Rep. Robert Rita
Filed: 4/24/2007
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1 | AMENDMENT TO HOUSE BILL 1466
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2 | AMENDMENT NO. ______. Amend House Bill 1466, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The School Code is amended by adding Section | ||||||
6 | 1A-12 as follows: | ||||||
7 | (105 ILCS 5/1A-12 new) | ||||||
8 | Sec. 1A-12. Powers of the State Board in assisting schools | ||||||
9 | and districts deemed in management
difficulties.
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10 | (a) In this Section: | ||||||
11 | "Board" means a local board of education. | ||||||
12 | "Chairperson" means the Chairperson of the Panel | ||||||
13 | appointed pursuant to this Section. | ||||||
14 | "District" does not include a school district | ||||||
15 | organized under Article 34 of this Code.
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16 | "Management Oversight Panel" or "Panel" means a |
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1 | Management Oversight Panel created under this Section. | ||||||
2 | "State Board" means the State Board of Education. | ||||||
3 | "State Superintendent" means the State Superintendent | ||||||
4 | of Education. | ||||||
5 | (b) To promote the managerial integrity of school | ||||||
6 | districts, the State Board shall have the necessary powers to | ||||||
7 | promote sound management of Illinois public schools. The State | ||||||
8 | Board, after the State Board's proper investigation of a school | ||||||
9 | district's condition, may certify that a district is in | ||||||
10 | management difficulty if the district has been engaged in a | ||||||
11 | continuing and repeated pattern of documented and | ||||||
12 | substantiated mismanagement, including without limitation all | ||||||
13 | of the following: | ||||||
14 | (1) The hiring of persons who do not hold the | ||||||
15 | qualifications required for their positions. | ||||||
16 | (2) Violations of State or federal law and laws | ||||||
17 | relating to the procurement of goods and services. | ||||||
18 | (3) Repeat audit findings. | ||||||
19 | (4) Building code and other health or life safety | ||||||
20 | issues. | ||||||
21 | (c) A district must not be certified to be in management | ||||||
22 | difficulty if the sole basis for mismanagement is the failure | ||||||
23 | of the county to make a distribution of property tax money due | ||||||
24 | to the district at the time the distribution is due. | ||||||
25 | (d) When a district is first certified to be in management | ||||||
26 | difficulty, the State Board may do each of the following: |
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1 | (1) Require the school district to develop, adopt, and | ||||||
2 | submit a district management improvement plan within 45 | ||||||
3 | days after certification. The plan must be developed to | ||||||
4 | address the acts of mismanagement that caused the district | ||||||
5 | to be certified in management difficulty. Within 14 days | ||||||
6 | after certifying a district to be in management difficulty, | ||||||
7 | the State Superintendent shall provide the board a summary | ||||||
8 | of management issues to be addressed in the plan. The plan | ||||||
9 | must be approved by the State Superintendent. | ||||||
10 | (2) Advise the district on recommended or suggested | ||||||
11 | methods of improving managerial success consistent with | ||||||
12 | the district's management improvement plan approved by the | ||||||
13 | State Board. | ||||||
14 | A district certified to be in management difficulty shall | ||||||
15 | report to the State Board, at such times and in such manner as | ||||||
16 | the State Superintendent may direct, concerning the district's | ||||||
17 | compliance with its approved management plan. The State Board | ||||||
18 | may review the district's operations and may obtain or require | ||||||
19 | the district to produce reports or any other information in the | ||||||
20 | possession of the district that it deems relevant. A district | ||||||
21 | shall remain certified in management difficulty until the | ||||||
22 | district clearly demonstrates to the satisfaction of the State | ||||||
23 | Board that the circumstances leading to the certification no | ||||||
24 | longer exist; or, if the State Board determines that a district | ||||||
25 | has failed to comply with its management plan, the State Board | ||||||
26 | may rescind approval of the plan and appoint a Management |
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1 | Oversight Panel for the district. This action shall be taken | ||||||
