|
| | 10200HB0007ham002 | - 2 - | LRB102 02691 CMG 23739 a |
|
|
1 | | following: (1) be signed by at least 50 legal resident voters |
2 | | or 10% of the legal resident voters, whichever is less, |
3 | | residing within each affected district ; or (2) be approved by |
4 | | the school board in each affected district . |
5 | | (b) The petition shall contain all of the following: |
6 | | (1) A request to submit the proposition at a regular |
7 | | scheduled election for the purpose of voting: |
8 | | (A) for or against a high school - unit |
9 | | conversion; |
10 | | (B) for or against a unit to dual conversion; |
11 | | (C) for or against the establishment of a combined |
12 | | elementary district; |
13 | | (D) for or against the establishment of a combined |
14 | | high school district; |
15 | | (E) for or against the establishment of a combined |
16 | | unit district; |
17 | | (F) for or against the establishment of a unit |
18 | | district from dual district territory exclusively; |
19 | | (G) for or against the establishment of a unit |
20 | | district from both dual district and unit district |
21 | | territory; |
22 | | (H) for or against the establishment of a combined |
23 | | high school - unit district from a combination of one |
24 | | or more high school districts and one or more unit |
25 | | districts; |
26 | | (I) for or against the establishment of a combined |
|
| | 10200HB0007ham002 | - 3 - | LRB102 02691 CMG 23739 a |
|
|
1 | | high school - unit district and one or more new |
2 | | elementary districts through a multi-unit conversion;
|
3 | | (J) for or against the establishment of an |
4 | | optional elementary unit district from a combination |
5 | | of a substantially coterminous dual district; or |
6 | | (K) for or against dissolving and becoming part of |
7 | | an optional elementary unit district. |
8 | | (2) A description of the territory comprising the |
9 | | districts proposed to be dissolved and those to be |
10 | | created, which, for an entire district, may be a general |
11 | | reference to all of the territory included within that |
12 | | district. |
13 | | (3) A specification of the maximum tax rates for |
14 | | various purposes the proposed district or districts shall |
15 | | be authorized to levy for various purposes and, if |
16 | | applicable, the specifications related to the Property Tax |
17 | | Extension Limitation Law, in accordance with Section |
18 | | 11E-80 of this Code. |
19 | | (4) A description of how supplementary State deficit |
20 | | difference payments made under subsection (c) of Section |
21 | | 11E-135 of this Code will be allocated among the new |
22 | | districts proposed to be formed. |
23 | | (5) Where applicable, a division of assets and |
24 | | liabilities to be allocated to the proposed new or |
25 | | annexing school district or districts in the manner |
26 | | provided in Section 11E-105 of this Code. |
|
| | 10200HB0007ham002 | - 4 - | LRB102 02691 CMG 23739 a |
|
|
1 | | (6) If desired, a request that at that same election |
2 | | as the reorganization proposition a school board or boards |
3 | | be 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 |
7 | | or districts to be served by the board or boards is |
8 | | submitted to the voters shall proceed under the |
9 | | supervision of the regional superintendent of schools as |
10 | | provided in Section 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 |
14 | | than a partial elementary unit district) include as part |
15 | | of the proposition the election of board members by school |
16 | | board district rather than at large. Any petition |
17 | | requesting the election of board members by district shall |
18 | | divide the proposed school district into 7 school board |
19 | | districts, each of which must be compact and contiguous |
20 | | and 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 |
|
| | 10200HB0007ham002 | - 5 - | LRB102 02691 CMG 23739 a |
|
|
1 | | or against the establishment of a unit to dual conversion |
2 | | include as part of the proposition the election of board |
3 | | members for the new high school district (i) on an at large |
4 | | basis, (ii) with board members representing each of the |
5 | | forming elementary school districts, or (iii) a |
6 | | combination of both. The format for the election of the |
7 | | new high school board must be defined in the petition. |
8 | | When 4 or more unit school districts and a combination of |
9 | | board members representing each of the forming elementary |
10 | | school districts are involved and at large formats are |
11 | | used, one member must be elected from each of the forming |
12 | | elementary school districts. The remaining members may be |
13 | | elected on an at large basis, provided that none of the |
14 | | underlying elementary school districts have a majority on |
15 | | the resulting high school board. When 3 unit school |
16 | | districts and a combination of board members representing |
17 | | each of the forming elementary school districts are |
18 | | involved and at large formats are used, 2 members must be |
19 | | elected from each of the forming elementary school |
20 | | districts. The remaining member must be elected at large. |
21 | | (9) If desired, a request that the referendum at which |
22 | | the proposition shall be submitted include a proposition |
23 | | on a separate ballot authorizing the issuance of bonds by |
24 | | the district or districts when organized in accordance |
25 | | with this Article. However, if the petition is submitted |
26 | | for the purpose of voting for or against the establishment |
|
| | 10200HB0007ham002 | - 6 - | LRB102 02691 CMG 23739 a |
|
|
1 | | of an optional elementary unit district, the petition may |
2 | | request only that the referendum at which the proposition |
3 | | is submitted include a proposition on a separate ballot |
4 | | authorizing the issuance of bonds for high school purposes |
5 | | (and not elementary purposes) by the district when |
6 | | organized in accordance with this Article. The principal |
7 | | amount of the bonds and the purposes of issuance, |
8 | | including a specification of elementary or high school |
9 | | purposes if the proposed issuance is to be made by a |
10 | | combined high school - unit district, shall be stated in |
11 | | the petition and in all notices and propositions submitted |
12 | | thereunder. Only residents in the territory of the |
13 | | district proposing the bond issuance may vote on the bond |
14 | | issuance. |
15 | | (10) A designation of a committee of ten of the |
16 | | petitioners as attorney in fact for all petitioners, any 7 |
17 | | of whom may at any time, prior to the final decision of the |
18 | | regional superintendent of schools, amend the petition in |
19 | | all respects (except that, for a unit district formation, |
20 | | there may not be an increase or decrease of more than 25% |
21 | | of the territory to be included in the proposed district) |
22 | | and make binding stipulations on behalf of all petitioners |
23 | | as to any question with respect to the petition, including |
24 | | the power to stipulate to accountings or the waiver |
25 | | thereof between school districts. |
26 | | (c) The regional superintendent of schools shall not |
|
| | 10200HB0007ham002 | - 7 - | LRB102 02691 CMG 23739 a |
|
|
1 | | accept for filing under the authority of this Section any |
2 | | petition that includes any territory already included as part |
3 | | of the territory described in another pending petition filed |
4 | | under the authority of this Section. |
5 | | (d)(1) Those designated as the Committee of Ten shall |
6 | | serve in that capacity until such time as the regional |
7 | | superintendent of schools determines that, because of death, |
8 | | resignation, transfer of residency from the territory, failure |
9 | | to qualify, or any other reason, the office of a particular |
10 | | member of the Committee of Ten is vacant. Upon determination |
11 | | by the regional superintendent of schools that these vacancies |
12 | | exist, he or she shall declare the vacancies and shall notify |
13 | | the remaining members to appoint a petitioner or petitioners, |
14 | | as the case may be, to fill the vacancies in the Committee of |
15 | | Ten so designated. An appointment by the Committee of Ten to |
16 | | fill a vacancy shall be made by a simple majority vote of the |
17 | | designated remaining members. |
18 | | (2) Failure of a person designated as a member of the |
19 | | Committee of Ten to sign the petition shall not disqualify |
20 | | that person as a member of the Committee of Ten, and that |
21 | | person may sign the petition at any time prior to final |
22 | | disposition of the petition and the conclusion of the |
23 | | proceedings to form a new school district or districts, |
24 | | including all litigation pertaining to the petition or |
25 | | proceedings. |
26 | | (3) Except as stated in item (10) of subsection (b) of this |
|
| | 10200HB0007ham002 | - 8 - | LRB102 02691 CMG 23739 a |
|
|
1 | | Section, the Committee of Ten shall act by majority vote of the |
2 | | membership. |
3 | | (4) The regional superintendent of schools may accept a |
4 | | stipulation made by the Committee of Ten instead of evidence |
5 | | or proof of the matter stipulated or may refuse to accept the |
6 | | stipulation, provided that the regional superintendent sets |
7 | | forth the basis for the refusal. |
8 | | (5) The Committee of Ten may voluntarily dismiss its |
9 | | petition at any time before a final decision is issued by the |
10 | | State Superintendent of Education.
|
11 | | (Source: P.A. 94-1019, eff. 7-10-06; 95-903, eff. 8-25-08.) |
12 | | (105 ILCS 5/11E-40) |
13 | | Sec. 11E-40. Notice and petition amendments.
|
14 | | (a) Upon the filing of a petition with the regional |
15 | | superintendent of schools as provided in Section 11E-35 of |
16 | | this Code, the regional superintendent shall do all of the |
17 | | following: |
18 | | (1) Cause a copy of the petition to be given to each |
19 | | school board of the affected districts and the regional |
20 | | superintendent of schools of any other educational service |
21 | | region in which territory described in the petition is |
22 | | situated. |
23 | | (2) Cause a notice thereof to be published at least |
24 | | once each week for 3 successive weeks in at least one |
25 | | newspaper having general circulation within the area of |
|
| | 10200HB0007ham002 | - 9 - | LRB102 02691 CMG 23739 a |
|
|
1 | | all of the territory of the proposed district or |
2 | | districts. The expense of publishing the notice shall be |
3 | | borne by the petitioners and paid on behalf of the |
4 | | petitioners by the Committee of Ten. |
5 | | (a-5) Upon receiving the copy of the petition from the |
6 | | regional superintendent, the
school boards of the affected |
7 | | districts shall, if those districts maintain an official |
8 | | website, cause a
copy of the petition to be published on the |
9 | | website, with a link to the
recommendation hosted prominently |
10 | | on the homepage of the website through the
date of the next |
11 | | general election. |
12 | | (b) The notice shall state all of the following: |
13 | | (1) When and to whom the petition was presented. |
14 | | (2) The prayer of the petition. |
15 | | (3) A description of the territory comprising the |
16 | | districts proposed to be dissolved and those to be |
17 | | created, which, for an entire district, may be a general |
18 | | reference to all of the territory included within that |
19 | | district. |
20 | | (4) If applicable, the proposition to elect, by |
21 | | separate ballot, school board members at the same |
22 | | election, indicating whether the board members are to be |
23 | | elected at large or by school board district. |
24 | | (5) If requested in the petition, the proposition to |
25 | | issue bonds, indicating the amount and purpose thereof. |
26 | | (6) The day, time, and location on which the hearing |
|
| | 10200HB0007ham002 | - 10 - | LRB102 02691 CMG 23739 a |
|
|
1 | | on the action proposed in the petition shall be held. |
2 | | (c) The requirements of subsection (g) of Section 28-2 of |
3 | | the Election Code do not apply to any petition filed under this |
4 | | Article. Notwithstanding any provision to the contrary |
5 | | contained in the Election Code, the regional superintendent of |
6 | | schools shall make all determinations regarding the validity |
7 | | of the petition, including without limitation signatures on |
8 | | the petition, subject to State Superintendent and |
9 | | administrative review in accordance with Section 11E-50 of |
10 | | 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 |
15 | | petition requirements set forth in the Election Code. If the |
16 | | regional superintendent determines that the petition is not in |
17 | | proper 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 |
22 | | to 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 |
|
| | 10200HB0007ham002 | - 11 - | LRB102 02691 CMG 23739 a |
|
|
1 | | the hearing in accordance with Section 11E-50 of this Code.
