Full Text of SB2134 97th General Assembly
SB2134sam001 97TH GENERAL ASSEMBLY | Sen. Susan Garrett Filed: 3/14/2011
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| 1 | | AMENDMENT TO SENATE BILL 2134
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2134 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 2-3.62, 3-1, 3-1.1, 3-2, 3-2.5, 3-6, 3-15.6, 3-15.8, 3-15.14, | 6 | | 3A-4, 3A-5, and 3A-6 and by adding Section 17-1.10 as follows:
| 7 | | (105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
| 8 | | Sec. 2-3.62. Educational Service Centers.
| 9 | | (a) A regional network of educational service centers shall | 10 | | be established
by the State Board of Education to coordinate | 11 | | and combine existing services in
a manner which is practical | 12 | | and efficient and to provide new services to
schools as | 13 | | provided in this Section. Services to be made available by such
| 14 | | centers shall include the planning, implementation and | 15 | | evaluation of:
| 16 | | (1) (blank);
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| 1 | | (2) computer technology education;
| 2 | | (3) mathematics, science and reading resources for | 3 | | teachers including
continuing education, inservice | 4 | | training and staff development.
| 5 | | The centers may provide training, technical assistance, | 6 | | coordination and
planning in other program areas such as school | 7 | | improvement, school
accountability, financial planning, | 8 | | consultation, and services, career guidance, early childhood | 9 | | education, alcohol/drug
education and prevention, family life - | 10 | | sex education, electronic transmission
of data from school | 11 | | districts to the State, alternative education and regional
| 12 | | special education, and telecommunications systems that provide | 13 | | distance
learning. Such telecommunications systems may be | 14 | | obtained through the
Department of Central Management Services | 15 | | pursuant to Section 405-270 of the
Department of Central | 16 | | Management Services Law (20 ILCS 405/405-270). The programs and | 17 | | services of educational
service centers may be offered to | 18 | | private school teachers and private school
students within each | 19 | | service center area provided public schools have already
been | 20 | | afforded adequate access to such programs and services.
| 21 | | Upon the abolition of the office, removal from office, | 22 | | disqualification for office, resignation from office, or | 23 | | expiration of the current term of office of the regional | 24 | | superintendent of schools, whichever is earlier, centers | 25 | | serving that portion of a Class II county school unit outside | 26 | | of a city of 500,000 or more inhabitants shall have and |
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| 1 | | exercise, in and with respect to each educational service | 2 | | region having a population of 2,000,000 or more inhabitants and | 3 | | in and with respect to each school district located in any such | 4 | | educational service region, all of the rights, powers, duties, | 5 | | and responsibilities theretofore vested by law in and exercised | 6 | | and performed by the regional superintendent of schools for | 7 | | that area under the provisions of this Code or any other laws | 8 | | of this State. | 9 | | On or before June 1, 2012, with consideration given to any | 10 | | recommendation received from the governing board for each | 11 | | educational service center serving that portion of a Class II | 12 | | county school unit outside of a city of 500,000 or more | 13 | | inhabitants and from the State Superintendent of Education, the | 14 | | State Board of Education shall appoint an executive director | 15 | | for each educational service center serving that portion of a | 16 | | Class II county school unit outside of a city of 500,000 or | 17 | | more inhabitants, who shall enter upon the discharge of his or | 18 | | her duties on July 1, 2012. Each executive director appointed | 19 | | pursuant to this paragraph shall serve a term of either 2, 3, | 20 | | or 4 years, as established by the State Board of Education. | 21 | | Thereafter, prior to the expiration of the term of each | 22 | | executive director, the State Board of Education shall appoint | 23 | | or re-appoint an executive director for each educational | 24 | | service center serving that portion of a Class II county school | 25 | | unit outside of a city of 500,000 or more inhabitants to serve | 26 | | for a 4-year term. |
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| 1 | | Executive directors for educational service centers | 2 | | serving that portion of a Class II county school unit outside | 3 | | of a city of 500,000 or more inhabitants shall serve under a | 4 | | performance-based contract with the State Board of Education | 5 | | that provides funding for the salary of the executive director | 6 | | and other staff necessary to provide core services and for | 7 | | other expenses necessary to provide core services, as such core | 8 | | services are defined by the State Board of Education in the | 9 | | performance-based contract. The performance-based contract | 10 | | shall include a regional plan to improve academic performance | 11 | | within the region served by the educational service center, | 12 | | improve fiscal efficiency of school districts as determined | 13 | | pursuant to Section 17-1.10 of this Code, eliminate duplication | 14 | | of services and duplicative expenditures of resources both | 15 | | within the educational service region and across educational | 16 | | service regions, provide for joint purchasing, and consolidate | 17 | | overlapping regional service delivery systems. Performance | 18 | | metrics for the executive director and the educational service | 19 | | center shall include, but are not limited to, metrics based on | 20 | | progress toward attaining the goals and objectives in the | 21 | | regional plan, adherence to accreditation standards adopted by | 22 | | the State Board of Education for educational service centers, | 23 | | program service evaluations, indicators of district academic | 24 | | performance, and indicators of district fiscal efficiency. | 25 | | In addition to core services defined in the | 26 | | performance-based contract, educational service centers may |
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| 1 | | provide other services funded through public or private grants | 2 | | or delivered to school districts on a fee-for-service basis. | 3 | | The State Board of Education may terminate the appointment | 4 | | of an executive director, terminate the performance-based | 5 | | contract for the educational service center, or withhold or | 6 | | reduce funding to the educational service center for cause, | 7 | | including failure to achieve satisfactory performance. The | 8 | | contract is subject to termination in the event of | 9 | | consolidation of the educational service region with another | 10 | | educational service region pursuant to Section 3A-4 of this | 11 | | Code. | 12 | | In the event of resignation or removal of an executive | 13 | | director prior to the expiration of his or her term, the State | 14 | | Board of Education shall appoint an interim executive director | 15 | | to serve for the remainder of the term. | 16 | | The State Board of Education shall promulgate rules and | 17 | | regulations necessary
to implement this Section. The rules | 18 | | shall include detailed standards which
delineate the scope and | 19 | | specific content of programs to be provided by each
Educational | 20 | | Service Center, as well as the specific planning, | 21 | | implementation
and evaluation services to be provided by each | 22 | | Center relative to its programs.
