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1 | AN ACT concerning education. | ||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||
3 | represented in the General Assembly: | ||||||||||||||||||||||||
4 | Section 5. The School Code is amended by changing Sections | ||||||||||||||||||||||||
5 | 34A-102, 34A-103, 34A-201, 34A-302, 34A-403, 34A-404, | ||||||||||||||||||||||||
6 | 34A-405.2, 34A-602, 34A-604, and 34A-606 as follows: | ||||||||||||||||||||||||
7 | (105 ILCS 5/34A-102) (from Ch. 122, par. 34A-102) | ||||||||||||||||||||||||
8 | Sec. 34A-102. Findings and purpose. | ||||||||||||||||||||||||
9 | (a) The General Assembly finds: | ||||||||||||||||||||||||
10 | (i) A fundamental goal of the people of the State, as | ||||||||||||||||||||||||
11 | expressed in Section 1 of Article X of the Illinois | ||||||||||||||||||||||||
12 | Constitution, is the educational development of all | ||||||||||||||||||||||||
13 | persons to the limits of their capacities. When a board of | ||||||||||||||||||||||||
14 | education faces financial difficulties, continued | ||||||||||||||||||||||||
15 | operation of the public school system is threatened. | ||||||||||||||||||||||||
16 | (ii) A sound financial structure is essential to the | ||||||||||||||||||||||||
17 | continued operation of any school system. It is vital to | ||||||||||||||||||||||||
18 | commercial, educational , and cultural interests that the | ||||||||||||||||||||||||
19 | public schools remain in operation. To achieve that goal, | ||||||||||||||||||||||||
20 | public school systems must have effective access to the | ||||||||||||||||||||||||
21 | private market to borrow short and long term funds. | ||||||||||||||||||||||||
22 | (iii) To promote the financial integrity of boards of | ||||||||||||||||||||||||
23 | education of cities having a population exceeding 500,000, |
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1 | it is necessary to provide for the creation of school | ||||||
2 | finance authorities with the powers necessary to promote | ||||||
3 | sound financial management and to assure the continued | ||||||
4 | operation of the public schools. | ||||||
5 | (b) It is the purpose of this Article to provide a secure | ||||||
6 | financial basis for the continued operation of the public | ||||||
7 | schools. In addition, it is the further purpose of this | ||||||
8 | Article to facilitate implementation of school reform in the | ||||||
9 | continued operation of the public schools in accordance with | ||||||
10 | the provisions of this amendatory Act of 1991 and in | ||||||
11 | accordance with the reinstatement of the Authority by this | ||||||
12 | amendatory Act of the 104th General Assembly . The intention of | ||||||
13 | the General Assembly, in enacting this legislation, is to | ||||||
14 | establish procedures, provide powers , and impose restrictions | ||||||
15 | to assure the financial and educational integrity of the | ||||||
16 | public schools while leaving principal responsibility for the | ||||||
17 | educational policies of the public schools to the boards of | ||||||
18 | education within the State, consistent with the requirements | ||||||
19 | for satisfying the public policy and purpose herein set forth. | ||||||
20 | (Source: P.A. 85-1418; 86-1477.) | ||||||
21 | (105 ILCS 5/34A-103) (from Ch. 122, par. 34A-103) | ||||||
22 | Sec. 34A-103. Definitions. As used in this Article: | ||||||
23 | (a) "Authority" means the "(Name of City) School Finance | ||||||
24 | Authority"; | ||||||
25 | (b) "Board" means any board of education to which this |
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1 | Article is applicable; | ||||||
2 | (c) "Budget" means the budget of the Board as defined in | ||||||
3 | Section 34-43 of this Act, as from time to time in effect; | ||||||
4 | (d) "Chairman" means the chairman of the Authority | ||||||
5 | appointed pursuant to paragraph (c) of Section 34A-301 of this | ||||||
6 | Article; | ||||||
7 | (e) "City" means the city wherein the school district of | ||||||
8 | such Board is located; | ||||||
9 | (f) "Financial Plan" means the financial plan of the Board | ||||||
10 | to be developed pursuant to Section 34A-403 of this Article, | ||||||
11 | as from time to time in effect; | ||||||
12 | (g) "Fiscal Year" means the fiscal year of the Board; | ||||||
13 | (h) "Governor" means the Governor of the State of | ||||||
14 | Illinois; | ||||||
15 | (i) "School year" means the school year of the Board; | ||||||
16 | (j) "Approved System-Wide Educational Reform Goals and | ||||||
17 | Objectives Plan" means the system-wide educational reform | ||||||
18 | goals and objectives plan that has been accepted and approved | ||||||
19 | by the Authority; | ||||||
20 | (k) "Investment Obligations" means any of the following | ||||||
21 | which at the time of investment are legal investments under | ||||||
22 | the laws of the State for the money proposed to be invested | ||||||
23 | therein: | ||||||
24 | (i) Direct obligations of, or obligations the | ||||||
25 | principal of and interest on which are unconditionally | ||||||
26 | guaranteed by, the United States of America; |
