Full Text of HB2984 97th General Assembly
HB2984sam002 97TH GENERAL ASSEMBLY | Sen. James F. Clayborne, Jr. Filed: 5/1/2012
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| 1 | | AMENDMENT TO HOUSE BILL 2984
| 2 | | AMENDMENT NO. ______. Amend House Bill 2984 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 1B-8 and 2-3.25f as follows:
| 6 | | (105 ILCS 5/1B-8) (from Ch. 122, par. 1B-8)
| 7 | | Sec. 1B-8. There is created in the State Treasury a
special | 8 | | fund to be known as the School District Emergency
Financial | 9 | | Assistance Fund (the "Fund"). The School District Emergency
| 10 | | Financial Assistance Fund shall consist of appropriations, | 11 | | loan repayments, grants from the
federal government, and | 12 | | donations from any public or private source. Moneys in
the Fund
| 13 | | may be appropriated only to the Illinois Finance Authority and
| 14 | | the State Board for
those purposes authorized under this | 15 | | Article and Articles
1F and 1H and Section 2-3.25f of this | 16 | | Code.
The appropriation may be
allocated and expended by the |
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| 1 | | State Board for contractual services to provide technical | 2 | | assistance or consultation to school districts to assess their | 3 | | financial condition and to Financial Oversight Panels that | 4 | | petition for emergency financial assistance grants and as | 5 | | necessary to fulfill the goals and obligations of an | 6 | | intergovernmental agreement between a school district and the | 7 | | State Board of Education for management oversight or an | 8 | | independent authority under Section 2-3.25f of this Code . The | 9 | | Illinois Finance Authority may provide
loans to school | 10 | | districts which are the subject of an
approved petition for | 11 | | emergency financial assistance under
Section 1B-4,
1F-62, or | 12 | | 1H-65 , or 2-3.25f of this Code. Neither the State Board of | 13 | | Education nor the Illinois Finance Authority may collect any | 14 | | fees for providing these services. | 15 | | From the amount allocated to each such school
district | 16 | | under this Article the State Board shall identify a sum | 17 | | sufficient to
cover all approved costs of the Financial | 18 | | Oversight Panel or intergovernmental agreement between a | 19 | | school district and the State Board of Education for management | 20 | | oversight or an independent authority
established for the | 21 | | respective school district. If the State Board and State
| 22 | | Superintendent of Education have not approved emergency | 23 | | financial assistance in
conjunction with the appointment of a | 24 | | Financial Oversight Panel or the entry into an | 25 | | intergovernmental agreement between a school district and the | 26 | | State Board of Education for management oversight or an |
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| 1 | | independent authority , the Panel's
approved costs shall be paid | 2 | | from deductions from the district's general State
aid.
| 3 | | The Financial Oversight Panel or a school board that has | 4 | | entered into an intergovernmental agreement between the school | 5 | | district and the State Board of Education for management | 6 | | oversight or an independent authority may prepare and file
with | 7 | | the State Superintendent a proposal for emergency
financial | 8 | | assistance for the school district and for its
operations | 9 | | budget. No expenditures from the Fund shall be
authorized by | 10 | | the State Superintendent until he or she has approved
the | 11 | | request of the Panel or the school board , either as submitted | 12 | | or in such
lesser amount determined by the State | 13 | | Superintendent.
| 14 | | The maximum amount of an emergency financial assistance | 15 | | loan
which may be allocated to any school district under this
| 16 | | Article, including moneys necessary for the operations of any | 17 | | Financial Oversight
the Panel, shall not exceed $4,000 times | 18 | | the number of pupils
enrolled in the school district during the | 19 | | school year
ending June 30 prior to the date of approval by the | 20 | | State
Board of the petition for emergency financial assistance, | 21 | | as
certified to the school local board or and the Panel or both | 22 | | by the State
Superintendent.
