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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | ||||||||||||||||||||||||
5 | 1A-8, 3-7, 3-15.5, 10-9, 10-22.45, 23-3, and 23-6 and by adding | ||||||||||||||||||||||||
6 | Sections 10-17b, 10-17c, 10-17d, 10-20.46, 22-50, 34-18.37, | ||||||||||||||||||||||||
7 | 34-18.38, 34-18.39, 34-18.40, and 34-18.41 as follows:
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8 | (105 ILCS 5/1A-8) (from Ch. 122, par. 1A-8)
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9 | Sec. 1A-8. Powers of the Board in Assisting Districts | ||||||||||||||||||||||||
10 | Deemed in Financial
Difficulties. To promote the financial | ||||||||||||||||||||||||
11 | integrity of school districts, the
State Board of Education | ||||||||||||||||||||||||
12 | shall be provided the necessary powers to promote
sound | ||||||||||||||||||||||||
13 | financial management and continue operation of the public | ||||||||||||||||||||||||
14 | schools.
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15 | The State Superintendent of Education may require a school | ||||||||||||||||||||||||
16 | district, including any district subject to Article 34A of this | ||||||||||||||||||||||||
17 | Code, to share financial information relevant to a proper | ||||||||||||||||||||||||
18 | investigation of the district's financial condition and the | ||||||||||||||||||||||||
19 | delivery of appropriate State financial, technical, and | ||||||||||||||||||||||||
20 | consulting services to the district if the district (i) has | ||||||||||||||||||||||||
21 | been designated, through the State Board of Education's School | ||||||||||||||||||||||||
22 | District Financial Profile System, as on financial warning or | ||||||||||||||||||||||||
23 | financial watch status, (ii) has failed to file an annual |
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1 | financial report, annual budget, deficit reduction plan, or | ||||||
2 | other financial information as required by law, or (iii) has | ||||||
3 | been identified, through the district's annual audit or other | ||||||
4 | financial and management information, as in serious financial | ||||||
5 | difficulty in the current or next school year. In addition to | ||||||
6 | financial, technical, and consulting services provided by the | ||||||
7 | State Board of Education, at the request of a school district, | ||||||
8 | the State Superintendent may provide for an independent | ||||||
9 | financial consultant to assist the district review its | ||||||
10 | financial condition and options.
| ||||||
11 | The State Board of Education, after proper investigation of | ||||||
12 | a district's
financial condition, may certify that a district, | ||||||
13 | including any district
subject to Article 34A, is in financial | ||||||
14 | difficulty
when any of the following conditions occur:
| ||||||
15 | (1) The district has issued school or teacher orders | ||||||
16 | for wages as permitted in Sections
8-16, 32-7.2 and 34-76 | ||||||
17 | of this Code;
| ||||||
18 | (2) The district has issued tax anticipation warrants | ||||||
19 | or tax
anticipation notes in anticipation of a second | ||||||
20 | year's taxes when warrants or
notes in anticipation of | ||||||
21 | current year taxes are still outstanding, as
authorized by | ||||||
22 | Sections 17-16, 34-23, 34-59 and 34-63 of this Code, or has | ||||||
23 | issued short-term debt against 2 future revenue sources, | ||||||
24 | such as, but not limited to, tax anticipation warrants and | ||||||
25 | general State Aid certificates or tax anticipation | ||||||
26 | warrants and revenue anticipation notes;
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1 | (3) The district has for 2 consecutive years shown an | ||||||
2 | excess
of expenditures and other financing uses over | ||||||
3 | revenues and other financing
sources and beginning fund | ||||||
4 | balances on its annual financial report for the
aggregate | ||||||
5 | totals of the Educational, Operations and Maintenance,
| ||||||
6 | Transportation, and Working Cash Funds;
| ||||||
7 | (4) The district refuses to provide financial | ||||||
8 | information or cooperate with the State Superintendent in | ||||||
9 | an investigation of the district's financial condition.
| ||||||
10 | No school district shall be certified by the State Board of | ||||||
11 | Education to be in financial difficulty by
reason of any of the | ||||||
12 | above circumstances (i) arising as a result of the failure
of | ||||||
13 | the county to make any distribution of property tax money due | ||||||
14 | the district
at the time such distribution is due ; (ii) arising | ||||||
15 | as a result of the failure of the Comptroller to disburse | ||||||
16 | reimbursements authorized under Sections 14-7.02, 14-7.02b, | ||||||
17 | 14-7.03, 14-13.01, 18-3, 18-11, 18-4.3, and 29-5 for receipt by | ||||||
18 | the school district no later than June 30th of each year ; or | ||||||
19 | (iii) if the district clearly demonstrates
to the satisfaction | ||||||
20 | of the State Board of Education at the time of its
| ||||||
21 | determination that such condition no longer exists. If the | ||||||
22 | State Board of
Education certifies that a district in a city | ||||||
23 | with 500,000 inhabitants or
more is in financial difficulty, | ||||||
24 | the State Board shall so notify the
Governor and the Mayor of | ||||||
25 | the city in which the district is located. The
State Board of | ||||||
26 | Education may require school districts certified in
financial |
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1 | difficulty, except those districts subject to Article 34A, to
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2 | develop, adopt and submit a financial plan within 45 days after
| ||||||
3 | certification of financial difficulty. The financial plan | ||||||
4 | shall be
developed according to guidelines presented to the | ||||||
5 | district by the State
Board of Education within 14 days of | ||||||
6 | certification. Such guidelines shall
address the specific | ||||||
7 | nature of each district's financial difficulties. Any
proposed | ||||||
8 | budget of the district shall be consistent with the financial | ||||||
9 | plan
submitted to and
approved by the State Board of Education.
