| appropriated to any attendance centers, and the Board of |
35 |
| Education shall
utilize funding from one or several sources |
36 |
| in order to fully implement this
provision annually prior |
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LRB094 16461 NHT 51721 b |
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| to the opening of school.
|
2 |
| (c) Each attendance center shall be provided by the
|
3 |
| school district a distribution of noncategorical funds and |
4 |
| other
categorical funds to which an attendance center is |
5 |
| entitled under law in
order that the general State aid and |
6 |
| supplemental general State aid provided
by application of |
7 |
| this subsection supplements rather than supplants the
|
8 |
| noncategorical funds and other categorical funds provided |
9 |
| by the school
district to the attendance centers.
|
10 |
| (d) Any funds made available under this subsection that |
11 |
| by reason of the
provisions of this subsection are not
|
12 |
| required to be allocated and provided to attendance centers |
13 |
| may be used and
appropriated by the board of the district |
14 |
| for any lawful school purpose.
|
15 |
| (e) Funds received by an attendance center
pursuant to |
16 |
| this
subsection shall be used
by the attendance center at |
17 |
| the discretion
of the principal and local school council |
18 |
| for programs to improve educational
opportunities at |
19 |
| qualifying schools through the following programs and
|
20 |
| services: early childhood education, reduced class size or |
21 |
| improved adult to
student classroom ratio, enrichment |
22 |
| programs, remedial assistance, attendance
improvement, and |
23 |
| other educationally beneficial expenditures which
|
24 |
| supplement
the regular and basic programs as determined by |
25 |
| the State Board of Education.
Funds provided shall not be |
26 |
| expended for any political or lobbying purposes
as defined |
27 |
| by board rule.
|
28 |
| (f) Each district subject to the provisions of this |
29 |
| subdivision (H)(4)
shall submit an
acceptable plan to meet |
30 |
| the educational needs of disadvantaged children, in
|
31 |
| compliance with the requirements of this paragraph, to the |
32 |
| State Board of
Education prior to July 15 of each year. |
33 |
| This plan shall be consistent with the
decisions of local |
34 |
| school councils concerning the school expenditure plans
|
35 |
| developed in accordance with part 4 of Section 34-2.3. The |
36 |
| State Board shall
approve or reject the plan within 60 days |
|
|
|
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| after its submission. If the plan is
rejected, the district |
2 |
| shall give written notice of intent to modify the plan
|
3 |
| within 15 days of the notification of rejection and then |
4 |
| submit a modified plan
within 30 days after the date of the |
5 |
| written notice of intent to modify.
Districts may amend |
6 |
| approved plans pursuant to rules promulgated by the State
|
7 |
| Board of Education.
|
8 |
| Upon notification by the State Board of Education that |
9 |
| the district has
not submitted a plan prior to July 15 or a |
10 |
| modified plan within the time
period specified herein, the
|
11 |
| State aid funds affected by that plan or modified plan |
12 |
| shall be withheld by the
State Board of Education until a |
13 |
| plan or modified plan is submitted.
|
14 |
| If the district fails to distribute State aid to |
15 |
| attendance centers in
accordance with an approved plan, the |
16 |
| plan for the following year shall
allocate funds, in |
17 |
| addition to the funds otherwise required by this
|
18 |
| subsection, to those attendance centers which were |
19 |
| underfunded during the
previous year in amounts equal to |
20 |
| such underfunding.
|
21 |
| For purposes of determining compliance with this |
22 |
| subsection in relation
to the requirements of attendance |
23 |
| center funding, each district subject to the
provisions of |
24 |
| this
subsection shall submit as a separate document by |
25 |
| December 1 of each year a
report of expenditure data for |
26 |
| the prior year in addition to any
modification of its |
27 |
| current plan. If it is determined that there has been
a |
28 |
| failure to comply with the expenditure provisions of this |
29 |
| subsection
regarding contravention or supplanting, the |
30 |
| State Superintendent of
Education shall, within 60 days of |
31 |
| receipt of the report, notify the
district and any affected |
32 |
| local school council. The district shall within
45 days of |
33 |
| receipt of that notification inform the State |
34 |
| Superintendent of
Education of the remedial or corrective |
35 |
| action to be taken, whether by
amendment of the current |
36 |
| plan, if feasible, or by adjustment in the plan
for the |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
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|
1 |
| following year. Failure to provide the expenditure report |
2 |
| or the
notification of remedial or corrective action in a |
3 |
| timely manner shall
result in a withholding of the affected |
4 |
| funds.
|
5 |
| The State Board of Education shall promulgate rules and |
6 |
| regulations
to implement the provisions of this |
7 |
| subsection. No funds shall be released
under this |
8 |
| subdivision (H)(4) to any district that has not submitted a |
9 |
| plan
that has been approved by the State Board of |
10 |
| Education.
|
11 |
| (I) (Blank).
General State Aid for Newly Configured School |
12 |
| Districts.
|
13 |
| (1) For a new school district formed by combining property |
14 |
| included
totally within 2 or more previously existing school |
15 |
| districts, for its
first year of existence the general State |
16 |
| aid and supplemental general State
aid calculated under this |
17 |
| Section
shall be computed for the new district and for the |
18 |
| previously existing
districts for which property is totally |
19 |
| included
within the new district. If the computation on the |
20 |
| basis of the previously
existing districts is greater, a |
21 |
| supplementary payment equal to the difference
shall be made for |
22 |
| the first 4 years of existence of the new district.
|
23 |
| (2) For a school district which annexes all of the |
24 |
| territory of one or more
entire other school districts, for the |
25 |
| first year during which the change
of boundaries attributable |
26 |
| to such annexation becomes effective for all
purposes as |
27 |
| determined under Section 7-9 or 7A-8, the general State aid and
|
28 |
| supplemental general State aid calculated
under this Section |
29 |
| shall be computed for the annexing district as constituted
|
30 |
| after the annexation and for the annexing and each annexed |
31 |
| district as
constituted prior to the annexation; and if the |
32 |
| computation on the basis of
the annexing and annexed districts |
33 |
| as constituted prior to the annexation is
greater, a |
34 |
| supplementary payment equal to the difference shall be made for
|
35 |
| the first 4 years of existence of the annexing school district |
|
|
|
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LRB094 16461 NHT 51721 b |
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|
1 |
| as
constituted upon such annexation.
|
2 |
| (3) For 2 or more school districts which annex all of the |
3 |
| territory of
one or more entire other school districts, and for |
4 |
| 2 or more community unit
districts which result upon the |
5 |
| division (pursuant to petition under
Section 11A-2) of one or |
6 |
| more other unit school districts into 2 or more
parts and which |
7 |
| together include all of the parts into which such other
unit |
8 |
| school district or districts are so divided, for the first year
|
9 |
| during which the change of boundaries attributable to such |
10 |
| annexation or
division becomes effective for all purposes as |
11 |
| determined under Section 7-9
or 11A-10, as the case may be, the |
12 |
| general State aid and supplemental general
State aid calculated |
13 |
| under this Section
shall be computed for each annexing or |
14 |
| resulting district as constituted
after the annexation or |
15 |
| division and for each annexing and annexed
district, or for |
16 |
| each resulting and divided district, as constituted prior
to |
17 |
| the annexation or division; and if the aggregate of the general |
18 |
| State aid
and supplemental general State aid as so
computed for |
19 |
| the annexing or resulting districts as constituted after the
|
20 |
| annexation or division is less than the aggregate of the |
21 |
| general State aid and
supplemental general State aid as so |
22 |
| computed for the annexing and annexed
districts, or for the |
23 |
| resulting and divided districts, as constituted prior to
the |
24 |
| annexation or division, then
a supplementary payment equal to |
25 |
| the difference shall be made and allocated
between or among the |
26 |
| annexing or resulting districts, as constituted upon
such |
27 |
| annexation or division, for the first 4 years of their |
28 |
| existence. The
total difference payment shall be allocated |
29 |
| between or among the annexing
or resulting districts in the |
30 |
| same ratio as the pupil enrollment from that
portion of the |
31 |
| annexed or divided district or districts which is annexed to
or |
32 |
| included in each such annexing or resulting district bears to |
33 |
| the total
pupil enrollment from the entire annexed or divided |
34 |
| district or districts,
as such pupil enrollment is determined |
35 |
| for the school year last ending
prior to the date when the |
36 |
| change of boundaries attributable to the
annexation or division |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
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|
1 |
| becomes effective for all purposes. The amount of
the total |
2 |
| difference payment and the amount thereof to be allocated to |
3 |
| the
annexing or resulting districts shall be computed by the |
4 |
| State Board of
Education on the basis of pupil enrollment and |
5 |
| other data which shall be
certified to the State Board of |
6 |
| Education, on forms which it shall provide
for that purpose, by |
7 |
| the regional superintendent of schools for each
educational |
8 |
| service region in which the annexing and annexed districts, or
|
9 |
| resulting and divided districts are located.
|
10 |
| (3.5) Claims for financial assistance under this |
11 |
| subsection (I) shall
not be recomputed except as expressly |
12 |
| provided under this Section.
|
13 |
| (4) Any
supplementary payment made under this subsection |
14 |
| (I)
shall be treated as separate from all other payments made |
15 |
| pursuant to
this Section.
|
16 |
| (J) Supplementary Grants in Aid.
|
17 |
| (1) Notwithstanding any other provisions of this Section, |
18 |
| the amount of the
aggregate general State aid in combination |
19 |
| with supplemental general State aid
under this Section for |
20 |
| which
each school district is eligible shall be no
less than |
21 |
| the amount of the aggregate general State aid entitlement that |
22 |
| was
received by the district under Section
18-8 (exclusive of |
23 |
| amounts received
under subsections 5(p) and 5(p-5) of that |
24 |
| Section)
for the 1997-98 school year,
pursuant to the |
25 |
| provisions of that Section as it was then in effect.
If a |
26 |
| school district qualifies to receive a supplementary payment |
27 |
| made under
this subsection (J), the amount
of the aggregate |
28 |
| general State aid in combination with supplemental general
|
29 |
| State aid under this Section
which that district is eligible to |
30 |
| receive for each school year shall be no less than the amount |
31 |
| of the aggregate
general State aid entitlement that was |
32 |
| received by the district under
Section 18-8 (exclusive of |
33 |
| amounts received
under subsections 5(p) and 5(p-5) of that |
34 |
| Section)
for the 1997-1998 school year, pursuant to the |
35 |
| provisions of that
Section as it was then in effect.
|
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| (2) If, as provided in paragraph (1) of this subsection |
2 |
| (J), a school
district is to receive aggregate general State |
3 |
| aid in
combination with supplemental general State aid under |
4 |
| this Section for the 1998-99 school year and any subsequent |
5 |
| school
year that in any such school year is less than the |
6 |
| amount of the aggregate
general
State
aid entitlement that the |
7 |
| district received for the 1997-98 school year, the
school |
8 |
| district shall also receive, from a separate appropriation made |
9 |
| for
purposes of this subsection (J), a supplementary payment |
10 |
| that is equal to the
amount of the difference in the aggregate |
11 |
| State aid figures as described in
paragraph (1).
|
12 |
| (3) (Blank).
|
13 |
| (K) Grants to Laboratory and Alternative Schools.
|
14 |
| In calculating the amount to be paid to the governing board |
15 |
| of a public
university that operates a laboratory school under |
16 |
| this Section or to any
alternative school that is operated by a |
17 |
| regional superintendent of schools,
the State
Board of |
18 |
| Education shall require by rule such reporting requirements as |
19 |
| it
deems necessary.
|
20 |
| As used in this Section, "laboratory school" means a public |
21 |
| school which is
created and operated by a public university and |
22 |
| approved by the State Board of
Education. The governing board |
23 |
| of a public university which receives funds
from the State |
24 |
| Board under this subsection (K) may not increase the number of
|
25 |
| students enrolled in its laboratory
school from a single |
26 |
| district, if that district is already sending 50 or more
|
27 |
| students, except under a mutual agreement between the school |
28 |
| board of a
student's district of residence and the university |
29 |
| which operates the
laboratory school. A laboratory school may |
30 |
| not have more than 1,000 students,
excluding students with |
31 |
| disabilities in a special education program.
|
32 |
| As used in this Section, "alternative school" means a |
33 |
| public school which is
created and operated by a Regional |
34 |
| Superintendent of Schools and approved by
the State Board of |
35 |
| Education. Such alternative schools may offer courses of
|
|
|
|
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|
1 |
| instruction for which credit is given in regular school |
2 |
| programs, courses to
prepare students for the high school |
3 |
| equivalency testing program or vocational
and occupational |
4 |
| training. A regional superintendent of schools may contract
|
5 |
| with a school district or a public community college district |
6 |
| to operate an
alternative school. An alternative school serving |
7 |
| more than one educational
service region may be established by |
8 |
| the regional superintendents of schools
of the affected |
9 |
| educational service regions. An alternative school
serving |
10 |
| more than one educational service region may be operated under |
11 |
| such
terms as the regional superintendents of schools of those |
12 |
| educational service
regions may agree.
|
13 |
| Each laboratory and alternative school shall file, on forms |
14 |
| provided by the
State Superintendent of Education, an annual |
15 |
| State aid claim which states the
Average Daily Attendance of |
16 |
| the school's students by month. The best 3 months'
Average |
17 |
| Daily Attendance shall be computed for each school.