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1 | (ii) Bonds, debentures , or notes or other evidence of | ||||||
2 | indebtedness issued or guaranteed by any of the following | ||||||
3 | agencies: CoBank; Bank for Cooperatives; Federal | ||||||
4 | Intermediate Credit Banks; Federal Land Banks; Federal | ||||||
5 | Home Loan Banks; the Federal National Mortgage | ||||||
6 | Association; the United States Postal Service; the | ||||||
7 | Government National Mortgage Association; the Federal | ||||||
8 | Financing National Mortgage Association; the Federal | ||||||
9 | Financing Bank; or any other agency or instrumentality of | ||||||
10 | the United States of America now existing or hereafter | ||||||
11 | created; | ||||||
12 | (iii) New Housing Authority Bonds issued by public | ||||||
13 | agencies or municipalities and fully secured as to the | ||||||
14 | payment of both principal and interest by a pledge of | ||||||
15 | annual contributions under an Annual Contributions | ||||||
16 | Contract or Contracts with the United States of America, | ||||||
17 | or Project Notes issued by public agencies or | ||||||
18 | municipalities and fully secured as to the payment of both | ||||||
19 | principal and interest by a requisition or payment | ||||||
20 | agreement with the United States of America; | ||||||
21 | (iv) Direct and general obligations of, or obligations | ||||||
22 | guaranteed by, the State, to the payment of the principal | ||||||
23 | of and interest on which the full faith and credit of the | ||||||
24 | State is pledged; | ||||||
25 | (v) Negotiable or non-negotiable time deposits | ||||||
26 | evidenced by certificates of deposit issued by banks, |
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1 | trust companies or national banking associations (which | ||||||
2 | may include the trustee) which are members of the Federal | ||||||
3 | Deposit Insurance Corporation and savings and loan | ||||||
4 | associations which are members of the Federal Savings and | ||||||
5 | Loan Insurance Corporation, provided that such time | ||||||
6 | deposits in any such bank, trust company, national banking | ||||||
7 | association or savings and loan association are | ||||||
8 | continuously secured by obligations described in clause | ||||||
9 | clauses (i), (ii), (iii), or (iv) of this definition, | ||||||
10 | provided further that such obligations at all times have a | ||||||
11 | market value at least equal to the maturity value of the | ||||||
12 | deposits so secured, including accrued interest; and | ||||||
13 | (vi) Repurchase agreements with banks (which may | ||||||
14 | include the trustee) described in clause (v) of this | ||||||
15 | definition and government bond dealers reporting to, | ||||||
16 | trading with, and recognized as primary dealers by a | ||||||
17 | Federal Reserve Bank, the underlying securities of which | ||||||
18 | are obligations described in clause clauses (i) or (ii) of | ||||||
19 | this definition, provided that the underlying securities | ||||||
20 | are required to be continuously maintained at a market | ||||||
21 | value not less than the amount so invested; | ||||||
22 | (l) "Mayor" means the Mayor of the City; | ||||||
23 | (m) "Obligations" means bonds and notes of the Authority; | ||||||
24 | (n) "State" means the State of Illinois. | ||||||
25 | (Source: P.A. 85-1418; 86-1477.) |
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1 | (105 ILCS 5/34A-201) (from Ch. 122, par. 34A-201) | ||||||
2 | Sec. 34A-201. General powers. The purposes of the | ||||||
3 | Authority shall be to exercise financial control over the | ||||||
4 | Board, and to furnish financial assistance so that the Board | ||||||
5 | can provide public education within the Board's jurisdiction | ||||||
6 | while permitting the Board to meet its obligations to its | ||||||
7 | creditors and the holders of its notes and bonds. Except as | ||||||
8 | expressly limited by this Article, the Authority shall have | ||||||
9 | all powers necessary to meet its responsibilities and to carry | ||||||
10 | out its purposes and the purposes of this Article, including, | ||||||
11 | but not limited to, the following powers: | ||||||
12 | (a) to sue and be sued; | ||||||
13 | (b) to provide for its organization and internal | ||||||
14 | management and, subject to agreements with or for the | ||||||
15 | benefit of holders of its Obligations, to make rules and | ||||||
16 | regulations governing the use of its property and | ||||||
17 | facilities; | ||||||
18 | (c) to make and execute contracts, leases, subleases , | ||||||
19 | and all other instruments or agreements necessary or | ||||||
20 | convenient for the exercise of the powers and functions | ||||||
21 | granted by this Article; | ||||||
22 | (d) to purchase real or personal property necessary or | ||||||
23 | convenient for its purposes; to execute and deliver deeds | ||||||
24 | for real property held in its own name; to mortgage, | ||||||
25 | pledge , or otherwise grant security interests in such | ||||||
26 | properties; and to sell, lease, or otherwise dispose of |
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1 | such of its property as, in the judgment of the Authority, | ||||||
2 | is no longer necessary for its purposes; | ||||||