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10 | A district certified to be in financial difficulty, other | ||||||
11 | than a district
subject to Article 34A, shall report to the | ||||||
12 | State Board of Education at
such times and in such manner as | ||||||
13 | the State Board may direct, concerning the
district's | ||||||
14 | compliance with each financial plan. The State Board may review
| ||||||
15 | the district's operations, obtain budgetary data and financial | ||||||
16 | statements,
require the district to produce reports, and have | ||||||
17 | access to any other
information in the possession of the | ||||||
18 | district that it deems relevant. The
State Board may issue | ||||||
19 | recommendations or directives within its powers to
the district | ||||||
20 | to assist in compliance with the financial plan. The district
| ||||||
21 | shall produce such budgetary data, financial statements, | ||||||
22 | reports and other
information and comply with such directives. | ||||||
23 | If the State Board of Education
determines that a district has | ||||||
24 | failed to comply with its financial plan, the
State Board of | ||||||
25 | Education may rescind approval of the plan and appoint a
| ||||||
26 | Financial Oversight Panel for the district as provided in |
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| |||||||
1 | Section 1B-4. This
action shall be taken only after the | ||||||
2 | district has been given notice and an
opportunity to appear | ||||||
3 | before the State Board of Education to discuss its
failure to | ||||||
4 | comply with its financial plan.
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5 | No bonds, notes, teachers orders, tax anticipation | ||||||
6 | warrants or other
evidences of indebtedness shall be issued or | ||||||
7 | sold by a school district or
be legally binding upon or | ||||||
8 | enforceable against a local board of education
of a district | ||||||
9 | certified to be in financial difficulty unless and until the
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10 | financial plan required under this Section has been approved by | ||||||
11 | the State
Board of Education.
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12 | Any financial watch list distributed by the State Board of | ||||||
13 | Education
pursuant to this Section shall designate those school | ||||||
14 | districts on the
watch list that would not otherwise be on the | ||||||
15 | watch list were it not for the
inability or refusal of the | ||||||
16 | State of Illinois to make timely
disbursements of any payments | ||||||
17 | due school districts or to fully reimburse
school districts for | ||||||
18 | mandated categorical programs pursuant to
reimbursement | ||||||
19 | formulas provided in this School Code.
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20 | (Source: P.A. 94-234, eff. 7-1-06 .)
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21 | (105 ILCS 5/3-7) (from Ch. 122, par. 3-7)
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22 | Sec. 3-7. Failure to prepare and forward information.
If | ||||||
23 | the trustees of schools of any township in Class II county | ||||||
24 | school
units, or any school district which forms a part of a | ||||||
25 | Class II county
school unit but which is not subject to the |
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1 | jurisdiction of the trustees of
schools of any township in | ||||||
2 | which such district is located, or any
school district in any | ||||||
3 | Class I county school units fail to
prepare and forward or | ||||||
4 | cause to be prepared and forwarded to the regional
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5 | superintendent of schools, reports required by this Act, the | ||||||
6 | regional
superintendent of schools shall furnish such | ||||||
7 | information or he shall
employ a person or persons to furnish | ||||||
8 | such information, as far as
practicable. Such person shall have | ||||||
9 | access to the books, records and
papers of the school district | ||||||
10 | to enable him or them to prepare such
reports, and the school | ||||||
11 | district shall permit such person or persons to
examine such | ||||||
12 | books, records and papers at such time and such place as
such | ||||||
13 | person or persons may desire for the purpose aforesaid. For | ||||||
14 | such
services the regional superintendent of schools shall bill | ||||||
15 | the district an
amount to cover the cost of preparation of such | ||||||
16 | reports if he employs a
person to prepare such reports.
