SB2281 96TH GENERAL ASSEMBLY

LRB096 11340 NHT 21789 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2281

Introduced 2/20/2009, by Sen. Chris Lauzen

SYNOPSIS AS INTRODUCED:

New Act

Creates the 2009 School District Reorganization Act. Within 60 days after the effective date of the Act, requires each educational service region to create a committee for the reorganization of school districts. Provides that no later than November 30, 2009, the chairperson of each reorganization committee shall submit to the State Committee a plan for reorganization of appropriate school districts within the educational service region. Requires the State Board of Education to serve as the State Committee. Requires the State Committee to receive and examine each plan for the reorganization of school districts submitted to it by the reorganization committees and to approve or reject the plan in whole or in part within 60 days after receipt of the plan. Sets forth other powers and duties of the State Committee. Provides for the approval of a plan by voters and for when the plan must take effect. Provides that, commencing on July 1, 2011, the State Board of Education shall assess the progress of reorganization made under the Act, conduct a survey of the need for additional reorganizations, and submit a report to the General Assembly and the Governor as to the progress made toward reorganization and the need for additional reorganization. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the 2009 School District Reorganization Act.

Section 5. Purpose. The purpose of this Act is to provide the framework for an effective and orderly reorganization of the existing school districts of this State through the retention of unit districts and the combination or reorganization of other non-unit districts in order to enhance educational opportunity for the children of this State by providing an efficient system of high quality education.

Section 10. Reorganization committees.

(a) Within 60 days after the effective date of this Act, each educational service region shall create a committee for the reorganization of school districts consisting of not less than 7 public members and the regional superintendent of schools. Each regional superintendent shall call a meeting of the school boards of all non-unit school districts operating within the educational service region to serve on the reorganization committee. The members of the school boards attending the meeting shall elect by ballot the pubic members to serve on the reorganization committee. No more than one member may be elected from any non-unit school district of the educational service region unless there are less than 7 school districts in the region, but in no case shall there be more than 2 members elected from any school district. Each high school district shall have at least one representative on the reorganization committee. No person may be elected to serve on the reorganization committee who is a school board member, who is an employee of a school district or educational service region, or who is not a resident of the district he or she is elected to represent. When a vacancy occurs on the reorganization committee, the remaining members shall fill the vacancy by election of a person from the same school district in which the vacancy occurs. As soon as practicable after appointment, each reorganization committee shall meet and elect a secretary. The regional superintendent shall serve as chairperson of the committee and call the first meeting.

(b) If an educational service region does not contain any non-unit school districts, it is exempt from the provisions of this Act.

(c) Members of the reorganization committee shall serve without compensation, but shall be entitled to receive reimbursement for such necessary and proper expenses as may be incurred in the performance of their duties.

(d) No later than November 30, 2009, the chairperson of each reorganization committee shall submit to the State Committee created in this Act a plan for reorganization of appropriate school districts within the educational service region.

(e) Each reorganization committee, in formulating a reorganization plan, (1) shall comply with the procedures, standards, and guidelines established by the State Committee and shall, prior to commencing the actual formulation of the plan, hold public hearings within each school district subject to consideration by the committee and hear testimony from the district residents on whether it is in the best interest of residents and the educational welfare of the children that the district be reorganized; (2) shall use maximum educational opportunity as the primary criterion; (3) shall consider factors such as topography, economic conditions, population trends, social factors, and existing conditions of buildings and highway facilities; (4) shall consider the concerns and goals of the residents of the school districts affected by the plan, the educational needs of the local communities, the economies in transportation and administrative costs, the convenience and welfare of pupils, and the encouragement of parental participation in children's formal education in kindergarten through grade 12; (5) may provide that an area larger than a county or territory from more than one educational service region shall constitute a single school district, but nothing in this Act shall be construed as to require that this occur; (6) shall provide for the adjustment of property, assets, debts, and liabilities of those school districts that are to be divided or otherwise altered by this plan; (7) shall provide for an effective date of this plan; (8) shall set forth the maximum tax rates the proposed new district will be authorized to levy; and (9) shall provide for the election of school board members.

