Full Text of HB5769 95th General Assembly
HB5769 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5769
Introduced , by Rep. Kathleen A. Ryg SYNOPSIS AS INTRODUCED: |
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Amends the School Code. Makes changes concerning school districts certified to be in financial difficulty, a district's account audit, the removal of school board members, the interest of a district's general counsel in contracts, the adoption by a school board of a formal, written financial policy, the development by a school board of a long-term financial plan and a 5-year capital improvement plan, the inclusion of a user-friendly executive summary as part of a district's budget, the inclusion of certain items in the full budget document, school board training on financial oversight, accountability, and fiduciary responsibilities, the establishment of an audit committee, an Education Inspector General, and school board associations. Effective immediately, except that certain provisions take effect July 1, 2009.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY |
FISCAL NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB5769 |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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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| (105 ILCS 5/1A-8) (from Ch. 122, par. 1A-8)
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| 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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| 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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| 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.
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| 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:
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| (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;
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| (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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| (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,
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| Transportation, and Working Cash Funds;
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| (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.
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| 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
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| 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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| difficulty, except those districts subject to Article 34A, to
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| develop, adopt and submit a financial plan within 45 days after
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| 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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| 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
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| 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
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| 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
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| Financial Oversight Panel for the district as provided in |
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| 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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| 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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| financial plan required under this Section has been approved by | 11 |
| the State
Board of Education.
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| 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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| (Source: P.A. 94-234, eff. 7-1-06 .)
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| (105 ILCS 5/3-7) (from Ch. 122, par. 3-7)
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| 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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| 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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| 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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| 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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| well as financial statements of the district applicable to the
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| 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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| 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
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| 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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| 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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| 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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| administrative district of a joint agreement shall on or before |
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| 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
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| 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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| The State Board of Education shall determine the adequacy
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| of the audits. All audits shall be kept on file in the office | 19 |
| of the
State Board of Education.
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| (Source: P.A. 86-1441; 87-473 .)
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| (105 ILCS 5/3-15.5) (from Ch. 122, par. 3-15.5)
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| 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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| in such claims being proven by a preponderance of the evidence .
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| (Source: Laws 1961, p. 31.)
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| (105 ILCS 5/10-9) (from Ch. 122, par. 10-9)
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| Sec. 10-9. Interest of board member or general counsel in | 5 |
| contracts.
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| (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
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| assessments, or (3) is sold by virtue of legal process at the | 17 |
| suit of
the district.
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| (b) However, any board member may provide materials, | 19 |
| merchandise,
property, services or labor, if:
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| 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
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| B. such interested board member publicly discloses the | 25 |
| nature and
extent of his interest prior to or during |
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| deliberations concerning the
proposed award of the | 2 |
| contract; and
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| 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
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| D. such contract is approved by a majority vote of | 7 |
| those board
members presently holding office; and
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| 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
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| 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.
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| (c) In addition to the above exemption, any board member | 18 |
| may provide
materials, merchandise, property, services or | 19 |
| labor if:
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| 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
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| B. the amount of the contract does not exceed $1,000; | 24 |
| and
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| 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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| 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,
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| 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,
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| association, partnership, or cooperative association in | 12 |
| the same fiscal year to
exceed $5,000; and
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| 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
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| 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.
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| (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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| (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.
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| (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
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| interest in such a contract shall not be deemed to be holding a
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| 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 |
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| proposed award. Such interested member or members shall
not | 2 |
| vote on such a proposed award. Any member or members abstaining
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| 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
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| district.
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| (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.
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| (Source: P.A. 89-244, eff. 8-4-95.)
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| (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. |
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| (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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| 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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| 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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| (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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| (105 ILCS 5/10-22.45) (from Ch. 122, par. 10-22.45)
| 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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| 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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| 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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| 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)
| 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.
| 12 |
| (Source: Laws 1961, p. 31.)
| 13 |
| (105 ILCS 5/23-6) (from Ch. 122, par. 23-6)
| 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
| 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
| 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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| professional development and training.
| 2 |
| (Source: P.A. 81-1508.)
| 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)
| 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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| 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, |
|
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| 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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| (105 ILCS 5/34-18.41 new)
| 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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|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 105 ILCS 5/1A-8 |
from Ch. 122, par. 1A-8 |
| 4 |
| 105 ILCS 5/3-7 |
from Ch. 122, par. 3-7 |
| 5 |
| 105 ILCS 5/3-15.5 |
from Ch. 122, par. 3-15.5 |
| 6 |
| 105 ILCS 5/10-9 |
from Ch. 122, par. 10-9 |
| 7 |
| 105 ILCS 5/10-17b new |
|
| 8 |
| 105 ILCS 5/10-17c new |
|
| 9 |
| 105 ILCS 5/10-17d new |
|
| 10 |
| 105 ILCS 5/10-20.46 new |
|
| 11 |
| 105 ILCS 5/10-22.45 |
from Ch. 122, par. 10-22.45 |
| 12 |
| 105 ILCS 5/22-50 new |
|
| 13 |
| 105 ILCS 5/23-3 |
from Ch. 122, par. 23-3 |
| 14 |
| 105 ILCS 5/23-6 |
from Ch. 122, par. 23-6 |
| 15 |
| 105 ILCS 5/34-18.37 new |
|
| 16 |
| 105 ILCS 5/34-18.38 new |
|
| 17 |
| 105 ILCS 5/34-18.39 new |
|
| 18 |
| 105 ILCS 5/34-18.40 new |
|
| 19 |
| 105 ILCS 5/34-18.41 new |
|
| |
|