SB2134sam001 97TH GENERAL ASSEMBLY

Sen. Susan Garrett

Filed: 3/14/2011

09700SB2134sam001 LRB097 05804 NHT 52548 a

AMENDMENT TO SENATE BILL 2134

AMENDMENT NO. ______. Amend Senate Bill 2134 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by changing Sections 2-3.62, 3-1, 3-1.1, 3-2, 3-2.5, 3-6, 3-15.6, 3-15.8, 3-15.14, 3A-4, 3A-5, and 3A-6 and by adding Section 17-1.10 as follows:

(105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)

Sec. 2-3.62. Educational Service Centers.

(a) A regional network of educational service centers shall be established by the State Board of Education to coordinate and combine existing services in a manner which is practical and efficient and to provide new services to schools as provided in this Section. Services to be made available by such centers shall include the planning, implementation and evaluation of:

(1) (blank);

(2) computer technology education;

(3) mathematics, science and reading resources for teachers including continuing education, inservice training and staff development.

The centers may provide training, technical assistance, coordination and planning in other program areas such as school improvement, school accountability, financial planning, consultation, and services, career guidance, early childhood education, alcohol/drug education and prevention, family life - sex education, electronic transmission of data from school districts to the State, alternative education and regional special education, and telecommunications systems that provide distance learning. Such telecommunications systems may be obtained through the Department of Central Management Services pursuant to Section 405-270 of the Department of Central Management Services Law (20 ILCS 405/405-270). The programs and services of educational service centers may be offered to private school teachers and private school students within each service center area provided public schools have already been afforded adequate access to such programs and services.

Upon the abolition of the office, removal from office, disqualification for office, resignation from office, or expiration of the current term of office of the regional superintendent of schools, whichever is earlier, centers serving that portion of a Class II county school unit outside of a city of 500,000 or more inhabitants shall have and exercise, in and with respect to each educational service region having a population of 2,000,000 or more inhabitants and in and with respect to each school district located in any such educational service region, all of the rights, powers, duties, and responsibilities theretofore vested by law in and exercised and performed by the regional superintendent of schools for that area under the provisions of this Code or any other laws of this State.

On or before June 1, 2012, with consideration given to any recommendation received from the governing board for each educational service center serving that portion of a Class II county school unit outside of a city of 500,000 or more inhabitants and from the State Superintendent of Education, the State Board of Education shall appoint an executive director for each educational service center serving that portion of a Class II county school unit outside of a city of 500,000 or more inhabitants, who shall enter upon the discharge of his or her duties on July 1, 2012. Each executive director appointed pursuant to this paragraph shall serve a term of either 2, 3, or 4 years, as established by the State Board of Education. Thereafter, prior to the expiration of the term of each executive director, the State Board of Education shall appoint or re-appoint an executive director for each educational service center serving that portion of a Class II county school unit outside of a city of 500,000 or more inhabitants to serve for a 4-year term.

Executive directors for educational service centers serving that portion of a Class II county school unit outside of a city of 500,000 or more inhabitants shall serve under a performance-based contract with the State Board of Education that provides funding for the salary of the executive director and other staff necessary to provide core services and for other expenses necessary to provide core services, as such core services are defined by the State Board of Education in the performance-based contract. The performance-based contract shall include a regional plan to improve academic performance within the region served by the educational service center, improve fiscal efficiency of school districts as determined pursuant to Section 17-1.10 of this Code, eliminate duplication of services and duplicative expenditures of resources both within the educational service region and across educational service regions, provide for joint purchasing, and consolidate overlapping regional service delivery systems. Performance metrics for the executive director and the educational service center shall include, but are not limited to, metrics based on progress toward attaining the goals and objectives in the regional plan, adherence to accreditation standards adopted by the State Board of Education for educational service centers, program service evaluations, indicators of district academic performance, and indicators of district fiscal efficiency.

In addition to core services defined in the performance-based contract, educational service centers may provide other services funded through public or private grants or delivered to school districts on a fee-for-service basis.

The State Board of Education may terminate the appointment of an executive director, terminate the performance-based contract for the educational service center, or withhold or reduce funding to the educational service center for cause, including failure to achieve satisfactory performance. The contract is subject to termination in the event of consolidation of the educational service region with another educational service region pursuant to Section 3A-4 of this Code.