3 | (e) to appoint officers, agents, and employees of the | ||||||
4 | Authority, define their duties and qualifications , and fix | ||||||
5 | their compensation and employee benefits; | ||||||
6 | (f) to lend or otherwise transfer to the Board such | ||||||
7 | sums of money as are not required for other purposes; | ||||||
8 | (g) to borrow money and to issue Obligations pursuant | ||||||
9 | to this Article, to fund, refund , or advance refund the | ||||||
10 | same, to provide for the rights of the holders of its | ||||||
11 | Obligations, and to repay any advances; | ||||||
12 | (h) subject to the provisions of any contract with or | ||||||
13 | for the benefit of the holders of its Obligations, to | ||||||
14 | purchase or redeem its Obligations or to purchase the | ||||||
15 | notes, bonds , or obligations of the Board or the notes, | ||||||
16 | bonds , or obligations of the City; | ||||||
17 | (i) to procure insurance against any loss in such | ||||||
18 | amounts and from such insurers as it deems desirable; | ||||||
19 | (j) to engage the services of consultants for | ||||||
20 | rendering professional and technical assistance and advice | ||||||
21 | on matters within the Authority's power; | ||||||
22 | (k) to contract for and to accept any gifts, grants , | ||||||
23 | or loans of funds or property or financial or other aid in | ||||||
24 | any form from the federal government, the State state | ||||||
25 | government, a unit of local government, a school district , | ||||||
26 | or any agency or instrumentality thereof, or from any |
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1 | other private or public source, and to comply with the | ||||||
2 | terms and conditions thereof; | ||||||
3 | (l) as security for the payment of the principal of | ||||||
4 | and interest on its Obligations and for the performance of | ||||||
5 | any agreements made in connection therewith, to grant a | ||||||
6 | security interest or lien upon all or any part of its | ||||||
7 | property or revenues; | ||||||
8 | (m) to pay the expenses of its operations; and | ||||||
9 | (n) to do any and all things necessary or convenient | ||||||
10 | to carry out its purposes and exercise the powers given to | ||||||
11 | the Authority by this Article. | ||||||
12 | The powers granted to the Authority under this Section | ||||||
13 | that were passed to and vested in the Board upon the | ||||||
14 | Authority's abolition before the effective date of this | ||||||
15 | amendatory Act of the 104th General Assembly shall be | ||||||
16 | reinstated to the Authority on the effective date of this | ||||||
17 | amendatory Act of the 104th General Assembly, and the Board | ||||||
18 | shall not have any of the powers set forth in this Section. | ||||||
19 | (Source: P.A. 81-1221 .) | ||||||
20 | (105 ILCS 5/34A-302) (from Ch. 122, par. 34A-302) | ||||||
21 | Sec. 34A-302. Terms, vacancies , and removal. This Section | ||||||
22 | applies to the Authority reinstated by this amendatory Act of | ||||||
23 | the 104th General Assembly. Of the initial Directors appointed | ||||||
24 | by the Governor, with the approval of the Mayor, one each shall | ||||||
25 | be selected for terms expiring on January 31, 2027 1981 and |
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1 | January 31, 2028 1982 . Of the initial Directors appointed by | ||||||
2 | the Mayor with the approval of the Governor, one each shall be | ||||||
3 | selected for terms expiring on January 31, 2027 1981 and | ||||||
4 | January 31, 2028 1982 . The initial Chairman shall be selected | ||||||
5 | for a term expiring on January 31, 2029 1983 . Thereafter, each | ||||||
6 | Director shall hold office for a term of 3 years, and until his | ||||||
7 | successor has been appointed as provided in Section 34A-301. | ||||||
8 | Any vacancy which shall arise, shall be filled as provided in | ||||||
9 | Section 34A-301. Any Director appointed to fill a vacancy | ||||||
10 | shall serve until the expiration of his predecessor's term, | ||||||
11 | and until his successor has been appointed as provided in | ||||||
12 | Section 34A-301. A vacancy shall occur upon resignation, | ||||||
13 | death, conviction of a felony, or removal from office of a | ||||||
14 | Director. Directors shall be eligible for reappointment. Any | ||||||
15 | Director may be removed for incompetence, malfeasance , or | ||||||
16 | neglect of duty, at the instance of the occupant of the office | ||||||
17 | entitled to appoint that Director, or in the case of the | ||||||
18 | Chairman at the instance of the occupant of each office so | ||||||
19 | entitled. | ||||||
20 | (Source: P.A. 81-1221.) | ||||||
21 | (105 ILCS 5/34A-403) (from Ch. 122, par. 34A-403) | ||||||
22 | Sec. 34A-403. Financial Plans. The Board shall develop, | ||||||
23 | adopt , and submit to the Authority on or before March 1, 2027 | ||||||
24 | 1980 , for approval by the Authority, an initial Financial Plan | ||||||
25 | with respect to the remaining portion of the Fiscal Year |
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1 | ending in 2027 1980 and for the 2 two succeeding Fiscal Years. | ||||||
2 | The Board shall develop and adopt subsequent Financial Plans | ||||||