The Board shall also provide | 23 | | the standards by which it will evaluate the
programs provided | 24 | | by each Center.
| 25 | | (b) Centers serving Class 1 county school units shall be | 26 | | governed by an
11-member board, 3 members of which shall be |
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| 1 | | public school teachers
nominated by the local bargaining | 2 | | representatives to the appropriate regional
superintendent for | 3 | | appointment and no more than 3 members of which shall be
from | 4 | | each of the following categories, including but not limited to
| 5 | | superintendents, regional superintendents, school board | 6 | | members
and a representative of an institution of higher | 7 | | education. The members of
the board shall be appointed by the | 8 | | regional superintendents whose school
districts are served by | 9 | | the educational service center.
The composition of the board | 10 | | will reflect the revisions of this
amendatory Act of 1989 as | 11 | | the terms of office of current members expire.
| 12 | | (c) The centers shall be of sufficient size and number to | 13 | | assure delivery
of services to all local school districts in | 14 | | the State.
| 15 | | (d) From monies appropriated for this program the State | 16 | | Board of
Education shall provide grants to qualifying | 17 | | Educational Service Centers
applying for such grants in | 18 | | accordance with rules and regulations
promulgated by the State | 19 | | Board of Education to implement this Section.
| 20 | | (e) The governing authority of each of the 18 regional | 21 | | educational service
centers shall appoint a family life - sex | 22 | | education advisory board
consisting of 2 parents, 2 teachers, 2 | 23 | | school administrators, 2 school
board members, 2 health care | 24 | | professionals, one library system
representative, and the | 25 | | director of the regional educational service center
who shall | 26 | | serve as chairperson of the advisory board so appointed. |
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| 1 | | Members
of the family life - sex education advisory boards | 2 | | shall serve without
compensation. Each of the advisory boards | 3 | | appointed pursuant to this
subsection shall develop a plan for | 4 | | regional teacher-parent family life - sex
education training | 5 | | sessions and shall file a written report of such plan
with the | 6 | | governing board of their regional educational service center. | 7 | | The
directors of each of the regional educational service
| 8 | | centers shall thereupon meet, review each of the reports | 9 | | submitted by the
advisory boards and combine those reports into | 10 | | a single written report which
they shall file with the Citizens | 11 | | Council on School Problems prior to the
end of the regular | 12 | | school term of the 1987-1988 school year.
| 13 | | (f) The 14 educational service centers serving Class I | 14 | | county school units
shall be disbanded on the first Monday of | 15 | | August, 1995, and their statutory
responsibilities and | 16 | | programs shall be assumed by the regional offices of
education, | 17 | | subject to rules and regulations developed by
the
State Board | 18 | | of Education. The regional superintendents of schools elected | 19 | | by
the voters residing in all Class I counties shall serve as | 20 | | the chief
administrators for these programs and services. By | 21 | | rule of the State Board of
Education, the 10 educational | 22 | | service regions of
lowest
population shall provide such | 23 | | services under cooperative agreements with larger
regions.
| 24 | | (Source: P.A. 96-893, eff. 7-1-10.)
| 25 | | (105 ILCS 5/3-1) (from Ch. 122, par. 3-1)
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| 1 | | Sec. 3-1. Appointment; performance-based contracts | 2 | | Election; eligibility . Quadrennially there shall be
elected in | 3 | | every county, except those which have been consolidated into
a | 4 | | multicounty educational service region under Article 3A and | 5 | | except
those having a population of 2,000,000 or more | 6 | | inhabitants, a regional
superintendent of schools, who shall | 7 | | enter
upon the discharge of his duties on the first Monday of | 8 | | August next after
his election; provided, however, that the | 9 | | term of office of each regional
superintendent of schools in | 10 | | office on the effective date of this amendatory Act of the 97th | 11 | | General Assembly June 30, 2003
is terminated on
July 1, 2012 | 12 | | 2003 , except that an incumbent regional
superintendent of | 13 | | schools
shall continue to serve until his successor is | 14 | | appointed pursuant to this Section. elected and qualified, and | 15 | | each
regional superintendent of schools elected at the general | 16 | | election in 2002 and
every four years thereafter shall assume | 17 | | office on the first day of July
next after his election. No one | 18 | | is eligible to file his petition at any
primary election for | 19 | | the nomination
as candidate for the office of regional | 20 | | superintendent of schools nor to
enter upon the duties of such | 21 | | office either by election or appointment
unless he possesses | 22 | | the following qualifications: (1) he is of good
character, (2) | 23 | | he has a master's degree, (3) he has earned at least 20
| 24 | | semester hours of credit in professional education at the | 25 | | graduate
level, (4) he holds a valid all grade supervisory | 26 | | certificate or a valid
state limited supervisory certificate, |
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| 1 | | or a valid state life supervisory
certificate, or a valid | 2 | | administrative certificate, (5) he has had at least
4 years | 3 | | experience in teaching, and (6) he was engaged for at least 2 | 4 | | years
of the 4 previous years in full time teaching or | 5 | | supervising in the common
public schools or serving as a county | 6 | | superintendent of schools or regional
superintendent of | 7 | | schools for an educational service region in the State of
| 8 | | Illinois.