In the event of resignation or removal of an executive director prior to the expiration of his or her term, the State Board of Education shall appoint an interim executive director to serve for the remainder of the term.

The State Board of Education shall promulgate rules and regulations necessary to implement this Section. The rules shall include detailed standards which delineate the scope and specific content of programs to be provided by each Educational Service Center, as well as the specific planning, implementation and evaluation services to be provided by each Center relative to its programs. The Board shall also provide the standards by which it will evaluate the programs provided by each Center.

(b) Centers serving Class 1 county school units shall be governed by an 11-member board, 3 members of which shall be public school teachers nominated by the local bargaining representatives to the appropriate regional superintendent for appointment and no more than 3 members of which shall be from each of the following categories, including but not limited to superintendents, regional superintendents, school board members and a representative of an institution of higher education. The members of the board shall be appointed by the regional superintendents whose school districts are served by the educational service center. The composition of the board will reflect the revisions of this amendatory Act of 1989 as the terms of office of current members expire.

(c) The centers shall be of sufficient size and number to assure delivery of services to all local school districts in the State.

(d) From monies appropriated for this program the State Board of Education shall provide grants to qualifying Educational Service Centers applying for such grants in accordance with rules and regulations promulgated by the State Board of Education to implement this Section.

(e) The governing authority of each of the 18 regional educational service centers shall appoint a family life - sex education advisory board consisting of 2 parents, 2 teachers, 2 school administrators, 2 school board members, 2 health care professionals, one library system representative, and the director of the regional educational service center who shall serve as chairperson of the advisory board so appointed. Members of the family life - sex education advisory boards shall serve without compensation. Each of the advisory boards appointed pursuant to this subsection shall develop a plan for regional teacher-parent family life - sex education training sessions and shall file a written report of such plan with the governing board of their regional educational service center. The directors of each of the regional educational service centers shall thereupon meet, review each of the reports submitted by the advisory boards and combine those reports into a single written report which they shall file with the Citizens Council on School Problems prior to the end of the regular school term of the 1987-1988 school year.

(f) The 14 educational service centers serving Class I county school units shall be disbanded on the first Monday of August, 1995, and their statutory responsibilities and programs shall be assumed by the regional offices of education, subject to rules and regulations developed by the State Board of Education. The regional superintendents of schools elected by the voters residing in all Class I counties shall serve as the chief administrators for these programs and services. By rule of the State Board of Education, the 10 educational service regions of lowest population shall provide such services under cooperative agreements with larger regions.

(Source: P.A. 96-893, eff. 7-1-10.)

(105 ILCS 5/3-1) (from Ch. 122, par. 3-1)

Sec. 3-1. Appointment; performance-based contracts Election; eligibility. Quadrennially there shall be elected in every county, except those which have been consolidated into a multicounty educational service region under Article 3A and except those having a population of 2,000,000 or more inhabitants, a regional superintendent of schools, who shall enter upon the discharge of his duties on the first Monday of August next after his election; provided, however, that the term of office of each regional superintendent of schools in office on the effective date of this amendatory Act of the 97th General Assembly June 30, 2003 is terminated on July 1, 2012 2003, except that an incumbent regional superintendent of schools shall continue to serve until his successor is appointed pursuant to this Section. elected and qualified, and each regional superintendent of schools elected at the general election in 2002 and every four years thereafter shall assume office on the first day of July next after his election. No one is eligible to file his petition at any primary election for the nomination as candidate for the office of regional superintendent of schools nor to enter upon the duties of such office either by election or appointment unless he possesses the following qualifications: (1) he is of good character, (2) he has a master's degree, (3) he has earned at least 20 semester hours of credit in professional education at the graduate level, (4) he holds a valid all grade supervisory certificate or a valid state limited supervisory certificate, or a valid state life supervisory certificate, or a valid administrative certificate, (5) he has had at least 4 years experience in teaching, and (6) he was engaged for at least 2 years of the 4 previous years in full time teaching or supervising in the common public schools or serving as a county superintendent of schools or regional superintendent of schools for an educational service region in the State of Illinois.