2 | only after the district has been given notice and an | ||||||
3 | opportunity to appear before the State Board to discuss its | ||||||
4 | failure to comply with its management plan. | ||||||
5 | (e) Within 10 days after the State Board has placed a | ||||||
6 | district under a Management Oversight Panel, the State | ||||||
7 | Superintendent shall approve the appointment of 5 members to | ||||||
8 | serve at the State Superintendent's pleasure. One member shall | ||||||
9 | be appointed by the teachers' union representing a plurality of | ||||||
10 | the district employees; in the absence of a plurality, the | ||||||
11 | union appointment shall be filled by the State Superintendent. | ||||||
12 | Two members shall be appointed by the State Superintendent, one | ||||||
13 | of whom must be an attorney. Two members shall be appointed by | ||||||
14 | the Regional Superintendent of Schools with jurisdiction over | ||||||
15 | the district, both of whom must live in the school district. | ||||||
16 | The State Superintendent shall designate one of the members of | ||||||
17 | the Panel to serve as its Chairperson. In the event of vacancy | ||||||
18 | or resignation, the State Superintendent shall appoint a | ||||||
19 | successor within 10 days after receiving notice of the vacancy | ||||||
20 | or resignation. | ||||||
21 | Members of the Panel shall be selected on the basis of | ||||||
22 | their experience and education in areas identified as needed. A | ||||||
23 | member of the Panel may not be a board member or employee of | ||||||
24 | the district for which the Panel is constituted, nor may a | ||||||
25 | member have a direct financial interest in that district. | ||||||
26 | Panel members shall serve without compensation, but may be |
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1 | reimbursed for travel and other necessary expenses incurred in | ||||||
2 | the performance of their official duties by the State Board. | ||||||
3 | The amount reimbursed to Panel members for their expenses shall | ||||||
4 | be charged to the school district. | ||||||
5 | The first meeting of the Panel shall be held at the call of | ||||||
6 | the Chairperson. The Panel may elect such other officers as it | ||||||
7 | deems appropriate. The Panel shall prescribe the times and | ||||||
8 | places for its meetings and the manner in which regular and | ||||||
9 | special meetings may be called and shall comply with the Open | ||||||
10 | Meetings Act. Three members of the Panel shall constitute a | ||||||
11 | quorum, and the affirmative vote of 3 members shall be | ||||||
12 | necessary for any decision or action to be taken by the Panel. | ||||||
13 | The Panel and the State Superintendent shall cooperate with | ||||||
14 | each other in the exercise of their respective powers. The | ||||||
15 | Panel shall report not later than September 1 annually to the | ||||||
16 | State Superintendent with respect to its activities and the | ||||||
17 | condition of the school district for the previous school year. | ||||||
18 | The Panel may exercise veto power over board decisions | ||||||
19 | concerning the district, in an effort to ensure that the | ||||||
20 | district management improvement plan is implemented as needed. | ||||||
21 | The purposes of the Panel shall be to exercise control over | ||||||
22 | the district and to furnish management assistance so that the | ||||||
23 | district can provide public education within the district's | ||||||
24 | jurisdiction while permitting the district to meet its | ||||||
25 | obligations for sound management practice. Except as expressly | ||||||
26 | limited by this Section, the Panel shall have those powers |
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1 | necessary to meet its responsibilities and to carry out its | ||||||
2 | purposes and the purposes of this Section, including without | ||||||
3 | limitation all of the following powers, provided that the Panel | ||||||
4 | shall have no power to violate any statutory provision, to | ||||||
5 | impair any contract or obligation of the district, or to | ||||||
6 | terminate any employee without following the statutory | ||||||
7 | procedures for such terminations set forth in this Code and the | ||||||
8 | relevant rules of the State Board: | ||||||
9 | (1) To sue and to be sued. | ||||||
10 | (2) To make and execute contracts, leases, subleases, | ||||||
11 | and all other instruments or agreements necessary or | ||||||
12 | convenient for the exercise of the powers and functions | ||||||
13 | granted by this Section. | ||||||
14 | (3) To purchase real or personal property necessary or | ||||||
15 | convenient for its purposes; to execute and deliver deeds | ||||||
