HB5352 102ND GENERAL ASSEMBLY

LRB102 22588 CMG 31730 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5352

Introduced 1/31/2022, by Rep. Blaine Wilhour

SYNOPSIS AS INTRODUCED:

105 ILCS 5/11E-140 new

Creates the Efficient School District Commission. Provides for the membership and support of the Commission. Requires the Commission to make recommendations to the Governor, the General Assembly, and the electorate on the number of school districts in this State and where reorganization and realignment of school districts into unit districts would be beneficial. Sets forth what areas the recommendations must focus on, including drafting recommendations to reduce the statewide total number of school districts through the reorganization of school districts into unit districts. Provides that, on or before May 1, 2024, the Commission must vote on its recommendations and file a report with the Governor and the General Assembly. Provides that if the Commission adopts the recommendations by an affirmative vote of at least 13 of its members, then the Commission's specific recommendations for reorganization of school districts into unit districts shall be filed with the appropriate regional superintendent of schools. Sets forth the regional superintendent's and State Superintendent of Education's duties with respect to the recommendations. Repeals these provisions on January 31, 2025. Effective immediately.

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. This Act may be referred to as the Classrooms First Act.

Section 5. The School Code is amended by adding Section 11E-140 as follows:

(105 ILCS 5/11E-140 new)

Sec. 11E-140. Efficient School District Commission.

(a) The Efficient School District Commission is created. The purpose of the Commission is to provide recommendations to the Governor, the General Assembly, and the electorate regarding the number of school districts in this State and where the reorganization and realignment of school districts into unit districts would be beneficial. The Commission shall consist of all of the following voting members:

(1) One member appointed by the Governor, who shall serve as the chairperson.

(2) One member appointed by the State Board of Education.

(3) One member appointed by the Speaker of the House of Representatives.

(4) One member appointed by the Minority Leader of the House of Representatives.

(5) One member appointed by the President of the Senate.

(6) One member appointed by the Minority Leader of the Senate.

(7) A representative appointed by the head of the largest statewide professional teachers' organization, as measured by the number of members reported in its most recent federal Form LM-2 Labor Organization Annual Report.

(8) A representative appointed by the head of the second largest statewide professional teachers' organization, as measured by the number of members reported in its most recent federal Form LM-2 Labor Organization Annual Report.

(9) A representative appointed by the head of an organization that represents school boards, selected by the State Superintendent of Education.

(10) A representative appointed by the head of a statewide organization that represents school principals, selected by the State Superintendent of Education.

(11) A parent of a child enrolled in or a teacher or an administrator employed by a school located in the West Cook region of the State Board of Education's Statewide System of Support Fiscal Agents (Region 1-B-B), appointed by the Governor.

(12) A parent of a child enrolled in or a teacher or an administrator employed by a school located in the South Cook region of the State Board of Education's Statewide System of Support Fiscal Agents (Region 1-B-C), appointed by the Governor.

(13) A parent of a child enrolled in or a teacher or an administrator employed by a school located in the North Cook region of the State Board of Education's Statewide System of Support Fiscal Agents (Region 1-B-D), appointed by the Governor.

(14) A parent of a child enrolled in or a teacher or an administrator employed by a school located in the Northeast region of the State Board of Education's Statewide System of Support Fiscal Agents (Area 1-C), appointed by the Governor.

(15) A parent of a child enrolled in or a teacher or an administrator employed by a school located in the Northwest region of the State Board of Education's Statewide System of Support Fiscal Agents (Area 2), appointed by the Governor.

(16) A parent of a child enrolled in or a teacher or an administrator employed by a school located in the West Central region of the State Board of Education's Statewide System of Support Fiscal Agents (Area 3), appointed by the Governor.

(17) A parent of a child enrolled in or a teacher or an administrator employed by a school located in the East Central region of the State Board of Education's Statewide System of Support Fiscal Agents (Area 4), appointed by the Governor.

(18) A parent of a child enrolled in or a teacher or an administrator employed by a school located in the Southwest region of the State Board of Education's Statewide System of Support Fiscal Agents (Area 5), appointed by the Governor.

(19) A parent of a child enrolled in or a teacher or an administrator employed by a school located in the Southeast region of the State Board of Education's Statewide System of Support Fiscal Agents (Area 6), appointed by the Governor.

(20) A representative appointed by the head of an association that represents school business officials, selected by the State Superintendent of Education.

(21) A representative appointed by the head of an association that represents school administrators, selected by the State Superintendent of Education.

(22) A representative appointed by the head of an association that represents administrators of special education, selected by the State Superintendent of Education.

(23) A representative appointed by the head of a statewide parent organization, selected by the State Superintendent of Education.