|
2 | | (Source: P.A. 94-1019, eff. 7-10-06; 95-903, eff. 8-25-08.) |
3 | | (105 ILCS 5/11E-45) |
4 | | Sec. 11E-45. Hearing. |
5 | | (a) No more than 15 days after the last date on which the |
6 | | required notice under Section 11E-40 of this Code is |
7 | | published, the regional superintendent of schools with whom |
8 | | the petition is required to be filed shall hold a hearing on |
9 | | the petition. Prior to the hearing, the Committee of Ten shall |
10 | | submit to the regional superintendent maps showing the |
11 | | districts involved and any other information deemed pertinent |
12 | | by the Committee of Ten to the proposed action. The regional |
13 | | superintendent of schools may adjourn the hearing from time to |
14 | | time or may continue the matter for want of sufficient notice |
15 | | or other good cause. |
16 | | (b) At the hearing, the regional superintendent of schools |
17 | | shall allow public testimony on the action proposed in the |
18 | | petition. The Committee of Ten shall present, or arrange for |
19 | | the presentation of all of the following: |
20 | | (1) Evidence as to the school needs and conditions in |
21 | | the territory described in the petition and the area |
22 | | adjacent thereto. |
23 | | (2) Evidence with respect to the ability of the |
24 | | proposed district or districts to meet standards of |
25 | | recognition as prescribed by the State Board of Education. |
|
| | 10200HB0007ham002 | - 12 - | LRB102 02691 CMG 23739 a |
|
|
1 | | (3) A consideration of the division of funds and |
2 | | assets that will occur if the petition is approved. |
3 | | (4) A description of the maximum tax rates the |
4 | | proposed district or districts is authorized to levy for |
5 | | various purposes and, if applicable, the specifications |
6 | | related to the Property Tax Extension Limitation Law, in |
7 | | accordance with Section 11E-80 of this Code. |
8 | | (5) For a non-contiguous combined school district, as |
9 | | specified in paragraph (3) of subsection (a), paragraph |
10 | | (2) of subsection (b), or paragraph (2) of subsection (c) |
11 | | of Section 11E-20 of this Code, evidence that the action |
12 | | proposed in the petition meets the requirements of the |
13 | | respective paragraph. |
14 | | (c) Any regional superintendent of schools entitled under |
15 | | the provisions of this Article to be given a copy of the |
16 | | petition , and any resident or representative of a school |
17 | | district in which
any territory described in the petition is |
18 | | situated , and, in the case of a hearing on a petition
|
19 | | recommended by the Efficient School District Commission under |
20 | | Section 11E-140 of this Code, a member of the Efficient School |
21 | | District Commission or one of its subcommittees may appear in |
22 | | person or by an attorney at law to provide oral or written |
23 | | testimony or both in relation to the action proposed in the |
24 | | petition. |
25 | | (d) The regional superintendent of schools shall arrange |
26 | | for a written transcript of the hearing. The expense of the |
|
| | 10200HB0007ham002 | - 13 - | LRB102 02691 CMG 23739 a |
|
|
1 | | written transcript shall be borne by the petitioners and paid |
2 | | on behalf of the petitioners by the Committee of Ten.
|
3 | | (Source: P.A. 98-125, eff. 8-2-13.) |
4 | | (105 ILCS 5/11E-50) |
5 | | Sec. 11E-50. Approval or denial of the petition; |
6 | | administrative review. |
7 | | (a) Within 14 days after the conclusion of the hearing |
8 | | under Section 11E-45 of this Code, the regional superintendent |
9 | | of schools shall , upon determining the petition is in |
10 | | compliance with
applicable requirements set forth in the |
11 | | Election Code, approve the
proposition through a written order |
12 | | or, if the regional superintendent of schools determines that |
13 | | the petition is not in
compliance with the Election Code, deny |
14 | | the petition through a written order take into consideration |
15 | | the school needs and conditions of the affected districts and |
16 | | in the area adjacent thereto, the division of funds and assets |
17 | | that will result from the action described in the petition, |
18 | | the best interests of the schools of the area, and the best |
19 | | interests and the educational welfare of the pupils residing |
20 | | therein and, through a written order, either approve or deny |
21 | | the petition. If the regional superintendent fails to act upon |
22 | | a petition within 14 days after the conclusion of the hearing, |
23 | | the regional superintendent shall be deemed to have denied the |
24 | | petition . |
25 | | (b) Upon approving or denying the petition, the regional |
|
| | 10200HB0007ham002 | - 14 - | LRB102 02691 CMG 23739 a |
|
|
1 | | superintendent of schools shall submit the petition and all |
2 | | evidence to the State Superintendent of Education.
The State |
3 | | Superintendent shall review the petition, the record of the |
4 | | hearing, and the written order of the regional superintendent, |
5 | | if any. Within 21 days after the receipt of the regional |
6 | | superintendent's decision, the State Superintendent shall , |
7 | | upon determining the petition is in compliance with
applicable |
8 | | requirements set forth in the Election Code, approve the
|
9 | | petition through a written order or, if the State |
10 | | Superintendent determines that the petition is not in |
11 | | compliance with the
Election Code, deny the petition through a |
12 | | written order take into consideration the school needs and |
13 | | conditions of the affected districts and in the area adjacent |
14 | | thereto, the division of funds and assets that will result |
15 | | from the action described in the petition, the best interests |
16 | | of the schools of the area, and the best interests and the |
17 | | educational welfare of the pupils residing therein and, |
18 | | through a written order, either approve or deny the petition . |
19 | | If the State Superintendent denies the petition, the State |
20 | | Superintendent shall set forth in writing the specific basis |
21 | | for the denial. The decision of the State Superintendent shall |
22 | | be deemed an administrative decision as defined in Section |
23 | | 3-101 of the Code of Civil Procedure. The State Superintendent |
24 | | shall provide a copy of the decision by certified mail, return |
25 | | receipt requested, to the Committee of Ten, any person |
26 | | appearing in support or opposition of the petition at the |
|
| | 10200HB0007ham002 | - 15 - | LRB102 02691 CMG 23739 a |
|
|
1 | | hearing, each school board of a district in which territory |
2 | | described in the petition is situated, the regional |
3 | | superintendent with whom the petition was filed, and the |
4 | | regional superintendent of schools of any other educational |
5 | | service region in which territory described in the petition is |
6 | | situated. |
7 | | (c) Any resident of any territory described in the |
8 | | petition who appears in support of or opposition to the |
9 | | petition at the hearing or any petitioner or school board of |
10 | | any district in which territory described in the petition is |
11 | | situated
may, within 35 days after a copy of the decision |
12 | | sought to be reviewed was served by certified mail, return |
13 | | receipt requested, upon the party affected thereby or upon the |
14 | | attorney of record for the party, apply for a review of an |
15 | | administrative decision of the State Superintendent of |
16 | | Education in accordance with the Administrative Review Law and |
17 | | any rules adopted pursuant to the Administrative Review Law. |
18 | | The commencement of any action for review shall operate as a |
19 | | supersedeas, and no further proceedings shall be had until |
20 | | final disposition of the review. The circuit court of the |
21 | | county in which the petition is filed with the regional |
22 | | superintendent of schools shall have sole jurisdiction to |
23 | | entertain a complaint for the review.
