Public Act 097-0925
 
HB4043 EnrolledLRB097 16996 NHT 62187 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The School Code is amended  by changing Section 
11E-70 as follows:
 
    (105 ILCS 5/11E-70)
    Sec. 11E-70. Effective date of change.
    (a) Except as provided in subsection (a-5) of this Section, 
if If a petition is filed under the authority of this Article, 
the change is granted and approved at election, and no appeal 
is taken, then the change shall become effective after the time 
for appeal has run for the purpose of all elections; however, 
the change shall not affect the administration of the schools 
until July 1 following the date that the school  board election 
is held for the new district or districts and the school boards 
of the districts as they existed prior to the change shall 
exercise the same power and authority over the territory until 
that date.
    (a-5)  If a petition is filed under the authority of this 
Article for the consolidation of Christopher Unit School 
District 99 and Zeigler-Royalton Community Unit School 
District 188, the change is granted and approved at election, 
and no appeal is taken, then the change shall become effective 
after one or both of the school districts have been awarded 
school construction grants under the School Construction Law. 
    (b) If any school district is dissolved in accordance with 
this Article, upon the close of the then current school year, 
the terms of office of the school board of the dissolved 
district shall terminate.
    (c) New districts shall be permitted to organize and elect 
officers within the time prescribed by the general election 
law. Additionally, between the date of the organization and the 
election of officers and the date on which the new district 
takes effect for all purposes, the new district shall also be 
permitted, with the stipulation of the districts from which the 
new district is formed and the approval of the regional 
superintendent of schools, to take all action necessary or 
appropriate to do the following:
        (1) Establish the tax levy for the new district, in 
    lieu of the levies by the districts from which the new 
    district is formed, within the time generally provided by 
    law and in accordance with this Article. The funds produced 
    by the levy shall be transferred to the new district as 
    generally provided by law at such time as they are received 
    by the county collector.
        (2) Enter into agreements with depositories and direct 
    the deposit and investment of any funds received from the 
    county collector or any other source, all as generally 
    provided by law.
        (3) Conduct a search for the superintendent of the new 
    district and enter into a contract with the person selected 
    to serve as the superintendent of the new district in 
    accordance with the provisions of this Code generally 
    applicable to the employment of a superintendent.
        (4)  Conduct a search for other administrators and staff 
    of the new district and enter into a contract with these 
    persons in accordance with the provisions of this Code 
    generally applicable to the employment of administrators 
    and other staff.

        (5) Engage the services of accountants, architects, 
    attorneys, and other consultants, including but not 
    limited to consultants to assist in the search for the 
    superintendent.
        (6) Plan for the transition from the administration of 
    the schools by the districts from which the new district is 
    formed.
        (7) Bargain collectively, pursuant to the Illinois 
    Educational Labor Relations Act, with the certified 
    exclusive bargaining representative or certified exclusive 
    bargaining representatives of the new district's 
    employees.
        (8) Expend the funds received from the levy and any 
    funds received from the districts from which the new 
    district is formed to meet payroll and other essential 
    operating expenses or otherwise in the exercise of the 
    foregoing powers

until the new district takes effect for 
    all purposes.
        (9) Issue bonds authorized in the proposition to form 
    the new district or bonds pursuant to and in accordance 
    with all of the requirements of Section 17-2.11 of this 
    Code, levy taxes upon all of the taxable property within 
    the new district to pay the principal of and interest on 
    those bonds as provided by statute, expend the proceeds of 
    the bonds and enter into any necessary contracts for the 
    work financed therewith as authorized by statute, and avail 
    itself of the provisions of other applicable law, including 
    the Omnibus Bond Acts, in connection with the issuance of 
    those bonds.
    (d) After the granting of a petition has become final and 
approved at election, the date when the change becomes 
effective for purposes of administration and attendance may be 
accelerated or postponed by stipulation of the school board of 
each district affected and approval  by the regional 
superintendent of schools with which the original petition is 
required to be filed.


(Source: P.A. 94-1019, eff. 7-10-06.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.