An emergency financial assistance | 23 | | grant shall not exceed $2,000 $1,000 times the
number of such | 24 | | pupils. A school district may receive both a loan and a grant.
| 25 | | The payment of an emergency State financial assistance | 26 | | grant or loan
shall be subject to appropriation by the General |
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| 1 | | Assembly. Payment of the emergency State financial assistance | 2 | | loan is subject to the applicable provisions of the Illinois | 3 | | Finance Authority Act.
Emergency State financial assistance | 4 | | allocated and paid to a school
district under this Article may | 5 | | be applied to any fund or funds from which
the local board of | 6 | | education of that district is authorized to make
expenditures | 7 | | by law.
| 8 | | Any emergency financial assistance grant proposed by the
| 9 | | Financial Oversight Panel or the school board that has entered | 10 | | into an intergovernmental agreement between the school | 11 | | district and the State Board of Education for management | 12 | | oversight or an independent authority and approved by the State
| 13 | | Superintendent may be paid in its entirety during the
initial | 14 | | year of the Panel's existence or the term of the | 15 | | intergovernmental agreement between the school district and | 16 | | the State Board of Education for management oversight or an | 17 | | independent authority or spread in equal or
declining amounts | 18 | | over a period of years not to exceed the
period of the Panel's | 19 | | existence or the term of the intergovernmental agreement | 20 | | between the school district and the State Board of Education | 21 | | for management oversight or an independent authority . An | 22 | | emergency financial assistance loan proposed by the Financial | 23 | | Oversight Panel or the school board that has entered into an | 24 | | intergovernmental agreement between the school district and | 25 | | the State Board of Education for management oversight or an | 26 | | independent authority and approved by the Illinois Finance |
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| 1 | | Authority may be paid in its entirety during the initial year | 2 | | of the Panel's existence or the term of the intergovernmental | 3 | | agreement between the school district and the State Board of | 4 | | Education for management oversight or an independent authority | 5 | | or spread in equal or declining amounts over a period of years | 6 | | not to exceed the period of the Panel's existence or the term | 7 | | of the intergovernmental agreement between the school district | 8 | | and the State Board of Education for management oversight or an | 9 | | independent authority . All
loans made by the Illinois Finance | 10 | | Authority for a
school district shall be required to be repaid, | 11 | | with simple interest over
the term of the loan at a rate equal | 12 | | to 50% of the one-year Constant Maturity
Treasury (CMT) yield | 13 | | as last published by the Board of Governors of the Federal
| 14 | | Reserve System before the date on which the district's loan is
| 15 | | approved
by the Illinois Finance Authority, not later than the
| 16 | | date the
Financial Oversight Panel ceases to exist or the | 17 | | expiration of the intergovernmental agreement between the | 18 | | school district and the State Board of Education for management | 19 | | oversight or an independent authority . The Panel or the school | 20 | | board that has entered into an intergovernmental agreement | 21 | | between the school district and the State Board of Education | 22 | | for management oversight or an independent authority shall
| 23 | | establish and the Illinois Finance Authority shall
approve the | 24 | | terms and conditions, including the schedule, of
repayments. | 25 | | The schedule shall provide for repayments
commencing July 1 of | 26 | | each year or upon each fiscal year's receipt of moneys from a |
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| 1 | | tax levy for emergency financial assistance. Repayment shall be | 2 | | incorporated into the
annual budget of the school district and | 3 | | may be made from any fund or funds
of the district in which | 4 | | there are moneys available. An emergency financial assistance | 5 | | loan to the Panel or school district shall not be considered | 6 | | part of the calculation of a school district's debt for | 7 | | purposes of the limitation specified in Section 19-1 of this | 8 | | Code. Default on repayment is subject to the Illinois Grant | 9 | | Funds Recovery Act. When moneys are repaid
as provided herein | 10 | | they shall not be made available to the school local board for
| 11 | | further use as emergency financial assistance under this | 12 | | Article at any
time thereafter. All repayments required to be | 13 | | made by a school district
shall be received by the State Board | 14 | | and deposited in the School District
Emergency Financial | 15 | | Assistance Fund.