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17 | Each school district shall, as of June 30 of each year, | ||||||
18 | cause an audit
of its accounts to be made by a person lawfully | ||||||
19 | qualified to practice
public accounting as regulated by the | ||||||
20 | Illinois Public Accounting Act. Such
audit shall include (i) | ||||||
21 | development of a risk assessment of district operations, (ii) | ||||||
22 | an annual review and update of the risk assessment, and (iii) | ||||||
23 | an annual management letter that analyzes significant risk | ||||||
24 | assessment findings, recommends changes for strengthening | ||||||
25 | controls and reducing identified risks, and specifies | ||||||
26 | timeframes for implementation of these recommendations, as |
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1 | well as financial statements of the district applicable to the
| ||||||
2 | type of records required by other sections of this Act and in | ||||||
3 | addition
shall set forth the scope of audit and shall include | ||||||
4 | the professional
opinion signed by the auditor, or if such an | ||||||
5 | opinion is denied by the
auditor, shall set forth the reasons | ||||||
6 | for such denial. Each school district
shall on or before | ||||||
7 | October 15 of each year, submit an original and one copy
of the | ||||||
8 | such audit to the regional superintendent of schools in the | ||||||
9 | educational
service region having jurisdiction in which case | ||||||
10 | the regional
superintendent of schools shall be relieved of | ||||||
11 | responsibility in regard to
the accounts of the school | ||||||
12 | district. If any school district fails to supply
the regional | ||||||
13 | superintendent of schools with a copy of such audit report on
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14 | or before October 15, or within such time extended by the | ||||||
15 | regional
superintendent of schools from that date, not to | ||||||
16 | exceed 60 days, then it
shall be the responsibility of the | ||||||
17 | regional superintendent of schools
having jurisdiction to | ||||||
18 | cause such audit to be made by employing an
accountant licensed | ||||||
19 | to practice in the State of Illinois to conduct such
audit and | ||||||
20 | shall bill the district for such services, or shall with the
| ||||||
21 | personnel of his office make such audit to his satisfaction and | ||||||
22 | bill the
district for such service. In the latter case, if the | ||||||
23 | audit is made by
personnel employed in the office of the | ||||||
24 | regional superintendent of schools
having jurisdiction, then | ||||||
25 | the regional superintendent of schools shall not
be relieved of | ||||||
26 | the responsibility as to the accountability of the school
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1 | district. The copy of the audit shall be forwarded by the | ||||||
2 | regional
superintendent to the State Board of Education on or | ||||||
3 | before November 15 of
each year and shall be filed by the State | ||||||
4 | Board of Education. Beginning on July 1, 2009, all school | ||||||
5 | districts shall utilize a competitive request for proposals | ||||||
6 | process at least once every 5 years when contracting for such | ||||||
7 | an annual audit.
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8 | Each school district that is the administrative district | ||||||
9 | for several
school districts operating under a joint agreement | ||||||
10 | as authorized by this
Act shall, as of June 30 each year, cause | ||||||
11 | an audit of the accounts of the
joint agreement to be made by a | ||||||
12 | person lawfully qualified to practice
public accounting as | ||||||
13 | regulated by the Illinois Public Accounting Act. Such
audit | ||||||
14 | shall include (i) development of a risk assessment of district | ||||||
15 | operations, (ii) an annual review and update of the risk | ||||||
16 | assessment, and (iii) an annual management letter that analyzes | ||||||
17 | significant risk assessment findings, recommends changes for | ||||||
18 | strengthening controls and reducing identified risks, and | ||||||
19 | specifies timeframes for implementation of these | ||||||
20 | recommendations, as well as financial statements of the | ||||||
21 | operation of the joint
agreement applicable to the type of | ||||||
22 | records required by this Act and, in
addition, shall set forth | ||||||
23 | the scope of the audit and shall include the
professional | ||||||
24 | opinion signed by the auditor, or if such an opinion is
denied, | ||||||
25 | the auditor shall set forth the reason for such denial. Each
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26 | administrative district of a joint agreement shall on or before |
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1 | October 15
each year, submit an original and one copy of such | ||||||
2 | audit to the regional
superintendent of schools in the | ||||||
3 | educational service region having
jurisdiction in which case | ||||||
4 | the regional superintendent of schools shall be
relieved of | ||||||
5 | responsibility in regard to the accounts of the joint
| ||||||
6 | agreement. The copy of the audit shall be forwarded by the | ||||||
7 | regional
superintendent to the State Board of Education on or | ||||||
8 | before November 15 of
each year and shall be filed by the State | ||||||
9 | Board of Education. The cost of
such an audit shall be | ||||||
10 | apportioned among and paid by the several districts
who are | ||||||
11 | parties to the joint agreement, in the same manner as
other | ||||||
12 | costs and expenses accruing to the districts jointly. Beginning | ||||||
13 | on July 1, 2009, all school districts operating under a joint | ||||||
14 | agreement shall utilize a competitive request for proposals | ||||||
15 | process at least once every 5 years when contracting for such | ||||||
16 | an annual audit.
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17 | The State Board of Education shall determine the adequacy
| ||||||
18 | of the audits. All audits shall be kept on file in the office | ||||||
19 | of the
State Board of Education.