|
24 | | (Source: P.A. 94-1019, eff. 7-10-06; 95-903, eff. 8-25-08.) |
25 | | (105 ILCS 5/11E-135) |
|
| | 10200HB0007ham002 | - 16 - | LRB102 02691 CMG 23739 a |
|
|
1 | | Sec. 11E-135. Incentives. Except as provided under Section |
2 | | 11E-140, for For districts reorganizing under this Article and |
3 | | for a district or districts that annex all of the territory of |
4 | | one or more entire other school districts in accordance with |
5 | | Article 7 of this Code, the following payments shall be made |
6 | | from appropriations made for these purposes: |
7 | | (a)(1) For a combined school district, as defined in |
8 | | Section 11E-20 of this Code, or for a unit district, as defined |
9 | | in Section 11E-25 of this Code, for its first year of |
10 | | existence, the general State aid and supplemental general |
11 | | State aid calculated under Section 18-8.05 of this Code or the |
12 | | evidence-based funding calculated under Section 18-8.15 of |
13 | | this Code, as applicable, shall be computed for the new |
14 | | district and for the previously existing districts for which |
15 | | property is totally included within the new district. If the |
16 | | computation on the basis of the previously existing districts |
17 | | is greater, a supplementary payment equal to the difference |
18 | | shall be made for the first 4 years of existence of the new |
19 | | district. |
20 | | (2) For a school district that annexes all of the |
21 | | territory of one or more entire other school districts as |
22 | | defined in Article 7 of this Code, for the first year during |
23 | | which the change of boundaries attributable to the annexation |
24 | | becomes effective for all purposes, as determined under |
25 | | Section 7-9 of this Code, the general State aid and |
26 | | supplemental general State aid calculated under Section |
|
| | 10200HB0007ham002 | - 17 - | LRB102 02691 CMG 23739 a |
|
|
1 | | 18-8.05 of this Code or the evidence-based funding calculated |
2 | | under Section 18-8.15 of this Code, as applicable, shall be |
3 | | computed for the annexing district as constituted after the |
4 | | annexation and for the annexing and each annexed district as |
5 | | constituted prior to the annexation; and if the computation on |
6 | | the basis of the annexing and annexed districts as constituted |
7 | | prior to the annexation is greater, then a supplementary |
8 | | payment equal to the difference shall be made for the first 4 |
9 | | years of existence of the annexing school district as |
10 | | constituted upon the annexation. |
11 | | (3) For 2 or more school districts that annex all of the |
12 | | territory of one or more entire other school districts, as |
13 | | defined in Article 7 of this Code, for the first year during |
14 | | which the change of boundaries attributable to the annexation |
15 | | becomes effective for all purposes, as determined under |
16 | | Section 7-9 of this Code, the general State aid and |
17 | | supplemental general State aid calculated under Section |
18 | | 18-8.05 of this Code or the evidence-based funding calculated |
19 | | under Section 18-8.15 of this Code, as applicable, shall be |
20 | | computed for each annexing district as constituted after the |
21 | | annexation and for each annexing and annexed district as |
22 | | constituted prior to the annexation; and if the aggregate of |
23 | | the general State aid and supplemental general State aid or |
24 | | evidence-based funding, as applicable, as so computed for the |
25 | | annexing districts as constituted after the annexation is less |
26 | | than the aggregate of the general State aid and supplemental |
|
| | 10200HB0007ham002 | - 18 - | LRB102 02691 CMG 23739 a |
|
|
1 | | general State aid or evidence-based funding, as applicable, as |
2 | | so computed for the annexing and annexed districts, as |
3 | | constituted prior to the annexation, then a supplementary |
4 | | payment equal to the difference shall be made and allocated |
5 | | between or among the annexing districts, as constituted upon |
6 | | the annexation, for the first 4 years of their existence. The |
7 | | total difference payment shall be allocated between or among |
8 | | the annexing districts in the same ratio as the pupil |
9 | | enrollment from that portion of the annexed district or |
10 | | districts that is annexed to each annexing district bears to |
11 | | the total pupil enrollment from the entire annexed district or |
12 | | districts, as such pupil enrollment is determined for the |
13 | | school year last ending prior to the date when the change of |
14 | | boundaries attributable to the annexation becomes effective |
15 | | for all purposes. The amount of the total difference payment |
16 | | and the amount thereof to be allocated to the annexing |
17 | | districts shall be computed by the State Board of Education on |
18 | | the basis of pupil enrollment and other data that shall be |
19 | | certified to the State Board of Education, on forms that it |
20 | | shall provide for that purpose, by the regional superintendent |
21 | | of schools for each educational service region in which the |
22 | | annexing and annexed districts are located. |
23 | | (4) For a school district conversion, as defined in |
24 | | Section 11E-15 of this Code, or a multi-unit conversion, as |
25 | | defined in subsection (b) of Section 11E-30 of this Code, if in |
26 | | their first year of existence the newly created elementary |
|
| | 10200HB0007ham002 | - 19 - | LRB102 02691 CMG 23739 a |
|
|
1 | | districts and the newly created high school district, from a |
2 | | school district conversion, or the newly created elementary |
3 | | district or districts and newly created combined high school - |
4 | | unit district, from a multi-unit conversion, qualify for less |
5 | | general State aid under Section 18-8.05 of this Code or |
6 | | evidence-based funding under Section 18-8.15 of this Code than |
7 | | would have been payable under Section 18-8.05 or 18-8.15, as |
8 | | applicable, for that same year to the previously existing |
9 | | districts, then a supplementary payment equal to that |
10 | | difference shall be made for the first 4 years of existence of |
11 | | the newly created districts. The aggregate amount of each |
12 | | supplementary payment shall be allocated among the newly |
13 | | created districts in the proportion that the deemed pupil |
14 | | enrollment in each district during its first year of existence |
15 | | bears to the actual aggregate pupil enrollment in all of the |
16 | | districts during their first year of existence. For purposes |
17 | | of each allocation: |
18 | | (A) the deemed pupil enrollment of the newly created |
19 | | high school district from a school district conversion |
20 | | shall be an amount equal to its actual pupil enrollment |
21 | | for its first year of existence multiplied by 1.25; |
22 | | (B) the deemed pupil enrollment of each newly created |
23 | | elementary district from a school district conversion |
24 | | shall be an amount equal to its actual pupil enrollment |
25 | | for its first year of existence reduced by an amount equal |
26 | | to the product obtained when the amount by which the newly |
|
| | 10200HB0007ham002 | - 20 - | LRB102 02691 CMG 23739 a |
|
|
1 | | created high school district's deemed pupil enrollment |
2 | | exceeds its actual pupil enrollment for its first year of |
3 | | existence is multiplied by a fraction, the numerator of |
4 | | which is the actual pupil enrollment of the newly created |
5 | | elementary district for its first year of existence and |
6 | | the denominator of which is the actual aggregate pupil |
7 | | enrollment of all of the newly created elementary |
8 | | districts for their first year of existence; |
9 | | (C) the deemed high school pupil enrollment of the |
10 | | newly created combined high school - unit district from a |
11 | | multi-unit conversion shall be an amount equal to its |
12 | | actual grades 9 through 12 pupil enrollment for its first |
13 | | year of existence multiplied by 1.25; and |
14 | | (D) the deemed elementary pupil enrollment of each |
15 | | newly created district from a multi-unit conversion shall |
16 | | be an amount equal to each district's actual grade K |
17 | | through 8 pupil enrollment for its first year of |
18 | | existence, reduced by an amount equal to the product |
19 | | obtained when the amount by which the newly created |
20 | | combined high school - unit district's deemed high school |
21 | | pupil enrollment exceeds its actual grade 9 through 12 |
22 | | pupil enrollment for its first year of existence is |
23 | | multiplied by a fraction, the numerator of which is the |
24 | | actual grade K through 8 pupil enrollment of each newly |
25 | | created district for its first year of existence and the |
26 | | denominator of which is the actual aggregate grade K |
|
| | 10200HB0007ham002 | - 21 - | LRB102 02691 CMG 23739 a |
|
|
1 | | through 8 pupil enrollment of all such newly created |
2 | | districts for their first year of existence. |
3 | | The aggregate amount of each supplementary payment under |
4 | | this subdivision (4) and the amount thereof to be allocated to |
5 | | the newly created districts shall be computed by the State |
6 | | Board of Education on the basis of pupil enrollment and other |
7 | | data, which shall be certified to the State Board of |
8 | | Education, on forms that it shall provide for that purpose, by |
9 | | the regional superintendent of schools for each educational |
10 | | service region in which the newly created districts are |
11 | | located.
|
12 | | (5) For a partial elementary unit district, as defined in |
13 | | subsection (a) or (c) of Section 11E-30 of this Code, if, in |
14 | | the first year of existence, the newly created partial |
15 | | elementary unit district qualifies for less general State aid |
16 | | and supplemental general State aid under Section 18-8.05 of |
17 | | this Code or less evidence-based funding under Section 18-8.15 |
18 | | of this Code, as applicable, than would have been payable |
19 | | under those Sections for that same year to the previously |
20 | | existing districts that formed the partial elementary unit |
21 | | district, then a supplementary payment equal to that |
22 | | difference shall be made to the partial elementary unit |
23 | | district for the first 4 years of existence of that newly |
24 | | created district. |
25 | | (6) For an elementary opt-in, as described in subsection |
26 | | (d) of Section 11E-30 of this Code, the general State aid or |
|
| | 10200HB0007ham002 | - 22 - | LRB102 02691 CMG 23739 a |
|
|
1 | | evidence-based funding difference shall be computed in |
2 | | accordance with paragraph (5) of this subsection (a) as if the |
3 | | elementary opt-in was included in an optional elementary unit |
4 | | district at the optional elementary unit district's original |
5 | | effective date. If the calculation in this paragraph (6) is |
6 | | less than that calculated in paragraph (5) of this subsection |
7 | | (a) at the optional elementary unit district's original |
8 | | effective date, then no adjustments may be made. If the |
9 | | calculation in this paragraph (6) is more than that calculated |
10 | | in paragraph (5) of this subsection (a) at the optional |
11 | | elementary unit district's original effective date, then the |
12 | | excess must be paid as follows: |
13 | | (A) If the effective date for the elementary opt-in is |
14 | | one year after the effective date for the optional |
15 | | elementary unit district, 100% of the calculated excess |
16 | | shall be paid to the optional elementary unit district in |
17 | | each of the first 4 years after the effective date of the |
18 | | elementary opt-in. |
19 | | (B) If the effective date for the elementary opt-in is |
20 | | 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 in |
23 | | each of the first 4 years after the effective date of the |
24 | | elementary opt-in. |
25 | | (C) If the effective date for the elementary opt-in is |
26 | | 3 years after the effective date for the optional |
|
| | 10200HB0007ham002 | - 23 - | LRB102 02691 CMG 23739 a |
|
|
1 | | elementary unit district, 50% of the calculated excess |
2 | | shall be paid to the optional elementary unit district in |
3 | | each of the first 4 years after the effective date of the |
4 | | elementary opt-in. |
5 | | (D) If the effective date for the elementary opt-in is |
6 | | 4 years after the effective date for the optional |
7 | | elementary unit district, 25% of the calculated excess |
8 | | shall be paid to the optional elementary unit district in |
9 | | each of the first 4 years after the effective date of the |
10 | | elementary opt-in. |
11 | | (E) If the effective date for the elementary opt-in is |
12 | | 5 years after the effective date for the optional |