| 9 | | On or before June 1, 2012, with consideration given to any | 10 | | recommendation received from the advisory board for each | 11 | | regional office of education established pursuant to Section | 12 | | 3A-16 of this Code and from the State Superintendent of | 13 | | Education, the State Board of Education shall appoint a | 14 | | regional superintendent of schools in every educational | 15 | | service region, including a multi-county educational service | 16 | | region under Article 3A of this Code, except those having a | 17 | | population of 2,000,000 or more inhabitants, who shall enter | 18 | | upon the discharge of his or her duties on July 1, 2012. Each | 19 | | regional superintendent appointed on or before June 1, 2012 | 20 | | shall serve a term of either 2, 3, or 4 years, as established | 21 | | by the State Board of Education. Thereafter, prior to the | 22 | | expiration of the term of each regional superintendent, the | 23 | | State Board of Education shall appoint or re-appoint a regional | 24 | | superintendent of schools in every educational service region, | 25 | | including a multi-county educational service region under | 26 | | Article 3A of this Code, except those having a population of |
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| 1 | | 2,000,000 or more inhabitants, to serve for a 4-year term. | 2 | | Regional superintendents shall serve under a | 3 | | performance-based contract with the State Board of Education | 4 | | that provides funding for the salary of the regional | 5 | | superintendent, any assistant regional superintendents, and | 6 | | other staff necessary to provide core services and for other | 7 | | expenses necessary to provide core services, as such core | 8 | | services are defined by the State Board of Education in the | 9 | | performance-based contract. The performance-based contract | 10 | | shall include a regional plan to improve academic performance | 11 | | within the educational service region, improve fiscal | 12 | | efficiency of school districts as determined pursuant to | 13 | | Section 17-1.10 of this Code, eliminate duplication of services | 14 | | and duplicative expenditures of resources both within the | 15 | | educational service region and across educational service | 16 | | regions, provide for joint purchasing, and consolidate | 17 | | overlapping regional service delivery systems. Performance | 18 | | metrics for the regional superintendent and the regional office | 19 | | of education shall include, but are not limited to, metrics | 20 | | based on progress toward attaining the goals and objectives in | 21 | | the regional plan, adherence to accreditation standards | 22 | | adopted by the State Board of Education for regional offices of | 23 | | education, program service evaluations, indicators of district | 24 | | academic performance, and indicators of district fiscal | 25 | | efficiency. | 26 | | In addition to core services defined in the |
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| 1 | | performance-based contract, regional offices of education may | 2 | | provide other services funded through public or private grants | 3 | | or delivered to school districts on a fee-for-service basis. | 4 | | The State Board of Education may terminate the appointment | 5 | | of a regional superintendent, terminate the performance-based | 6 | | contract for the regional office of education, or withhold or | 7 | | reduce funding to the regional office of education for cause, | 8 | | including failure to achieve satisfactory performance. The | 9 | | contract is subject to termination in the event of | 10 | | consolidation of the educational service region with another | 11 | | educational service region pursuant to Section 3A-4 of this | 12 | | Code. | 13 | | In the event of resignation or removal of a regional | 14 | | superintendent prior to the expiration of his or her term, the | 15 | | State Board of Education shall appoint an interim regional | 16 | | superintendent to serve for the remainder of the term. | 17 | | No petition of any candidate for nomination for the office | 18 | | of regional
superintendent of schools may be filed and no such | 19 | | candidate's name may be
placed on a primary or general election | 20 | | ballot, unless such candidate files
as part of his petition a | 21 | | certificate from the State Board of Education
certifying that | 22 | | from the records of its office such candidate has the
| 23 | | qualifications required by this Section; however, any | 24 | | incumbent filing his
petition for nomination for a succeeding | 25 | | term of office shall not be
required to attach such certificate | 26 | | to his petition of candidacy.