| 16 | | In establishing the terms and conditions for the
repayment | 17 | | obligation of the school district , the Panel or the school | 18 | | board that has entered into an intergovernmental agreement | 19 | | between the school district and the State Board of Education | 20 | | for management oversight or an independent authority shall
| 21 | | annually determine whether a separate local property tax levy | 22 | | is
required. The school board of any school district with a tax | 23 | | rate
for educational purposes for the prior year of less than
| 24 | | 120% of the maximum rate for educational purposes authorized
by | 25 | | Section 17-2 shall provide for a separate
tax levy for | 26 | | emergency financial assistance repayment
purposes. Such tax |
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| 1 | | levy shall not be subject to referendum approval. The
amount of | 2 | | the levy shall be equal to the
amount necessary to meet the | 3 | | annual repayment obligations of
the school district as | 4 | | established by the Panel or the school board that has entered | 5 | | into an intergovernmental agreement between the school | 6 | | district and the State Board of Education for management | 7 | | oversight or an independent authority , or 20% of the
amount | 8 | | levied for educational purposes for the prior year,
whichever | 9 | | is less. However, no school district shall be
required to levy | 10 | | the tax if the district's operating tax
rate as determined | 11 | | under Section
18-8 or 18-8.05 exceeds 200% of the district's | 12 | | tax rate for educational
purposes for the prior year.
| 13 | | (Source: P.A. 97-429, eff. 8-16-11.)
| 14 | | (105 ILCS 5/2-3.25f) (from Ch. 122, par. 2-3.25f)
| 15 | | Sec. 2-3.25f. State interventions.
| 16 | | (a) The State Board of Education shall provide technical
| 17 | | assistance to assist with the development and implementation of | 18 | | School and District Improvement Plans.
| 19 | | Schools or school districts that fail to make reasonable | 20 | | efforts to
implement an
approved Improvement Plan may suffer | 21 | | loss of State funds by school
district, attendance center, or | 22 | | program as the State Board of Education
deems appropriate.
| 23 | | (a-5) In this subsection (a-5), "school" means any of the | 24 | | following named public schools or their successor name: | 25 | | (1) Dirksen Middle School in Dolton School District |
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| 1 | | 149. | 2 | | (2) Diekman Elementary School in Dolton School | 3 | | District 149. | 4 | | (3) Caroline Sibley Elementary School in Dolton School | 5 | | District 149. | 6 | | (4) Berger-Vandenberg Elementary School in Dolton | 7 | | School District 149. | 8 | | (5) Carol Moseley Braun School in Dolton School | 9 | | District 149. | 10 | | (6) New Beginnings Learning Academy in Dolton School | 11 | | District 149. | 12 | | (7) McKinley Junior High School in South Holland School | 13 | | District 150. | 14 | | (8) Greenwood Elementary School in South Holland | 15 | | School District 150. | 16 | | (9) McKinley Elementary School in South Holland School | 17 | | District 150. | 18 | | (10) Eisenhower School in South Holland School | 19 | | District 151. | 20 | | (11) Madison School in South Holland School District | 21 | | 151. | 22 | | (12) Taft School in South Holland School District 151. | 23 | | (13) Wolcott School in Thornton School District 154. | 24 | | (14) Memorial Junior High School in Lansing School | 25 | | District 158. | 26 | | (15) Oak Glen Elementary School in Lansing School |
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| 1 | | District 158. | 2 | | (16) Lester Crawl Primary Center in Lansing School | 3 | | District 158. | 4 | | (17) Brookwood Junior High School in Brookwood School | 5 | | District 167. | 6 | | (18) Brookwood Middle School in Brookwood School | 7 | | District 167. | 8 | | (19) Hickory Bend Elementary School in Brookwood | 9 | | School District 167. | 10 | | (20) Medgar Evers Primary Academic Center in Ford | 11 | | Heights School District 169. | 12 | | (21) Nathan Hale Elementary School in Sunnybrook | 13 | | School District 171. | 14 | | (22) Ira F. Aldridge Elementary School in City of | 15 | | Chicago School District 299. | 16 | | (23) William E.B. DuBois Elementary School in City of | 17 | | Chicago School District 299. | 18 | | If, after 2 years following its placement on academic watch | 19 | | status, a school remains on academic watch status, then, | 20 | | subject to federal appropriation money being available, the | 21 | | State Board of Education shall allow the school board to opt in | 22 | | the process of operating that school on a pilot full-year | 23 | | school plan approved by the State Board of Education upon | 24 | | expiration of its teachers' current collective bargaining | 25 | | agreement until the expiration of the next collective | 26 | | bargaining agreement. A school board must notify the State |