13 | | elementary unit district, the optional elementary unit |
14 | | district is not eligible for any additional incentives due |
15 | | to the elementary opt-in. |
16 | | (6.5) For a school district that annexes territory |
17 | | detached from another school district whereby the enrollment |
18 | | of the annexing district increases by 90% or more as a result |
19 | | of the annexation, for the first year during which the change |
20 | | of boundaries attributable to the annexation becomes effective |
21 | | for all purposes as determined under Section 7-9 of this Code, |
22 | | the general State aid and supplemental general State aid or |
23 | | evidence-based funding, as applicable, calculated under this |
24 | | Section shall be computed for the district gaining territory |
25 | | and the district losing territory as constituted after the |
26 | | annexation and for the same districts as constituted prior to |
|
| | 10200HB0007ham002 | - 24 - | LRB102 02691 CMG 23739 a |
|
|
1 | | the annexation; and if the aggregate of the general State aid |
2 | | and supplemental general State aid or evidence-based funding, |
3 | | as applicable, as so computed for the district gaining |
4 | | territory and the district losing territory as constituted |
5 | | after the annexation is less than the aggregate of the general |
6 | | State aid and supplemental general State aid or evidence-based |
7 | | funding, as applicable, as so computed for the district |
8 | | gaining territory and the district losing territory as |
9 | | constituted prior to the annexation, then a supplementary |
10 | | payment shall be made to the annexing district for the first 4 |
11 | | years of existence after the annexation, equal to the |
12 | | difference multiplied by the ratio of student enrollment in |
13 | | the territory detached to the total student enrollment in the |
14 | | district losing territory for the year prior to the effective |
15 | | date of the annexation. The amount of the total difference and |
16 | | the proportion paid to the annexing district shall be computed |
17 | | by the State Board of Education on the basis of pupil |
18 | | enrollment and other data that must be submitted to the State |
19 | | Board of Education in accordance with Section 7-14A of this |
20 | | Code. The changes to this Section made by Public Act 95-707
are |
21 | | intended to be retroactive and applicable to any annexation |
22 | | taking effect on or after July 1, 2004. For annexations that |
23 | | are eligible for payments under this paragraph (6.5) and that |
24 | | are effective on or after July 1, 2004, but before January 11, |
25 | | 2008 (the effective date of Public Act 95-707), the first |
26 | | required yearly payment under this paragraph (6.5) shall be |
|
| | 10200HB0007ham002 | - 25 - | LRB102 02691 CMG 23739 a |
|
|
1 | | paid in the fiscal year of January 11, 2008 (the effective date |
2 | | of Public Act 95-707). Subsequent required yearly payments |
3 | | shall be paid in subsequent fiscal years until the payment |
4 | | obligation under this paragraph (6.5) is complete. |
5 | | (7) Claims for financial assistance under this subsection |
6 | | (a) may not be recomputed except as expressly provided under |
7 | | Section 18-8.05 or 18-8.15 of this Code. |
8 | | (8) Any supplementary payment made under this subsection |
9 | | (a) must be treated as separate from all other payments made |
10 | | pursuant to Section 18-8.05 or 18-8.15 of this Code. |
11 | | (b)(1) After the formation of a combined school district, |
12 | | as defined in Section 11E-20 of this Code, or a unit district, |
13 | | as defined in Section 11E-25 of this Code, a computation shall |
14 | | be made to determine the difference between the salaries |
15 | | effective in each of the previously existing districts on June |
16 | | 30, prior to the creation of the new district. For the first 4 |
17 | | years after the formation of the new district, a supplementary |
18 | | State aid reimbursement shall be paid to the new district |
19 | | equal to the difference between the sum of the salaries earned |
20 | | by each of the certificated members of the new district, while |
21 | | employed in one of the previously existing districts during |
22 | | the year immediately preceding the formation of the new |
23 | | district, and the sum of the salaries those certificated |
24 | | members would have been paid during the year immediately prior |
25 | | to the formation of the new district if placed on the salary |
26 | | schedule of the previously existing district with the highest |
|
| | 10200HB0007ham002 | - 26 - | LRB102 02691 CMG 23739 a |
|
|
1 | | salary schedule. |
2 | | (2) After the territory of one or more school districts is |
3 | | annexed by one or more other school districts as defined in |
4 | | Article 7 of this Code, a computation shall be made to |
5 | | determine the difference between the salaries effective in |
6 | | each annexed district and in the annexing district or |
7 | | districts as they were each constituted on June 30 preceding |
8 | | the date when the change of boundaries attributable to the |
9 | | annexation became effective for all purposes, as determined |
10 | | under Section 7-9 of this Code. For the first 4 years after the |
11 | | annexation, a supplementary State aid reimbursement shall be |
12 | | paid to each annexing district as constituted after the |
13 | | annexation equal to the difference between the sum of the |
14 | | salaries earned by each of the certificated members of the |
15 | | annexing district as constituted after the annexation, while |
16 | | employed in an annexed or annexing district during the year |
17 | | immediately preceding the annexation, and the sum of the |
18 | | salaries those certificated members would have been paid |
19 | | during the immediately preceding year if placed on the salary |
20 | | schedule of whichever of the annexing or annexed districts had |
21 | | the highest salary schedule during the immediately preceding |
22 | | year. |
23 | | (3) For each new high school district formed under a |
24 | | school district conversion, as defined in Section 11E-15 of |
25 | | this Code, the State shall make a supplementary payment for 4 |
26 | | years equal to the difference between the sum of the salaries |
|
| | 10200HB0007ham002 | - 27 - | LRB102 02691 CMG 23739 a |
|
|
1 | | earned by each certified member of the new high school |
2 | | district, while employed in one of the previously existing |
3 | | districts, and the sum of the salaries those certified members |
4 | | would have been paid if placed on the salary schedule of the |
5 | | previously existing district with the highest salary schedule. |
6 | | (4) For each newly created partial elementary unit |
7 | | district, the State shall make a supplementary payment for 4 |
8 | | years equal to the difference between the sum of the salaries |
9 | | earned by each certified member of the newly created partial |
10 | | elementary unit district, while employed in one of the |
11 | | previously existing districts that formed the partial |
12 | | elementary unit district, and the sum of the salaries those |
13 | | certified members would have been paid if placed on the salary |
14 | | schedule of the previously existing district with the highest |
15 | | salary schedule. The salary schedules used in the calculation |
16 | | shall be those in effect in the previously existing districts |
17 | | for the school year prior to the creation of the new partial |
18 | | elementary unit district. |
19 | | (5) For an elementary district opt-in, as described in |
20 | | subsection (d) of Section 11E-30 of this Code, the salary |
21 | | difference incentive shall be computed in accordance with |
22 | | paragraph (4) of this subsection (b) as if the opted-in |
23 | | elementary district was included in the optional elementary |
24 | | unit district at the optional elementary unit district's |
25 | | original effective date. If the calculation in this paragraph |
26 | | (5) is less than that calculated in paragraph (4) of this |
|
| | 10200HB0007ham002 | - 28 - | LRB102 02691 CMG 23739 a |
|
|
1 | | subsection (b) at the optional elementary unit district's |
2 | | original effective date, then no adjustments may be made. If |
3 | | the calculation in this paragraph (5) is more than that |
4 | | calculated in paragraph (4) of this subsection (b) at the |
5 | | optional elementary unit district's original effective date, |
6 | | then the excess must be paid as follows: |
7 | | (A) If the effective date for the elementary opt-in is |
8 | | one year after the effective date for the optional |
9 | | elementary unit district, 100% of the calculated excess |
10 | | shall be paid to the optional elementary unit district in |
11 | | each of the first 4 years after the effective date of the |
12 | | elementary opt-in. |
13 | | (B) If the effective date for the elementary opt-in is |
14 | | 2 years after the effective date for the optional |
15 | | elementary unit district, 75% of the calculated excess |
16 | | shall be paid to the optional elementary unit district in |
17 | | each of the first 4 years after the effective date of the |
18 | | elementary opt-in. |
19 | | (C) If the effective date for the elementary opt-in is |
20 | | 3 years after the effective date for the optional |
21 | | elementary unit district, 50% of the calculated excess |
22 | | shall be paid to the optional elementary unit district in |
23 | | each of the first 4 years after the effective date of the |
24 | | elementary opt-in. |
25 | | (D) If the effective date for the elementary opt-in is |
26 | | 4 years after the effective date for the partial |
|
| | 10200HB0007ham002 | - 29 - | LRB102 02691 CMG 23739 a |
|
|
1 | | elementary unit district, 25% of the calculated excess |
2 | | shall be paid to the optional elementary unit district in |
3 | | each of the first 4 years after the effective date of the |
4 | | elementary opt-in. |
5 | | (E) If the effective date for the elementary opt-in is |
6 | | 5 years after the effective date for the optional |
7 | | elementary unit district, the optional elementary unit |
8 | | district is not eligible for any additional incentives due |
9 | | to the elementary opt-in. |
10 | | (5.5) After the formation of a cooperative high school by |
11 | | 2 or more school districts under Section 10-22.22c of this |
12 | | Code, a computation shall be made to determine the difference |
13 | | between the salaries effective in each of the previously |
14 | | existing high schools on June 30 prior to the formation of the |
15 | | cooperative high school. For the first 4 years after the |
16 | | formation of the cooperative high school, a supplementary |
17 | | State aid reimbursement shall be paid to the cooperative high |
18 | | school equal to the difference between the sum of the salaries |
19 | | earned by each of the certificated members of the cooperative |
20 | | high school while employed in one of the previously existing |
21 | | high schools during the year immediately preceding the |
22 | | formation of the cooperative high school and the sum of the |
23 | | salaries those certificated members would have been paid |
24 | | during the year immediately prior to the formation of the |
25 | | cooperative high school if placed on the salary schedule of |
26 | | the previously existing high school with the highest salary |
|
| | 10200HB0007ham002 | - 30 - | LRB102 02691 CMG 23739 a |
|
|
1 | | schedule. |
2 | | (5.10) After the annexation of territory detached from
|
3 | | another school district whereby the enrollment of the annexing
|
4 | | district increases by 90% or more as a result of the
|
5 | | annexation, a computation shall be made to determine the
|
6 | | difference between the salaries effective in the district
|
7 | | gaining territory and the district losing territory as they
|
8 | | each were constituted on June 30 preceding the date when the
|
9 | | change of boundaries attributable to the annexation became
|
10 | | effective for all purposes as determined under Section 7-9 of
|
11 | | this Code. For the first 4 years after the annexation, a
|
12 | | supplementary State aid reimbursement shall be paid to the
|
13 | | annexing district equal to the difference between the sum of
|
14 | | the salaries earned by each of the certificated members of the
|
15 | | annexing district as constituted after the annexation while
|
16 | | employed in the district gaining territory or the district
|
17 | | losing territory during the year immediately preceding the
|
18 | | annexation and the sum of the salaries those certificated
|
19 | | members would have been paid during such immediately preceding
|
20 | | year if placed on the salary schedule of whichever of the
|
21 | | district gaining territory or district losing territory had |
22 | | the
highest salary schedule during the immediately preceding |
23 | | year.