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| 1 | | Nomination papers filed under this Section are not valid | 2 | | unless the
candidate named therein files with the county clerk | 3 | | or State Board of
Elections a statement of economic interests | 4 | | as required by the Illinois
Governmental Ethics Act. Such | 5 | | receipt shall be so filed either previously
during the calendar | 6 | | year in which his nomination papers were filed or
within the | 7 | | period for the filing of nomination papers in accordance with
| 8 | | the general election law.
| 9 | | The changes in qualifications made by Public Act 76-1563 do | 10 | | not affect
the right of an incumbent to seek reelection.
| 11 | | On and after July 1, 1994, the provisions of this Section | 12 | | shall have
no application in any educational service region | 13 | | having a population of
2,000,000 or more inhabitants; provided | 14 | | further that no election shall be
held in November of 1994 or | 15 | | at any other time after July 1, 1992 for the office
of regional | 16 | | superintendent of schools in any county or educational service
| 17 | | region having a population of 2,000,000 or more inhabitants.
| 18 | | (Source: P.A. 96-893, eff. 7-1-10.)
| 19 | | (105 ILCS 5/3-1.1) (from Ch. 122, par. 3-1.1)
| 20 | | (Section scheduled to be repealed on July 1, 2012) | 21 | | Sec. 3-1.1. Eligible voters. Whenever a unit school | 22 | | district is located
in
more than one educational service | 23 | | region, a qualified
elector residing in
that unit school | 24 | | district but outside of the educational service region
| 25 | | administered by the regional superintendent of schools having |
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| 1 | | supervision and
control over that unit school district shall be | 2 | | eligible to vote in any election held to
elect the regional | 3 | | superintendent of schools of the educational service
region | 4 | | that is administered by the regional superintendent of schools | 5 | | who has
supervision and control over that unit school
district, | 6 | | but the elector shall not also be
eligible to vote in the
| 7 | | election held to elect the regional superintendent of schools | 8 | | of the
educational service region in which the elector resides.
| 9 | | Not less than 100 days before each general primary | 10 | | election, the regional
superintendent of schools shall certify | 11 | | to the State Board of Elections a list
of each unit school | 12 | | district under his or her supervision and control and each
| 13 | | county in which all or any part of each of those districts is | 14 | | located. The
State
Board of
Elections shall certify each of | 15 | | those unit school districts and counties to the
appropriate | 16 | | election authorities within 20 days after receiving the list
| 17 | | certified by the regional superintendent of schools.
| 18 | | The election authority in a single county educational | 19 | | service region whose
regional superintendent of schools | 20 | | exercises supervision and control over a
unit school district | 21 | | that is located in that single county educational service
| 22 | | region and in one or more other educational service regions | 23 | | shall certify to
the
election authority of each of those other | 24 | | educational service regions in which
the unit school district | 25 | | is located the candidates for the office of the
regional | 26 | | superintendent of schools exercising supervision and control |
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| 1 | | over that
unit school district. | 2 | | This Section is repealed on July 1, 2012.
| 3 | | (Source: P.A. 87-328; 88-535.)
| 4 | | (105 ILCS 5/3-2) (from Ch. 122, par. 3-2)
| 5 | | (Section scheduled to be repealed on July 1, 2012) | 6 | | Sec. 3-2. Oath of office - Bond - Salary. Before entering | 7 | | upon
his or her duties a regional superintendent of schools | 8 | | shall take
and subscribe the oath prescribed by the | 9 | | Constitution and execute a bond
payable to the People of the | 10 | | State of Illinois with 2 or more responsible
persons having an | 11 | | interest in real estate as sureties (or, if the county is
| 12 | | self-insured, the county through its self-insurance program | 13 | | may provide
bonding), to be approved by the county board in a | 14 | | penalty of not less than
$100,000, conditioned upon the | 15 | | faithful discharge of his or her duties and upon
the delivery | 16 | | to his or her successor in office of all monies, books, papers | 17 | | and
property in his or her custody as such regional | 18 | | superintendent of schools.
| 19 | | This bond shall be filed in the office of the county clerk, | 20 | | and action
upon it may be maintained by any corporate body | 21 | | interested, for the benefit
of any township or fund injured by | 22 | | any breach of its condition.
| 23 | | If any vacancy in the office of regional superintendent of | 24 | | schools
occurs, such vacancy shall be filled in the manner | 25 | | provided by Section 3A-6.
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| 1 | | Regional Superintendents of Schools shall receive the | 2 | | salary provided by
Section 3-2.5.
| 3 | | On and after July 1, 1994, the provisions of this Section | 4 | | shall have no
application in any educational service region | 5 | | having a population of
2,000,000 or more inhabitants.
| 6 | | This Section is repealed on July 1, 2012. | 7 | | (Source: P.A. 88-387; 89-233, eff. 1-1-96.)
| 8 | | (105 ILCS 5/3-2.5)
| 9 | | Sec. 3-2.5. Salaries.
| 10 | | (a) Except as otherwise provided in this Section, the
| 11 | | regional superintendents of schools shall receive for their | 12 | | services an annual
salary according to the population, as | 13 | | determined by the last preceding federal
census, of the region | 14 | | they serve, as set out in the following schedule:
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15 | | SALARIES OF REGIONAL SUPERINTENDENTS OF
| 16 | | SCHOOLS |
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17 | | POPULATION OF REGION |
ANNUAL SALARY |
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18 | | Less than 48,000 |
$73,500 |
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19 | | 48,000 to 99,999 |
$78,000 |
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20 | | 100,000 to 999,999 |
$81,500 |
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21 | | 1,000,000 and over |
$83,500 |
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22 | | The changes made by Public Act 86-98 in the annual salary | 23 | | that the
regional superintendents of schools shall receive for | 24 | | their services shall
apply to the annual salary received by the | 25 | | regional superintendents of
schools during each of their |
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| 1 | | elected terms of office that
commence after
July 26, 1989 and | 2 | | before the first Monday of August, 1995.