The general |
18 |
| State aid entitlement shall be computed by multiplying the
|
19 |
| applicable Average Daily Attendance by the Foundation Level as |
20 |
| determined under
this Section.
|
21 |
| (L) Payments, Additional Grants in Aid and Other Requirements.
|
22 |
| (1) For a school district operating under the financial |
23 |
| supervision
of an Authority created under Article 34A, the |
24 |
| general State aid otherwise
payable to that district under this |
25 |
| Section, but not the supplemental general
State aid, shall be |
26 |
| reduced by an amount equal to the budget for
the operations of |
27 |
| the Authority as certified by the Authority to the State
Board |
28 |
| of Education, and an amount equal to such reduction shall be |
29 |
| paid
to the Authority created for such district for its |
30 |
| operating expenses in
the manner provided in Section 18-11. The |
31 |
| remainder
of general State school aid for any such district |
32 |
| shall be paid in accordance
with Article 34A when that Article |
33 |
| provides for a disposition other than that
provided by this |
34 |
| Article.
|
35 |
| (2) (Blank).
|
|
|
|
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|
1 |
| (3) Summer school. Summer school payments shall be made as |
2 |
| provided in
Section 18-4.3.
|
3 |
| (M) Education Funding Advisory Board.
|
4 |
| The Education Funding Advisory
Board, hereinafter in this |
5 |
| subsection (M) referred to as the "Board", is hereby
created. |
6 |
| The Board
shall consist of 5 members who are appointed by the |
7 |
| Governor, by and with the
advice and consent of the Senate. The |
8 |
| members appointed shall include
representatives of education, |
9 |
| business, and the general public. One of the
members so |
10 |
| appointed shall be
designated by the Governor at the time the |
11 |
| appointment is made as the
chairperson of the
Board.
The |
12 |
| initial members of the Board may
be appointed any time after |
13 |
| the effective date of this amendatory Act of
1997. The regular |
14 |
| term of each member of the
Board shall be for 4 years from the |
15 |
| third Monday of January of the
year in which the term of the |
16 |
| member's appointment is to commence, except that
of the 5 |
17 |
| initial members appointed to serve on the
Board, the member who |
18 |
| is appointed as the chairperson shall serve for
a term that |
19 |
| commences on the date of his or her appointment and expires on |
20 |
| the
third Monday of January, 2002, and the remaining 4 members, |
21 |
| by lots drawn at
the first meeting of the Board that is
held
|
22 |
| after all 5 members are appointed, shall determine 2 of their |
23 |
| number to serve
for terms that commence on the date of their
|
24 |
| respective appointments and expire on the third
Monday of |
25 |
| January, 2001,
and 2 of their number to serve for terms that |
26 |
| commence
on the date of their respective appointments and |
27 |
| expire on the third Monday
of January, 2000. All members |
28 |
| appointed to serve on the
Board shall serve until their |
29 |
| respective successors are
appointed and confirmed. Vacancies |
30 |
| shall be filled in the same manner as
original appointments. If |
31 |
| a vacancy in membership occurs at a time when the
Senate is not |
32 |
| in session, the Governor shall make a temporary appointment |
33 |
| until
the next meeting of the Senate, when he or she shall |
34 |
| appoint, by and with the
advice and consent of the Senate, a |
35 |
| person to fill that membership for the
unexpired term. If the |
|
|
|
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|
|
1 |
| Senate is not in session when the initial appointments
are |
2 |
| made, those appointments shall
be made as in the case of |
3 |
| vacancies.
|
4 |
| The Education Funding Advisory Board shall be deemed |
5 |
| established,
and the initial
members appointed by the Governor |
6 |
| to serve as members of the
Board shall take office,
on the date |
7 |
| that the
Governor makes his or her appointment of the fifth |
8 |
| initial member of the
Board, whether those initial members are |
9 |
| then serving
pursuant to appointment and confirmation or |
10 |
| pursuant to temporary appointments
that are made by the |
11 |
| Governor as in the case of vacancies.
|
12 |
| The State Board of Education shall provide such staff |
13 |
| assistance to the
Education Funding Advisory Board as is |
14 |
| reasonably required for the proper
performance by the Board of |
15 |
| its responsibilities.
|
16 |
| For school years after the 2000-2001 school year, the |
17 |
| Education
Funding Advisory Board, in consultation with the |
18 |
| State Board of Education,
shall make recommendations as |
19 |
| provided in this subsection (M) to the General
Assembly for the |
20 |
| foundation level under subdivision (B)(3) of this Section and
|
21 |
| for the
supplemental general State aid grant level under |
22 |
| subsection (H) of this Section
for districts with high |
23 |
| concentrations of children from poverty. The
recommended |
24 |
| foundation level shall be determined based on a methodology |
25 |
| which
incorporates the basic education expenditures of |
26 |
| low-spending schools
exhibiting high academic performance. The |
27 |
| Education Funding Advisory Board
shall make such |
28 |
| recommendations to the General Assembly on January 1 of odd
|
29 |
| numbered years, beginning January 1, 2001.
|
30 |
| (N) (Blank).
|
31 |
| (O) References.
|
32 |
| (1) References in other laws to the various subdivisions of
|
33 |
| Section 18-8 as that Section existed before its repeal and |
34 |
| replacement by this
Section 18-8.05 shall be deemed to refer to |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| the corresponding provisions of
this Section 18-8.05, to the |
2 |
| extent that those references remain applicable.
|
3 |
| (2) References in other laws to State Chapter 1 funds shall |
4 |
| be deemed to
refer to the supplemental general State aid |
5 |
| provided under subsection (H) of
this Section.
|
6 |
| (P) Public Act 93-838 and Public Act 93-808 make inconsistent |
7 |
| changes to this Section. Under Section 6 of the Statute on |
8 |
| Statutes there is an irreconcilable conflict between Public Act |
9 |
| 93-808 and Public Act 93-838. Public Act 93-838, being the last |
10 |
| acted upon, is controlling. The text of Public Act 93-838 is |
11 |
| the law regardless of the text of Public Act 93-808. |
12 |
| (Source: P.A. 93-21, eff. 7-1-03; 93-715, eff. 7-12-04; 93-808, |
13 |
| eff. 7-26-04; 93-838, eff. 7-30-04; 93-875, eff. 8-6-04; 94-69, |
14 |
| eff. 7-1-05; 94-438, eff. 8-4-05; revised 8-22-05.)
|
15 |
| (105 ILCS 5/19-1) (from Ch. 122, par. 19-1)
|
16 |
| (Text of Section before amendment by P.A. 94-234 )
|
17 |
| Sec. 19-1. Debt limitations of school districts.
|
18 |
| (a) School districts shall not be subject to the provisions |
19 |
| limiting their
indebtedness prescribed in "An Act to limit the |
20 |
| indebtedness of counties having
a population of less than |
21 |
| 500,000 and townships, school districts and other
municipal |
22 |
| corporations having a population of less than 300,000", |
23 |
| approved
February 15, 1928, as amended.
|
24 |
| No school districts maintaining grades K through 8 or 9 |
25 |
| through 12
shall become indebted in any manner or for any |
26 |
| purpose to an amount,
including existing indebtedness, in the |
27 |
| aggregate exceeding 6.9% on the
value of the taxable property |
28 |
| therein to be ascertained by the last assessment
for State and |
29 |
| county taxes or, until January 1, 1983, if greater, the sum |
30 |
| that
is produced by multiplying the school district's 1978 |
31 |
| equalized assessed
valuation by the debt limitation percentage |
32 |
| in effect on January 1, 1979,
previous to the incurring of such |
33 |
| indebtedness.
|
34 |
| No school districts maintaining grades K through 12 shall |
|
|
|
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|
1 |
| become
indebted in any manner or for any purpose to an amount, |
2 |
| including
existing indebtedness, in the aggregate exceeding |
3 |
| 13.8% on the value of
the taxable property therein to be |
4 |
| ascertained by the last assessment
for State and county taxes |
5 |
| or, until January 1, 1983, if greater, the sum that
is produced |
6 |
| by multiplying the school district's 1978 equalized assessed
|
7 |
| valuation by the debt limitation percentage in effect on |
8 |
| January 1, 1979,
previous to the incurring of such |
9 |
| indebtedness.
|
10 |
| No partial elementary unit district, as defined in Article |
11 |
| 11E of this Code, shall become indebted in any manner or for |
12 |
| any purpose in an amount, including existing indebtedness, in |
13 |
| the aggregate exceeding 6.9% of the value of the taxable |
14 |
| property of the entire district, to be ascertained by the last |
15 |
| assessment for State and county taxes, plus an amount, |
16 |
| including existing indebtedness, in the aggregate exceeding |
17 |
| 6.9% of the value of the taxable property of that portion of |
18 |
| the district included in the elementary and high school |
19 |
| classification, to be ascertained by the last assessment for |
20 |
| State and county taxes. Moreover, no partial elementary unit |
21 |
| district, as defined in Article 11E of this Code, shall become |
22 |
| indebted on account of bonds issued by the district for high |
23 |
| school purposes in the aggregate exceeding 6.9% of the value of |
24 |
| the taxable property of the entire district, to be ascertained |
25 |
| by the last assessment for State and county taxes, nor shall |
26 |
| the district become indebted on account of bonds issued by the |
27 |
| district for elementary purposes in the aggregate exceeding |
28 |
| 6.9% of the value of the taxable property for that portion of |
29 |
| the district included in the elementary and high school |
30 |
| classification, to be ascertained by the last assessment for |
31 |
| State and county taxes.
|
32 |
| Notwithstanding the provisions of any other law to the |
33 |
| contrary, in any
case in which the voters of a school district |
34 |
| have approved a proposition
for the issuance of bonds of such |
35 |
| school district at an election held prior
to January 1, 1979, |
36 |
| and all of the bonds approved at such election have
not been |
|
|
|
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|
|
1 |
| issued, the debt limitation applicable to such school district
|
2 |
| during the calendar year 1979 shall be computed by multiplying |
3 |
| the value
of taxable property therein, including personal |
4 |
| property, as ascertained
by the last assessment for State and |
5 |
| county taxes, previous to the incurring
of such indebtedness, |
6 |
| by the percentage limitation applicable to such school
district |
7 |
| under the provisions of this subsection (a).