On or before June 1, 2012, with consideration given to any recommendation received from the advisory board for each regional office of education established pursuant to Section 3A-16 of this Code and from the State Superintendent of Education, the State Board of Education shall appoint a regional superintendent of schools in every educational service region, including a multi-county educational service region under Article 3A of this Code, except those having a population of 2,000,000 or more inhabitants, who shall enter upon the discharge of his or her duties on July 1, 2012. Each regional superintendent appointed on or before June 1, 2012 shall serve a term of either 2, 3, or 4 years, as established by the State Board of Education. Thereafter, prior to the expiration of the term of each regional superintendent, the State Board of Education shall appoint or re-appoint a regional superintendent of schools in every educational service region, including a multi-county educational service region under Article 3A of this Code, except those having a population of 2,000,000 or more inhabitants, to serve for a 4-year term.

Regional superintendents shall serve under a performance-based contract with the State Board of Education that provides funding for the salary of the regional superintendent, any assistant regional superintendents, and other staff necessary to provide core services and for other expenses necessary to provide core services, as such core services are defined by the State Board of Education in the performance-based contract. The performance-based contract shall include a regional plan to improve academic performance within the educational service region, improve fiscal efficiency of school districts as determined pursuant to Section 17-1.10 of this Code, eliminate duplication of services and duplicative expenditures of resources both within the educational service region and across educational service regions, provide for joint purchasing, and consolidate overlapping regional service delivery systems. Performance metrics for the regional superintendent and the regional office of education shall include, but are not limited to, metrics based on progress toward attaining the goals and objectives in the regional plan, adherence to accreditation standards adopted by the State Board of Education for regional offices of education, program service evaluations, indicators of district academic performance, and indicators of district fiscal efficiency.

In addition to core services defined in the performance-based contract, regional offices of education may provide other services funded through public or private grants or delivered to school districts on a fee-for-service basis.

The State Board of Education may terminate the appointment of a regional superintendent, terminate the performance-based contract for the regional office of education, or withhold or reduce funding to the regional office of education for cause, including failure to achieve satisfactory performance. The contract is subject to termination in the event of consolidation of the educational service region with another educational service region pursuant to Section 3A-4 of this Code.

In the event of resignation or removal of a regional superintendent prior to the expiration of his or her term, the State Board of Education shall appoint an interim regional superintendent to serve for the remainder of the term.

No petition of any candidate for nomination for the office of regional superintendent of schools may be filed and no such candidate's name may be placed on a primary or general election ballot, unless such candidate files as part of his petition a certificate from the State Board of Education certifying that from the records of its office such candidate has the qualifications required by this Section; however, any incumbent filing his petition for nomination for a succeeding term of office shall not be required to attach such certificate to his petition of candidacy.

Nomination papers filed under this Section are not valid unless the candidate named therein files with the county clerk or State Board of Elections a statement of economic interests as required by the Illinois Governmental Ethics Act. Such receipt shall be so filed either previously during the calendar year in which his nomination papers were filed or within the period for the filing of nomination papers in accordance with the general election law.

The changes in qualifications made by Public Act 76-1563 do not affect the right of an incumbent to seek reelection.

On and after July 1, 1994, the provisions of this Section shall have no application in any educational service region having a population of 2,000,000 or more inhabitants; provided further that no election shall be held in November of 1994 or at any other time after July 1, 1992 for the office of regional superintendent of schools in any county or educational service region having a population of 2,000,000 or more inhabitants.

(Source: P.A. 96-893, eff. 7-1-10.)

(105 ILCS 5/3-1.1) (from Ch. 122, par. 3-1.1)

(Section scheduled to be repealed on July 1, 2012)

Sec. 3-1.1. Eligible voters. Whenever a unit school district is located in more than one educational service region, a qualified elector residing in that unit school district but outside of the educational service region administered by the regional superintendent of schools having supervision and control over that unit school district shall be eligible to vote in any election held to elect the regional superintendent of schools of the educational service region that is administered by the regional superintendent of schools who has supervision and control over that unit school district, but the elector shall not also be eligible to vote in the election held to elect the regional superintendent of schools of the educational service region in which the elector resides.

Not less than 100 days before each general primary election, the regional superintendent of schools shall certify to the State Board of Elections a list of each unit school district under his or her supervision and control and each county in which all or any part of each of those districts is located. The State Board of Elections shall certify each of those unit school districts and counties to the appropriate election authorities within 20 days after receiving the list certified by the regional superintendent of schools.