(24) A representative appointed by the head of an organization that represents high school districts, selected by the State Superintendent of Education.

(25) A representative appointed by the head of an association that represents regional superintendents of schools, selected by the State Superintendent of Education.

Members shall serve without compensation, but shall be reimbursed for their reasonable and necessary expenses from funds appropriated for that purpose. Members shall be reimbursed for their travel expenses from appropriations to the State Board of Education made available for that purpose and subject to the rules of the appropriate travel control board.

The Commission shall meet at the call of the chairperson, with the initial meeting to occur within 90 days after the effective date of this amendatory Act of the 102nd General Assembly. The Commission shall hold public hearings throughout the State with at least one public hearing in each of the 9 regions of the State Board of Education's Statewide System of Support Fiscal Agents that do not include the Chicago region (Region 1-A).

The State Board shall provide administrative assistance and necessary staff support services to the Commission.

(b) The Efficient School District Commission's recommendations must take into consideration the school needs and conditions in the affected districts and the surrounding area, the division of funds and assets that will result from the action described in the petition, the best interests of the schools in the area, and the best interests and the educational welfare of pupils residing in the area and must focus on all of the following areas:

(1) Reducing the money spent on the duplication of efforts.

(2) Improving the education of students by having fewer obstacles between qualified teachers and their students.

(3) Lowering the property tax burden.

(4) Providing recommendations on what the net cost savings of realignment is to this State.

(5) With a view toward reducing unnecessary administrative costs, improving the education of students, and lowering the property tax burden, drafting specific recommendations to reduce the statewide total number of school districts through the reorganization of school districts into unit districts under Section 11E-25. Each recommendation under this paragraph (5) must include all of the following:

(A) A request to submit a proposition at the next general election for the purpose of voting for or against the establishment of a combined unit district.

(B) A description of the territory comprising the districts proposed to be dissolved and those to be created into unit districts, which, for an entire district, may be a general reference to all of the territory included within that district.

(C) A specification of the maximum tax rates the proposed unit district or districts are authorized to levy for various purposes and, if applicable, the specifications related to the Property Tax Extension Limitation Law, in accordance with Section 11E-80.

The Commission may not make any recommendations under this subsection that would provide for the consolidation of individual schools or that would result in the consolidation of current unit districts.

(c) On or before May 1, 2024, the Efficient School District Commission must vote on its recommendations and file a report with the Governor and the General Assembly. If the Commission adopts the report recommendations by an affirmative vote of at least 13 of its members, then the Commission's specific recommendations for reorganization of school districts into unit districts under paragraph (5) of subsection (b) shall be filed with the appropriate regional superintendent of schools in the same form as petitions filed under Section 11E-35. A copy of the Commission's specific recommendations shall be provided to the regional superintendent of schools of each educational service region situated in the territory described in the specific recommendation or that part of the territory in which the greater percentage of equalized assessed valuation is situated. Petitions submitted by the Commission under this Section are not subject to the requirements under subsection (a) of Section 11E-35.

(d) Upon receiving the filed petition as provided in subsection (c) from the regional superintendent of schools, each school board of the affected school districts shall publish a copy of the petition on its official Internet website, if available, with a link to the recommendation shown prominently on the homepage of the website until the date of the next upcoming general election.

(e) Notwithstanding subsection (a) of Section 11E-50, within 14 days after the conclusion of the hearing under Section 11E-45 regarding a petition filed by the Efficient School District Commission, the regional superintendent shall, upon determining that the petition is in compliance with all applicable requirements set forth in the Election Code, through a written order, approve the petition, or, if the regional superintendent determines that the amended petition is not in compliance with the Election Code, the regional superintendent shall deny the petition.

(f) Notwithstanding subsection (b) of Section 11E-50, within 21 days after the receipt of the regional superintendent's decision regarding a petition filed by the Efficient School District Commission under this Section, the State Superintendent of Education shall, upon determining that the petition is in compliance with all applicable requirements set forth in the Election Code, through a written order, approve the petition, or, if the State Superintendent determines that the amended petition is not in compliance with the Election Code, the State Superintendent shall deny the petition.

(g) The Efficient School District Commission shall serve as and take on the responsibilities of the designated Committee of Ten for the purposes of petitions filed under this Section, except that notwithstanding paragraph (10) of subsection (a) of Section 11E-35, any amendments to petitions filed by the Commission and any binding stipulations made to any question with respect to a petition under this Section shall be made by at least 13 members of the Commission.

(h) Incentive payments required under Section 11E-135 shall be made for the purposes of this Section, subject to appropriation by the General Assembly. The failure of the General Assembly to appropriate incentive payment funds under Section 11E-135 shall not be a bar to reorganization under this Section.

(i) This Section is repealed on January 31, 2025.

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