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20 | (Source: P.A. 86-1441; 87-473 .)
| ||||||
21 | (105 ILCS 5/3-15.5) (from Ch. 122, par. 3-15.5)
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22 | Sec. 3-15.5. Removal of school board members. To remove any | ||||||
23 | member of a school board from office for reckless or wilful | ||||||
24 | failure to
perform his or her official duties , after a complete | ||||||
25 | investigation by the Education Inspector General that results |
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| |||||||
1 | in such claims being proven by a preponderance of the evidence .
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2 | (Source: Laws 1961, p. 31.)
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3 | (105 ILCS 5/10-9) (from Ch. 122, par. 10-9)
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4 | Sec. 10-9. Interest of board member or general counsel in | ||||||
5 | contracts.
| ||||||
6 | (a) No school board member shall be interested, directly or | ||||||
7 | indirectly,
in his own name or in the name of any other person, | ||||||
8 | association, trust or
corporation, in any contract, work or | ||||||
9 | business of the district or in the
sale of any article, | ||||||
10 | whenever the expense, price or consideration of the
contract, | ||||||
11 | work, business or sale is paid either from the treasury or by | ||||||
12 | any
assessment levied by any statute or ordinance. No school | ||||||
13 | board member or general counsel
shall be interested, directly | ||||||
14 | or indirectly, in the purchase of any
property which (1) | ||||||
15 | belongs to the district, or (2) is sold for taxes or
| ||||||
16 | assessments, or (3) is sold by virtue of legal process at the | ||||||
17 | suit of
the district.
| ||||||
18 | (b) However, any board member may provide materials, | ||||||
19 | merchandise,
property, services or labor, if:
| ||||||
20 | A. the contract is with a person, firm, partnership, | ||||||
21 | association,
corporation or cooperative association in | ||||||
22 | which the board member has
less than a 7 1/2% share in the | ||||||
23 | ownership; and
| ||||||
24 | B. such interested board member publicly discloses the | ||||||
25 | nature and
extent of his interest prior to or during |
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1 | deliberations concerning the
proposed award of the | ||||||
2 | contract; and
| ||||||
3 | C. such interested board member abstains from voting on | ||||||
4 | the award of
the contract, though he shall be considered | ||||||
5 | present for the purposes of
establishing a quorum; and
| ||||||
6 | D. such contract is approved by a majority vote of | ||||||
7 | those board
members presently holding office; and
| ||||||
8 | E. the contract is awarded after sealed bids to the | ||||||
9 | lowest
responsible bidder if the amount of the contract | ||||||
10 | exceeds $1500,
or
awarded without bidding if the amount of | ||||||
11 | the contract is less than
$1500; and
| ||||||
12 | F. the award of the contract would not cause the | ||||||
13 | aggregate amount of
all such contracts so awarded to the | ||||||
14 | same person, firm, association,
partnership, corporation | ||||||
15 | or cooperative association in the same fiscal
year to | ||||||
16 | exceed $25,000.
| ||||||
17 | (c) In addition to the above exemption, any board member | ||||||
18 | may provide
materials, merchandise, property, services or | ||||||
19 | labor if:
| ||||||
20 | A. the award of the contract is approved by a majority | ||||||
21 | vote of the
board provided that any such interested member | ||||||
22 | shall abstain from
voting; and
| ||||||
23 | B. the amount of the contract does not exceed $1,000; | ||||||
24 | and
| ||||||
25 | C. the award of the contract would not cause the | ||||||
26 | aggregate amount of
all such contracts so awarded to the |
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| |||||||
1 | same person, firm, association,
partnership, corporation, | ||||||
2 | or cooperative association in the same fiscal
year to | ||||||
3 | exceed $2,000, except with respect to a board member of a | ||||||
4 | school
district in which the materials, merchandise, | ||||||
5 | property, services, or labor to
be provided under the | ||||||
6 | contract are not available from any other person, firm,
| ||||||
7 | association, partnership, corporation, or cooperative | ||||||
8 | association in the
district, in which event the award of | ||||||
9 | the contract shall not cause the
aggregate amount of all | ||||||
10 | contracts so awarded to that same person, firm,
| ||||||
11 | association, partnership, or cooperative association in | ||||||
12 | the same fiscal year to
exceed $5,000; and
| ||||||
13 | D. such interested member publicly discloses the | ||||||
14 | nature and extent
of his interest prior to or during | ||||||
15 | deliberations concerning the proposed
award of the | ||||||
16 | contract; and
| ||||||
17 | E. such interested member abstains from voting on the | ||||||
18 | award of the
contract, though he shall be considered | ||||||
19 | present for the purposes of
establishing a quorum.