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| 1 | | Board of Education of its intent to opt in the process of | 2 | | operating a school on a pilot full-year school plan. | 3 | | (b) In addition, if after 3 years following its placement | 4 | | on
academic
watch status a school district or school remains on
| 5 | | academic watch status, the
State Board of Education shall take | 6 | | one of the following actions for the
district or
school:
| 7 | | (1) The State Board of Education may authorize the | 8 | | State
Superintendent
of Education to direct the regional | 9 | | superintendent of schools to remove
school board members | 10 | | pursuant to Section 3-14.28 of this Code. Prior
to such | 11 | | direction the State Board of Education shall permit members | 12 | | of the
local board of education to present written and oral | 13 | | comments to the State
Board of Education. The State Board | 14 | | of Education may direct the State
Superintendent of | 15 | | Education to appoint an Independent Authority that shall
| 16 | | exercise such powers and duties as may be necessary to | 17 | | operate a school or
school district for purposes of | 18 | | improving pupil performance and school
improvement. The | 19 | | State Superintendent of Education shall designate one
| 20 | | member of the Independent Authority to serve as chairman. | 21 | | The Independent
Authority shall serve for a period of time | 22 | | specified by the State Board of
Education upon the | 23 | | recommendation of the State Superintendent of
Education.
| 24 | | (2) The State Board of Education may (A)
change the | 25 | | recognition status of the school district or school to
| 26 | | nonrecognized, or (B) authorize the State Superintendent
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| 1 | | of Education to direct the reassignment of pupils
or direct | 2 | | the reassignment or replacement of school district | 3 | | personnel who
are relevant to the
failure
to
meet adequate | 4 | | yearly progress criteria. If
a school district is | 5 | | nonrecognized in its entirety, it shall automatically
be | 6 | | dissolved on July 1 following that nonrecognition and its | 7 | | territory
realigned with another school district or | 8 | | districts by the regional board
of school trustees in | 9 | | accordance with the procedures set forth in Section
7-11 of | 10 | | the School Code. The effective date of the nonrecognition | 11 | | of a school
shall be July 1 following the nonrecognition. | 12 | | (3) The State Board of Education may enter into an | 13 | | intergovernmental agreement, pursuant to the | 14 | | Intergovernmental Cooperation Act and the Constitution of | 15 | | the State of Illinois, with the school board for the school | 16 | | district or school for management oversight of the planning | 17 | | and operations of the school district or school by the | 18 | | State Board of Education. A school board that enters into | 19 | | an intergovernmental agreement with the State Board of | 20 | | Education under this paragraph (3) may prepare and file | 21 | | with the State Superintendent of Eduction a proposal for | 22 | | emergency financial assistance for the school district in | 23 | | accordance with Section 1B-8 of this Code. A school | 24 | | district may receive both a loan and a grant.
| 25 | | (c) All federal requirements apply to schools and school | 26 | | districts
utilizing
federal funds under Title I, Part A of the |
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| 1 | | federal Elementary and Secondary
Education Act of 1965.
| 2 | | (Source: P.A. 97-370, eff. 1-1-12.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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