3 | in accordance with this Section. Beginning with the Fiscal | ||||||
4 | Year beginning in 2030 1993 , and every second year thereafter, | ||||||
5 | the Board shall adopt a Financial Plan covering a period of 2 | ||||||
6 | fiscal years. After adoption by the Board, the Board shall | ||||||
7 | submit each plan to the Authority for its approval not later | ||||||
8 | than 30 days prior to the commencement of the first Fiscal Year | ||||||
9 | to which the Financial Plan relates , except that the Financial | ||||||
10 | Plan to be developed for the Fiscal Years beginning in 1993 and | ||||||
11 | 1994 shall be submitted to the Authority within 90 days of the | ||||||
12 | effective date of this amendatory Act of 1993 . The Authority | ||||||
13 | shall approve or reject the Financial Plan within 15 days of | ||||||
14 | its receipt of the Financial Plan from the Board. No Financial | ||||||
15 | Plan shall have force or effect without approval of the | ||||||
16 | Authority. Each Financial Plan shall be developed, submitted, | ||||||
17 | approved , and monitored in accordance with the following | ||||||
18 | procedures: | ||||||
19 | (a) The Board shall determine and submit to the | ||||||
20 | Authority, at a time and in a manner prescribed by the | ||||||
21 | Authority, estimates of revenues available to the Board | ||||||
22 | during the period for which the Financial Plan is to be in | ||||||
23 | effect. The Authority shall approve, reject , or amend the | ||||||
24 | revenue estimates. If In the event the Board fails, for | ||||||
25 | any reason, to submit to the Authority estimates of | ||||||
26 | revenue as required by this paragraph, the Authority may |
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1 | prepare such estimates. The Financial Plan submitted by | ||||||
2 | the Board shall be based upon revenue estimates approved | ||||||
3 | or prepared by the Authority. As soon as practicable | ||||||
4 | following the establishment of the Authority, the | ||||||
5 | President of the Board shall, at the request of the | ||||||
6 | Chairman of the Authority, make available to the Chairman | ||||||
7 | of the Authority copies of the audited financial | ||||||
8 | statements and of the books and records of account of the | ||||||
9 | Board for the preceding 5 fiscal years of the Board. | ||||||
10 | (b) Each Financial Plan for each Fiscal Year or part | ||||||
11 | thereof to which it relates, shall contain (i) a | ||||||
12 | description of revenues and expenditures, provision for | ||||||
13 | debt service, cash resources and uses, and capital | ||||||
14 | improvements, each in such manner and detail as the | ||||||
15 | Authority shall prescribe, (ii) a description of the means | ||||||
16 | by which the Budget will be brought into balance in | ||||||
17 | accordance with Section 34A-402 of this Article, and (iii) | ||||||
18 | such other matters that the Authority, in its discretion, | ||||||
19 | requires. The initial Financial Plan shall also include a | ||||||
20 | description of the means by which any outstanding | ||||||
21 | short-term indebtedness shall be paid or refunded by the | ||||||
22 | Board. The Authority may prescribe any reasonable time, | ||||||
23 | standards, procedures , or forms consistent with this | ||||||
24 | Section for preparation and submission of the Financial | ||||||
25 | Plan. | ||||||
26 | (c) The Authority shall approve the initial and each |
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1 | subsequent Financial Plan if, in its judgment, the plan is | ||||||
2 | complete, is reasonably capable of being achieved, and | ||||||
3 | meets the requirement set forth in Section 34A-402 of this | ||||||
4 | Article. Otherwise, the Authority shall reject the | ||||||
5 | Financial Plan. If the Financial Plan is rejected In the | ||||||
6 | event of rejection , the Authority may prescribe a | ||||||
7 | procedure and standards for revision of the Financial Plan | ||||||
8 | by the Board. | ||||||
9 | (d) The Board shall report to the Authority, at such | ||||||
10 | times and in such manner as the Authority may direct, | ||||||
11 | concerning the Board's compliance with each Financial | ||||||
12 | Plan. The Authority may review the Board's operations, | ||||||
13 | obtain budgetary data and financial statements, require | ||||||
14 | the Board to produce reports, and have access to any other | ||||||
15 | information in the possession of the Board that it deems | ||||||
16 | relevant. The Authority may issue recommendations or | ||||||
17 | directives within its powers to the Board to assure | ||||||
18 | compliance with the Financial Plan. The Board shall | ||||||
19 | produce such budgetary data, financial statements, | ||||||
20 | reports , and other information and comply with such | ||||||
21 | directives. | ||||||
22 | (e) After approval of each Financial Plan, the Board | ||||||
23 | shall regularly reexamine the revenue and expenditure | ||||||
24 | estimates on which it was based and revise them as | ||||||
25 | necessary. The Board shall promptly notify the Authority | ||||||
26 | of any material change in the revenue or expenditure |