The election authority in a single county educational service region whose regional superintendent of schools exercises supervision and control over a unit school district that is located in that single county educational service region and in one or more other educational service regions shall certify to the election authority of each of those other educational service regions in which the unit school district is located the candidates for the office of the regional superintendent of schools exercising supervision and control over that unit school district.

This Section is repealed on July 1, 2012.

(Source: P.A. 87-328; 88-535.)

(105 ILCS 5/3-2) (from Ch. 122, par. 3-2)

(Section scheduled to be repealed on July 1, 2012)

Sec. 3-2. Oath of office - Bond - Salary. Before entering upon his or her duties a regional superintendent of schools shall take and subscribe the oath prescribed by the Constitution and execute a bond payable to the People of the State of Illinois with 2 or more responsible persons having an interest in real estate as sureties (or, if the county is self-insured, the county through its self-insurance program may provide bonding), to be approved by the county board in a penalty of not less than $100,000, conditioned upon the faithful discharge of his or her duties and upon the delivery to his or her successor in office of all monies, books, papers and property in his or her custody as such regional superintendent of schools.

This bond shall be filed in the office of the county clerk, and action upon it may be maintained by any corporate body interested, for the benefit of any township or fund injured by any breach of its condition.

If any vacancy in the office of regional superintendent of schools occurs, such vacancy shall be filled in the manner provided by Section 3A-6.

Regional Superintendents of Schools shall receive the salary provided by Section 3-2.5.

On and after July 1, 1994, the provisions of this Section shall have no application in any educational service region having a population of 2,000,000 or more inhabitants.

This Section is repealed on July 1, 2012.

(Source: P.A. 88-387; 89-233, eff. 1-1-96.)

(105 ILCS 5/3-2.5)

Sec. 3-2.5. Salaries.

(a) Except as otherwise provided in this Section, the regional superintendents of schools shall receive for their services an annual salary according to the population, as determined by the last preceding federal census, of the region they serve, as set out in the following schedule:

The changes made by Public Act 86-98 in the annual salary that the regional superintendents of schools shall receive for their services shall apply to the annual salary received by the regional superintendents of schools during each of their elected terms of office that commence after July 26, 1989 and before the first Monday of August, 1995.

The changes made by Public Act 89-225 in the annual salary that regional superintendents of schools shall receive for their services shall apply to the annual salary received by the regional superintendents of schools during their elected terms of office that commence after August 4, 1995 and end on August 1, 1999.

The changes made by this amendatory Act of the 91st General Assembly in the annual salary that the regional superintendents of schools shall receive for their services shall apply to the annual salary received by the regional superintendents of schools during each of their elected terms of office that commence on or after August 2, 1999.

Beginning July 1, 2000, the salary that the regional superintendent of schools receives for his or her services shall be adjusted annually to reflect the percentage increase, if any, in the most recent Consumer Price Index, as defined and officially reported by the United States Department of Labor, Bureau of Labor Statistics, except that no annual increment may exceed 2.9%. If the percentage of change in the Consumer Price Index is a percentage decrease, the salary that the regional superintendent of schools receives shall not be adjusted for that year.

When regional superintendents are authorized by the School Code to appoint assistant regional superintendents, the assistant regional superintendent shall receive an annual salary based on his or her qualifications and computed as a percentage of the salary of the regional superintendent to whom he or she is assistant, as set out in the following schedule:

However, in any region in which the appointment of more than one assistant regional superintendent is authorized, whether by Section 3-15.10 of this Code or otherwise, not more than one assistant may be compensated at the 90% rate and any other assistant shall be paid at not exceeding the 75% rate, in each case depending on the qualifications of the assistant.

The salaries provided in this Section for regional superintendents and assistant regional superintendents are payable monthly. The State Comptroller in making his or her warrant to any county for the amount due it shall deduct from it the several amounts for which warrants have been issued to the regional superintendent, and any assistant regional superintendent, of the educational service region encompassing the county since the preceding apportionment.

County boards may provide for additional compensation for the regional superintendent or the assistant regional superintendents, or for each of them, to be paid quarterly from the county treasury.

This subsection (a) applies only until July 1, 2012.

(b) Upon abolition of the office of regional superintendent of schools in educational service regions containing 2,000,000 or more inhabitants as provided in Section 3-0.01 of this Code, the funds provided under subsection (a) of this Section shall continue to be appropriated and reallocated, as provided for pursuant to subsection (b) of Section 3-0.01 of this Code, to the educational service centers established pursuant to Section 2-3.62 of this Code for an educational service region containing 2,000,000 or more inhabitants.