To be eligible for supplementary State aid reimbursement |
24 | | under
this Section, the intergovernmental agreement to be |
25 | | submitted
pursuant to Section 7-14A of this Code must show |
26 | | that staff
members were transferred from the control of the |
|
| | 10200HB0007ham002 | - 31 - | LRB102 02691 CMG 23739 a |
|
|
1 | | district
losing territory to the control of the district |
2 | | gaining
territory in the annexation. The changes to this |
3 | | Section made
by Public Act 95-707
are
intended to be |
4 | | retroactive and applicable to any annexation
taking effect on |
5 | | or after July 1, 2004. For annexations that are eligible for |
6 | | payments under this paragraph (5.10) and that are effective on |
7 | | or after July 1, 2004, but before January 11, 2008 (the |
8 | | effective date of Public Act 95-707), the first required |
9 | | yearly payment under this paragraph (5.10) shall be paid in |
10 | | the fiscal year of January 11, 2008 (the effective date of |
11 | | Public Act 95-707). Subsequent required yearly payments shall |
12 | | be paid in subsequent fiscal years until the payment |
13 | | obligation under this paragraph (5.10) is complete.
|
14 | | (5.15)
After the deactivation of a school facility in |
15 | | accordance with Section 10-22.22b of this Code, a computation |
16 | | shall be made to determine the difference between the salaries |
17 | | effective in the sending school district and each receiving |
18 | | school district on June 30 prior to the deactivation of the |
19 | | school facility. For the lesser of the first 4 years after the |
20 | | deactivation of the school facility or the length of the |
21 | | deactivation agreement, including any renewals of the original |
22 | | deactivation agreement, a supplementary State aid |
23 | | reimbursement shall be paid to each receiving district equal |
24 | | to the difference between the sum of the salaries earned by |
25 | | each of the certificated members transferred to that receiving |
26 | | district as a result of the deactivation while employed in the |
|
| | 10200HB0007ham002 | - 32 - | LRB102 02691 CMG 23739 a |
|
|
1 | | sending district during the year immediately preceding the |
2 | | deactivation and the sum of the salaries those certificated |
3 | | members would have been paid during the year immediately |
4 | | preceding the deactivation if placed on the salary schedule of |
5 | | the sending or receiving district with the highest salary |
6 | | schedule. |
7 | | (6) The supplementary State aid reimbursement under this |
8 | | subsection (b) shall be treated as separate from all other |
9 | | payments made pursuant to Section 18-8.05 of this Code. In the |
10 | | case of the formation of a new district or cooperative high |
11 | | school or a deactivation, reimbursement shall begin during the |
12 | | first year of operation of the new district or cooperative |
13 | | high school or the first year of the deactivation, and in the |
14 | | case of an annexation of the territory of one or more school |
15 | | districts by one or more other school districts or the |
16 | | annexation of territory detached from a school district |
17 | | whereby
the enrollment of the annexing district increases by |
18 | | 90% or
more as a result of the annexation, reimbursement shall |
19 | | begin during the first year when the change in boundaries |
20 | | attributable to the annexation becomes effective for all |
21 | | purposes as determined pursuant to Section 7-9 of this Code, |
22 | | except that for an annexation of territory detached from a |
23 | | school district that is effective on or after July 1, 2004, but |
24 | | before January 11, 2008 (the effective date of Public Act |
25 | | 95-707), whereby the enrollment of the annexing district |
26 | | increases by 90% or more as a result of the annexation, |
|
| | 10200HB0007ham002 | - 33 - | LRB102 02691 CMG 23739 a |
|
|
1 | | reimbursement shall begin during the fiscal year of January |
2 | | 11, 2008 (the effective date of Public Act 95-707). Each year |
3 | | that the new, annexing, or receiving district or cooperative |
4 | | high school, as the case may be, is entitled to receive |
5 | | reimbursement, the number of eligible certified members who |
6 | | are employed on October 1 in the district or cooperative high |
7 | | school shall be certified to the State Board of Education on |
8 | | prescribed forms by October 15 and payment shall be made on or |
9 | | before November 15 of that year. |
10 | | (c)(1) For the first year after the formation of a |
11 | | combined school district, as defined in Section 11E-20 of this |
12 | | Code or a unit district, as defined in Section 11E-25 of this |
13 | | Code, a computation shall be made totaling each previously |
14 | | existing district's audited fund balances in the educational |
15 | | fund, working cash fund, operations and maintenance fund, and |
16 | | transportation fund for the year ending June 30 prior to the |
17 | | referendum for the creation of the new district. The new |
18 | | district shall be paid supplementary State aid equal to the |
19 | | sum of the differences between the deficit of the previously |
20 | | existing district with the smallest deficit and the deficits |
21 | | of each of the other previously existing districts. |
22 | | (2) For the first year after the annexation of all of the |
23 | | territory of one or more entire school districts by another |
24 | | school district, as defined in Article 7 of this Code, |
25 | | computations shall be made, for the year ending June 30 prior |
26 | | to the date that the change of boundaries attributable to the |
|
| | 10200HB0007ham002 | - 34 - | LRB102 02691 CMG 23739 a |
|
|
1 | | annexation is allowed by the affirmative decision issued by |
2 | | the regional board of school trustees under Section 7-6 of |
3 | | this Code, notwithstanding any effort to seek administrative |
4 | | review of the decision, totaling the annexing district's and |
5 | | totaling each annexed district's audited fund balances in |
6 | | their respective educational, working cash, operations and |
7 | | maintenance, and transportation funds. The annexing district |
8 | | as constituted after the annexation shall be paid |
9 | | supplementary State aid equal to the sum of the differences |
10 | | between the deficit of whichever of the annexing or annexed |
11 | | districts as constituted prior to the annexation had the |
12 | | smallest deficit and the deficits of each of the other |
13 | | districts as constituted prior to the annexation. |
14 | | (3) For the first year after the annexation of all of the |
15 | | territory of one or more entire school districts by 2 or more |
16 | | other school districts, as defined by Article 7 of this Code, |
17 | | computations shall be made, for the year ending June 30 prior |
18 | | to the date that the change of boundaries attributable to the |
19 | | annexation is allowed by the affirmative decision of the |
20 | | regional board of school trustees under Section 7-6 of this |
21 | | Code, notwithstanding any action for administrative review of |
22 | | the decision, totaling each annexing and annexed district's |
23 | | audited fund balances in their respective educational, working |
24 | | cash, operations and maintenance, and transportation funds. |
25 | | The annexing districts as constituted after the annexation |
26 | | shall be paid supplementary State aid, allocated as provided |
|
| | 10200HB0007ham002 | - 35 - | LRB102 02691 CMG 23739 a |
|
|
1 | | in this paragraph (3), in an aggregate amount equal to the sum |
2 | | of the differences between the deficit of whichever of the |
3 | | annexing or annexed districts as constituted prior to the |
4 | | annexation had the smallest deficit and the deficits of each |
5 | | of the other districts as constituted prior to the annexation. |
6 | | The aggregate amount of the supplementary State aid payable |
7 | | under this paragraph (3) shall be allocated between or among |
8 | | the annexing districts as follows: |
9 | | (A) the regional superintendent of schools for each |
10 | | educational service region in which an annexed district is |
11 | | located prior to the annexation shall certify to the State |
12 | | Board of Education, on forms that it shall provide for |
13 | | that purpose, the value of all taxable property in each |
14 | | annexed district, as last equalized or assessed by the |
15 | | Department of Revenue prior to the annexation, and the |
16 | | equalized assessed value of each part of the annexed |
17 | | district that was annexed to or included as a part of an |
18 | | annexing district; |
19 | | (B) using equalized assessed values as certified by |
20 | | the regional superintendent of schools under clause (A) of |
21 | | this paragraph (3), the combined audited fund balance |
22 | | deficit of each annexed district as determined under this |
23 | | Section shall be apportioned between or among the annexing |
24 | | districts in the same ratio as the equalized assessed |
25 | | value of that part of the annexed district that was |
26 | | annexed to or included as a part of an annexing district |
|
| | 10200HB0007ham002 | - 36 - | LRB102 02691 CMG 23739 a |
|
|
1 | | bears to the total equalized assessed value of the annexed |
2 | | district; and |
3 | | (C) the aggregate supplementary State aid payment |
4 | | under this paragraph (3) shall be allocated between or |
5 | | among, and shall be paid to, the annexing districts in the |
6 | | same ratio as the sum of the combined audited fund balance |
7 | | deficit of each annexing district as constituted prior to |
8 | | the annexation, plus all combined audited fund balance |
9 | | deficit amounts apportioned to that annexing district |
10 | | under clause (B) of this subsection, bears to the |
11 | | aggregate of the combined audited fund balance deficits of |
12 | | all of the annexing and annexed districts as constituted |
13 | | prior to the annexation. |
14 | | (4) For the new elementary districts and new high school |
15 | | district formed through a school district conversion, as |
16 | | defined in Section 11E-15 of this Code or the new elementary |
17 | | district or districts and new combined high school - unit |
18 | | district formed through a multi-unit conversion, as defined in |
19 | | subsection (b) of Section 11E-30 of this Code, a computation |
20 | | shall be made totaling each previously existing district's |
21 | | audited fund balances in the educational fund, working cash |
22 | | fund, operations and maintenance fund, and transportation fund |
23 | | for the year ending June 30 prior to the referendum |
24 | | establishing the new districts. In the first year of the new |
25 | | districts, the State shall make a one-time supplementary |
26 | | payment equal to the sum of the differences between the |
|
| | 10200HB0007ham002 | - 37 - | LRB102 02691 CMG 23739 a |