| 3 | | The changes made by Public Act 89-225 in the annual salary | 4 | | that
regional superintendents of schools shall receive for | 5 | | their services shall
apply to the annual salary received by the | 6 | | regional superintendents of schools
during their elected terms | 7 | | of office that
commence after August 4,
1995 and end on August | 8 | | 1, 1999.
| 9 | | The changes made by this amendatory Act of the 91st General | 10 | | Assembly in the
annual salary that the regional superintendents | 11 | | of schools shall receive for
their services shall apply to the | 12 | | annual salary received by the regional
superintendents of | 13 | | schools during each of their elected terms of office that
| 14 | | commence on or after August 2, 1999.
| 15 | | Beginning July 1, 2000, the salary that the regional | 16 | | superintendent
of schools receives for his or her services | 17 | | shall be adjusted annually to
reflect the percentage increase, | 18 | | if any, in the most recent Consumer Price
Index, as defined and | 19 | | officially reported by the United States Department of
Labor, | 20 | | Bureau of Labor Statistics, except that no annual increment may | 21 | | exceed
2.9%. If the percentage of change in the
Consumer Price | 22 | | Index is a percentage decrease, the salary that the regional
| 23 | | superintendent of schools receives shall not be adjusted for | 24 | | that year.
| 25 | | When regional superintendents are authorized by the School | 26 | | Code to
appoint assistant regional superintendents, the |
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| 1 | | assistant regional
superintendent shall receive an annual | 2 | | salary based on his or her
qualifications and computed as a | 3 | | percentage of the salary of the
regional superintendent to whom | 4 | | he or she is assistant, as set out in the
following schedule:
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5 | | SALARIES OF ASSISTANT REGIONAL | 6 | | SUPERINTENDENTS |
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7 | | QUALIFICATIONS OF |
PERCENTAGE OF SALARY |
|
8 | | ASSISTANT REGIONAL |
OF REGIONAL |
|
9 | | SUPERINTENDENT |
SUPERINTENDENT |
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10 | | No Bachelor's degree, but State |
| |
11 | | certificate valid for teaching | |
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12 | | and supervising. |
70% |
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13 | | Bachelor's degree plus |
| |
14 | | State certificate valid | |
|
15 | | for supervising. |
75% |
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16 | | Master's degree plus |
| |
17 | | State certificate valid | |
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18 | | for supervising. |
90% |
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19 | | However, in any region in which the appointment of more | 20 | | than one
assistant regional superintendent is authorized, | 21 | | whether by Section
3-15.10 of this Code or otherwise, not more | 22 | | than one assistant may
be compensated at the 90% rate and any | 23 | | other assistant shall be paid at
not exceeding the 75% rate, in | 24 | | each case depending on the qualifications
of the assistant.
| 25 | | The salaries provided in this Section for regional | 26 | | superintendents
and assistant regional superintendents are |
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| 1 | | payable monthly. The State Comptroller in making his or her | 2 | | warrant to
any county for the amount due it shall deduct
from | 3 | | it the several amounts for which warrants have been issued to | 4 | | the
regional superintendent, and any assistant regional | 5 | | superintendent, of
the educational service region encompassing | 6 | | the county since the
preceding apportionment.
| 7 | | County boards may provide for additional compensation for | 8 | | the
regional superintendent or the assistant regional | 9 | | superintendents, or
for each of them, to be paid quarterly from | 10 | | the county treasury. | 11 | | This subsection (a) applies only until July 1, 2012.
| 12 | | (b) Upon abolition of the office of regional
superintendent | 13 | | of schools in educational service regions containing
2,000,000 | 14 | | or more inhabitants as provided in Section 3-0.01
of this Code, | 15 | | the funds provided under subsection (a) of this Section shall | 16 | | continue to be appropriated and reallocated, as provided for | 17 | | pursuant to subsection (b) of Section 3-0.01 of this Code, to | 18 | | the educational service centers established pursuant to | 19 | | Section 2-3.62 of this Code for an educational service region | 20 | | containing 2,000,000 or more inhabitants.
| 21 | | This subsection (b) applies only until July 1, 2012. | 22 | | (c) If the State pays all or any portion of the employee | 23 | | contributions
required under Section 16-152 of the Illinois | 24 | | Pension Code for employees of the
State Board of Education, it | 25 | | shall also pay the employee contributions required
of regional | 26 | | superintendents of schools and assistant regional |
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| 1 | | superintendents
of schools on the same basis, but excluding any | 2 | | contributions based on
compensation that is paid by the county | 3 | | rather than the State.
| 4 | | This subsection (c) applies to contributions based on | 5 | | payments of salary
earned after the effective date of this | 6 | | amendatory Act of the 91st General
Assembly, except that in the | 7 | | case of an elected regional superintendent of
schools, this | 8 | | subsection does not apply to contributions based on payments of
| 9 | | salary earned during a term of office that commenced before the | 10 | | effective date
of this amendatory Act.
| 11 | | (Source: P.A. 96-893, eff. 7-1-10; 96-1086, eff. 7-16-10; | 12 | | revised 7-22-10.)
| 13 | | (105 ILCS 5/3-6) (from Ch. 122, par. 3-6)
| 14 | | Sec. 3-6.