This subsection (b) applies only until July 1, 2012.

(c) If the State pays all or any portion of the employee contributions required under Section 16-152 of the Illinois Pension Code for employees of the State Board of Education, it shall also pay the employee contributions required of regional superintendents of schools and assistant regional superintendents of schools on the same basis, but excluding any contributions based on compensation that is paid by the county rather than the State.

This subsection (c) applies to contributions based on payments of salary earned after the effective date of this amendatory Act of the 91st General Assembly, except that in the case of an elected regional superintendent of schools, this subsection does not apply to contributions based on payments of salary earned during a term of office that commenced before the effective date of this amendatory Act.

(Source: P.A. 96-893, eff. 7-1-10; 96-1086, eff. 7-16-10; revised 7-22-10.)

(105 ILCS 5/3-6) (from Ch. 122, par. 3-6)

Sec. 3-6. Financial report - Presentation of books and vouchers for inspection. The regional superintendent shall report, in writing, to the county board and the State Board of Education, on or before January 1 of each year, stating, (1) the balance on hand at the time of the last report, and all receipts since that date, with the sources from which they were derived; (2) the amount distributed to each of the school treasurers in his county; (3) any balance on hand. At the same time he shall present for inspection his books and vouchers for all expenditures, and submit in writing a statement of the condition of the institute fund and of any other funds in his care, custody or control.

(Source: P.A. 81-624.)

(105 ILCS 5/3-15.6) (from Ch. 122, par. 3-15.6)

Sec. 3-15.6. Additional employees. To employ, with the approval of the county board, such additional employees as are needed for the discharge of the duties of the office, subject to the terms of a performance-based contract with the State Board of Education. The non-clerical employees shall be persons versed in the principles and methods of education, familiar with public school work, competent to visit schools and certificated pursuant to this Code if their duties are comparable to those for which certification is required by this Code.

On and after July 1, 1994, the provisions of this Section shall have no application in any educational service region having a population of 2,000,000 or more inhabitants.

(Source: P.A. 86-361; 87-654; 87-1251.)

(105 ILCS 5/3-15.8) (from Ch. 122, par. 3-15.8)

Sec. 3-15.8. Report to State Board of Education. On or before November 15, annually, to present to the State Board of Education such information relating to schools in his region as the State Board of Education may require. The regional superintendent shall provide such other reports as are required under a performance-based contract with the State Board of Education.

(Source: P.A. 82-143.)

(105 ILCS 5/3-15.14) (from Ch. 122, par. 3-15.14)

Sec. 3-15.14. Cooperative Educational and Operational Programs. To administer and direct a cooperative or joint educational or operational program or project when 2 or more districts request and authorize him to provide and administer these services. Each regional superintendent of schools shall, on an annual basis, develop proposed joint educational or operational programs and solicit school district participation in such programs. The regional superintendent He may provide and contract for the staff, space, necessary materials, supplies, books and apparatus for such agreements. The school boards of the respective districts shall pay to the regional superintendent the pro rata share of the expenses of the operation of such programs, and the regional superintendent shall use such funds in payment of such operational expenses. The regional superintendent shall collect and remit the required pension contributions from the participating districts if the board of control of the program participates in Article 7 of the Illinois Pension Code.

A board of control composed of one member from each cooperating district and one member from the office of the regional superintendent will set policy for the cooperative. The agreement establishing the cooperative may provide that the cooperative shall act as its own administrative district and shall be an entity separate and apart from the Educational Service Region.

Each regional superintendent that is the administrator of a joint agreement shall cause an annual financial statement to be submitted on forms prescribed by the State Board of Education exhibiting the financial condition of the program established pursuant to the joint agreement for the fiscal year ending on the immediately preceding June 30.

The regional superintendent may also administer, direct and account for educational or operational programs of single or multi-county educational service region, or of multi-regional design which are sponsored and financed by State or federal educational agencies, or by both such agencies. In cases where funding for any such approved program is delayed, the regional superintendent may borrow the funds required to begin operation of the program in accordance with the terms of the grant; and the principal amount so borrowed, together with the interest due thereon, shall be paid from the grant moneys when received.

(Source: P.A. 83-815; 86-1332.)