|
|
1 | | deficit of the previously existing district with the smallest |
2 | | deficit and the deficits of each of the other previously |
3 | | existing districts. A district with a combined balance among |
4 | | the 4 funds that is positive shall be considered to have a |
5 | | deficit of zero. The supplementary payment shall be allocated |
6 | | among the newly formed high school and elementary districts in |
7 | | the manner provided by the petition for the formation of the |
8 | | districts, in the form in which the petition is approved by the |
9 | | regional superintendent of schools or State Superintendent of |
10 | | Education under Section 11E-50 of this Code. |
11 | | (5) For each newly created partial elementary unit |
12 | | district, as defined in subsection (a) or (c) of Section |
13 | | 11E-30 of this Code, a computation shall be made totaling the |
14 | | audited fund balances of each previously existing district |
15 | | that formed the new partial elementary unit district in the |
16 | | educational fund, working cash fund, operations and |
17 | | maintenance fund, and transportation fund for the year ending |
18 | | June 30 prior to the referendum for the formation of the |
19 | | partial elementary unit district. In the first year of the new |
20 | | partial elementary unit district, the State shall make a |
21 | | one-time supplementary payment to the new district equal to |
22 | | the sum of the differences between the deficit of the |
23 | | previously existing district with the smallest deficit and the |
24 | | deficits of each of the other previously existing districts. A |
25 | | district with a combined balance among the 4 funds that is |
26 | | positive shall be considered to have a deficit of zero. |
|
| | 10200HB0007ham002 | - 38 - | LRB102 02691 CMG 23739 a |
|
|
1 | | (6) For an elementary opt-in as defined in subsection (d) |
2 | | of Section 11E-30 of this Code, the deficit fund balance |
3 | | incentive shall be computed in accordance with paragraph (5) |
4 | | of this subsection (c) as if the opted-in elementary was |
5 | | included in the optional elementary unit district at the |
6 | | optional elementary unit district's original effective date. |
7 | | If the calculation in this paragraph (6) is less than that |
8 | | calculated in paragraph (5) of this subsection (c) at the |
9 | | optional elementary unit district's original effective date, |
10 | | then no adjustments may be made. If the calculation in this |
11 | | paragraph (6) is more than that calculated in paragraph (5) of |
12 | | this subsection (c) at the optional elementary unit district's |
13 | | original effective date, then the excess must be paid as |
14 | | follows: |
15 | | (A) If the effective date for the elementary opt-in is |
16 | | one year after the effective date for the optional |
17 | | elementary unit district, 100% of the calculated excess |
18 | | shall be paid to the optional elementary unit district in |
19 | | the first year after the effective date of the elementary |
20 | | opt-in. |
21 | | (B) If the effective date for the elementary opt-in is |
22 | | 2 years after the effective date for the optional |
23 | | elementary unit district, 75% of the calculated excess |
24 | | shall be paid to the optional elementary unit district in |
25 | | the first year after the effective date of the elementary |
26 | | opt-in. |
|
| | 10200HB0007ham002 | - 39 - | LRB102 02691 CMG 23739 a |
|
|
1 | | (C) If the effective date for the elementary opt-in is |
2 | | 3 years after the effective date for the optional |
3 | | elementary unit district, 50% of the calculated excess |
4 | | shall be paid to the optional elementary unit district in |
5 | | the first year after the effective date of the elementary |
6 | | opt-in. |
7 | | (D) If the effective date for the elementary opt-in is |
8 | | 4 years after the effective date for the optional |
9 | | elementary unit district, 25% of the calculated excess |
10 | | shall be paid to the optional elementary unit district in |
11 | | the first year after the effective date of the elementary |
12 | | opt-in. |
13 | | (E) If the effective date for the elementary opt-in is |
14 | | 5 years after the effective date for the optional |
15 | | elementary unit district, the optional elementary unit |
16 | | district is not eligible for any additional incentives due |
17 | | to the elementary opt-in. |
18 | | (6.5) For the first year after the annexation of territory
|
19 | | detached from another school district whereby the enrollment |
20 | | of
the annexing district increases by 90% or more as a result |
21 | | of
the annexation, a computation shall be made totaling the
|
22 | | audited fund balances of the district gaining territory and |
23 | | the
audited fund balances of the district losing territory in |
24 | | the
educational fund, working cash fund, operations and
|
25 | | maintenance fund, and transportation fund for the year ending
|
26 | | June 30 prior to the date that the change of boundaries
|
|
| | 10200HB0007ham002 | - 40 - | LRB102 02691 CMG 23739 a |
|
|
1 | | attributable to the annexation is allowed by the affirmative
|
2 | | decision of the regional board of school trustees under |
3 | | Section
7-6 of this Code, notwithstanding any action for |
4 | | administrative
review of the decision. The annexing district |
5 | | as constituted
after the annexation shall be paid |
6 | | supplementary State aid
equal to the difference between the |
7 | | deficit of whichever
district included in this calculation as |
8 | | constituted prior to
the annexation had the smallest deficit |
9 | | and the deficit of each
other district included in this |
10 | | calculation as constituted
prior to the annexation, multiplied |
11 | | by the ratio of equalized
assessed value of the territory |
12 | | detached to the total equalized
assessed value of the district |
13 | | losing territory. The regional
superintendent of schools for |
14 | | the educational service region in
which a district losing |
15 | | territory is located prior to the
annexation shall certify to |
16 | | the State Board of Education the
value of all taxable property |
17 | | in the district losing territory
and the value of all taxable |
18 | | property in the territory being
detached, as last equalized or |
19 | | assessed by the Department of
Revenue prior to the annexation. |
20 | | To be eligible for
supplementary State aid reimbursement under |
21 | | this Section, the
intergovernmental agreement to be submitted |
22 | | pursuant to
Section 7-14A of this Code must show that fund |
23 | | balances were
transferred from the district losing territory |
24 | | to the district
gaining territory in the annexation. The |
25 | | changes to this
Section made by Public Act 95-707
are intended |
26 | | to be retroactive and applicable to any
annexation taking |
|
| | 10200HB0007ham002 | - 41 - | LRB102 02691 CMG 23739 a |
|
|
1 | | effect on or after July 1, 2004. For annexations that are |
2 | | eligible for payments under this paragraph (6.5) and that are |
3 | | effective on or after July 1, 2004, but before January 11, 2008 |
4 | | (the effective date of Public Act 95-707), the required |
5 | | payment under this paragraph (6.5) shall be paid in the fiscal |
6 | | year of January 11, 2008 (the effective date of Public Act |
7 | | 95-707).
|
8 | | (7) For purposes of any calculation required under |
9 | | paragraph (1), (2), (3), (4), (5), (6), or (6.5) of this |
10 | | subsection (c), a district with a combined fund balance that |
11 | | is positive shall be considered to have a deficit of zero. For |
12 | | purposes of determining each district's audited fund balances |
13 | | in its educational fund, working cash fund, operations and |
14 | | maintenance fund, and transportation fund for the specified |
15 | | year ending June 30, as provided in paragraphs (1), (2), (3), |
16 | | (4), (5), (6), and (6.5) of this subsection (c), the balance of |
17 | | each fund shall be deemed decreased by an amount equal to the |
18 | | amount of the annual property tax theretofore levied in the |
19 | | fund by the district for collection and payment to the |
20 | | district during the calendar year in which the June 30 fell, |
21 | | but only to the extent that the tax so levied in the fund |
22 | | actually was received by the district on or before or |
23 | | comprised a part of the fund on such June 30. For purposes of |
24 | | determining each district's audited fund balances, a |
25 | | calculation shall be made for each fund to determine the |
26 | | average for the 3 years prior to the specified year ending June |
|
| | 10200HB0007ham002 | - 42 - | LRB102 02691 CMG 23739 a |
|
|
1 | | 30, as provided in paragraphs (1), (2), (3), (4), (5), (6), and |
2 | | (6.5) of this subsection (c), of the district's expenditures |
3 | | in the categories "purchased services", "supplies and |
4 | | materials", and "capital outlay", as those categories are |
5 | | defined in rules of the State Board of Education. If this |
6 | | 3-year average is less than the district's expenditures in |
7 | | these categories for the specified year ending June 30, as |
8 | | provided in paragraphs (1), (2), (3), (4), (5), (6), and (6.5) |
9 | | of this subsection (c), then the 3-year average shall be used |
10 | | in calculating the amounts payable under this Section in place |
11 | | of the amounts shown in these categories for the specified |
12 | | year ending June 30, as provided in paragraphs (1), (2), (3), |
13 | | (4), (5), (6), and (6.5) of this subsection (c). Any deficit |
14 | | because of State aid not yet received may not be considered in |
15 | | determining the June 30 deficits. The same basis of accounting |
16 | | shall be used by all previously existing districts and by all |
17 | | annexing or annexed districts, as constituted prior to the |
18 | | annexation, in making any computation required under |
19 | | paragraphs (1), (2), (3), (4), (5), (6), and (6.5) of this |
20 | | subsection (c). |
21 | | (8) The supplementary State aid payments under this |
22 | | subsection (c) shall be treated as separate from all other |
23 | | payments made pursuant to Section 18-8.05 of this Code. |
24 | | (d)(1) Following the formation of a combined school |
25 | | district, as defined in Section 11E-20 of this Code, a new unit |
26 | | district, as defined in Section 11E-25 of this Code, a new |
|
| | 10200HB0007ham002 | - 43 - | LRB102 02691 CMG 23739 a |
|
|
1 | | elementary district or districts and a new high school |
2 | | district formed through a school district conversion, as |
3 | | defined in Section 11E-15 of this Code, a new partial |
4 | | elementary unit district, as defined in Section 11E-30 of this |
5 | | Code, or a new elementary district or districts formed through |
6 | | a multi-unit conversion, as defined in subsection (b) of |
7 | | Section 11E-30 of this Code, or the annexation of all of the |