Financial report - Presentation of books and | 15 | | vouchers for
inspection. The regional superintendent shall | 16 | | report, in writing, to the
county board and the State Board of | 17 | | Education , on or before January 1 of each year, stating, (1) | 18 | | the
balance on hand at the time of the last report, and all | 19 | | receipts since
that date, with the sources from which they were | 20 | | derived; (2) the amount
distributed to each of the school | 21 | | treasurers in his county; (3) any
balance on hand. At the same | 22 | | time he shall present for inspection his
books and vouchers for | 23 | | all expenditures, and submit in writing a
statement of the | 24 | | condition of the institute fund and of any other funds
in his | 25 | | care, custody or control.
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| 1 | | (Source: P.A. 81-624.)
| 2 | | (105 ILCS 5/3-15.6) (from Ch. 122, par. 3-15.6)
| 3 | | Sec. 3-15.6. Additional employees. To employ , with the | 4 | | approval of the
county board, such additional employees as are | 5 | | needed for the discharge of
the duties of the office , subject | 6 | | to the terms of a performance-based contract with the State | 7 | | Board of Education . The non-clerical employees shall be persons
| 8 | | versed in the principles and methods of education, familiar | 9 | | with public
school work, competent to visit schools and | 10 | | certificated pursuant to this
Code if their duties are | 11 | | comparable to those for which certification is
required by this | 12 | | Code.
| 13 | | On and after July 1, 1994, the provisions of this Section | 14 | | shall have
no application in any educational service region | 15 | | having a population of
2,000,000 or more inhabitants.
| 16 | | (Source: P.A. 86-361; 87-654; 87-1251.)
| 17 | | (105 ILCS 5/3-15.8) (from Ch. 122, par. 3-15.8)
| 18 | | Sec. 3-15.8. Report to State Board of Education. On or | 19 | | before November
15, annually, to present to the State Board of | 20 | | Education such information
relating to schools in his region as | 21 | | the State Board of Education may require. The regional | 22 | | superintendent shall provide such other reports as are required | 23 | | under a performance-based contract with the State Board of | 24 | | Education.
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| 1 | | (Source: P.A. 82-143.)
| 2 | | (105 ILCS 5/3-15.14) (from Ch. 122, par. 3-15.14)
| 3 | | Sec. 3-15.14. Cooperative Educational and Operational | 4 | | Programs. To administer and direct a cooperative or joint | 5 | | educational or operational program
or project when 2 or more | 6 | | districts request and authorize him to provide
and administer | 7 | | these services. Each regional superintendent of schools shall, | 8 | | on an annual basis, develop proposed joint educational or | 9 | | operational programs and solicit school district participation | 10 | | in such programs. The regional superintendent He may provide | 11 | | and contract for the
staff, space, necessary materials, | 12 | | supplies, books and apparatus for
such agreements. The school | 13 | | boards of the respective districts shall pay
to the regional | 14 | | superintendent the pro rata share of the expenses of the
| 15 | | operation of such programs, and the regional superintendent | 16 | | shall use
such funds in payment of such operational expenses. | 17 | | The regional
superintendent shall collect and remit the | 18 | | required pension contributions
from the participating | 19 | | districts if the board of control of the program
participates | 20 | | in Article 7 of the Illinois Pension Code.
| 21 | | A board of control composed of one member from each | 22 | | cooperating
district and one member from the office of the | 23 | | regional superintendent
will set policy for the cooperative. | 24 | | The agreement establishing the
cooperative may provide that the | 25 | | cooperative shall act as its own
administrative district and |
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| 1 | | shall be an entity separate and apart from the
Educational | 2 | | Service Region.
| 3 | | Each regional superintendent that is the administrator of a | 4 | | joint
agreement shall cause an annual financial statement to be | 5 | | submitted on
forms prescribed by the State Board of Education | 6 | | exhibiting
the financial condition of the program established | 7 | | pursuant to the joint
agreement for the fiscal year ending on | 8 | | the immediately preceding June
30.
| 9 | | The regional superintendent may also administer, direct | 10 | | and account
for educational or operational programs of single | 11 | | or multi-county educational service
region, or of | 12 | | multi-regional design which are sponsored and financed by
State | 13 | | or federal educational agencies, or by both such agencies.
In | 14 | | cases where funding for any such approved program is delayed, | 15 | | the
regional superintendent may borrow the funds required to | 16 | | begin operation of
the program in accordance with the terms of | 17 | | the grant; and the principal
amount so borrowed, together with | 18 | | the interest due thereon, shall be paid
from the grant moneys | 19 | | when received.
| 20 | | (Source: P.A. 83-815; 86-1332.)
| 21 | | (105 ILCS 5/3A-4) (from Ch. 122, par. 3A-4)
| 22 | | Sec. 3A-4. Mandatory consolidation of educational service | 23 | | regions.
| 24 | | (a) After October 15, 1993,
each
region must contain at | 25 | | least 43,000 inhabitants. Regions may be consolidated
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| 1 | | voluntarily under Section 3A-3 or by joint resolution of the | 2 | | county boards of
regions seeking to join a voluntary | 3 | | consolidation to meet these population
requirements. The | 4 | | boundaries of regions already meeting these population
| 5 | | requirements on the effective date of this amendatory Act of | 6 | | 1993 may not be
changed except to consolidate with another | 7 | | region or a whole county portion of
another region which does | 8 | | not meet these population requirements.