| ||||||
20 | (d) In addition to exemptions otherwise authorized by this | ||||||
21 | Section, any
board member may purchase for use as the board | ||||||
22 | member's primary place of
residence a house constructed by the | ||||||
23 | district's vocational education
students on the same basis that | ||||||
24 | any other person would be entitled to
purchase the property. | ||||||
25 | The sale of the house by the district must comply
with the | ||||||
26 | requirements set forth in Section 5-22 of The School Code.
|
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| |||||||
1 | (e) A contract for the procurement of public utility | ||||||
2 | services by a
district with a public utility company is not | ||||||
3 | barred by this Section by
one or more members of the board | ||||||
4 | being an officer or employee of the
public utility company or | ||||||
5 | holding an ownership interest of no more than
7 1/2% in the | ||||||
6 | public utility company, or holding an ownership interest of
any | ||||||
7 | size if the school district has a population of less than 7,500 | ||||||
8 | and
the public utility's rates are approved by the Illinois | ||||||
9 | Commerce
Commission. An elected or appointed member of the | ||||||
10 | board having such an
interest shall be deemed not to have a | ||||||
11 | prohibited interest under this Section.
| ||||||
12 | (f) Nothing contained in this Section, including the | ||||||
13 | restrictions set
forth in subsections (b), (c), (d) and (e), | ||||||
14 | shall preclude a contract of
deposit of monies, loans or other | ||||||
15 | financial services by a school
district with a local bank or | ||||||
16 | local savings and loan association,
regardless of whether a | ||||||
17 | member or members of the governing body of the
school district | ||||||
18 | are interested in such bank or savings and loan
association as | ||||||
19 | an officer or employee or as a holder of less than 7 1/2%
of the | ||||||
20 | total ownership interest. A member or members holding such an
| ||||||
21 | interest in such a contract shall not be deemed to be holding a
| ||||||
22 | prohibited interest for purposes of this Act. Such interested | ||||||
23 | member or
members of the governing body must publicly state the | ||||||
24 | nature and extent
of their interest during deliberations | ||||||
25 | concerning the proposed award of
such a contract, but shall not | ||||||
26 | participate in any further deliberations
concerning the |
| |||||||
| |||||||
1 | proposed award. Such interested member or members shall
not | ||||||
2 | vote on such a proposed award. Any member or members abstaining
| ||||||
3 | from participation in deliberations and voting under this | ||||||
4 | Section may be
considered present for purposes of establishing | ||||||
5 | a quorum. Award of such
a contract shall require approval by a | ||||||
6 | majority vote of those members
presently holding office. | ||||||
7 | Consideration and award of any such contract
in which a member | ||||||
8 | or members are interested may only be made at a
regularly | ||||||
9 | scheduled public meeting of the governing body of the school
| ||||||
10 | district.
| ||||||
11 | (g) Any school board member or general counsel who violates | ||||||
12 | this Section is guilty of a
Class 4 felony and in addition | ||||||
13 | thereto any office held by such person so
convicted shall | ||||||
14 | become vacant and shall be so declared as part of the
judgment | ||||||
15 | of the court.
| ||||||
16 | (Source: P.A. 89-244, eff. 8-4-95.)
| ||||||
17 | (105 ILCS 5/10-17b new) | ||||||
18 | Sec. 10-17b. Financial policies. Each school board shall | ||||||
19 | adopt a formal, written financial policy. The policy may | ||||||
20 | include information in the following areas: | ||||||
21 | (1) Debt capacity, issuance, and management. | ||||||
22 | (2) Capital asset management. | ||||||
23 | (3) Reserve or stabilization funds. | ||||||
24 | (4) Periodic budget to actual comparison reports. | ||||||
25 | (5) Fees and charges. |
| |||||||
| |||||||
1 | (6) The use of one-time revenue. | ||||||
2 | (7) Risk management. | ||||||
3 | (8) Purchasing. | ||||||
4 | (9) Vehicle acquisition and maintenance. | ||||||
5 | The school board shall make the policy publicly available. | ||||||
6 | (105 ILCS 5/10-17c new) | ||||||
7 | Sec. 10-17c. Long-term financial plan. Each school board | ||||||
8 | shall develop a long-term financial plan that extends over at | ||||||
9 | least a 3-year period and that is updated and approved | ||||||
10 | annually. The plan must include multi-year forecasts of | ||||||
11 | revenues, expenditures, and debt. The school board may make the | ||||||
12 | plan available to the public by publishing it as a separate | ||||||
13 | document and submitting it with the annual budget or by posting | ||||||