|
8 |
| (b) Notwithstanding the debt limitation prescribed in |
9 |
| subsection (a)
of this Section, additional indebtedness may be |
10 |
| incurred in an amount
not to exceed the estimated cost of |
11 |
| acquiring or improving school sites
or constructing and |
12 |
| equipping additional building facilities under the
following |
13 |
| conditions:
|
14 |
| (1) Whenever the enrollment of students for the next |
15 |
| school year is
estimated by the board of education to |
16 |
| increase over the actual present
enrollment by not less |
17 |
| than 35% or by not less than 200 students or the
actual |
18 |
| present enrollment of students has increased over the |
19 |
| previous
school year by not less than 35% or by not less |
20 |
| than 200 students and
the board of education determines |
21 |
| that additional school sites or
building facilities are |
22 |
| required as a result of such increase in
enrollment; and
|
23 |
| (2) When the Regional Superintendent of Schools having |
24 |
| jurisdiction
over the school district and the State |
25 |
| Superintendent of Education
concur in such enrollment |
26 |
| projection or increase and approve the need
for such |
27 |
| additional school sites or building facilities and the
|
28 |
| estimated cost thereof; and
|
29 |
| (3) When the voters in the school district approve a |
30 |
| proposition for
the issuance of bonds for the purpose of |
31 |
| acquiring or improving such
needed school sites or |
32 |
| constructing and equipping such needed additional
building |
33 |
| facilities at an election called and held for that purpose.
|
34 |
| Notice of such an election shall state that the amount of |
35 |
| indebtedness
proposed to be incurred would exceed the debt |
36 |
| limitation otherwise
applicable to the school district. |
|
|
|
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|
|
1 |
| The ballot for such proposition
shall state what percentage |
2 |
| of the equalized assessed valuation will be
outstanding in |
3 |
| bonds if the proposed issuance of bonds is approved by
the |
4 |
| voters; or
|
5 |
| (4) Notwithstanding the provisions of paragraphs (1) |
6 |
| through (3) of
this subsection (b), if the school board |
7 |
| determines that additional
facilities are needed to |
8 |
| provide a quality educational program and not
less than 2/3 |
9 |
| of those voting in an election called by the school board
|
10 |
| on the question approve the issuance of bonds for the |
11 |
| construction of
such facilities, the school district may |
12 |
| issue bonds for this
purpose; or
|
13 |
| (5) Notwithstanding the provisions of paragraphs (1) |
14 |
| through (3) of this
subsection (b), if (i) the school |
15 |
| district has previously availed itself of the
provisions of |
16 |
| paragraph (4) of this subsection (b) to enable it to issue |
17 |
| bonds,
(ii) the voters of the school district have not |
18 |
| defeated a proposition for the
issuance of bonds since the |
19 |
| referendum described in paragraph (4) of this
subsection |
20 |
| (b) was held, (iii) the school board determines that |
21 |
| additional
facilities are needed to provide a quality |
22 |
| educational program, and (iv) a
majority of those voting in |
23 |
| an election called by the school board on the
question |
24 |
| approve the issuance of bonds for the construction of such |
25 |
| facilities,
the school district may issue bonds for this |
26 |
| purpose.
|
27 |
| In no event shall the indebtedness incurred pursuant to |
28 |
| this
subsection (b) and the existing indebtedness of the school |
29 |
| district
exceed 15% of the value of the taxable property |
30 |
| therein to be
ascertained by the last assessment for State and |
31 |
| county taxes, previous
to the incurring of such indebtedness |
32 |
| or, until January 1, 1983, if greater,
the sum that is produced |
33 |
| by multiplying the school district's 1978 equalized
assessed |
34 |
| valuation by the debt limitation percentage in effect on |
35 |
| January 1,
1979.
|
36 |
| The indebtedness provided for by this subsection (b) shall |
|
|
|
SB2795 Engrossed |
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|
|
1 |
| be in
addition to and in excess of any other debt limitation.
|
2 |
| (c) Notwithstanding the debt limitation prescribed in |
3 |
| subsection (a)
of this Section, in any case in which a public |
4 |
| question for the issuance
of bonds of a proposed school |
5 |
| district maintaining grades kindergarten
through 12 received |
6 |
| at least 60% of the valid ballots cast on the question at
an |
7 |
| election held on or prior to November 8, 1994, and in which the |
8 |
| bonds
approved at such election have not been issued, the |
9 |
| school district pursuant to
the requirements of Section 11A-10 |
10 |
| (now repealed) may issue the total amount of bonds approved
at |
11 |
| such election for the purpose stated in the question.
|
12 |
| (d) Notwithstanding the debt limitation prescribed in |
13 |
| subsection (a)
of this Section, a school district that meets |
14 |
| all the criteria set forth in
paragraphs (1) and (2) of this |
15 |
| subsection (d) may incur an additional
indebtedness in an |
16 |
| amount not to exceed $4,500,000, even though the amount of
the |
17 |
| additional indebtedness authorized by this subsection (d), |
18 |
| when incurred
and added to the aggregate amount of indebtedness |
19 |
| of the district existing
immediately prior to the district |
20 |
| incurring the additional indebtedness
authorized by this |
21 |
| subsection (d), causes the aggregate indebtedness of the
|
22 |
| district to exceed the debt limitation otherwise applicable to |
23 |
| that district
under subsection (a):
|
24 |
| (1) The additional indebtedness authorized by this |
25 |
| subsection (d) is
incurred by the school district through |
26 |
| the issuance of bonds under and in
accordance with Section |
27 |
| 17-2.11a for the purpose of replacing a school
building |
28 |
| which, because of mine subsidence damage, has been closed |
29 |
| as provided
in paragraph (2) of this subsection (d) or |
30 |
| through the issuance of bonds under
and in accordance with |
31 |
| Section 19-3 for the purpose of increasing the size of,
or |
32 |
| providing for additional functions in, such replacement |
33 |
| school buildings, or
both such purposes.
|
34 |
| (2) The bonds issued by the school district as provided |
35 |
| in paragraph (1)
above are issued for the purposes of |
36 |
| construction by the school district of
a new school |
|
|
|
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|
|
1 |
| building pursuant to Section 17-2.11, to replace an |
2 |
| existing
school building that, because of mine subsidence |
3 |
| damage, is closed as of the
end of the 1992-93 school year |
4 |
| pursuant to action of the regional
superintendent of |
5 |
| schools of the educational service region in which the
|
6 |
| district is located under Section 3-14.22 or are issued for |
7 |
| the purpose of
increasing the size of, or providing for |
8 |
| additional functions in, the new
school building being |
9 |
| constructed to replace a school building closed as the
|
10 |
| result of mine subsidence damage, or both such purposes.
|
11 |
| (e) Notwithstanding the debt limitation prescribed in |
12 |
| subsection (a) of
this Section, a school district that meets |
13 |
| all the criteria set forth in
paragraphs (1) through (5) of |
14 |
| this subsection (e) may, without referendum,
incur an |
15 |
| additional indebtedness in an amount not to exceed the lesser |
16 |
| of
$5,000,000 or 1.5% of the value of the taxable property |
17 |
| within the district
even though the amount of the additional |
18 |
| indebtedness authorized by this
subsection (e), when incurred |
19 |
| and added to the aggregate amount of indebtedness
of the |
20 |
| district existing immediately prior to the district incurring |
21 |
| that
additional indebtedness, causes the aggregate |
22 |
| indebtedness of the district to
exceed or increases the amount |
23 |
| by which the aggregate indebtedness of the
district already |
24 |
| exceeds the debt limitation otherwise applicable to that
|
25 |
| district under subsection (a):
|
26 |
| (1) The State Board of Education certifies the school |
27 |
| district under
Section 19-1.5 as a financially distressed |
28 |
| district.
|
29 |
| (2) The additional indebtedness authorized by this |
30 |
| subsection (e) is
incurred by the financially distressed |
31 |
| district during the school year or
school years in which |
32 |
| the certification of the district as a financially
|
33 |
| distressed district continues in effect through the |
34 |
| issuance of bonds for the
lawful school purposes of the |
35 |
| district, pursuant to resolution of the school
board and |
36 |
| without referendum, as provided in paragraph (5) of this |
|
|
|
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|
|
1 |
| subsection.
|
2 |
| (3) The aggregate amount of bonds issued by the |
3 |
| financially distressed
district during a fiscal year in |
4 |
| which it is authorized to issue bonds under
this subsection |
5 |
| does not exceed the amount by which the aggregate |
6 |
| expenditures
of the district for operational purposes |
7 |
| during the immediately preceding
fiscal year exceeds the |
8 |
| amount appropriated for the operational
purposes of the |
9 |
| district in the annual school budget adopted by the school
|
10 |
| board of the district for the fiscal year in which the |
11 |
| bonds are issued.
|
12 |
| (4) Throughout each fiscal year in which certification |
13 |
| of the district as
a financially distressed district |
14 |
| continues in effect, the district maintains
in effect a |
15 |
| gross salary expense and gross wage expense freeze policy |
16 |
| under
which the district expenditures for total employee |
17 |
| salaries and wages do not
exceed such expenditures for the |
18 |
| immediately preceding fiscal year. Nothing in
this |
19 |
| paragraph, however, shall be deemed to impair or to require |
20 |
| impairment of
the contractual obligations, including |
21 |
| collective bargaining agreements, of the
district or to |
22 |
| impair or require the impairment of the vested rights of |
23 |
| any
employee of the district under the terms of any |
24 |
| contract or agreement in effect
on the effective date of |
25 |
| this amendatory Act of 1994.
|
26 |
| (5) Bonds issued by the financially distressed |
27 |
| district under this
subsection shall bear interest at a |
28 |
| rate not to exceed the maximum rate
authorized by law at |
29 |
| the time of the making of the contract, shall mature
within |
30 |
| 40 years from their date of issue, and shall be signed by |
31 |
| the president
of the school board and treasurer of the |
32 |
| school district. In order to issue
bonds under this |
33 |
| subsection, the school board shall adopt a resolution |
34 |
| fixing
the amount of the bonds, the
date of the bonds, the |
35 |
| maturities of the bonds, the rates of interest of the
|
36 |
| bonds, and their place of payment and denomination, and |
|
|
|
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LRB094 16461 NHT 51721 b |
|
|
1 |
| shall provide
for the levy and collection of a direct |
2 |
| annual tax upon all the taxable
property in the district |
3 |
| sufficient to pay the principal and interest on the
bonds |
4 |
| to maturity. Upon the filing in the office of the county |
5 |
| clerk of the
county in which the financially
distressed |
6 |
| district is located of a certified copy of the resolution, |
7 |
| it is the
duty of the county clerk to extend the tax |
8 |
| therefor in addition to and in
excess of all other taxes at |
9 |
| any time authorized to be levied by the district.