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1 | estimates in the Financial Plan. The Board may submit to | ||||||
2 | the Authority, or the Authority may require the Board to | ||||||
3 | submit, modified Financial Plans based upon revised | ||||||
4 | revenue or expenditure estimates or for any other good | ||||||
5 | reason. The Authority shall approve or reject each | ||||||
6 | modified Financial Plan pursuant to paragraph (c) of this | ||||||
7 | Section. | ||||||
8 | (Source: P.A. 88-511.) | ||||||
9 | (105 ILCS 5/34A-404) (from Ch. 122, par. 34A-404) | ||||||
10 | Sec. 34A-404. Budgets. The Board shall develop and adopt | ||||||
11 | and submit to the Authority on or before February 1, 2027 1980 , | ||||||
12 | for approval by the Authority, a revised Budget for the | ||||||
13 | remaining portion of the Fiscal Year ending in 2027 1980 and, | ||||||
14 | thereafter, an annual Budget for each Fiscal Year. After | ||||||
15 | adoption by the Board, the Board shall submit each Budget to | ||||||
16 | the Authority for its approval not later than 30 days prior to | ||||||
17 | the commencement of the Fiscal Year to which the Budget | ||||||
18 | relates. The Authority shall approve or reject the Budget | ||||||
19 | within 15 days of its receipt from the Board. No Budget shall | ||||||
20 | have force or effect without approval of the Authority. Each | ||||||
21 | Budget shall be developed, submitted, approved , and monitored | ||||||
22 | in accordance with the following procedures: | ||||||
23 | (a) Each Budget submitted by the Board shall be based | ||||||
24 | upon revenue estimates approved or prepared by the | ||||||
25 | Authority, as provided in paragraph (a) of Section 34A-403 |
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1 | of this Article. | ||||||
2 | (b) Each Budget shall contain such information and | ||||||
3 | detail as may be prescribed by the Authority. The | ||||||
4 | Authority may also prescribe any reasonable time, | ||||||
5 | standards, procedures or forms for preparation and | ||||||
6 | submission of the Budget. Any deficit for the Fiscal Year | ||||||
7 | ending in 2028 1981 and for any Fiscal Year thereafter | ||||||
8 | shall be included as a current expense item for the | ||||||
9 | succeeding Fiscal Year. | ||||||
10 | (c)(1) The Authority shall approve each Budget if, in | ||||||
11 | its judgment, the Budget is complete, is reasonably | ||||||
12 | capable of being achieved, will meet the requirement set | ||||||
13 | forth in Section 34A-402 of this Article, and will be | ||||||
14 | consistent with the Financial Plan in effect. Otherwise, | ||||||
15 | the Authority shall reject the Budget. In the event of | ||||||
16 | rejection, the Authority may prescribe a procedure and | ||||||
17 | standards for revision of the Budget by the Board. | ||||||
18 | (2) For any Fiscal Year, the Authority may approve a | ||||||
19 | provisional budget that, in its judgment, will satisfy the | ||||||
20 | standards of subdivision (c)(1) of this Section if, | ||||||
21 | notwithstanding the provisions of the Illinois Educational | ||||||
22 | Labor Relations Act or any other law to the contrary, the | ||||||
23 | amount appropriated therein for all spending for | ||||||
24 | operations shall not at any time, on an annualized basis, | ||||||
25 | exceed an Expenditure Limitation established by the | ||||||
26 | Authority. The Authority may establish and enforce, |
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1 | including by exercise of its powers under Section | ||||||
2 | 34A-409(b), such monitoring and control measures as it | ||||||
3 | deems necessary to assure that the commitments, | ||||||
4 | obligations, expenditures, and cash disbursements of the | ||||||
5 | Board continue to conform on an ongoing basis with any | ||||||
6 | Expenditure Limitation. No commitment, contract, or other | ||||||
7 | obligation of the Board in excess of the Expenditure | ||||||
8 | Limitation shall be legally binding, and any member of the | ||||||
9 | Board or any local school council, or officer, employee or | ||||||
10 | agent thereof, who violates the provisions of this Section | ||||||
11 | shall be subject to the provisions of Sections 34-52 and | ||||||
12 | 34A-608. An Expenditure Limitation established by the | ||||||
13 | Authority shall remain in effect for that Fiscal Year or | ||||||
14 | until revoked by the Authority. | ||||||
15 | (d) The Board shall report to the Authority at such | ||||||
16 | times and in such manner as the Authority may direct, | ||||||
17 | concerning the Board's compliance with each Budget. The | ||||||
18 | Authority may review the Board's operations, obtain | ||||||
19 | budgetary data and financial statements, require the Board | ||||||
20 | to produce reports, and have access to any other | ||||||
21 | information in the possession of the Board that the | ||||||
22 | Authority deems relevant. The Authority may issue | ||||||
23 | recommendations or directives within its powers to the | ||||||
24 | Board to assure compliance with the Budget. The Board | ||||||
25 | shall produce such budgetary data, financial statements, | ||||||
26 | reports and other information and comply with such |