16 | for real property held in its own name; and to sell, lease, | ||||||
17 | or otherwise dispose of such of its property as, in the | ||||||
18 | judgment of the Panel, is no longer necessary for its | ||||||
19 | purposes. | ||||||
20 | (4) To appoint officers, agents, and employees of the | ||||||
21 | Panel, including all of the following, to administer and | ||||||
22 | manage, under the direction of the Panel, the operations | ||||||
23 | and educational programs of the district, in accordance | ||||||
24 | with this Section and all other provisions of this Code; to | ||||||
25 | define their duties and qualifications; and to fix their | ||||||
26 | compensation and employee benefits. |
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1 | (A) Chief executive officer. The Panel may appoint | ||||||
2 | a chief executive officer who, under the direction of | ||||||
3 | the Panel, shall supervise the Panel's staff, | ||||||
4 | including the chief educational officer and the chief | ||||||
5 | fiscal officer, and shall have ultimate responsibility | ||||||
6 | for implementing the policies, procedures, directives, | ||||||
7 | and decisions of the Panel. | ||||||
8 | (B) Chief educational officer. The Panel may at a | ||||||
9 | regular or special meeting find that cause exists to | ||||||
10 | cancel the contract of the school district's | ||||||
11 | superintendent who is serving at the time the Panel is | ||||||
12 | established. If there is no superintendent, then the | ||||||
13 | Panel shall, following consultation with the district, | ||||||
14 | employ a chief educational officer for the district, | ||||||
15 | who shall have all of the powers and duties of a school | ||||||
16 | district superintendent under this Code and such other | ||||||
17 | duties as may be assigned by the Panel in accordance | ||||||
18 | with this Code. The chief educational officer shall | ||||||
19 | report to the Panel or the chief executive officer | ||||||
20 | appointed by the Panel. The district shall not employ a | ||||||
21 | superintendent during the period that a chief | ||||||
22 | educational officer is serving in the district. The | ||||||
23 | chief educational officer shall hold a certificate | ||||||
24 | with a superintendent's endorsement issued pursuant to | ||||||
25 | Article 21 of this Code. | ||||||
26 | (C) Chief fiscal officer. The Panel may appoint a |
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1 | chief fiscal officer who, under the direction of the | ||||||
2 | Panel, shall have all of the powers and duties of the | ||||||
3 | district's chief school business official and any | ||||||
4 | other duties regarding budgeting, accounting, and | ||||||
5 | other financial matters that are assigned by the Panel, | ||||||
6 | in accordance with this Code. The district may not | ||||||
7 | employ a chief school business official during the | ||||||
8 | period that the chief fiscal officer is serving in the | ||||||
9 | district. The chief fiscal officer may, but is not | ||||||
10 | required to, hold a certificate with a chief school | ||||||
11 | business official's endorsement issued under Article | ||||||
12 | 21 of this Code. | ||||||
13 | (5) To transfer to the district such sums of money as | ||||||
14 | are not required for other purposes. | ||||||
15 | (6) To procure all necessary goods and services for the | ||||||
16 | Panel in compliance with the purchasing laws and | ||||||
17 | requirements applicable to the district. | ||||||
18 | (7) To take action on behalf of the district, as the | ||||||
19 | Panel deems necessary and in accordance with this Section | ||||||
20 | and all other provisions of this Code, based on the | ||||||
21 | recommendation of, if applicable, the chief executive | ||||||
22 | officer, chief educational officer, or chief fiscal | ||||||
23 | officer; the district shall be bound by such action in all | ||||||
24 | respects as if the action had been approved by the district | ||||||
25 | itself. | ||||||
26 | (8) To do any and all things necessary or convenient to |
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1 | carry out its purposes and exercise the powers given to it | ||||||
2 | by this Section. | ||||||
3 | (9) To provide for its organization and internal | ||||||
4 | management. | ||||||
5 | (10) To require and approve a school district financial | ||||||
6 | plan and academic plan, if the Panel deems it necessary, | ||||||
7 | and to monitor the school district's compliance with these | ||||||
8 | plans. | ||||||
9 | (11) To approve and require revisions of the school | ||||||
10 | district budget. | ||||||
11 | (12) To approve all contracts and other obligations, as | ||||||