8 | | territory of one or more entire school districts by one or more |
9 | | other school districts, as defined in Article 7 of this Code, a |
10 | | supplementary State aid reimbursement shall be paid for the |
11 | | number of school years determined under the following table to |
12 | | each new or annexing district equal to the sum of $4,000 for |
13 | | each certified employee who is employed by the district on a |
14 | | full-time basis for the regular term of the school year: |
|
15 | | Reorganized District's Rank |
Reorganized District's Rank |
|
16 | | by type of district (unit, |
in Average Daily Attendance |
|
17 | | high school, elementary) |
By Quintile |
|
18 | | in Equalized Assessed Value |
|
|
|
|
19 | | Per Pupil by Quintile |
|
|
|
|
20 | | |
|
|
3rd, 4th, |
|
21 | | |
1st |
2nd |
or 5th |
|
22 | | |
Quintile |
Quintile |
Quintile |
|
23 | | 1st Quintile |
1 year |
1 year |
1 year |
|
24 | | 2nd Quintile |
1 year |
2 years |
2 years |
|
25 | | 3rd Quintile |
2 years |
3 years |
3 years |
|
|
|
| | 10200HB0007ham002 | - 44 - | LRB102 02691 CMG 23739 a |
|
|
1 | | 4th Quintile |
2 years |
3 years |
3 years |
|
2 | | 5th Quintile |
2 years |
3 years |
3 years |
|
3 | | The State Board of Education shall make a one-time calculation |
4 | | of a reorganized district's quintile ranks. The average daily |
5 | | attendance used in this calculation shall be the best 3 |
6 | | months' average daily attendance for the district's first |
7 | | year. The equalized assessed value per pupil shall be the |
8 | | district's real property equalized assessed value used in |
9 | | calculating the district's first-year general State aid claim, |
10 | | under Section 18-8.05 of this Code, or first-year |
11 | | evidence-based funding claim, under Section 18-8.15 of this |
12 | | Code, as applicable, divided by the best 3 months' average |
13 | | daily attendance. |
14 | | No annexing or resulting school district shall be entitled |
15 | | to supplementary State aid under this subsection (d) unless |
16 | | the district acquires at least 30% of the average daily |
17 | | attendance of the district from which the territory is being |
18 | | detached or divided. |
19 | | If a district results from multiple reorganizations that |
20 | | would otherwise qualify the district for multiple payments |
21 | | under this subsection (d) in any year, then the district shall |
22 | | receive a single payment only for that year based solely on the |
23 | | most recent reorganization. |
24 | | (2) For an elementary opt-in, as defined in subsection (d) |
25 | | of Section 11E-30 of this Code, the full-time certified staff |
|
| | 10200HB0007ham002 | - 45 - | LRB102 02691 CMG 23739 a |
|
|
1 | | incentive shall be computed in accordance with paragraph (1) |
2 | | of this subsection (d), equal to the sum of $4,000 for each |
3 | | certified employee of the elementary district that opts-in who |
4 | | is employed by the optional elementary unit district on a |
5 | | full-time basis for the regular term of the school year. The |
6 | | calculation from this paragraph (2) must be paid as follows: |
7 | | (A) If the effective date for the elementary opt-in is |
8 | | one year after the effective date for the optional |
9 | | elementary unit district, 100% of the amount calculated in |
10 | | this paragraph (2) shall be paid to the optional |
11 | | elementary unit district for the number of years |
12 | | calculated in paragraph (1) of this subsection (d) at the |
13 | | optional elementary unit district's original effective |
14 | | date, starting in the second year after the effective date |
15 | | of the elementary opt-in. |
16 | | (B) If the effective date for the elementary opt-in is |
17 | | 2 years after the effective date for the optional |
18 | | elementary unit district, 75% of the amount calculated in |
19 | | this paragraph (2) shall be paid to the optional |
20 | | elementary unit district for the number of years |
21 | | calculated in paragraph (1) of this subsection (d) at the |
22 | | optional elementary unit district's original effective |
23 | | date, starting in the second year after the effective date |
24 | | of the elementary opt-in. |
25 | | (C) If the effective date for the elementary opt-in is |
26 | | 3 years after the effective date for the optional |
|
| | 10200HB0007ham002 | - 46 - | LRB102 02691 CMG 23739 a |
|
|
1 | | elementary unit district, 50% of the amount calculated in |
2 | | this paragraph (2) shall be paid to the optional |
3 | | elementary unit district for the number of years |
4 | | calculated in paragraph (1) of this subsection (d) at the |
5 | | optional elementary unit district's original effective |
6 | | date, starting in the second year after the effective date |
7 | | of the elementary opt-in. |
8 | | (D) If the effective date for the elementary opt-in is |
9 | | 4 years after the effective date for the optional |
10 | | elementary unit district, 25% of the amount calculated in |
11 | | this paragraph (2) shall be paid to the optional |
12 | | elementary unit district for the number of years |
13 | | calculated in paragraph (1) of this subsection (d) at the |
14 | | optional elementary unit district's original effective |
15 | | date, starting in the second year after the effective date |
16 | | of the elementary opt-in. |
17 | | (E) If the effective date for the elementary opt-in is |
18 | | 5 years after the effective date for the optional |
19 | | elementary unit district, the optional elementary unit |
20 | | district is not eligible for any additional incentives due |
21 | | to the elementary opt-in. |
22 | | (2.5) Following the formation of a cooperative high school |
23 | | by 2 or more school districts under Section 10-22.22c of this |
24 | | Code, a supplementary State aid reimbursement shall be paid |
25 | | for 3 school years to the cooperative high school equal to the |
26 | | sum of $4,000 for each certified employee who is employed by |
|
| | 10200HB0007ham002 | - 47 - | LRB102 02691 CMG 23739 a |
|
|
1 | | the cooperative high school on a full-time basis for the |
2 | | regular term of any such school year. If a cooperative high |
3 | | school results from multiple agreements that would otherwise |
4 | | qualify the cooperative high school for multiple payments |
5 | | under this Section in any year, the cooperative high school |
6 | | shall receive a single payment for that year based solely on |
7 | | the most recent agreement. |
8 | | (2.10) Following the annexation of territory detached from
|
9 | | another school district whereby the enrollment of the annexing
|
10 | | district increases 90% or more as a result of the annexation, a
|
11 | | supplementary State aid reimbursement shall be paid to the
|
12 | | annexing district equal to the sum of $4,000 for each |
13 | | certified
employee who is employed by the annexing district on |
14 | | a
full-time basis and shall be calculated in accordance with
|
15 | | subsection (a) of this Section. To be eligible for
|
16 | | supplementary State aid reimbursement under this Section, the
|
17 | | intergovernmental agreement to be submitted pursuant to
|
18 | | Section 7-14A of this Code must show that certified staff
|
19 | | members were transferred from the control of the district
|
20 | | losing territory to the control of the district gaining
|
21 | | territory in the annexation. The changes to this Section made
|
22 | | by Public Act 95-707
are
intended to be retroactive and |
23 | | applicable to any annexation
taking effect on or after July 1, |
24 | | 2004. For annexations that are eligible for payments under |
25 | | this paragraph (2.10) and that are effective on or after July |
26 | | 1, 2004, but before January 11, 2008 (the effective date of |
|
| | 10200HB0007ham002 | - 48 - | LRB102 02691 CMG 23739 a |
|
|
1 | | Public Act 95-707), the first required yearly payment under |
2 | | this paragraph (2.10) shall be paid in the second fiscal year |
3 | | after January 11, 2008 (the effective date of Public Act |
4 | | 95-707). Any subsequent required yearly payments shall be paid |
5 | | in subsequent fiscal years until the payment obligation under |
6 | | this paragraph (2.10) is complete.
|
7 | | (2.15)
Following the deactivation of a school facility in |
8 | | accordance with Section 10-22.22b of this Code, a |
9 | | supplementary State aid reimbursement shall be paid for the |
10 | | lesser of 3 school years or the length of the deactivation |
11 | | agreement, including any renewals of the original deactivation |
12 | | agreement, to each receiving school district equal to the sum |
13 | | of $4,000 for each certified employee who is employed by that |
14 | | receiving district on a full-time basis for the regular term |
15 | | of any such school year who was originally transferred to the |
16 | | control of that receiving district as a result of the |
17 | | deactivation. Receiving districts are eligible for payments |
18 | | under this paragraph (2.15)
based on the certified employees |
19 | | transferred to that receiving district as a result of the |
20 | | deactivation and are not required to receive at least 30% of |
21 | | the deactivating district's average daily attendance as |
22 | | required under paragraph (1) of this subsection (d) to be |
23 | | eligible for payments. |
24 | | (3) The supplementary State aid reimbursement payable |
25 | | under this subsection (d) shall be separate from and in |
26 | | addition to all other payments made to the district pursuant |
|
| | 10200HB0007ham002 | - 49 - | LRB102 02691 CMG 23739 a |
|
|
1 | | to any other Section of this Article. |
2 | | (4) During May of each school year for which a |
3 | | supplementary State aid reimbursement is to be paid to a new, |
4 | | annexing, or receiving school district or cooperative high |
5 | | school pursuant to this subsection (d), the school board or |
6 | | governing board shall certify to the State Board of Education, |
7 | | on forms furnished to the school board or governing board by |
8 | | the State Board of Education for purposes of this subsection |
9 | | (d), the number of certified employees for which the district |
10 | | or cooperative high school is entitled to reimbursement under |
11 | | this Section, together with the names, certificate numbers, |
12 | | and positions held by the certified employees. |
13 | | (5) Upon certification by the State Board of Education to |
14 | | the State Comptroller of the amount of the supplementary State |
15 | | aid reimbursement to which a school district or cooperative |
16 | | high school is entitled under this subsection (d), the State |
17 | | Comptroller shall draw his or her warrant upon the State |
18 | | Treasurer for the payment thereof to the school district or |
19 | | cooperative high school and shall promptly transmit the |
20 | | payment to the school district or cooperative high school |
21 | | through the appropriate school treasurer.