(105 ILCS 5/3A-4) (from Ch. 122, par. 3A-4)

Sec. 3A-4. Mandatory consolidation of educational service regions.

(a) After October 15, 1993, each region must contain at least 43,000 inhabitants. Regions may be consolidated voluntarily under Section 3A-3 or by joint resolution of the county boards of regions seeking to join a voluntary consolidation to meet these population requirements. The boundaries of regions already meeting these population requirements on the effective date of this amendatory Act of 1993 may not be changed except to consolidate with another region or a whole county portion of another region which does not meet these population requirements. If locally determined consolidation decisions result in more than 45 regions of population greater than 43,000 each, the State Board of Education shall direct further consolidation, beginning with the region of lowest population, until the number of 45 regions is achieved.

(b) (Blank).

(c) If any region does not meet the population requirements of this Section the State Board of Education, within 15 days after the above said dates, shall direct such consolidation of that region with another region or regions to which it is contiguous as will result in a region conforming to these population requirements.

(d) All population determinations shall be based on the most recent federal census.

(e) The State Board of Education may direct the consolidation of educational service regions to:

(1) create greater efficiency across regions; or

(2) in the event a regional office of education fails to achieve performance metrics set forth in its performance-based contract, deliver improved services to school districts within the educational service region.

The direction shall include a date upon which the terms of office of the regional superintendents of schools included within the consolidation shall expire. Prior to any such direction, the State Board of Education shall solicit comments on the consolidation from stakeholders within the affected educational service regions and hold a public hearing on the consolidation in one of the affected educational service regions.

(Source: P.A. 88-89; 89-608, eff. 8-2-96.)

(105 ILCS 5/3A-5) (from Ch. 122, par. 3A-5)

Sec. 3A-5. Effective date of consolidation. Any consolidation of regions, whether under Section 3A-3 or 3A-4, shall take effect at the expiration of the terms of office of the regional superintendents in office at the time the consolidation is approved under Section 3A-3 or directed under Section 3A-4, provided that a consolidation under subsection (e) of Section 3A-4 shall take effect on the date established by the State Board of Education in its direction to consolidate. However, at the regular election immediately preceding the effective date of the consolidation at which regional superintendents are to be elected in accordance with the general election law, regional superintendents shall not be elected from each of the regions comprising the consolidated region, but one regional superintendent shall be elected to take office on the effective date of the consolidation.

(Source: P.A. 88-89.)

(105 ILCS 5/3A-6) (from Ch. 122, par. 3A-6)

(Section scheduled to be repealed on July 1, 2012)

Sec. 3A-6. Election of Superintendent for consolidated region - Bond - Vacancies in any educational service region.

(a) The regional superintendent to be elected under Section 3A-5 shall be elected at the time provided in the general election law and must possess the qualifications described in Section 3-1 of this Act.

(b) The bond required under Section 3-2 shall be filed in the office of the county clerk in the county where the regional office is situated, and a certified copy of that bond shall be filed in the office of the county clerk in each of the other counties in the region.

(c) When a vacancy occurs in the office of regional superintendent of schools of any educational service region which is not located in a county which is a home rule unit, such vacancy shall be filled within 60 days (i) by appointment of the chairman of the county board, with the advice and consent of the county board, when such vacancy occurs in a single county educational service region; or (ii) by appointment of a committee composed of the chairmen of the county boards of those counties comprising the affected educational service region when such vacancy occurs in a multicounty educational service region, each committeeman to be entitled to one vote for each vote that was received in the county represented by such committeeman on the committee by the regional superintendent of schools whose office is vacant at the last election at which a regional superintendent was elected to such office, and the person receiving the highest number of affirmative votes from the committeemen for such vacant office to be deemed the person appointed by such committee to fill the vacancy. The appointee shall be a member of the same political party as the regional superintendent of schools the appointee succeeds was at the time such regional superintendent of schools last was elected. The appointee shall serve for the remainder of the term. However, if more than 28 months remain in that term, the appointment shall be until the next general election, at which time the vacated office shall be filled by election for the remainder of the term. Nominations shall be made and any vacancy in nomination shall be filled as follows:

(1) If the vacancy in office occurs before the first date provided in Section 7-12 of the Election Code for filing nomination papers for county offices for the primary in the next even-numbered year following commencement of the term of office in which the vacancy occurs, nominations for the election for filling the vacancy shall be made pursuant to Article 7 of the Election Code.