14 | the plan as a document on the school district's Internet | ||||||
15 | website, if any. The forecasts that are the foundation of the | ||||||
16 | plan must be available to participants in the budget process | ||||||
17 | before budgetary decisions are made. The public must be | ||||||
18 | provided opportunities for providing dialog with respect to the | ||||||
19 | long-term financial planning process. | ||||||
20 | (105 ILCS 5/10-17d new) | ||||||
21 | Sec. 10-17d. Capital improvement plan. Each school board | ||||||
22 | shall develop a 5-year capital improvement plan that is updated | ||||||
23 | and approved annually. The plan must include a summary list of | ||||||
24 | the description of the capital projects to be completed over |
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1 | the next 5 years, along with projected expenditures, and | ||||||
2 | revenue sources. The school board shall make the plan available | ||||||
3 | to the public. The school board shall hold a public hearing on | ||||||
4 | the capital improvement plan, which hearing may be held at a | ||||||
5 | regularly scheduled meeting of the board. | ||||||
6 | (105 ILCS 5/10-20.46 new)
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7 | Sec. 10-20.46. School district financial accountability. | ||||||
8 | (a) A school board shall annually include a user-friendly | ||||||
9 | executive summary as part of the district's budget. The | ||||||
10 | executive summary shall include all of the following: | ||||||
11 | (1) The district's major goals and objectives. | ||||||
12 | (2) A discussion of the major financial factors and | ||||||
13 | trends affecting the budget, such as changes in revenues, | ||||||
14 | enrollment, and debt. | ||||||
15 | (3) A description of the budget process. | ||||||
16 | (4) An overview of revenues and expenditures for all | ||||||
17 | funds, including 3 to 5 years of prior trends. | ||||||
18 | (5) An explanation of significant financial and | ||||||
19 | demographic trends. | ||||||
20 | (6) An explanation of the reasons for a budget deficit | ||||||
21 | and an explanation of how the deficit is being addressed. | ||||||
22 | (7) A budget forecast for 3 to 5 years in the future. | ||||||
23 | (8) Student enrollment trends, including a future | ||||||
24 | forecast. | ||||||
25 | (9) The number of personnel by type. |
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1 | (10) Changes in debt burden. | ||||||
2 | (b) A school board shall annually include in the full | ||||||
3 | budget document the following items; any or all of the | ||||||
4 | following items may be published as separate documents provided | ||||||
5 | that they are explicitly referenced in the annual budget and | ||||||
6 | provided that they are made publicly available at the same time | ||||||
7 | as the budget document: | ||||||
8 | (1) An organizational chart. | ||||||
9 | (2) Formal financial policies. | ||||||
10 | (3) The district's long-term financial plan or a | ||||||
11 | summary of the long-term financial plan. | ||||||
12 | (4) The district's capital improvement plan or a | ||||||
13 | summary of the capital improvement plan. | ||||||
14 | (5) Beginning one year after the effective date of this | ||||||
15 | amendatory Act of the 95th General Assembly, a listing of | ||||||
16 | school board members who have completed required financial | ||||||
17 | management training under subsection (c) of this Section. | ||||||
18 | (c) All school board members must complete at least 4 hours | ||||||
19 | of
training on their financial oversight, accountability, and | ||||||
20 | fiduciary responsibilities. The training must be completed | ||||||
21 | within a year after the effective date of this amendatory Act | ||||||
22 | of the 95th General Assembly or within a year after election | ||||||
23 | and may be provided by an association established under this | ||||||
24 | Code for the purpose of training school board members or by | ||||||
25 | other qualified providers approved by the State Board of | ||||||
26 | Education, in conjunction with an association so established.
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1 | (105 ILCS 5/10-22.45) (from Ch. 122, par. 10-22.45)
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2 | Sec. 10-22.45. A school board shall To establish an audit | ||||||
3 | committee, which may include and to appoint members
of the | ||||||
4 | board , or other appropriate officers , or persons who do not | ||||||
5 | serve on the board to the committee , to review audit
reports | ||||||
6 | and any other financial reports and documents, including | ||||||
7 | management
letters prepared by or on behalf of the board. | ||||||
8 | Nothing in this Section prohibits a school district from | ||||||
9 | maintaining its own internal audit function.
| ||||||
10 | (Source: P.A. 82-644.)