If bond |
10 |
| proceeds from the sale of bonds include a premium or if the |
11 |
| proceeds of
the bonds are invested as authorized by law, |
12 |
| the school board shall determine
by resolution whether the |
13 |
| interest earned on the investment of bond proceeds or
the |
14 |
| premium realized on the sale of the bonds is to be used for |
15 |
| any of the
lawful school purposes for which the bonds were |
16 |
| issued or for the payment of
the principal indebtedness and |
17 |
| interest on the bonds. The proceeds of the bond
sale shall |
18 |
| be deposited in the educational purposes fund of the |
19 |
| district and
shall be used to pay operational expenses of |
20 |
| the district. This subsection is
cumulative and |
21 |
| constitutes complete authority for the issuance of bonds as
|
22 |
| provided in this subsection, notwithstanding any other law |
23 |
| to the contrary.
|
24 |
| (f) Notwithstanding the provisions of subsection (a) of |
25 |
| this Section or of
any other law, bonds in not to exceed the |
26 |
| aggregate amount of $5,500,000 and
issued by a school district |
27 |
| meeting the following criteria shall not be
considered |
28 |
| indebtedness for purposes of any statutory limitation and may |
29 |
| be
issued in an amount or amounts, including existing |
30 |
| indebtedness, in excess of
any heretofore or hereafter imposed |
31 |
| statutory limitation as to indebtedness:
|
32 |
| (1) At the time of the sale of such bonds, the board of |
33 |
| education of the
district shall have determined by |
34 |
| resolution that the enrollment of students in
the district |
35 |
| is projected to increase by not less than 7% during each of |
36 |
| the
next succeeding 2 school years.
|
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| (2) The board of education shall also determine by |
2 |
| resolution that the
improvements to be financed with the |
3 |
| proceeds of the bonds are needed because
of the projected |
4 |
| enrollment increases.
|
5 |
| (3) The board of education shall also determine by |
6 |
| resolution that the
projected increases in enrollment are |
7 |
| the result of improvements made or
expected to be made to |
8 |
| passenger rail facilities located in the school
district.
|
9 |
| Notwithstanding the provisions of subsection (a) of this |
10 |
| Section or of any other law, a school district that has availed |
11 |
| itself of the provisions of this subsection (f) prior to July |
12 |
| 22, 2004 (the effective date of Public Act 93-799) may also |
13 |
| issue bonds approved by referendum up to an amount, including |
14 |
| existing indebtedness, not exceeding 25% of the equalized |
15 |
| assessed value of the taxable property in the district if all |
16 |
| of the conditions set forth in items (1), (2), and (3) of this |
17 |
| subsection (f) are met.
|
18 |
| (g) Notwithstanding the provisions of subsection (a) of |
19 |
| this Section or any
other law, bonds in not to exceed an |
20 |
| aggregate amount of 25% of the equalized
assessed value of the |
21 |
| taxable property of a school district and issued by a
school |
22 |
| district meeting the criteria in paragraphs (i) through (iv) of |
23 |
| this
subsection shall not be considered indebtedness for |
24 |
| purposes of any statutory
limitation and may be issued pursuant |
25 |
| to resolution of the school board in an
amount or amounts, |
26 |
| including existing indebtedness, in
excess of any statutory |
27 |
| limitation of indebtedness heretofore or hereafter
imposed:
|
28 |
| (i) The bonds are issued for the purpose of |
29 |
| constructing a new high school
building to replace two |
30 |
| adjacent existing buildings which together house a
single |
31 |
| high school, each of which is more than 65 years old, and |
32 |
| which together
are located on more than 10 acres and less |
33 |
| than 11 acres of property.
|
34 |
| (ii) At the time the resolution authorizing the |
35 |
| issuance of the bonds is
adopted, the cost of constructing |
36 |
| a new school building to replace the existing
school |
|
|
|
SB2795 Engrossed |
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|
|
1 |
| building is less than 60% of the cost of repairing the |
2 |
| existing school
building.
|
3 |
| (iii) The sale of the bonds occurs before July 1, 1997.
|
4 |
| (iv) The school district issuing the bonds is a unit |
5 |
| school district
located in a county of less than 70,000 and |
6 |
| more than 50,000 inhabitants,
which has an average daily |
7 |
| attendance of less than 1,500 and an equalized
assessed |
8 |
| valuation of less than $29,000,000.
|
9 |
| (h) Notwithstanding any other provisions of this Section or |
10 |
| the
provisions of any other law, until January 1, 1998, a |
11 |
| community unit school
district maintaining grades K through 12 |
12 |
| may issue bonds up to an amount,
including existing |
13 |
| indebtedness, not exceeding 27.6% of the equalized assessed
|
14 |
| value of the taxable property in the district, if all of the |
15 |
| following
conditions are met:
|
16 |
| (i) The school district has an equalized assessed |
17 |
| valuation for calendar
year 1995 of less than $24,000,000;
|
18 |
| (ii) The bonds are issued for the capital improvement, |
19 |
| renovation,
rehabilitation, or replacement of existing |
20 |
| school buildings of the district,
all of which buildings |
21 |
| were originally constructed not less than 40 years ago;
|
22 |
| (iii) The voters of the district approve a proposition |
23 |
| for the issuance of
the bonds at a referendum held after |
24 |
| March 19, 1996; and
|
25 |
| (iv) The bonds are issued pursuant to Sections 19-2 |
26 |
| through 19-7 of this
Code.
|
27 |
| (i) Notwithstanding any other provisions of this Section or |
28 |
| the provisions
of any other law, until January 1, 1998, a |
29 |
| community unit school district
maintaining grades K through 12 |
30 |
| may issue bonds up to an amount, including
existing |
31 |
| indebtedness, not exceeding 27% of the equalized assessed value |
32 |
| of the
taxable property in the district, if all of the |
33 |
| following conditions are met:
|
34 |
| (i) The school district has an equalized assessed |
35 |
| valuation for calendar
year 1995 of less than $44,600,000;
|
36 |
| (ii) The bonds are issued for the capital improvement, |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| renovation,
rehabilitation, or replacement
of existing |
2 |
| school buildings of the district, all of which
existing |
3 |
| buildings were originally constructed not less than 80 |
4 |
| years ago;
|
5 |
| (iii) The voters of the district approve a proposition |
6 |
| for the issuance of
the bonds at a referendum held after |
7 |
| December 31, 1996; and
|
8 |
| (iv) The bonds are issued pursuant to Sections 19-2 |
9 |
| through 19-7 of this
Code.
|
10 |
| (j) Notwithstanding any other provisions of this Section or |
11 |
| the
provisions of any other law, until January 1, 1999, a |
12 |
| community unit school
district maintaining grades K through 12 |
13 |
| may issue bonds up to an amount,
including existing |
14 |
| indebtedness, not exceeding 27% of the equalized assessed
value |
15 |
| of the taxable property in the district if all of the following
|
16 |
| conditions are met:
|
17 |
| (i) The school district has an equalized assessed |
18 |
| valuation for calendar
year 1995 of less than $140,000,000 |
19 |
| and a best 3 months
average daily
attendance for the |
20 |
| 1995-96 school year of at least 2,800;
|
21 |
| (ii) The bonds are issued to purchase a site and build |
22 |
| and equip a new
high school, and the school district's |
23 |
| existing high school was originally
constructed not less |
24 |
| than 35
years prior to the sale of the bonds;
|
25 |
| (iii) At the time of the sale of the bonds, the board |
26 |
| of education
determines
by resolution that a new high |
27 |
| school is needed because of projected enrollment
|
28 |
| increases;
|
29 |
| (iv) At least 60% of those voting in an election held
|
30 |
| after December 31, 1996 approve a proposition
for the |
31 |
| issuance of
the bonds; and
|
32 |
| (v) The bonds are issued pursuant to Sections 19-2 |
33 |
| through
19-7 of this Code.
|
34 |
| (k) Notwithstanding the debt limitation prescribed in |
35 |
| subsection (a) of
this Section, a school district that meets |
36 |
| all the criteria set forth in
paragraphs (1) through (4) of |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| this subsection (k) may issue bonds to incur an
additional |
2 |
| indebtedness in an amount not to exceed $4,000,000 even though |
3 |
| the
amount of the additional indebtedness authorized by this |
4 |
| subsection (k), when
incurred and added to the aggregate amount |
5 |
| of indebtedness of the school
district existing immediately |
6 |
| prior to the school district incurring such
additional |
7 |
| indebtedness, causes the aggregate indebtedness of the school
|
8 |
| district to exceed or increases the amount by which the |
9 |
| aggregate indebtedness
of the district already exceeds the debt |
10 |
| limitation otherwise applicable to
that school district under |
11 |
| subsection (a):
|
12 |
| (1) the school district is located in 2 counties, and a |
13 |
| referendum to
authorize the additional indebtedness was |
14 |
| approved by a majority of the voters
of the school district |
15 |
| voting on the proposition to authorize that
indebtedness;
|
16 |
| (2) the additional indebtedness is for the purpose of |
17 |
| financing a
multi-purpose room addition to the existing |
18 |
| high school;
|
19 |
| (3) the additional indebtedness, together with the |
20 |
| existing indebtedness
of the school district, shall not |
21 |
| exceed 17.4% of the value of the taxable
property in the |
22 |
| school district, to be ascertained by the last assessment |
23 |
| for
State and county taxes; and
|
24 |
| (4) the bonds evidencing the additional indebtedness |
25 |
| are issued, if at
all, within 120 days of the effective |
26 |
| date of this amendatory Act of 1998.
|
27 |
| (l) Notwithstanding any other provisions of this Section or |
28 |
| the
provisions of any other law, until January 1, 2000, a |
29 |
| school district
maintaining grades kindergarten through 8 may |
30 |
| issue bonds up to an amount,
including existing indebtedness, |
31 |
| not exceeding 15% of the equalized assessed
value of the |
32 |
| taxable property in the district if all of the following
|
33 |
| conditions are met:
|
34 |
| (i) the district has an equalized assessed valuation |
35 |
| for calendar year
1996 of less than $10,000,000;
|
36 |
| (ii) the bonds are issued for capital improvement, |
|
|
|
SB2795 Engrossed |
- 176 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| renovation,
rehabilitation, or replacement of one or more |
2 |
| school buildings of the district,
which buildings were |
3 |
| originally constructed not less than 70 years ago;
|
4 |
| (iii) the voters of the district approve a proposition |
5 |
| for the issuance of
the bonds at a referendum held on or |
6 |
| after March 17, 1998; and
|
7 |
| (iv) the bonds are issued pursuant to Sections 19-2 |
8 |
| through 19-7 of this
Code.
|
9 |
| (m) Notwithstanding any other provisions of this Section or |
10 |
| the provisions
of
any other law, until January 1, 1999, an |
11 |
| elementary school district maintaining
grades K through 8 may |
12 |
| issue bonds up to an amount, excluding existing
indebtedness, |
13 |
| not exceeding 18% of the equalized assessed value of the |
14 |
| taxable
property in the district, if all of the following |
15 |
| conditions are met:
|
16 |
| (i) The school district has an equalized assessed |
17 |
| valuation for calendar
year 1995 or less than $7,700,000;
|
18 |
| (ii) The school district operates 2 elementary |
19 |
| attendance centers that
until
1976 were operated as the |
20 |
| attendance centers of 2 separate and distinct school
|
21 |
| districts;
|
22 |
| (iii) The bonds are issued for the construction of a |
23 |
| new elementary school
building to replace an existing |
24 |
| multi-level elementary school building of the
school |
25 |
| district that is not handicapped accessible at all levels |
26 |
| and parts of
which were constructed more than 75 years ago;
|
27 |
| (iv) The voters of the school district approve a |
28 |
| proposition for the
issuance of the bonds at a referendum |
29 |
| held after July 1, 1998; and
|
30 |
| (v) The bonds are issued pursuant to Sections 19-2 |
31 |
| through 19-7 of this
Code.
|
32 |
| (n) Notwithstanding the debt limitation prescribed in |
33 |
| subsection (a) of
this Section or any other provisions of this |
34 |
| Section or of any other law, a
school district that meets all |
35 |
| of the criteria set forth in paragraphs (i)
through (vi) of |
36 |
| this subsection (n) may incur additional indebtedness by the
|
|
|
|
SB2795 Engrossed |
- 177 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| issuance of bonds in an amount not exceeding the amount |
2 |
| certified by the
Capital Development Board to the school |
3 |
| district as provided in paragraph (iii)
of
this subsection (n), |
4 |
| even though the amount of the additional indebtedness so
|
5 |
| authorized, when incurred and added to the aggregate amount of |
6 |
| indebtedness of
the district existing immediately prior to the |
7 |
| district incurring the
additional indebtedness authorized by |
8 |
| this subsection (n), causes the aggregate
indebtedness of the |
9 |
| district to exceed the debt limitation otherwise applicable
by |
10 |
| law to that district:
|
11 |
| (i) The school district applies to the State Board of |
12 |
| Education for a
school construction project grant and |
13 |
| submits a district facilities plan in
support
of its |
14 |
| application pursuant to Section 5-20 of
the School |
15 |
| Construction Law.
|
16 |
| (ii) The school district's application and facilities |
17 |
| plan are approved
by,
and the district receives a grant |
18 |
| entitlement for a school construction project
issued by, |
19 |
| the State Board of Education under the School Construction |
20 |
| Law.