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1 | directives. | ||||||
2 | (e) After approval of each Budget, the Board shall | ||||||
3 | promptly notify the Authority of any material change in | ||||||
4 | the revenue or expenditure estimates in the Budget. The | ||||||
5 | Board may submit to the Authority, or the Authority may | ||||||
6 | require the Board to submit, a supplemental Budget. The | ||||||
7 | Authority shall approve or reject each supplemental Budget | ||||||
8 | pursuant to paragraph (c) of this Section. | ||||||
9 | (Source: P.A. 100-201, eff. 8-18-17.) | ||||||
10 | (105 ILCS 5/34A-405.2) | ||||||
11 | Sec. 34A-405.2. Staffing levels. | ||||||
12 | (a) No hiring or appointment of any person in any position | ||||||
13 | by the Board, the general superintendent, any other officer or | ||||||
14 | employee of the Board, or any local school council shall be | ||||||
15 | made or entered into unless it is consistent with the | ||||||
16 | Financial Plan and Budget in effect and the staffing plan | ||||||
17 | approved by the Authority under this Section. The hiring or | ||||||
18 | appointment of any person shall not be binding on the Board | ||||||
19 | unless and until it is in compliance with this Section. | ||||||
20 | (b) The Board shall submit to the Authority for approval | ||||||
21 | by the Authority a staffing plan for the upcoming school year | ||||||
22 | at the same time as the submission of the Budget, except that | ||||||
23 | the staffing plan for the fiscal year ending in 2027 1994 shall | ||||||
24 | be submitted to the Authority within 90 days after the | ||||||
25 | effective date of this amendatory Act of the 104th General |
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1 | Assembly of 1993 . The staffing plan shall be accompanied by a | ||||||
2 | cost analysis and such other information as the Authority may | ||||||
3 | require. The Authority may adopt, and from time to time amend, | ||||||
4 | rules regulations to implement this Section and may prescribe | ||||||
5 | standards, procedures, and forms for submission of the | ||||||
6 | staffing plan. | ||||||
7 | (c) The Authority shall approve the staffing plan if, in | ||||||
8 | its judgment, the information required to be submitted is | ||||||
9 | complete and the staffing plan is consistent with the Budget | ||||||
10 | and Financial Plan in effect. Otherwise, the Authority shall | ||||||
11 | reject the staffing plan; in the event of rejection, the | ||||||
12 | Authority shall prescribe a procedure and standards for | ||||||
13 | revision of the staffing plan. The Authority shall act on the | ||||||
14 | staffing plan at the same time as the approval of the Budget, | ||||||
15 | except that the staffing plan for the fiscal year ending in | ||||||
16 | 1994 shall be acted upon at the same time as approval of the | ||||||
17 | Financial Plan for that fiscal year. | ||||||
18 | (d) The Board shall report to the Authority, at such times | ||||||
19 | and in such manner as the Authority may direct, concerning the | ||||||
20 | Board's compliance with each staffing plan. The Authority may | ||||||
21 | review the Board's operations, obtaining budgetary data and | ||||||
22 | financial statements, may require the Board to produce | ||||||
23 | reports, and shall have access to any other information in the | ||||||
24 | possession of the Board that it deems relevant. The Authority | ||||||
25 | may issue recommendations or directives within its powers to | ||||||
26 | the Board to assure compliance with the staffing plan. The |
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1 | Board shall produce such budgetary data, financial statements, | ||||||
2 | reports, and other information and shall comply with such | ||||||
3 | directives. | ||||||
4 | (e) After approval of each staffing plan, the Board shall | ||||||
5 | regularly reexamine the estimates on which it was based and | ||||||
6 | revise them as necessary. The Board shall promptly notify the | ||||||
7 | Authority of any material change in the estimates in the | ||||||
8 | staffing plan. The Board may submit to the Authority, or the | ||||||
9 | Authority may require the Board to submit, modifications to | ||||||
10 | the staffing plan based upon revised revenue or expenditure | ||||||
11 | estimates or for any other good reason. The Authority shall | ||||||
12 | approve or reject each modified staffing plan pursuant to | ||||||
13 | subsection (c) of this Section. | ||||||
14 | (Source: P.A. 88-511.) | ||||||
15 | (105 ILCS 5/34A-602) (from Ch. 122, par. 34A-602) | ||||||
16 | Sec. 34A-602. Indemnification. Limitations of actions | ||||||
17 | after abolition; indemnification. | ||||||
18 | (a) (Blank). Abolition of the Authority pursuant to | ||||||
19 | Section 34A-605 shall bar any remedy available against the | ||||||
20 | Authority, its Directors, employees, or agents, for any right | ||||||
21 | or claim existing, or any liability incurred, prior to such | ||||||
22 | abolition unless the action or other proceeding thereon is | ||||||
23 | commenced prior to the expiration of 2 years after the date of | ||||||
24 | such abolition. | ||||||
25 | (b) The Authority may indemnify any Director, officer, |