If locally determined | 9 | | consolidation decisions result in more than 45 regions of
| 10 | | population greater than 43,000 each, the State Board of | 11 | | Education shall direct
further consolidation, beginning with | 12 | | the region of lowest population, until
the number of 45 regions | 13 | | is achieved.
| 14 | | (b) (Blank).
| 15 | | (c) If any region does not meet the population requirements | 16 | | of this
Section the State Board of Education, within 15 days | 17 | | after
the above said dates, shall direct such consolidation of | 18 | | that region
with another region or regions to which it is | 19 | | contiguous as will result
in a region conforming to these | 20 | | population requirements.
| 21 | | (d) All population determinations shall be based on the | 22 | | most recent
federal census. | 23 | | (e) The State Board of Education may direct the | 24 | | consolidation of educational service regions to: | 25 | | (1) create greater efficiency across regions; or | 26 | | (2) in the event a regional office of education fails |
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| 1 | | to achieve performance metrics set forth in its | 2 | | performance-based contract, deliver improved services to | 3 | | school districts within the educational service region. | 4 | | The direction shall include a date upon which the terms of | 5 | | office of the regional superintendents of schools included | 6 | | within the consolidation shall expire. Prior to any such | 7 | | direction, the State Board of Education shall solicit comments | 8 | | on the consolidation from stakeholders within the affected | 9 | | educational service regions and hold a public hearing on the | 10 | | consolidation in one of the affected educational service | 11 | | regions.
| 12 | | (Source: P.A. 88-89; 89-608, eff. 8-2-96.)
| 13 | | (105 ILCS 5/3A-5) (from Ch. 122, par. 3A-5)
| 14 | | Sec. 3A-5. Effective date of consolidation. Any | 15 | | consolidation of regions,
whether under Section 3A-3 or 3A-4, | 16 | | shall take effect at the expiration of
the terms of office of | 17 | | the regional superintendents in office at the time
the | 18 | | consolidation is approved under Section 3A-3 or directed under | 19 | | Section
3A-4 , provided that a consolidation under subsection | 20 | | (e) of Section 3A-4 shall take effect on the date established | 21 | | by the State Board of Education in its direction to | 22 | | consolidate . However, at the regular election immediately | 23 | | preceding
the effective date of the consolidation at which | 24 | | regional superintendents
are to be elected in accordance with | 25 | | the general election law, regional
superintendents shall not be |
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| 1 | | elected from each of the regions comprising
the consolidated | 2 | | region, but one regional superintendent shall be elected
to | 3 | | take office on the effective date of the consolidation.
| 4 | | (Source: P.A. 88-89.)
| 5 | | (105 ILCS 5/3A-6) (from Ch. 122, par. 3A-6)
| 6 | | (Section scheduled to be repealed on July 1, 2012) | 7 | | Sec. 3A-6. Election of Superintendent for consolidated | 8 | | region - Bond -
Vacancies in any educational service region. | 9 | | (a) The regional superintendent to be
elected under Section | 10 | | 3A-5 shall be elected at the time provided in the general
| 11 | | election law and must possess the qualifications described in | 12 | | Section 3-1 of
this Act.
| 13 | | (b) The bond required under Section 3-2 shall be filed in | 14 | | the office of
the
county clerk in the county where the regional | 15 | | office is situated, and a
certified copy of that bond shall be | 16 | | filed in the office of the county clerk
in each of the other | 17 | | counties in the region.
| 18 | | (c) When a vacancy occurs in the office of regional | 19 | | superintendent of
schools of any educational service region | 20 | | which is not located in a county
which is a home rule unit, | 21 | | such vacancy shall be filled within 60 days (i)
by appointment | 22 | | of the chairman of the county board, with the advice and
| 23 | | consent of the county board, when such vacancy occurs in a | 24 | | single county
educational service region; or (ii) by | 25 | | appointment of a committee composed
of the chairmen of the |
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| 1 | | county boards of those counties comprising the
affected | 2 | | educational service region when such vacancy occurs in a
| 3 | | multicounty educational service region, each committeeman to | 4 | | be entitled to
one vote for each vote that was received in the | 5 | | county represented by such
committeeman on the committee by the | 6 | | regional superintendent of schools
whose office is vacant at | 7 | | the last election at which a regional
superintendent was | 8 | | elected to such office, and the person receiving the
highest | 9 | | number of affirmative votes from the committeemen for such | 10 | | vacant
office to be deemed the person appointed by such | 11 | | committee to fill the
vacancy. The appointee shall be a member | 12 | | of the same political party as the
regional superintendent of | 13 | | schools the appointee succeeds was at the time
such regional | 14 | | superintendent of schools last was elected. The appointee
shall | 15 | | serve
for the remainder of the term. However, if more than 28 | 16 | | months remain
in that term, the appointment shall be until the | 17 | | next general election, at
which time the vacated office shall | 18 | | be filled by election for the remainder
of the term. | 19 | | Nominations shall be made and any vacancy in nomination
shall | 20 | | be filled as follows:
| 21 | | (1) If the vacancy in office occurs before the first | 22 | | date
provided in Section 7-12 of the Election Code for | 23 | | filing nomination
papers for county offices for the primary | 24 | | in the next even-numbered year
following
commencement of | 25 | | the term of office in which the vacancy
occurs, nominations | 26 | | for the election for filling the vacancy shall be
made |
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| 1 | | pursuant to Article 7 of the Election Code.