|
21 |
| (iii) The school district has exhausted its bonding |
22 |
| capacity or the unused
bonding capacity of the district is |
23 |
| less than the amount certified by the
Capital Development |
24 |
| Board to the district under Section 5-15 of the School
|
25 |
| Construction Law as the dollar amount of the school |
26 |
| construction project's cost
that the district will be |
27 |
| required to finance with non-grant funds in order to
|
28 |
| receive a school construction project grant under the |
29 |
| School Construction Law.
|
30 |
| (iv) The bonds are issued for a "school construction |
31 |
| project", as that
term is defined in Section 5-5 of the |
32 |
| School Construction Law, in an amount
that does not exceed |
33 |
| the dollar amount certified, as provided in paragraph
(iii) |
34 |
| of this subsection (n), by the Capital Development Board
to |
35 |
| the school
district under Section 5-15 of the School |
36 |
| Construction Law.
|
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| (v) The voters of the district approve a proposition |
2 |
| for the issuance of
the bonds at a referendum held after |
3 |
| the criteria specified in paragraphs (i)
and (iii) of this |
4 |
| subsection (n) are met.
|
5 |
| (vi) The bonds are issued pursuant to Sections 19-2 |
6 |
| through 19-7 of the
School Code.
|
7 |
| (o) Notwithstanding any other provisions of this Section or |
8 |
| the
provisions of any other law, until November 1, 2007, a |
9 |
| community unit
school district maintaining grades K through 12 |
10 |
| may issue bonds up to
an amount, including existing |
11 |
| indebtedness, not exceeding 20% of the
equalized assessed value |
12 |
| of the taxable property in the district if all of the
following |
13 |
| conditions are met:
|
14 |
| (i) the school district has an equalized assessed |
15 |
| valuation
for calendar year 2001 of at least $737,000,000 |
16 |
| and an enrollment
for the 2002-2003 school year of at least |
17 |
| 8,500;
|
18 |
| (ii) the bonds are issued to purchase school sites, |
19 |
| build and
equip a new high school, build and equip a new |
20 |
| junior high school,
build and equip 5 new elementary |
21 |
| schools, and make technology
and other improvements and |
22 |
| additions to existing schools;
|
23 |
| (iii) at the time of the sale of the bonds, the board |
24 |
| of
education determines by resolution that the sites and |
25 |
| new or
improved facilities are needed because of projected |
26 |
| enrollment
increases;
|
27 |
| (iv) at least 57% of those voting in a general election |
28 |
| held
prior to January 1, 2003 approved a proposition for |
29 |
| the issuance of
the bonds; and
|
30 |
| (v) the bonds are issued pursuant to Sections 19-2 |
31 |
| through
19-7 of this Code.
|
32 |
| (p) Notwithstanding any other provisions of this Section or |
33 |
| the provisions of any other law, a community unit school |
34 |
| district maintaining grades K through 12 may issue bonds up to |
35 |
| an amount, including indebtedness, not exceeding 27% of the |
36 |
| equalized assessed value of the taxable property in the |
|
|
|
SB2795 Engrossed |
- 179 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| district if all of the following conditions are met: |
2 |
| (i) The school district has an equalized assessed |
3 |
| valuation for calendar year 2001 of at least $295,741,187 |
4 |
| and a best 3 months' average daily attendance for the |
5 |
| 2002-2003 school year of at least 2,394. |
6 |
| (ii) The bonds are issued to build and equip 3 |
7 |
| elementary school buildings; build and equip one middle |
8 |
| school building; and alter, repair, improve, and equip all |
9 |
| existing school buildings in the district. |
10 |
| (iii) At the time of the sale of the bonds, the board |
11 |
| of education determines by resolution that the project is |
12 |
| needed because of expanding growth in the school district |
13 |
| and a projected enrollment increase. |
14 |
| (iv) The bonds are issued pursuant to Sections 19-2 |
15 |
| through 19-7 of this Code.
|
16 |
| (p-5) Notwithstanding any other provisions of this Section |
17 |
| or the provisions of any other law, bonds issued by a community |
18 |
| unit school district maintaining grades K through 12 shall not |
19 |
| be considered indebtedness for purposes of any statutory |
20 |
| limitation and may be issued in an amount or amounts, including |
21 |
| existing indebtedness, in excess of any heretofore or hereafter |
22 |
| imposed statutory limitation as to indebtedness, if all of the |
23 |
| following conditions are met: |
24 |
| (i) For each of the 4 most recent years, residential |
25 |
| property comprises more than 80% of the equalized assessed |
26 |
| valuation of the district. |
27 |
| (ii) At least 2 school buildings that were constructed |
28 |
| 40 or more years prior to the issuance of the bonds will be |
29 |
| demolished and will be replaced by new buildings or |
30 |
| additions to one or more existing buildings. |
31 |
| (iii) Voters of the district approve a proposition for |
32 |
| the issuance of the bonds at a regularly scheduled |
33 |
| election. |
34 |
| (iv) At the time of the sale of the bonds, the school |
35 |
| board determines by resolution that the new buildings or |
36 |
| building additions are needed because of an increase in |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| enrollment projected by the school board. |
2 |
| (v) The principal amount of the bonds, including |
3 |
| existing indebtedness, does not exceed 25% of the equalized |
4 |
| assessed value of the taxable property in the district. |
5 |
| (vi) The bonds are issued prior to January 1, 2007, |
6 |
| pursuant to Sections 19-2 through 19-7 of this Code.
|
7 |
| (Source: P.A. 93-13, eff. 6-9-03; 93-799, eff. 7-22-04; |
8 |
| 93-1045, eff. 10-15-04; 94-721, eff. 1-6-06.)
|
9 |
| (Text of Section after amendment by P.A. 94-234 )
|
10 |
| Sec. 19-1. Debt limitations of school districts.
|
11 |
| (a) School districts shall not be subject to the provisions |
12 |
| limiting their
indebtedness prescribed in "An Act to limit the |
13 |
| indebtedness of counties having
a population of less than |
14 |
| 500,000 and townships, school districts and other
municipal |
15 |
| corporations having a population of less than 300,000", |
16 |
| approved
February 15, 1928, as amended.
|
17 |
| No school districts maintaining grades K through 8 or 9 |
18 |
| through 12
shall become indebted in any manner or for any |
19 |
| purpose to an amount,
including existing indebtedness, in the |
20 |
| aggregate exceeding 6.9% on the
value of the taxable property |
21 |
| therein to be ascertained by the last assessment
for State and |
22 |
| county taxes or, until January 1, 1983, if greater, the sum |
23 |
| that
is produced by multiplying the school district's 1978 |
24 |
| equalized assessed
valuation by the debt limitation percentage |
25 |
| in effect on January 1, 1979,
previous to the incurring of such |
26 |
| indebtedness.
|
27 |
| No school districts maintaining grades K through 12 shall |
28 |
| become
indebted in any manner or for any purpose to an amount, |
29 |
| including
existing indebtedness, in the aggregate exceeding |
30 |
| 13.8% on the value of
the taxable property therein to be |
31 |
| ascertained by the last assessment
for State and county taxes |
32 |
| or, until January 1, 1983, if greater, the sum that
is produced |
33 |
| by multiplying the school district's 1978 equalized assessed
|
34 |
| valuation by the debt limitation percentage in effect on |
35 |
| January 1, 1979,
previous to the incurring of such |
|
|
|
SB2795 Engrossed |
- 181 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| indebtedness.
|
2 |
| No partial elementary unit district, as defined in Article |
3 |
| 11E of this Code, shall become indebted in any manner or for |
4 |
| any purpose in an amount, including existing indebtedness, in |
5 |
| the aggregate exceeding 6.9% of the value of the taxable |
6 |
| property of the entire district, to be ascertained by the last |
7 |
| assessment for State and county taxes, plus an amount, |
8 |
| including existing indebtedness, in the aggregate exceeding |
9 |
| 6.9% of the value of the taxable property of that portion of |
10 |
| the district included in the elementary and high school |
11 |
| classification, to be ascertained by the last assessment for |
12 |
| State and county taxes. Moreover, no partial elementary unit |
13 |
| district, as defined in Article 11E of this Code, shall become |
14 |
| indebted on account of bonds issued by the district for high |
15 |
| school purposes in the aggregate exceeding 6.9% of the value of |
16 |
| the taxable property of the entire district, to be ascertained |
17 |
| by the last assessment for State and county taxes, nor shall |
18 |
| the district become indebted on account of bonds issued by the |
19 |
| district for elementary purposes in the aggregate exceeding |
20 |
| 6.9% of the value of the taxable property for that portion of |
21 |
| the district included in the elementary and high school |
22 |
| classification, to be ascertained by the last assessment for |
23 |
| State and county taxes.
|
24 |
| Notwithstanding the provisions of any other law to the |
25 |
| contrary, in any
case in which the voters of a school district |
26 |
| have approved a proposition
for the issuance of bonds of such |
27 |
| school district at an election held prior
to January 1, 1979, |
28 |
| and all of the bonds approved at such election have
not been |
29 |
| issued, the debt limitation applicable to such school district
|
30 |
| during the calendar year 1979 shall be computed by multiplying |
31 |
| the value
of taxable property therein, including personal |
32 |
| property, as ascertained
by the last assessment for State and |
33 |
| county taxes, previous to the incurring
of such indebtedness, |
34 |
| by the percentage limitation applicable to such school
district |
35 |
| under the provisions of this subsection (a).
|
36 |
| (b) Notwithstanding the debt limitation prescribed in |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| subsection (a)
of this Section, additional indebtedness may be |
2 |
| incurred in an amount
not to exceed the estimated cost of |
3 |
| acquiring or improving school sites
or constructing and |
4 |
| equipping additional building facilities under the
following |
5 |
| conditions:
|
6 |
| (1) Whenever the enrollment of students for the next |
7 |
| school year is
estimated by the board of education to |
8 |
| increase over the actual present
enrollment by not less |
9 |
| than 35% or by not less than 200 students or the
actual |
10 |
| present enrollment of students has increased over the |
11 |
| previous
school year by not less than 35% or by not less |
12 |
| than 200 students and
the board of education determines |
13 |
| that additional school sites or
building facilities are |
14 |
| required as a result of such increase in
enrollment; and
|
15 |
| (2) When the Regional Superintendent of Schools having |
16 |
| jurisdiction
over the school district and the State |
17 |
| Superintendent of Education
concur in such enrollment |
18 |
| projection or increase and approve the need
for such |
19 |
| additional school sites or building facilities and the
|
20 |
| estimated cost thereof; and
|
21 |
| (3) When the voters in the school district approve a |
22 |
| proposition for
the issuance of bonds for the purpose of |
23 |
| acquiring or improving such
needed school sites or |
24 |
| constructing and equipping such needed additional
building |
25 |
| facilities at an election called and held for that purpose.
|
26 |
| Notice of such an election shall state that the amount of |
27 |
| indebtedness
proposed to be incurred would exceed the debt |
28 |
| limitation otherwise
applicable to the school district. |
29 |
| The ballot for such proposition
shall state what percentage |
30 |
| of the equalized assessed valuation will be
outstanding in |
31 |
| bonds if the proposed issuance of bonds is approved by
the |
32 |
| voters; or
|
33 |
| (4) Notwithstanding the provisions of paragraphs (1) |
34 |
| through (3) of
this subsection (b), if the school board |
35 |
| determines that additional
facilities are needed to |
36 |
| provide a quality educational program and not
less than 2/3 |
|
|
|
SB2795 Engrossed |
- 183 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| of those voting in an election called by the school board
|
2 |
| on the question approve the issuance of bonds for the |
3 |
| construction of
such facilities, the school district may |
4 |
| issue bonds for this
purpose; or
|
5 |
| (5) Notwithstanding the provisions of paragraphs (1) |
6 |
| through (3) of this
subsection (b), if (i) the school |
7 |
| district has previously availed itself of the
provisions of |
8 |
| paragraph (4) of this subsection (b) to enable it to issue |
9 |
| bonds,
(ii) the voters of the school district have not |
10 |
| defeated a proposition for the
issuance of bonds since the |
11 |
| referendum described in paragraph (4) of this
subsection |
12 |
| (b) was held, (iii) the school board determines that |
13 |
| additional
facilities are needed to provide a quality |
14 |
| educational program, and (iv) a
majority of those voting in |
15 |
| an election called by the school board on the
question |
16 |
| approve the issuance of bonds for the construction of such |
17 |
| facilities,
the school district may issue bonds for this |
18 |
| purpose.