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1 | employee, or agent who was or is a party , or is threatened to | ||||||
2 | be made a party to any threatened, pending , or completed | ||||||
3 | action, suit , or proceeding, whether civil, criminal, | ||||||
4 | administrative , or investigative , by reason of the fact that | ||||||
5 | the person he was a Director, officer, employee , or agent of | ||||||
6 | the Authority, against expenses (including attorney's | ||||||
7 | attorneys' fees), judgments, fines , and amounts paid in | ||||||
8 | settlement actually and reasonably incurred by the Director, | ||||||
9 | officer, employee, or agent him in connection with such | ||||||
10 | action, suit , or proceeding , if the Director, officer, | ||||||
11 | employee, or agent he acted in good faith and in a manner the | ||||||
12 | Director, officer, employee, or agent he reasonably believed | ||||||
13 | to be in , or not opposed to the best interests of the Authority | ||||||
14 | and, with respect to any criminal action or proceeding, had no | ||||||
15 | reasonable cause to believe the Director's, officer's, | ||||||
16 | employee's, or agent's his conduct was unlawful. The | ||||||
17 | termination of any action, suit , or proceeding by judgment, | ||||||
18 | order, settlement, conviction, or upon a plea of nolo | ||||||
19 | contendere or its equivalent, shall not, of itself, create a | ||||||
20 | presumption that the person did not act in good faith in a | ||||||
21 | manner which the person he reasonably believed to be in or not | ||||||
22 | opposed to the best interest of the Authority, and, with | ||||||
23 | respect to any criminal action or proceeding, had reasonable | ||||||
24 | cause to believe that the person's his conduct was unlawful. | ||||||
25 | To the extent that a Director, officer, employee , or agent | ||||||
26 | of the Authority has been successful, on the merits or |
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1 | otherwise, in the defense of any such action, suit , or | ||||||
2 | proceeding referred to in this subsection or in defense of any | ||||||
3 | claim, issue , or matter therein, the Director, officer, | ||||||
4 | employee, or agent he shall be indemnified against expenses | ||||||
5 | (including attorney's fees) actually and reasonably incurred | ||||||
6 | by the Director, officer, employee, or agent him in connection | ||||||
7 | therewith. Any such indemnification shall be made by the | ||||||
8 | Authority only as authorized in the specific case, upon a | ||||||
9 | determination that indemnification of the Director, officer, | ||||||
10 | employee , or agent is proper in the circumstances because the | ||||||
11 | Director, officer, employee, or agent he has met the | ||||||
12 | applicable standard of conduct. Such determination shall be | ||||||
13 | made: (1) by the Board of Directors by a majority vote of a | ||||||
14 | quorum consisting of Directors who are not parties to such | ||||||
15 | action, suit , or proceeding ; , or (2) if such a quorum is not | ||||||
16 | obtainable, or, even if obtainable, a quorum of disinterested | ||||||
17 | Directors so directs, by independent legal counsel in a | ||||||
18 | written opinion. | ||||||
19 | Reasonable expenses incurred in defending an action, suit , | ||||||
20 | or proceeding shall be paid by the Authority in advance of the | ||||||
21 | final disposition of such action, suit , or proceeding, as | ||||||
22 | authorized by the Board of Directors in the specific case, | ||||||
23 | upon receipt of an undertaking by or on behalf of the Director, | ||||||
24 | officer, employee , or agent to repay such amount, unless it | ||||||
25 | shall ultimately be determined that the Director, officer, | ||||||
26 | employee, or agent he is entitled to be indemnified by the |
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1 | Authority as authorized in this Section. | ||||||
2 | Any Director, officer, employee , or agent against whom any | ||||||
3 | action, suit , or proceeding is brought may employ the | ||||||
4 | Director's, officer's, employee's, or agent's his or her own | ||||||
5 | attorney to appear on the Director's, officer's, employee's, | ||||||
6 | or agent's his or her behalf. | ||||||
7 | The right to indemnification accorded by this Section | ||||||
8 | shall not limit any other right to indemnification to which | ||||||
9 | the Director, officer, employee , or agent may be entitled. Any | ||||||
10 | rights hereunder shall inure to the benefit of the heirs, | ||||||
11 | executors , and administrators of any Director, officer, | ||||||
12 | employee , or agent of the Authority. | ||||||
13 | The Authority may purchase and maintain insurance on | ||||||
14 | behalf of any person who is or was a Director, officer, | ||||||
15 | employee , or agent of the Authority against any liability | ||||||
16 | asserted against the Director, officer, employee, or agent him | ||||||
17 | and incurred by the Director, officer, employee, or agent him | ||||||
18 | in any such capacity, or arising out of the Director's, | ||||||
19 | officer's, employee's, or agent's his status as such, whether | ||||||
20 | or not the Authority would have the power to indemnify the | ||||||