12 | the Panel deems necessary and appropriate. | ||||||
13 | (13) To request that the Regional Superintendent of | ||||||
14 | Schools make appointments to fill all vacancies on the | ||||||
15 | board, as provided in Section 10-10 of this Code. | ||||||
16 | (14) To engage the services of consultants for | ||||||
17 | rendering professional and technical assistance and advice | ||||||
18 | on matters within the Panel's power. | ||||||
19 | (15) To contract for and to accept any gifts, grants, | ||||||
20 | or loans of funds or property or financial or other aid in | ||||||
21 | any form from the federal government, State government, a | ||||||
22 | unit of local government, a school district, or any agency | ||||||
23 | or instrumentality thereof or from any other private or | ||||||
24 | public source and to comply with the terms and conditions | ||||||
25 | thereof. | ||||||
26 | (16) To pay the expenses of its operations based on the |
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1 | Panel's budget as approved by the State Superintendent from | ||||||
2 | the district's general State aid. | ||||||
3 | (17) To require a board member training plan, in | ||||||
4 | conjunction with one or more statewide school management | ||||||
5 | organizations. | ||||||
6 | (18) To require the development of a district | ||||||
7 | management improvement plan or revision of an existing | ||||||
8 | district management improvement plan if the Panel deems it | ||||||
9 | necessary and to monitor the district's compliance with the | ||||||
10 | management improvement plan. | ||||||
11 | (19) To provide assistance to the district with | ||||||
12 | developing a staffing needs analysis and plan, in | ||||||
13 | cooperation with the board, that can address (i) | ||||||
14 | performance of an analysis of critical staffing needs | ||||||
15 | within the district to support any district improvement | ||||||
16 | plans, (ii) development of a strategy for attracting | ||||||
17 | candidates and posting positions to meet the district's | ||||||
18 | critical staffing needs, and (iii) approving and | ||||||
19 | monitoring of the school district's policies and | ||||||
20 | procedures for conducting hiring. | ||||||
21 | (20) To develop a plan for maintenance, repair, and | ||||||
22 | improvement of district facilities (including, but not | ||||||
23 | limited to, buildings used for instructional and | ||||||
24 | administrative functions, indoor and outdoor recreational | ||||||
25 | facilities, landscaping, parking, and infrastructure | ||||||
26 | related to traffic circulation) and the correction of any |
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1 | violations of the Health/Life Safety Code for existing | ||||||
2 | facilities. | ||||||
3 | (f) If the State Board has appointed a Financial Oversight | ||||||
4 | Panel to a school district and subsequently places the same | ||||||
5 | district under a Management Oversight Panel or if the State | ||||||
6 | Board has appointed a Management Oversight Panel for a district | ||||||
7 | and subsequently places the same district under a Financial | ||||||
8 | Oversight Panel, the State Superintendent shall create a new | ||||||
9 | Panel and appoint 5 members to serve at the State | ||||||
10 | Superintendent's pleasure. The Panel shall accrue all the | ||||||
11 | necessary powers and duties of a Financial Oversight Panel and | ||||||
12 | a Management Oversight Panel. The State Superintendent shall | ||||||
13 | designate one of the members of the Panel to serve as its | ||||||
14 | chairperson. In the event of vacancy or resignation, the State | ||||||
15 | Superintendent shall appoint a successor within 10 days after | ||||||
16 | receiving notice of the vacancy or resignation. Members of the | ||||||
17 | Panel shall be selected on the basis of their experience and | ||||||
18 | education in areas identified as needed. A member of the Panel | ||||||
19 | may not be a board member or employee of the district for which | ||||||
20 | the Panel is constituted, nor may a member have a direct | ||||||
21 | financial interest in that district.
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22 | Section 90. The State Mandates Act is amended by adding | ||||||
23 | Section 8.31 as follows: | ||||||
24 | (30 ILCS 805/8.31 new) |
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1 | Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
2 | of this Act, no reimbursement by the State is required for the | ||||||
3 | implementation of any mandate created by this amendatory Act of | ||||||
4 | the 95th General Assembly. ".
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