|
19 |
| In no event shall the indebtedness incurred pursuant to |
20 |
| this
subsection (b) and the existing indebtedness of the school |
21 |
| district
exceed 15% of the value of the taxable property |
22 |
| therein to be
ascertained by the last assessment for State and |
23 |
| county taxes, previous
to the incurring of such indebtedness |
24 |
| or, until January 1, 1983, if greater,
the sum that is produced |
25 |
| by multiplying the school district's 1978 equalized
assessed |
26 |
| valuation by the debt limitation percentage in effect on |
27 |
| January 1,
1979.
|
28 |
| The indebtedness provided for by this subsection (b) shall |
29 |
| be in
addition to and in excess of any other debt limitation.
|
30 |
| (c) Notwithstanding the debt limitation prescribed in |
31 |
| subsection (a)
of this Section, in any case in which a public |
32 |
| question for the issuance
of bonds of a proposed school |
33 |
| district maintaining grades kindergarten
through 12 received |
34 |
| at least 60% of the valid ballots cast on the question at
an |
35 |
| election held on or prior to November 8, 1994, and in which the |
36 |
| bonds
approved at such election have not been issued, the |
|
|
|
SB2795 Engrossed |
- 184 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| school district pursuant to
the requirements of Section 11A-10 |
2 |
| (now repealed) may issue the total amount of bonds approved
at |
3 |
| such election for the purpose stated in the question.
|
4 |
| (d) Notwithstanding the debt limitation prescribed in |
5 |
| subsection (a)
of this Section, a school district that meets |
6 |
| all the criteria set forth in
paragraphs (1) and (2) of this |
7 |
| subsection (d) may incur an additional
indebtedness in an |
8 |
| amount not to exceed $4,500,000, even though the amount of
the |
9 |
| additional indebtedness authorized by this subsection (d), |
10 |
| when incurred
and added to the aggregate amount of indebtedness |
11 |
| of the district existing
immediately prior to the district |
12 |
| incurring the additional indebtedness
authorized by this |
13 |
| subsection (d), causes the aggregate indebtedness of the
|
14 |
| district to exceed the debt limitation otherwise applicable to |
15 |
| that district
under subsection (a):
|
16 |
| (1) The additional indebtedness authorized by this |
17 |
| subsection (d) is
incurred by the school district through |
18 |
| the issuance of bonds under and in
accordance with Section |
19 |
| 17-2.11a for the purpose of replacing a school
building |
20 |
| which, because of mine subsidence damage, has been closed |
21 |
| as provided
in paragraph (2) of this subsection (d) or |
22 |
| through the issuance of bonds under
and in accordance with |
23 |
| Section 19-3 for the purpose of increasing the size of,
or |
24 |
| providing for additional functions in, such replacement |
25 |
| school buildings, or
both such purposes.
|
26 |
| (2) The bonds issued by the school district as provided |
27 |
| in paragraph (1)
above are issued for the purposes of |
28 |
| construction by the school district of
a new school |
29 |
| building pursuant to Section 17-2.11, to replace an |
30 |
| existing
school building that, because of mine subsidence |
31 |
| damage, is closed as of the
end of the 1992-93 school year |
32 |
| pursuant to action of the regional
superintendent of |
33 |
| schools of the educational service region in which the
|
34 |
| district is located under Section 3-14.22 or are issued for |
35 |
| the purpose of
increasing the size of, or providing for |
36 |
| additional functions in, the new
school building being |
|
|
|
SB2795 Engrossed |
- 185 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| constructed to replace a school building closed as the
|
2 |
| result of mine subsidence damage, or both such purposes.
|
3 |
| (e) (Blank).
|
4 |
| (f) Notwithstanding the provisions of subsection (a) of |
5 |
| this Section or of
any other law, bonds in not to exceed the |
6 |
| aggregate amount of $5,500,000 and
issued by a school district |
7 |
| meeting the following criteria shall not be
considered |
8 |
| indebtedness for purposes of any statutory limitation and may |
9 |
| be
issued in an amount or amounts, including existing |
10 |
| indebtedness, in excess of
any heretofore or hereafter imposed |
11 |
| statutory limitation as to indebtedness:
|
12 |
| (1) At the time of the sale of such bonds, the board of |
13 |
| education of the
district shall have determined by |
14 |
| resolution that the enrollment of students in
the district |
15 |
| is projected to increase by not less than 7% during each of |
16 |
| the
next succeeding 2 school years.
|
17 |
| (2) The board of education shall also determine by |
18 |
| resolution that the
improvements to be financed with the |
19 |
| proceeds of the bonds are needed because
of the projected |
20 |
| enrollment increases.
|
21 |
| (3) The board of education shall also determine by |
22 |
| resolution that the
projected increases in enrollment are |
23 |
| the result of improvements made or
expected to be made to |
24 |
| passenger rail facilities located in the school
district.
|
25 |
| Notwithstanding the provisions of subsection (a) of this |
26 |
| Section or of any other law, a school district that has availed |
27 |
| itself of the provisions of this subsection (f) prior to July |
28 |
| 22, 2004 (the effective date of Public Act 93-799) may also |
29 |
| issue bonds approved by referendum up to an amount, including |
30 |
| existing indebtedness, not exceeding 25% of the equalized |
31 |
| assessed value of the taxable property in the district if all |
32 |
| of the conditions set forth in items (1), (2), and (3) of this |
33 |
| subsection (f) are met.
|
34 |
| (g) Notwithstanding the provisions of subsection (a) of |
35 |
| this Section or any
other law, bonds in not to exceed an |
36 |
| aggregate amount of 25% of the equalized
assessed value of the |
|
|
|
SB2795 Engrossed |
- 186 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| taxable property of a school district and issued by a
school |
2 |
| district meeting the criteria in paragraphs (i) through (iv) of |
3 |
| this
subsection shall not be considered indebtedness for |
4 |
| purposes of any statutory
limitation and may be issued pursuant |
5 |
| to resolution of the school board in an
amount or amounts, |
6 |
| including existing indebtedness, in
excess of any statutory |
7 |
| limitation of indebtedness heretofore or hereafter
imposed:
|
8 |
| (i) The bonds are issued for the purpose of |
9 |
| constructing a new high school
building to replace two |
10 |
| adjacent existing buildings which together house a
single |
11 |
| high school, each of which is more than 65 years old, and |
12 |
| which together
are located on more than 10 acres and less |
13 |
| than 11 acres of property.
|
14 |
| (ii) At the time the resolution authorizing the |
15 |
| issuance of the bonds is
adopted, the cost of constructing |
16 |
| a new school building to replace the existing
school |
17 |
| building is less than 60% of the cost of repairing the |
18 |
| existing school
building.
|
19 |
| (iii) The sale of the bonds occurs before July 1, 1997.
|
20 |
| (iv) The school district issuing the bonds is a unit |
21 |
| school district
located in a county of less than 70,000 and |
22 |
| more than 50,000 inhabitants,
which has an average daily |
23 |
| attendance of less than 1,500 and an equalized
assessed |
24 |
| valuation of less than $29,000,000.
|
25 |
| (h) Notwithstanding any other provisions of this Section or |
26 |
| the
provisions of any other law, until January 1, 1998, a |
27 |
| community unit school
district maintaining grades K through 12 |
28 |
| may issue bonds up to an amount,
including existing |
29 |
| indebtedness, not exceeding 27.6% of the equalized assessed
|
30 |
| value of the taxable property in the district, if all of the |
31 |
| following
conditions are met:
|
32 |
| (i) The school district has an equalized assessed |
33 |
| valuation for calendar
year 1995 of less than $24,000,000;
|
34 |
| (ii) The bonds are issued for the capital improvement, |
35 |
| renovation,
rehabilitation, or replacement of existing |
36 |
| school buildings of the district,
all of which buildings |
|
|
|
SB2795 Engrossed |
- 187 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| were originally constructed not less than 40 years ago;
|
2 |
| (iii) The voters of the district approve a proposition |
3 |
| for the issuance of
the bonds at a referendum held after |
4 |
| March 19, 1996; and
|
5 |
| (iv) The bonds are issued pursuant to Sections 19-2 |
6 |
| through 19-7 of this
Code.
|
7 |
| (i) Notwithstanding any other provisions of this Section or |
8 |
| the provisions
of any other law, until January 1, 1998, a |
9 |
| community unit school district
maintaining grades K through 12 |
10 |
| may issue bonds up to an amount, including
existing |
11 |
| indebtedness, not exceeding 27% of the equalized assessed value |
12 |
| of the
taxable property in the district, if all of the |
13 |
| following conditions are met:
|
14 |
| (i) The school district has an equalized assessed |
15 |
| valuation for calendar
year 1995 of less than $44,600,000;
|
16 |
| (ii) The bonds are issued for the capital improvement, |
17 |
| renovation,
rehabilitation, or replacement
of existing |
18 |
| school buildings of the district, all of which
existing |
19 |
| buildings were originally constructed not less than 80 |
20 |
| years ago;
|
21 |
| (iii) The voters of the district approve a proposition |
22 |
| for the issuance of
the bonds at a referendum held after |
23 |
| December 31, 1996; and
|
24 |
| (iv) The bonds are issued pursuant to Sections 19-2 |
25 |
| through 19-7 of this
Code.
|
26 |
| (j) Notwithstanding any other provisions of this Section or |
27 |
| the
provisions of any other law, until January 1, 1999, a |
28 |
| community unit school
district maintaining grades K through 12 |
29 |
| may issue bonds up to an amount,
including existing |
30 |
| indebtedness, not exceeding 27% of the equalized assessed
value |
31 |
| of the taxable property in the district if all of the following
|
32 |
| conditions are met:
|
33 |
| (i) The school district has an equalized assessed |
34 |
| valuation for calendar
year 1995 of less than $140,000,000 |
35 |
| and a best 3 months
average daily
attendance for the |
36 |
| 1995-96 school year of at least 2,800;
|
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| (ii) The bonds are issued to purchase a site and build |
2 |
| and equip a new
high school, and the school district's |
3 |
| existing high school was originally
constructed not less |
4 |
| than 35
years prior to the sale of the bonds;
|
5 |
| (iii) At the time of the sale of the bonds, the board |
6 |
| of education
determines
by resolution that a new high |
7 |
| school is needed because of projected enrollment
|
8 |
| increases;
|
9 |
| (iv) At least 60% of those voting in an election held
|
10 |
| after December 31, 1996 approve a proposition
for the |
11 |
| issuance of
the bonds; and
|
12 |
| (v) The bonds are issued pursuant to Sections 19-2 |
13 |
| through
19-7 of this Code.
|
14 |
| (k) Notwithstanding the debt limitation prescribed in |
15 |
| subsection (a) of
this Section, a school district that meets |
16 |
| all the criteria set forth in
paragraphs (1) through (4) of |
17 |
| this subsection (k) may issue bonds to incur an
additional |
18 |
| indebtedness in an amount not to exceed $4,000,000 even though |
19 |
| the
amount of the additional indebtedness authorized by this |
20 |
| subsection (k), when
incurred and added to the aggregate amount |
21 |
| of indebtedness of the school
district existing immediately |
22 |
| prior to the school district incurring such
additional |
23 |
| indebtedness, causes the aggregate indebtedness of the school
|
24 |
| district to exceed or increases the amount by which the |
25 |
| aggregate indebtedness
of the district already exceeds the debt |
26 |
| limitation otherwise applicable to
that school district under |
27 |
| subsection (a):
|
28 |
| (1) the school district is located in 2 counties, and a |
29 |
| referendum to
authorize the additional indebtedness was |
30 |
| approved by a majority of the voters
of the school district |
31 |
| voting on the proposition to authorize that
indebtedness;
|
32 |
| (2) the additional indebtedness is for the purpose of |
33 |
| financing a
multi-purpose room addition to the existing |
34 |
| high school;
|
35 |
| (3) the additional indebtedness, together with the |
36 |
| existing indebtedness
of the school district, shall not |
|
|
|
SB2795 Engrossed |
- 189 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| exceed 17.4% of the value of the taxable
property in the |
2 |
| school district, to be ascertained by the last assessment |
3 |
| for
State and county taxes; and
|
4 |
| (4) the bonds evidencing the additional indebtedness |
5 |
| are issued, if at
all, within 120 days of the effective |
6 |
| date of this amendatory Act of 1998.