| ||||||
11 | (105 ILCS 5/22-50 new) | ||||||
12 | Sec. 22-50. Education Inspector General. | ||||||
13 | (a) The Education Inspector General and his or her office | ||||||
14 | is hereby created on the effective date of this amendatory Act | ||||||
15 | of the 95th General Assembly, which shall be under the | ||||||
16 | jurisdiction of the Office of the Attorney General. The | ||||||
17 | Education Inspector General shall have the authority to conduct | ||||||
18 | investigations into allegations of or incidents of fraud, abuse | ||||||
19 | of authority, and financial mismanagement in public education | ||||||
20 | within this State, other than the City of Chicago, by an | ||||||
21 | employee, contractor, or member of a school board. The | ||||||
22 | Education Inspector General shall make recommendations to the | ||||||
23 | Attorney General about the investigations. The initial | ||||||
24 | Education Inspector General shall be appointed by the Attorney |
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1 | General for a term expiring on December 31, 2010. His or her | ||||||
2 | successors in office shall each be appointed by the Attorney | ||||||
3 | General for 4-year terms expiring on December 31. If the | ||||||
4 | Education Inspector General leaves office or if a vacancy in | ||||||
5 | that office otherwise occurs, the Attorney General shall | ||||||
6 | appoint a successor to serve under this Section for the | ||||||
7 | remainder of the unexpired term. The Education Inspector | ||||||
8 | General shall be independent of the operations of the Office of | ||||||
9 | the Attorney General. | ||||||
10 | (b) The Education Inspector General shall have access to | ||||||
11 | all information and personnel necessary to perform the duties | ||||||
12 | of the office. If the Education Inspector General finds | ||||||
13 | evidence that a criminal act has been committed or that special | ||||||
14 | expertise is required in the investigation, he or she shall | ||||||
15 | immediately notify the local law enforcement agency with | ||||||
16 | jurisdiction and the State's Attorney's office with | ||||||
17 | jurisdiction. All investigations conducted by the Education | ||||||
18 | Inspector General shall be conducted in a manner that ensures | ||||||
19 | the preservation of evidence for use in criminal prosecutions. | ||||||
20 | (c) With minimal disruption to the educational process, the | ||||||
21 | Education Inspector General shall be granted access to any | ||||||
22 | building or facility that is owned, operated, or leased by the | ||||||
23 | school district in trust and for the use and benefit of the | ||||||
24 | schools of the district. | ||||||
25 | (d) The Education Inspector General shall have the power to | ||||||
26 | subpoena witnesses and compel the production of books and |
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1 | papers pertinent to an investigation authorized by this | ||||||
2 | Section. Any person who knowingly makes a false allegation | ||||||
3 | under this Code is guilty of a Class A misdemeanor. Any person | ||||||
4 | who, under this Section, (i) fails to appear in response to a | ||||||
5 | subpoena, (ii) fails to answer any question, (iii) fails to | ||||||
6 | produce any books or papers pertinent to an investigation under | ||||||
7 | this Section, or (iv) knowingly gives false testimony during an | ||||||
8 | investigation under this Section is guilty of a Class A | ||||||
9 | misdemeanor. | ||||||
10 | (e) The Education Inspector General shall provide to the | ||||||
11 | Attorney General and the General Assembly a summary of reports | ||||||
12 | and investigations made under this Section for the previous | ||||||
13 | fiscal year no later than January 1 of each year. The summary | ||||||
14 | shall detail the final disposition of the Education Inspector | ||||||
15 | General's recommendations. The summary must not contain any | ||||||
16 | confidential or identifying information concerning the | ||||||
17 | subjects of the reports and investigations. The summary shall | ||||||
18 | also include detailed recommended administrative actions and | ||||||
19 | matters for consideration by the General Assembly. | ||||||
20 | (f) The Education Inspector General shall investigate | ||||||
21 | allegations of or incidents of fraud, abuse of authority, and | ||||||
22 | financial mismanagement in public education within this State, | ||||||
23 | other than the City of Chicago, by an employee, contractor, or | ||||||
24 | member of a school board. Should the Education Inspector | ||||||
25 | General find reckless or willful failure to perform his or her | ||||||
26 | official duties on the part of a board member, the Education |
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1 | Inspector General shall contact, via certified mail, the | ||||||
2 | regional superintendent of schools with jurisdiction.
| ||||||
3 | (105 ILCS 5/23-3) (from Ch. 122, par. 23-3)
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4 | Sec. 23-3. Filing
copy of constitution, by-laws and | ||||||
5 | amendments. Within 30 days after the adoption by any such | ||||||
6 | association of its
constitution or by-laws or any amendment | ||||||
7 | thereto, it shall file a copy
thereof, certified by its | ||||||
8 | president and executive director, with the
Governor, the State | ||||||
9 | Superintendent of Education, Public Instruction and the | ||||||
10 | regional county
superintendent of schools of each region county | ||||||
11 | in which it has any membership.
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12 | (Source: Laws 1961, p. 31.)
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13 | (105 ILCS 5/23-6) (from Ch. 122, par. 23-6)
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14 | Sec. 23-6. Annual report. Each association shall make an | ||||||
15 | annual report within 60 days after the
close of its fiscal year | ||||||
16 | to the Governor, the State Board of Education
and the regional
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17 | superintendent of schools of each region in
which it has | ||||||
18 | members, setting forth the activities of the association
for | ||||||
19 | the preceding fiscal year, the institutes held, the subjects
| ||||||
20 | discussed, and the attendance, and shall furnish the Governor, | ||||||
21 | the
State Board of Education and
such regional superintendents
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22 | with copies of all publications sent to its members. The | ||||||
23 | association shall include the board training topics offered and | ||||||
24 | the number of school board members that availed themselves of |
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1 | professional development and training.
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2 | (Source: P.A. 81-1508.)