21 | Director, officer, employee, or agent him against such | ||||||
22 | liability under the provisions of this Section. | ||||||
23 | (Source: P.A. 82-97.) | ||||||
24 | (105 ILCS 5/34A-604) (from Ch. 122, par. 34A-604) | ||||||
25 | Sec. 34A-604. Reinstatement Abolition of Authority ; Board |
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1 | powers, duties, rights, and property . The Authority shall be | ||||||
2 | reinstated on the effective date of this amendatory Act of the | ||||||
3 | 104th General Assembly. All powers and duties granted to the | ||||||
4 | Authority under this Article shall also be reinstated. Any | ||||||
5 | rights and property that were passed to and vested in the Board | ||||||
6 | upon the abolition of the original Authority established by | ||||||
7 | this Article or that were granted to the Board under this | ||||||
8 | Article after the abolition of the original Authority shall be | ||||||
9 | reinstated to the Authority on the effective date of this | ||||||
10 | amendatory Act of the 104th General Assembly. The Board shall | ||||||
11 | not have any powers, duties, rights, or property granted to | ||||||
12 | the Authority under this Article. Any powers, duties, rights, | ||||||
13 | or property granted to the Board under this Article prior to | ||||||
14 | the abolition of the original Authority or after the | ||||||
15 | reinstatement of the Authority under this amendatory Act of | ||||||
16 | the 104th General Assembly shall remain vested in the Board. | ||||||
17 | abolished one year after all its Obligations have been fully | ||||||
18 | paid and discharged or otherwise provided for. Upon the | ||||||
19 | abolition of the Authority, all of its rights and property | ||||||
20 | shall pass to and be vested in the Board. | ||||||
21 | (Source: P.A. 96-705, eff. 1-1-10.) | ||||||
22 | (105 ILCS 5/34A-606) (from Ch. 122, par. 34A-606) | ||||||
23 | Sec. 34A-606. Reports. | ||||||
24 | (a) The Directors, upon taking office and annually | ||||||
25 | thereafter, shall prepare and submit to the Governor, Mayor, |
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1 | General Assembly, and City Council a report which shall | ||||||
2 | include the audited financial statement for the preceding | ||||||
3 | Fiscal Year of the Board, an approved Financial Plan or a | ||||||
4 | statement of reasons for the failure to adopt such a Financial | ||||||
5 | Plan, a statement of the major steps necessary to accomplish | ||||||
6 | the objectives of the Financial Plan, and a request for any | ||||||
7 | legislation necessary to achieve the objectives of the | ||||||
8 | Financial Plan. | ||||||
9 | (b) Annual reports shall be submitted on or before May 1 of | ||||||
10 | each year. | ||||||
11 | (c) The requirement for reporting to the General Assembly | ||||||
12 | shall be satisfied by filing copies of the report with the | ||||||
13 | Board, the Governor, the Mayor , and as required by Section 3.1 | ||||||
14 | of the General Assembly Organization Act, and filing such | ||||||
15 | additional copies with the State Government Report | ||||||
16 | Distribution Center for the General Assembly as is required | ||||||
17 | under paragraph (t) of Section 7 of the State Library Act. | ||||||
18 | (d) Each annual report required to be submitted through | ||||||
19 | May 1, 1995, shall also include: (i) a description of the | ||||||
20 | activities of the Authority; (ii) an analysis of the | ||||||
21 | educational performance of the Board for the preceding school | ||||||
22 | year; (iii) an Approved System-Wide Educational Reform Goals | ||||||
23 | and Objectives Plan or a statement of reasons for the failure | ||||||
24 | to adopt such an Approved System-Wide Educational Reform Goals | ||||||
25 | and Objectives Plan; (iv) a statement of the major steps | ||||||
26 | necessary to accomplish the goals of the Approved System-Wide |
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1 | Educational Reform Goals and Objectives Plan; (v) a commentary | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | with respect to those Board policies and rules and those | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | provisions of this The School Code and collective bargaining | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | agreements between the Board and its employees which, in the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | opinion of the Authority, are obstacles and a hindrance to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | fulfillment of any Approved System-Wide Educational Reform | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Goals and Objectives Plan; and (vi) a request for any | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | legislative action necessary to achieve the goals of the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | Approved System-Wide Educational Reform Goals and Objectives | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | Plan. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | (Source: P.A. 100-1148, eff. 12-10-18.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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