|
7 |
| (l) Notwithstanding any other provisions of this Section or |
8 |
| the
provisions of any other law, until January 1, 2000, a |
9 |
| school district
maintaining grades kindergarten through 8 may |
10 |
| issue bonds up to an amount,
including existing indebtedness, |
11 |
| not exceeding 15% of the equalized assessed
value of the |
12 |
| taxable property in the district if all of the following
|
13 |
| conditions are met:
|
14 |
| (i) the district has an equalized assessed valuation |
15 |
| for calendar year
1996 of less than $10,000,000;
|
16 |
| (ii) the bonds are issued for capital improvement, |
17 |
| renovation,
rehabilitation, or replacement of one or more |
18 |
| school buildings of the district,
which buildings were |
19 |
| originally constructed not less than 70 years ago;
|
20 |
| (iii) the voters of the district approve a proposition |
21 |
| for the issuance of
the bonds at a referendum held on or |
22 |
| after March 17, 1998; and
|
23 |
| (iv) the bonds are issued pursuant to Sections 19-2 |
24 |
| through 19-7 of this
Code.
|
25 |
| (m) Notwithstanding any other provisions of this Section or |
26 |
| the provisions
of
any other law, until January 1, 1999, an |
27 |
| elementary school district maintaining
grades K through 8 may |
28 |
| issue bonds up to an amount, excluding existing
indebtedness, |
29 |
| not exceeding 18% of the equalized assessed value of the |
30 |
| taxable
property in the district, if all of the following |
31 |
| conditions are met:
|
32 |
| (i) The school district has an equalized assessed |
33 |
| valuation for calendar
year 1995 or less than $7,700,000;
|
34 |
| (ii) The school district operates 2 elementary |
35 |
| attendance centers that
until
1976 were operated as the |
36 |
| attendance centers of 2 separate and distinct school
|
|
|
|
SB2795 Engrossed |
- 190 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| districts;
|
2 |
| (iii) The bonds are issued for the construction of a |
3 |
| new elementary school
building to replace an existing |
4 |
| multi-level elementary school building of the
school |
5 |
| district that is not handicapped accessible at all levels |
6 |
| and parts of
which were constructed more than 75 years ago;
|
7 |
| (iv) The voters of the school district approve a |
8 |
| proposition for the
issuance of the bonds at a referendum |
9 |
| held after July 1, 1998; and
|
10 |
| (v) The bonds are issued pursuant to Sections 19-2 |
11 |
| through 19-7 of this
Code.
|
12 |
| (n) Notwithstanding the debt limitation prescribed in |
13 |
| subsection (a) of
this Section or any other provisions of this |
14 |
| Section or of any other law, a
school district that meets all |
15 |
| of the criteria set forth in paragraphs (i)
through (vi) of |
16 |
| this subsection (n) may incur additional indebtedness by the
|
17 |
| issuance of bonds in an amount not exceeding the amount |
18 |
| certified by the
Capital Development Board to the school |
19 |
| district as provided in paragraph (iii)
of
this subsection (n), |
20 |
| even though the amount of the additional indebtedness so
|
21 |
| authorized, when incurred and added to the aggregate amount of |
22 |
| indebtedness of
the district existing immediately prior to the |
23 |
| district incurring the
additional indebtedness authorized by |
24 |
| this subsection (n), causes the aggregate
indebtedness of the |
25 |
| district to exceed the debt limitation otherwise applicable
by |
26 |
| law to that district:
|
27 |
| (i) The school district applies to the State Board of |
28 |
| Education for a
school construction project grant and |
29 |
| submits a district facilities plan in
support
of its |
30 |
| application pursuant to Section 5-20 of
the School |
31 |
| Construction Law.
|
32 |
| (ii) The school district's application and facilities |
33 |
| plan are approved
by,
and the district receives a grant |
34 |
| entitlement for a school construction project
issued by, |
35 |
| the State Board of Education under the School Construction |
36 |
| Law.
|
|
|
|
SB2795 Engrossed |
- 191 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| (iii) The school district has exhausted its bonding |
2 |
| capacity or the unused
bonding capacity of the district is |
3 |
| less than the amount certified by the
Capital Development |
4 |
| Board to the district under Section 5-15 of the School
|
5 |
| Construction Law as the dollar amount of the school |
6 |
| construction project's cost
that the district will be |
7 |
| required to finance with non-grant funds in order to
|
8 |
| receive a school construction project grant under the |
9 |
| School Construction Law.
|
10 |
| (iv) The bonds are issued for a "school construction |
11 |
| project", as that
term is defined in Section 5-5 of the |
12 |
| School Construction Law, in an amount
that does not exceed |
13 |
| the dollar amount certified, as provided in paragraph
(iii) |
14 |
| of this subsection (n), by the Capital Development Board
to |
15 |
| the school
district under Section 5-15 of the School |
16 |
| Construction Law.
|
17 |
| (v) The voters of the district approve a proposition |
18 |
| for the issuance of
the bonds at a referendum held after |
19 |
| the criteria specified in paragraphs (i)
and (iii) of this |
20 |
| subsection (n) are met.
|
21 |
| (vi) The bonds are issued pursuant to Sections 19-2 |
22 |
| through 19-7 of the
School Code.
|
23 |
| (o) Notwithstanding any other provisions of this Section or |
24 |
| the
provisions of any other law, until November 1, 2007, a |
25 |
| community unit
school district maintaining grades K through 12 |
26 |
| may issue bonds up to
an amount, including existing |
27 |
| indebtedness, not exceeding 20% of the
equalized assessed value |
28 |
| of the taxable property in the district if all of the
following |
29 |
| conditions are met:
|
30 |
| (i) the school district has an equalized assessed |
31 |
| valuation
for calendar year 2001 of at least $737,000,000 |
32 |
| and an enrollment
for the 2002-2003 school year of at least |
33 |
| 8,500;
|
34 |
| (ii) the bonds are issued to purchase school sites, |
35 |
| build and
equip a new high school, build and equip a new |
36 |
| junior high school,
build and equip 5 new elementary |
|
|
|
SB2795 Engrossed |
- 192 - |
LRB094 16461 NHT 51721 b |
|
|
1 |
| schools, and make technology
and other improvements and |
2 |
| additions to existing schools;
|
3 |
| (iii) at the time of the sale of the bonds, the board |
4 |
| of
education determines by resolution that the sites and |
5 |
| new or
improved facilities are needed because of projected |
6 |
| enrollment
increases;
|
7 |
| (iv) at least 57% of those voting in a general election |
8 |
| held
prior to January 1, 2003 approved a proposition for |
9 |
| the issuance of
the bonds; and
|
10 |
| (v) the bonds are issued pursuant to Sections 19-2 |
11 |
| through
19-7 of this Code.
|
12 |
| (p) Notwithstanding any other provisions of this Section or |
13 |
| the provisions of any other law, a community unit school |
14 |
| district maintaining grades K through 12 may issue bonds up to |
15 |
| an amount, including indebtedness, not exceeding 27% of the |
16 |
| equalized assessed value of the taxable property in the |
17 |
| district if all of the following conditions are met: |
18 |
| (i) The school district has an equalized assessed |
19 |
| valuation for calendar year 2001 of at least $295,741,187 |
20 |
| and a best 3 months' average daily attendance for the |
21 |
| 2002-2003 school year of at least 2,394. |
22 |
| (ii) The bonds are issued to build and equip 3 |
23 |
| elementary school buildings; build and equip one middle |
24 |
| school building; and alter, repair, improve, and equip all |
25 |
| existing school buildings in the district. |
26 |
| (iii) At the time of the sale of the bonds, the board |
27 |
| of education determines by resolution that the project is |
28 |
| needed because of expanding growth in the school district |
29 |
| and a projected enrollment increase. |
30 |
| (iv) The bonds are issued pursuant to Sections 19-2 |
31 |
| through 19-7 of this Code.
|
32 |
| (p-5) Notwithstanding any other provisions of this Section |
33 |
| or the provisions of any other law, bonds issued by a community |
34 |
| unit school district maintaining grades K through 12 shall not |
35 |
| be considered indebtedness for purposes of any statutory |
36 |
| limitation and may be issued in an amount or amounts, including |
|
|
|
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|
|
1 |
| existing indebtedness, in excess of any heretofore or hereafter |
2 |
| imposed statutory limitation as to indebtedness, if all of the |
3 |
| following conditions are met: |
4 |
| (i) For each of the 4 most recent years, residential |
5 |
| property comprises more than 80% of the equalized assessed |
6 |
| valuation of the district. |
7 |
| (ii) At least 2 school buildings that were constructed |
8 |
| 40 or more years prior to the issuance of the bonds will be |
9 |
| demolished and will be replaced by new buildings or |
10 |
| additions to one or more existing buildings. |
11 |
| (iii) Voters of the district approve a proposition for |
12 |
| the issuance of the bonds at a regularly scheduled |
13 |
| election. |
14 |
| (iv) At the time of the sale of the bonds, the school |
15 |
| board determines by resolution that the new buildings or |
16 |
| building additions are needed because of an increase in |
17 |
| enrollment projected by the school board. |
18 |
| (v) The principal amount of the bonds, including |
19 |
| existing indebtedness, does not exceed 25% of the equalized |
20 |
| assessed value of the taxable property in the district. |
21 |
| (vi) The bonds are issued prior to January 1, 2007, |
22 |
| pursuant to Sections 19-2 through 19-7 of this Code.
|
23 |
| (q) A school district must notify the State Board of |
24 |
| Education prior to issuing any form of long-term or short-term |
25 |
| debt that will result in outstanding debt that exceeds 75% of |
26 |
| the debt limit specified in this Section or any other provision |
27 |
| of law.
|
28 |
| (Source: P.A. 93-13, eff. 6-9-03; 93-799, eff. 7-22-04; |
29 |
| 93-1045, eff. 10-15-04; 94-234, eff. 7-1-06; 94-721, eff. |
30 |
| 1-6-06.)