(2) If the vacancy in office occurs during the time provided in Section 7-12 of the Election Code for filing nomination papers for county offices for the primary in the next even-numbered year following commencement of the term of office in which the vacancy occurs, the time for filing nomination papers for the primary shall not be more than 91 days nor less than 85 days prior to the date of the primary.

(3) If the vacancy in office occurs after the last day provided in Section 7-12 of the Election Code for filing nomination papers for county offices for the primary in the next even-numbered year following commencement of the term of office in which the vacancy occurs, a vacancy in nomination shall be deemed to have occurred and the county central committee of each established political party (if the vacancy occurs in a single county educational service region) or the multi-county educational service region committee of each established political party (if the vacancy occurs in a multi-county educational service region) shall nominate, by resolution, a candidate to fill the vacancy in nomination for election to the office at the general election. In the nomination proceedings to fill the vacancy in nomination, each member of the county central committee or the multi-county educational service region committee, whichever applies, shall have the voting strength as set forth in Section 7-8 or 7-8.02 of the Election Code, respectively. The name of the candidate so nominated shall not appear on the ballot at the general primary election. The vacancy in nomination shall be filled prior to the date of certification of candidates for the general election.

(4) The resolution to fill the vacancy shall be duly acknowledged before an officer qualified to take acknowledgments of deeds and shall include, upon its face, the following information: (A) the name of the original nominee and the office vacated; (B) the date on which the vacancy occurred; and (C) the name and address of the nominee selected to fill the vacancy and the date of selection. The resolution to fill the vacancy shall be accompanied by a statement of candidacy, as prescribed in Section 7-10 of the Election Code, completed by the selected nominee, a certificate from the State Board of Education, as prescribed in Section 3-1 of this Code, and a receipt indicating that the nominee has filed a statement of economic interests as required by the Illinois Governmental Ethics Act.

The provisions of Sections 10-8 through 10-10.1 of the Election Code relating to objections to nomination papers, hearings on objections, and judicial review shall also apply to and govern objections to nomination papers and resolutions for filling vacancies in nomination filed pursuant to this Section. Unless otherwise specified in this Section, the nomination and election provided for in this Section is governed by the general election law.

Except as otherwise provided by applicable county ordinance or by law, if a vacancy occurs in the office of regional superintendent of schools of an educational service region that is located in a county that is a home rule unit and that has a population of less than 2,000,000 inhabitants, that vacancy shall be filled by the county board of such home rule county.

Any person appointed to fill a vacancy in the office of regional superintendent of schools of any educational service region must possess the qualifications required to be elected to the position of regional superintendent of schools, and shall obtain a certificate of eligibility from the State Superintendent of Education and file same with the county clerk of the county in which the regional superintendent's office is located.

If the regional superintendent of schools is called into the active military service of the United States, his office shall not be deemed to be vacant, but a temporary appointment shall be made as in the case of a vacancy. The appointee shall perform all the duties of the regional superintendent of schools during the time the regional superintendent of schools is in the active military service of the United States, and shall be paid the same compensation apportioned as to the time of service, and such appointment and all authority thereunder shall cease upon the discharge of the regional superintendent of schools from such active military service. The appointee shall give the same bond as is required of a regularly elected regional superintendent of schools.

This Section is repealed on July 1, 2012.

(Source: P.A. 96-893, eff. 7-1-10.)

(105 ILCS 5/17-1.10 new)

Sec. 17-1.10. Fiscal efficiency.

(a) By no later than December 31, 2011, the State Board of Education shall establish criteria and metrics for determining the fiscal efficiency of school districts and for identifying districts that are fiscally inefficient and highly fiscally efficient. The criteria and metrics shall include, but are not limited to, consideration of expenditures per pupil, resources available for the district's instructional program, expenditures for administrative expenditures as defined in Section 17-1.5 of this Code, and the extent of cooperative and shared services arrangements utilized by the school district.