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3 | (105 ILCS 5/34-18.37 new)
| ||||||
4 | Sec. 34-18.37. Financial policies. The board shall adopt a | ||||||
5 | formal, written financial policy. The policy may include | ||||||
6 | information in the following areas: | ||||||
7 | (1) Debt capacity, issuance, and management. | ||||||
8 | (2) Capital asset management. | ||||||
9 | (3) Reserve or stabilization funds. | ||||||
10 | (4) Periodic budget to actual comparison reports. | ||||||
11 | (5) Fees and charges. | ||||||
12 | (6) The use of one-time revenue. | ||||||
13 | (7) Risk management. | ||||||
14 | (8) Purchasing. | ||||||
15 | (9) Vehicle acquisition and maintenance. | ||||||
16 | The board shall make the policy publicly available. | ||||||
17 | (105 ILCS 5/34-18.38 new)
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18 | Sec. 34-18.38. Long-term financial plan. The board shall | ||||||
19 | develop a long-term financial plan that extends over at least a | ||||||
20 | 3-year period and that is updated and approved annually. The | ||||||
21 | plan must include multi-year forecasts of revenues, | ||||||
22 | expenditures, and debt. The board may make the plan available | ||||||
23 | to the public by publishing it as a separate document and | ||||||
24 | submitting it with the annual budget or by posting the plan as |
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1 | a document on the school district's Internet website. The | ||||||
2 | forecasts that are the foundation of the plan must be available | ||||||
3 | to participants in the budget process before budgetary | ||||||
4 | decisions are made. The public must be provided opportunities | ||||||
5 | for providing dialog with respect to the long-term financial | ||||||
6 | planning process. | ||||||
7 | (105 ILCS 5/34-18.39 new)
| ||||||
8 | Sec. 34-18.39. Capital improvement plan. The board shall | ||||||
9 | develop a 5-year capital improvement plan that is updated and | ||||||
10 | approved annually. The plan must include a summary list of the | ||||||
11 | description of the capital projects to be completed over the | ||||||
12 | next 5 years, along with projected expenditures, and revenue | ||||||
13 | sources. The board shall make the plan available to the public. | ||||||
14 | The board shall hold a public hearing on the capital | ||||||
15 | improvement plan, which hearing may be held at a regularly | ||||||
16 | scheduled meeting of the board. | ||||||
17 | (105 ILCS 5/34-18.40 new) | ||||||
18 | Sec. 34-18.40. School district financial accountability. | ||||||
19 | (a) The board shall annually include a user-friendly | ||||||
20 | executive summary as part of the district's budget. The | ||||||
21 | executive summary shall include all of the following: | ||||||
22 | (1) The district's major goals and objectives. | ||||||
23 | (2) A discussion of the major financial factors and | ||||||
24 | trends affecting the budget, such as changes in revenues, |
| |||||||
| |||||||
1 | enrollment, and debt. | ||||||
2 | (3) A description of the budget process. | ||||||
3 | (4) An overview of revenues and expenditures for all | ||||||
4 | funds, including 3 to 5 years of prior trends. | ||||||
5 | (5) An explanation of significant financial and | ||||||
6 | demographic trends. | ||||||
7 | (6) An explanation of the reasons for a budget deficit | ||||||
8 | and an explanation of how the deficit is being addressed. | ||||||
9 | (7) A budget forecast for 3 to 5 years in the future. | ||||||
10 | (8) Student enrollment trends, including a future | ||||||
11 | forecast. | ||||||
12 | (9) The number of personnel by type. | ||||||
13 | (10) Changes in debt burden. | ||||||
14 | (b) The board shall annually include in the full budget | ||||||
15 | document the following items; any or all of the following items | ||||||
16 | may be published as separate documents provided that they are | ||||||
17 | explicitly referenced in the annual budget and provided that | ||||||
18 | they are made publicly available at the same time as the budget | ||||||
19 | document: | ||||||
20 | (1) An organizational chart. | ||||||
21 | (2) Formal financial policies. | ||||||
22 | (3) The district's long-term financial plan or a | ||||||
23 | summary of the long-term financial plan. | ||||||
24 | (4) The district's capital improvement plan or a | ||||||
25 | summary of the capital improvement plan. |
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1 | (105 ILCS 5/34-18.41 new)
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2 | Sec. 34-18.41. Audit committee. The board shall establish | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | an audit committee, which may include members
of the board, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | other appropriate officers, or persons who do not serve on the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | board, to review the board's independent auditor's
report on | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | the comprehensive annual financial report and other financial | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | reports and documents, including management
letters. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | becoming law, except that the provisions changing Sections 3-7, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | 10-22.45, and 23-6 and adding Sections 10-17b, 10-17c, 10-17d, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | 10-20.46, 34-18.37, 34-18.39, 34-18.40, and 34-18.41 of the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | School Code take effect July 1, 2009. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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