|
22 | | (Source: P.A. 100-465, eff. 8-31-17.) |
23 | | (105 ILCS 5/11E-140 new) |
24 | | Sec. 11E-140. Efficient School District Commission. |
25 | | (a) The Efficient School District Commission is created. |
|
| | 10200HB0007ham002 | - 50 - | LRB102 02691 CMG 23739 a |
|
|
1 | | The purpose of the Commission is to provide recommendations to |
2 | | the Governor, the General Assembly, and the public regarding |
3 | | the optimal number of school districts in this State, the |
4 | | optimal student enrollment amount for a school district, and |
5 | | locations in this State where the reorganization and |
6 | | realignment of school districts would be beneficial. The |
7 | | Commission shall consist of all of the following voting |
8 | | members: |
9 | | (1) One member appointed by the Governor, who shall |
10 | | serve as the chairperson. |
11 | | (2) One member appointed by the State Board of |
12 | | Education. |
13 | | (3) One representative appointed by the Speaker of the |
14 | | House of Representatives. |
15 | | (4) One representative appointed by the Minority |
16 | | Leader of the House of Representatives. |
17 | | (5) One senator appointed by the President of the |
18 | | Senate. |
19 | | (6) One senator appointed by the Minority Leader of |
20 | | the Senate. |
21 | | (7) A representative appointed by the head of the |
22 | | largest statewide professional teachers' organization, as |
23 | | measured by the number of members reported in its most |
24 | | recent federal Form LM-2 Labor Organization Annual Report. |
25 | | (8) A representative appointed by the head of the |
26 | | second largest statewide professional teachers' |
|
| | 10200HB0007ham002 | - 51 - | LRB102 02691 CMG 23739 a |
|
|
1 | | organization, as measured by the number of members |
2 | | reported in its most recent federal Form LM-2 Labor |
3 | | Organization Annual Report. |
4 | | (9) A representative appointed by the head of an |
5 | | organization that represents school boards, selected by |
6 | | the chairperson of the Commission. |
7 | | (10) A representative appointed by the head of a |
8 | | statewide organization that represents school principals, |
9 | | selected by the chairperson of the Commission. |
10 | | (11) A parent of a child enrolled in or a teacher or an |
11 | | administrator employed by a school located in the West |
12 | | Cook region of the State Board of Education's Statewide |
13 | | System of Support Fiscal Agents (Region 1-B-B), appointed |
14 | | by the chairperson of the Commission. |
15 | | (12) A parent of a child enrolled in or a teacher or an |
16 | | administrator employed by a school located in the South |
17 | | Cook region of the State Board of Education's Statewide |
18 | | System of Support Fiscal Agents (Region 1-B-C), appointed |
19 | | by the chairperson of the Commission. |
20 | | (13) A parent of a child enrolled in or a teacher or an |
21 | | administrator employed by a school located in the North |
22 | | Cook region of the State Board of Education's Statewide |
23 | | System of Support Fiscal Agents (Region 1-B-D), appointed |
24 | | by the chairperson of the Commission. |
25 | | (14) A parent of a child enrolled in or a teacher or an |
26 | | administrator employed by a school located in the |
|
| | 10200HB0007ham002 | - 52 - | LRB102 02691 CMG 23739 a |
|
|
1 | | Northeast region of the State Board of Education's |
2 | | Statewide System of Support Fiscal Agents (Area 1-C), |
3 | | appointed by the chairperson of the Commission. |
4 | | (15) A parent of a child enrolled in or a teacher or an |
5 | | administrator employed by a school located in the |
6 | | Northwest region of the State Board of Education's |
7 | | Statewide System of Support Fiscal Agents (Area 2), |
8 | | appointed by the chairperson of the Commission. |
9 | | (16) A parent of a child enrolled in or a teacher or an |
10 | | administrator employed by a school located in the West |
11 | | Central region of the State Board of Education's Statewide |
12 | | System of Support Fiscal Agents (Area 3), appointed by the |
13 | | chairperson of the Commission. |
14 | | (17) A parent of a child enrolled in or a teacher or an |
15 | | administrator employed by a school located in the East |
16 | | Central region of the State Board of Education's Statewide |
17 | | System of Support Fiscal Agents (Area 4), appointed by the |
18 | | chairperson of the Commission. |
19 | | (18) A parent of a child enrolled in or a teacher or an |
20 | | administrator employed by a school located in the |
21 | | Southwest region of the State Board of Education's |
22 | | Statewide System of Support Fiscal Agents (Area 5), |
23 | | appointed by the chairperson of the Commission. |
24 | | (19) A parent of a child enrolled in or a teacher or an |
25 | | administrator employed by a school located in the |
26 | | Southeast region of the State Board of Education's |
|
| | 10200HB0007ham002 | - 53 - | LRB102 02691 CMG 23739 a |
|
|
1 | | Statewide System of Support Fiscal Agents (Area 6), |
2 | | appointed by the chairperson of the Commission. |
3 | | (20) A representative appointed by the head of an |
4 | | association that represents school business officials, |
5 | | selected by the chairperson of the Commission. |
6 | | (21) A representative appointed by the head of an |
7 | | association that represents school administrators, |
8 | | selected by the chairperson of the Commission. |
9 | | (22) A representative appointed by the head of an |
10 | | association that represents administrators of special |
11 | | education, selected by the chairperson of the Commission. |
12 | | (23) A representative appointed by the head of a |
13 | | statewide parent organization, selected by the chairperson |
14 | | of the Commission. |
15 | | (24) A representative appointed by the head of an |
16 | | organization that represents high school districts, |
17 | | selected by the chairperson of the Commission. |
18 | | (25) A representative appointed by the head of an |
19 | | association that represents regional superintendents of |
20 | | schools, selected by the chairperson of the Commission. |
21 | | Members shall serve without compensation, but shall be |
22 | | reimbursed for their reasonable and necessary expenses from |
23 | | funds appropriated for that purpose. Members shall be |
24 | | reimbursed for their travel expenses from appropriations to |
25 | | the State Board of Education made available for that purpose |
26 | | and subject to the rules of the appropriate travel control |
|
| | 10200HB0007ham002 | - 54 - | LRB102 02691 CMG 23739 a |
|
|
1 | | board. |
2 | | The Commission shall meet at the call of the chairperson, |
3 | | with the initial meeting to occur as soon as possible after the |
4 | | effective date of this amendatory Act of the 102nd General |
5 | | Assembly. The Commission shall hold public hearings throughout |
6 | | the State. The chairperson is authorized to form subcommittees |
7 | | to represent each of the 9 regions of the State Board of |
8 | | Education's Statewide System of Support Fiscal Agents that do |
9 | | not include the Chicago region (Region 1-A) to facilitate the |
10 | | public hearings. Any subcommittees formed shall each be |
11 | | chaired by the member of the Commission appointed under |
12 | | whichever of paragraphs (11) through (19) of this subsection |
13 | | (a) who is associated with the relevant region. Each |
14 | | subcommittee chairperson shall appoint 4 members of the |
15 | | subcommittee, each member being a parent of a child enrolled |
16 | | in or a teacher or an administrator employed by a school |
17 | | located in the region represented by the subcommittee. Each |
18 | | subcommittee shall report its findings from a public hearing |
19 | | to the Commission. Each subcommittee is authorized to make |
20 | | recommendations under paragraph (5) of subsection (b) |
21 | | regarding the reorganization of school districts located in |
22 | | its region. |
23 | | The State Board shall provide administrative assistance |
24 | | and necessary staff support services to the Commission. |
25 | | (b) Recommendations of the Efficient School District |
26 | | Commission must focus on all of the following areas: |
|
| | 10200HB0007ham002 | - 55 - | LRB102 02691 CMG 23739 a |
|
|
1 | | (1) Reducing the money spent on the duplication of |
2 | | efforts. |
3 | | (2) Improving the education of students by having |
4 | | fewer obstacles between qualified teachers and their |
5 | | students. |
6 | | (3) Lowering the property tax burden. |
7 | | (4) Providing recommendations on what the net cost |
8 | | savings of realignment is to this State. |
9 | | (5) With a view toward reducing unnecessary |
10 | | administrative costs, improving the education of students, |
11 | | and lowering the property tax burden, drafting specific |
12 | | recommendations to reduce the statewide total number of |
13 | | school districts by no less than 25% through the |
14 | | reorganization of school districts into unit districts |
15 | | under Section 11E-25 of this Code. Each recommendation |
16 | | under this paragraph (5) must include all of the |
17 | | following: |
18 | | (A) A request to submit a proposition at the next |
19 | | general election for the purpose of voting for or |
20 | | against the establishment of a combined unit district. |
21 | | (B) A description of the territory comprising the |
22 | | districts proposed to be dissolved and those to be |
23 | | created, which, for an entire district, may be a |
24 | | general reference to all of the territory included |
25 | | within that district. |
26 | | (C) A specification of the maximum tax rates the |
|
| | 10200HB0007ham002 | - 56 - | LRB102 02691 CMG 23739 a |
|
|
1 | | proposed district or districts are authorized to levy |
2 | | for various purposes and, if applicable, the |
3 | | specifications related to the Property Tax Extension |
4 | | Limitation Law, in accordance with Section 11E-80 of |
5 | | this Code. |
6 | | The Commission may not make any recommendations under this |
7 | | subsection that would provide for the consolidation of |
8 | | individual schools. |
9 | | (c) On or before May 1, 2022, the Efficient School |
10 | | District Commission must vote on its recommendations and file |
11 | | a report with the Governor and the General Assembly. If the |
12 | | Commission adopts the report recommendations by an affirmative |
13 | | vote of at least 13 of its members, then the Commission's |
14 | | specific recommendations for reorganization of school |
15 | | districts into unit districts under paragraph (5) of |
16 | | subsection (b) shall be filed with the appropriate regional |
17 | | superintendent of schools in the same form as petitions filed |
18 | | under Section 11E-35 of this Code. |
19 | | (d) Upon receiving the filed petition as provided in |
20 | | subsection (c), the regional superintendent of schools shall |
21 | | do both of the following: |
22 | | (1) Cause a copy of the petition to be given to the |
23 | | school board of each affected school district and to the |
24 | | regional superintendent of schools of any other |
25 | | educational service region in which territory described in |
26 | | the petition is situated. |
|
| | 10200HB0007ham002 | - 57 - | LRB102 02691 CMG 23739 a |
|
|
1 | | (2) Cause a notice thereof to be published at least |
2 | | once each week for 3 successive weeks in at least one |
3 | | newspaper having general circulation within the area of |
4 | | all of the territory of the proposed district or |
5 | | districts. The expense of publishing the notice shall be |
6 | | borne by the Efficient School District Commission. |
7 | | (e) Upon receiving the Efficient School District |
8 | | Commission's specific recommendations, the school board of |
9 | | each affected district shall publish the specific |
10 | | recommendations on the official district website, if |
11 | | available, with a link to the recommendation shown prominently |
12 | | on the homepage of the website until the date of the next |
13 | | general election. |
14 | | (f) This Section is repealed on January 31, 2024.
|
15 | | Section 99. Effective date. This Act takes effect upon |
16 | | becoming law.".
|