|
31 |
| (105 ILCS 5/20-2)
(from Ch. 122, par. 20-2)
|
32 |
| (Text of Section before amendment by P.A. 94-234 )
|
33 |
| Sec. 20-2. Indebtedness and bonds. For the purpose of |
34 |
| creating a working
cash fund, the school board of any such |
35 |
| district may incur an indebtedness and
issue bonds as evidence |
|
|
|
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|
|
1 |
| thereof in an amount or amounts not exceeding in the
aggregate |
2 |
| 85% of the taxes permitted to be levied for educational |
3 |
| purposes for
the then current year to be determined by |
4 |
| multiplying the maximum educational
tax rate or rates
|
5 |
| applicable to such school district by the last assessed |
6 |
| valuation or assessed valuations as
determined at the time of |
7 |
| the issue of said bonds plus 85% of the last known
entitlement |
8 |
| of such district to taxes as by law now or hereafter enacted or
|
9 |
| amended, imposed by the General Assembly of the State of |
10 |
| Illinois to replace
revenue lost by units of local government |
11 |
| and school districts as a result of
the abolition of ad valorem |
12 |
| personal property taxes, pursuant to Article IX,
Section 5, |
13 |
| paragraph (c) of the Constitution of the State of Illinois, |
14 |
| except
that a district that is certified under Section 19-1.5 |
15 |
| as a financially
distressed district may incur an indebtedness |
16 |
| and issue bonds as evidence
thereof in an amount or amounts not |
17 |
| exceeding in the aggregate 125% of the
taxes permitted to be |
18 |
| levied for educational purposes for the then current year
to be |
19 |
| determined by multiplying the maximum educational tax rate |
20 |
| applicable to
that school district by the last assessed |
21 |
| valuation as determined at the time
of the issuance of the |
22 |
| bonds plus 125% of the last known entitlement of that
district |
23 |
| to taxes that by law now or hereafter enacted or amended are |
24 |
| imposed
by the General Assembly to replace revenue lost by |
25 |
| units of local government
and school districts as a result of |
26 |
| the abolition of ad valorem personal
property taxes, pursuant |
27 |
| to Article IX, Section 5, paragraph (c) of the
Constitution of |
28 |
| the State of Illinois. The
bonds shall bear interest at not |
29 |
| more than the maximum rate authorized by the
Bond Authorization |
30 |
| Act, as amended at the time of the making of the contract,
if |
31 |
| issued before January 1, 1972 and not more than the maximum |
32 |
| rate authorized
by the Bond Authorization Act, as amended at |
33 |
| the time of the making of the
contract, if issued after January |
34 |
| 1, 1972 and shall mature within 20 years from
the date thereof. |
35 |
| Subject to the foregoing limitations as to amount, the bonds
|
36 |
| may be issued in an amount including existing indebtedness |
|
|
|
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|
|
1 |
| which will not
exceed the constitutional limitation as to debt, |
2 |
| notwithstanding any statutory
debt limitation to the contrary. |
3 |
| When bonds have been issued under this
Article by
a school |
4 |
| district that is certified as a financially distressed district |
5 |
| under
Section 19-1.5, the amount of those bonds, when and after |
6 |
| they are issued,
whether issued before or after such |
7 |
| certification, shall not be considered debt
under any statutory |
8 |
| debt limitation and shall be
excluded from the computation and |
9 |
| determination of any statutory or other debt
limitation |
10 |
| applicable to the financially distressed district. The school
|
11 |
| board shall before or at the time
of issuing the bonds provide |
12 |
| for the collection of a direct annual tax upon all
the taxable |
13 |
| property within the district sufficient to pay the principal
|
14 |
| thereof at maturity and to pay the interest thereon as it falls |
15 |
| due, which tax
shall be in addition to the maximum amount of |
16 |
| all other taxes, either
educational; transportation; |
17 |
| operations and maintenance; or fire prevention and
safety fund |
18 |
| taxes, now or hereafter authorized and in addition to any
|
19 |
| limitations upon the levy of taxes as provided by Sections 17-2 |
20 |
| through 17-9.
The bonds may be issued redeemable at the option |
21 |
| of the school board of the
district issuing them on any |
22 |
| interest payment date on or after 5 years from
date of issue.
|
23 |
| With respect to instruments for the payment of money issued |
24 |
| under this
Section either before, on, or after the effective |
25 |
| date of this amendatory
Act of 1989, it is and always has been |
26 |
| the intention of the General
Assembly (i) that the Omnibus Bond |
27 |
| Acts are and always have been
supplementary grants of power to |
28 |
| issue instruments in accordance with the
Omnibus Bond Acts, |
29 |
| regardless of any provision of this Act that may appear
to be |
30 |
| or to have been more restrictive than those Acts, (ii) that the
|
31 |
| provisions of this Section are not a limitation on the |
32 |
| supplementary
authority granted by the Omnibus Bond Acts, and |
33 |
| (iii) that instruments
issued under this Section within the |
34 |
| supplementary authority granted by the
Omnibus Bond Acts are |
35 |
| not invalid because of any provision of this Act that
may |
36 |
| appear to be or to have been more restrictive than those Acts.
|
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| (Source: P.A. 87-984; 88-641, eff. 9-9-94.)
|
2 |
| (Text of Section after amendment by P.A. 94-234 )
|
3 |
| Sec. 20-2. Indebtedness and bonds. For the purpose of |
4 |
| creating a working
cash fund, the school board of any such |
5 |
| district may incur an indebtedness and
issue bonds as evidence |
6 |
| thereof in an amount or amounts not exceeding in the
aggregate |
7 |
| 85% of the taxes permitted to be levied for educational |
8 |
| purposes for
the then current year to be determined by |
9 |
| multiplying the maximum educational
tax rate or rates
|
10 |
| applicable to such school district by the last assessed |
11 |
| valuation or assessed valuations as
determined at the time of |
12 |
| the issue of said bonds plus 85% of the last known
entitlement |
13 |
| of such district to taxes as by law now or hereafter enacted or
|
14 |
| amended, imposed by the General Assembly of the State of |
15 |
| Illinois to replace
revenue lost by units of local government |
16 |
| and school districts as a result of
the abolition of ad valorem |
17 |
| personal property taxes, pursuant to Article IX,
Section 5, |
18 |
| paragraph (c) of the Constitution of the State of Illinois. The
|
19 |
| bonds shall bear interest at not more than the maximum rate |
20 |
| authorized by the
Bond Authorization Act, as amended at the |
21 |
| time of the making of the contract,
if issued before January 1, |
22 |
| 1972 and not more than the maximum rate authorized
by the Bond |
23 |
| Authorization Act, as amended at the time of the making of the
|
24 |
| contract, if issued after January 1, 1972 and shall mature |
25 |
| within 20 years from
the date thereof. Subject to the foregoing |
26 |
| limitations as to amount, the bonds
may be issued in an amount |
27 |
| including existing indebtedness which will not
exceed the |
28 |
| constitutional limitation as to debt, notwithstanding any |
29 |
| statutory
debt limitation to the contrary. The school
board |
30 |
| shall before or at the time
of issuing the bonds provide for |
31 |
| the collection of a direct annual tax upon all
the taxable |
32 |
| property within the district sufficient to pay the principal
|
33 |
| thereof at maturity and to pay the interest thereon as it falls |
34 |
| due, which tax
shall be in addition to the maximum amount of |
35 |
| all other taxes, either
educational; transportation; |
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| operations and maintenance; or fire prevention and
safety fund |
2 |
| taxes, now or hereafter authorized and in addition to any
|
3 |
| limitations upon the levy of taxes as provided by Sections 17-2 |
4 |
| through 17-9.
The bonds may be issued redeemable at the option |
5 |
| of the school board of the
district issuing them on any |
6 |
| interest payment date on or after 5 years from
date of issue.
|
7 |
| With respect to instruments for the payment of money issued |
8 |
| under this
Section either before, on, or after the effective |
9 |
| date of this amendatory
Act of 1989, it is and always has been |
10 |
| the intention of the General
Assembly (i) that the Omnibus Bond |
11 |
| Acts are and always have been
supplementary grants of power to |
12 |
| issue instruments in accordance with the
Omnibus Bond Acts, |
13 |
| regardless of any provision of this Act that may appear
to be |
14 |
| or to have been more restrictive than those Acts, (ii) that the
|
15 |
| provisions of this Section are not a limitation on the |
16 |
| supplementary
authority granted by the Omnibus Bond Acts, and |
17 |
| (iii) that instruments
issued under this Section within the |
18 |
| supplementary authority granted by the
Omnibus Bond Acts are |
19 |
| not invalid because of any provision of this Act that
may |
20 |
| appear to be or to have been more restrictive than those Acts.
|
21 |
| (Source: P.A. 94-234, eff. 7-1-06.)
|
22 |
| (105 ILCS 5/Art. 7A rep.) |
23 |
| (105 ILCS 5/Art. 11A rep.) |
24 |
| (105 ILCS 5/Art. 11B rep.) |
25 |
| (105 ILCS 5/Art. 11D rep.)
|
26 |
| (105 ILCS 5/18-8.2 rep.)
|
27 |
| (105 ILCS 5/18-8.3 rep.)
|
28 |
| (105 ILCS 5/18-8.5 rep.)
|
29 |
| Section 15. The School Code is amended by repealing |
30 |
| Articles 7A, 11A, 11B, and 11D and Sections 18-8.2, 18-8.3, and |
31 |
| 18-8.5. |
32 |
| Section 20. The School District Validation (1995) Act is |
33 |
| amended by changing Section 5 as follows:
|
|
|
|
SB2795 Engrossed |
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LRB094 16461 NHT 51721 b |
|
|
1 |
| (105 ILCS 555/5)
|
2 |
| Sec. 5. Validation. In all cases in which, before the |
3 |
| effective date of
this Act, the regional superintendent of |
4 |
| schools was required to publish notice
of a referendum to |
5 |
| establish a community unit school district in territory
|
6 |
| comprising 2 community unit school districts, 2 community |
7 |
| consolidated school
districts, and 2 community high school |
8 |
| districts and such notice was not
published by the regional |
9 |
| superintendent of schools as required by Section
11A-5 of the |
10 |
| School Code (now repealed) and a majority of the voters |
11 |
| residing in each of the
school districts comprising the |
12 |
| proposed community unit school district voted
in favor of the |
13 |
| creation of such community unit school district in the general
|
14 |
| election held on November 8, 1994, and in which territory at a |
15 |
| subsequent
election similarly called and held a board of |
16 |
| education has been chosen for
such district, each such election |
17 |
| is hereby made legal and valid and such
territory is hereby |
18 |
| declared legally and validly organized and established as a
|
19 |
| community unit school district, and a valid and existing school |
20 |
| district.
|
21 |
| (Source: P.A. 89-416, eff. 11-22-95.)
|
22 |
| Section 90. Savings clause. Any repeal made by this Act |
23 |
| shall not affect or impair any of the following: suits pending |
24 |
| or rights existing at the time this Act takes effect; any grant |
25 |
| or conveyance made or right acquired or cause of action now |
26 |
| existing under any Section, Article, or Act repealed by this |
27 |
| Act; the validity of any bonds or other obligations issued or |
28 |
| sold and constituting valid obligations of the issuing |
29 |
| authority at the time this Act takes effect; the validity of |
30 |
| any contract; the validity of any tax levied under any law in |
31 |
| effect prior to the effective date of this Act; any offense |
32 |
| committed, act done, penalty, punishment, or forfeiture |
33 |
| incurred or any claim, right, power, or remedy accrued under |
34 |
| any law in effect prior to the effective date of this Act; or |
35 |
| the corporate existence or powers of any school district |
|
|
|
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|
|
1 |
| lawfully validated under any law in effect prior to the |
2 |
| effective date of this Act. For any petition filed with the |
3 |
| regional superintendent of schools under Article 7A, 11A, 11B, |
4 |
| or 11D of the School Code prior to the effective date of this |
5 |
| Act, the proposed action described in the petition, including |
6 |
| all notices, hearings, administrative decisions, ballots, |
7 |
| elections, and passage requirements relating thereto, shall |
8 |
| proceed and be in accordance with the law in effect at the date |
9 |
| of the filing. If the petition is approved by voters at a |
10 |
| regularly scheduled election, the resulting school districts |
11 |
| are eligible for supplementary State aid payments in accordance |
12 |
| with Section 11E-135 of the School Code as if the petition was |
13 |
| filed and approved in accordance with Article 11E of the School |
14 |
| Code. Any school district eligible for supplementary State aid |
15 |
| payments in accordance with subsection (I) of Section 18-8.05 |
16 |
| or Section 18-8.2, 18-8.3, or 18-8.5 of the School Code prior |
17 |
| to the effective date of this Act must have those payments |
18 |
| continued in accordance with Section 11E-135 of the School |
19 |
| Code. |
20 |
| Section 95. No acceleration or delay. Where this Act makes |
21 |
| changes in a
statute that is represented in this Act by text |
22 |
| that is not yet or no longer in
effect (for example, a Section |
23 |
| represented by multiple versions), the use of
that text does |
24 |
| not accelerate or delay the taking effect of (i) the changes
|
25 |
| made by this Act or (ii) provisions derived from any other |
26 |
| Public Act.
|
27 |
| Section 99. Effective date. This Act takes effect July 1, |
28 |
| 2006. |