(f) After consideration of all of the other provision of this Act, the reorganization committee may, in the exercise of its discretion, provide in the reorganization plan that no reorganization of school districts is required. Any such finding by the reorganization committee adopted in its final reorganization plan shall be binding upon the State Committee.

(g) After a reorganization committee has prepared a reorganization plan, it shall fix dates and places for one or more hearings thereon within each school district affected by the plan. The chairperson of the reorganization committee shall file notice of hearing by publication in at least one newspaper of general circulation in the educational service region at least 10 days before the scheduled hearings and on the educational service region's Internet website.

(h) At the hearing, the reorganization committee shall explain the proposed reorganization plan and summarize the educational improvements its adoption will make possible. In the hearing, any resident of the educational service region or of any affected school district in an adjoining educational service region may be heard with reference to the proposed plan.

(i) The reorganization committee shall consider any suggestions made in the public hearing and shall make any revisions or modification as it deems necessary and shall thereupon adopt its final reorganization plan. Within 10 days after the adoption, the final plan shall be submitted to the State Committee.

Section 15. State Committee.

(a) The State Board of Education shall serve as the State Committee and shall have the following powers and duties in addition to those otherwise provided it in this Act:

(1) To develop a manual of procedures and minimum standards to be distributed to each educational service region.

(2) To provide each reorganization committee information concerning pupil enrollment, assessed valuation, and such additional information as may be necessary to ensure compliance with the minimum criteria established in this Act.

(3) To provide for cooperation between reorganization committees for the purpose of considering school districts with boundaries in 2 or more educational service regions.

(4) To receive and examine each plan for the reorganization of school districts submitted to it by the reorganization committees and to approve or reject the plan in whole or in part within 60 days after receipt of the plan and notify the reorganization committee concerned. When a plan is rejected in whole or in part, the State Committee shall make recommendation for changes.

(5) To present annual progress reports on the status of reorganization to the General Assembly and the Governor.

(6) To promulgate such rules as may be necessary to carry out the provisions of this Act.

(7) To promulgate rules for providing funds to regional superintendents of schools for expenses incurred under this Act as shall be provided by the General Assembly.

(8) To provide grants to those school districts that qualify for such reorganization financial assistance.

(b) If a reorganization plan is rejected in whole or in part by the State Committee, a revised plan shall be submitted by the educational service region within 45 days after receipt of the rejection. If the revised plan is not satisfactory, the State Committee may, in consultation with the educational service region, further revise the reorganization plan, in a manner consistent with the provisions of this Act.

Section 20. Approval of plan by voters.

(a) Upon notice of the final approval of a reorganization plan by the State Committee, the chairperson of the reorganization committee shall submit the plan by January 30, 2010, for submission to the voters of the territory that constitutes the proposed district at the April 2010 consolidated election.

(b) Upon certification of approval of a reorganization plan by a majority of voters in each of the affected districts voting on the issue, the plan shall be implemented in accordance with its provisions and become effective on July 1, 2011. The election of school board members for the new school district shall take place at the spring 2011 nonpartisan election. The educational service region reorganization committee shall then be dissolved.

(c) If a majority of voters in any of the affected districts voting on the issue fails to approve a reorganization plan, then, upon certification of the disapproval, the State Committee, in consultation with the educational service region, may amend the plan as near as possible to overcome objections to it and may resubmit the plan to the voters at the November 2010 election. If the revised reorganization plan is approved by the majority of voters in each of the affected districts voting on the issue, the plan shall be implemented in accordance with its provisions and become effective on July 1, 2011. Election of school board members shall take place at the spring federal primary election. Upon certification of approval by a majority of voters in each of the affected districts voting on the issue or upon certification of the disapproval of the resubmitted plan, the educational service region reorganization committee shall then be dissolved.

Section 25. Survey and report. Commencing on July 1, 2011, the State Board of Education shall assess the progress of reorganization made under this Act, conduct a survey of the need for additional reorganizations, and submit a report to the General Assembly and the Governor as to the progress made toward reorganization and the need for additional reorganization.

Section 99. Effective date. This Act takes effect upon becoming law.