(b) Using the criteria and metrics for fiscal efficiency established by the State Board of Education pursuant to subsection (a) of this Section, each regional superintendent of schools and executive director of an educational service center serving that portion of a Class II county school unit outside of a city of 500,000 or more inhabitants may review the fiscal efficiency of school districts served by the regional superintendent or executive director. The review shall consider services and functions performed by the school district that may be shared or consolidated with other school districts, including, but not limited to, bidding and purchasing, back-office functions such as payroll and accounting, information technology, professional development, grant writing, food service management, administrative positions, and educational functions. The State Board of Education shall adopt administrative rules for the schedule, process, and reporting of the reviews performed in accordance with this subsection (b).

(c) For school districts determined by a regional superintendent or executive director of an educational service center to be fiscally inefficient, the regional superintendent or executive director and school district shall jointly prepare a plan that addresses and considers actions that may improve the district's fiscal efficiency, including, but not limited to, the sharing of services, the establishment of cooperative educational or operational programs pursuant to Section 3-15.14 of this Code, and school district consolidation or reorganization. The plan must be approved by the school board and published on the Internet website for the school district, if any.

(d) Any school district may submit a plan to the regional superintendent or executive director of an educational service center serving the school district demonstrating that the school district is highly fiscally efficient or has established plans and a timeline for becoming highly fiscally efficient. The regional superintendent or executive director of an educational service center shall review the plan and independently determine whether the school district is highly fiscally efficient or has established plans and a timeline for becoming highly fiscally efficient.

(e) The State Board of Education shall establish sanctions for fiscally inefficient districts that fail to adopt or make adequate progress on implementing a plan to improve fiscal efficiency. Sanctions may include, but are not limited to, any one or more of the following:

(1) ineligibility or a lower priority for any discretionary grant program administered by the State Board of Education, unless the State Board of Education is prohibited by law from considering fiscal efficiency as part of the program;

(2) a requirement that the district's fiscal efficiency plan be developed or modified in consultation with and with the approval of a designee of the State Board of Education;

(3) a requirement that the school district's annual budget for each fiscal year required by Section 17-1 of this Code be approved by a designee of the State Board of Education;

(4) a requirement that the school district undertake a school district reorganization study; or

(5) after more than 3 years of failure to improve fiscal efficiency, nonrecognition of the school district. If a school district is nonrecognized in its entirety, it shall automatically be dissolved on July 1 following that nonrecognition and its territory realigned with another school district or districts by the regional board of school trustees in accordance with the procedures set forth in Section 7-11 of this Code.

(f) The State Board of Education shall establish incentives for highly fiscally efficient school districts. Incentives may include, but are not limited to, a higher priority for any discretionary grant program administered by the State Board of Education, unless the State Board of Education is prohibited by law from considering fiscal efficiency as part of the program.

(g) The State Board of Education is authorized to administer a Fiscal Efficiency Revolving Loan Program from funds appropriated from the Fiscal Efficiency Revolving Loan Fund for the purpose of financing cooperative educational or operational programs that improve fiscal efficiency. Fiscal efficiency loans shall be made available to the fiscal agent of a cooperative educational or operational program established pursuant to Section 3-15.14 of this Code or a fiscal agent established by intergovernmental agreement of 2 or more school districts.

The State Board of Education shall determine the interest rate the loans shall bear, which shall not be greater than 50% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York. The repayment period for fiscal efficiency loans shall not exceed 7 years.

The State Board of Education shall have the authority to adopt all rules necessary for the implementation and administration of the Fiscal Efficiency Revolving Loan Program, including, but not limited to, rules defining application procedures, requiring appropriate local commitments, prescribing a mechanism for disbursing loan funds in the event requests exceed available funds, specifying collateral, and prescribing actions necessary to protect the State's interest in the event of default, foreclosure, or noncompliance with the terms and conditions of the loans.

(h) There is created in the State treasury the Fiscal Efficiency Revolving Loan Fund. The State Board of Education shall have the authority to make expenditures from the Fund pursuant to appropriations made for the purposes of this Section, including refunds. Amounts shall be deposited into the Fund, including, but not limited to, the following:

(1) all receipts, including principal and interest payments, from any loan made from the Fund;

(2) all proceeds of assets of whatever nature received by the State Board as a result of default or delinquency with respect to loans made from the Fund;

(3) any appropriations, grants, or gifts made to the Fund; and

(4) any income received from interest on investments of money in the Fund.

Section 10. The State Finance Act is amended by adding Section 5.786 as follows:

(30 ILCS 105/5.786 new)

Sec. 5.786. The Fiscal Efficiency Revolving Loan Fund.".