| 2 | | (2) If the vacancy in office occurs during the time | 3 | | provided
in Section 7-12 of the Election Code for filing | 4 | | nomination papers
for county offices for the primary in the | 5 | | next even-numbered year following
commencement of the term | 6 | | of office in which the vacancy occurs,
the time for filing | 7 | | nomination papers for the primary shall not be
more than 91 | 8 | | days nor less than 85 days prior to the date of the
| 9 | | primary.
| 10 | | (3) If the vacancy in office occurs after the last day | 11 | | provided
in Section 7-12 of the Election Code for filing | 12 | | nomination papers for county
offices for the primary in the | 13 | | next even-numbered year following commencement
of the term | 14 | | of office in which the vacancy occurs, a
vacancy in | 15 | | nomination shall be deemed to have occurred and the
county | 16 | | central committee of each established political party (if | 17 | | the
vacancy occurs in a single county educational service | 18 | | region) or the
multi-county educational service region | 19 | | committee of each
established political party (if the | 20 | | vacancy occurs in a multi-county
educational service | 21 | | region) shall nominate, by resolution, a
candidate to fill | 22 | | the vacancy in nomination for election to the office
at the | 23 | | general election. In the nomination proceedings to fill the
| 24 | | vacancy in nomination, each member of the county central | 25 | | committee or the
multi-county educational service region | 26 | | committee,
whichever applies, shall have the voting |
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| 1 | | strength as set forth in Section 7-8
or 7-8.02 of the | 2 | | Election Code, respectively. The name of the
candidate so | 3 | | nominated shall not appear on the ballot at the general | 4 | | primary
election. The vacancy in nomination shall be filled | 5 | | prior to the date
of certification of candidates for the | 6 | | general election.
| 7 | | (4) The resolution to fill the vacancy shall be duly
| 8 | | acknowledged before an officer qualified to take | 9 | | acknowledgments
of deeds and shall include, upon its face, | 10 | | the following information:
(A) the name of the original | 11 | | nominee and the office vacated; (B) the
date on which the | 12 | | vacancy occurred; and (C) the name and address
of the | 13 | | nominee selected to fill the vacancy and the date of | 14 | | selection.
The resolution to fill the vacancy shall be | 15 | | accompanied by a
statement of candidacy, as prescribed in | 16 | | Section 7-10 of the
Election Code, completed by the | 17 | | selected nominee, a certificate
from the State Board of | 18 | | Education, as prescribed in Section 3-1 of
this Code, and a | 19 | | receipt indicating that the nominee has filed a
statement | 20 | | of economic interests as required by the Illinois
| 21 | | Governmental Ethics Act.
| 22 | | The provisions of Sections 10-8 through 10-10.1 of the Election | 23 | | Code
relating to objections to nomination papers, hearings on | 24 | | objections, and
judicial review shall also apply to and govern | 25 | | objections to nomination papers
and resolutions for filling | 26 | | vacancies in nomination filed pursuant to this
Section. Unless |
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| 1 | | otherwise specified in this Section, the nomination and
| 2 | | election provided for in this Section is governed by the | 3 | | general election
law.
| 4 | | Except as otherwise provided by applicable county | 5 | | ordinance or by law, if
a vacancy occurs in the office of | 6 | | regional superintendent of schools of an
educational service | 7 | | region that is located in a county that is a home rule unit
and | 8 | | that has a population of less than 2,000,000 inhabitants, that | 9 | | vacancy
shall be filled by the county board of such home rule | 10 | | county.
| 11 | | Any person appointed to fill a vacancy in the office of
| 12 | | regional superintendent of schools of any educational service | 13 | | region must
possess the qualifications required to be elected | 14 | | to the position of
regional superintendent of schools, and | 15 | | shall obtain a certificate of
eligibility from the State | 16 | | Superintendent of Education and file same with
the county clerk | 17 | | of the county in which the regional superintendent's office
is | 18 | | located.
| 19 | | If the regional superintendent of schools is called into | 20 | | the active military
service of the United States, his office | 21 | | shall not be deemed to be vacant,
but a temporary appointment | 22 | | shall be made as in the case of a vacancy.
The appointee shall | 23 | | perform all the duties of the regional superintendent
of | 24 | | schools during the time the regional superintendent of schools | 25 | | is in
the active military service of the United States, and | 26 | | shall be paid the
same compensation apportioned as to the time |
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| 1 | | of service, and such appointment
and all authority thereunder | 2 | | shall cease upon the discharge of the regional
superintendent | 3 | | of schools from such active military service. The appointee
| 4 | | shall give the same bond as is required of a regularly elected | 5 | | regional
superintendent of schools.
| 6 | | This Section is repealed on July 1, 2012. | 7 | | (Source: P.A. 96-893, eff. 7-1-10.)
| 8 | | (105 ILCS 5/17-1.10 new) | 9 | | Sec. 17-1.10. Fiscal efficiency. | 10 | | (a) By no later than December 31, 2011, the State Board of | 11 | | Education shall establish criteria and metrics for determining | 12 | | the fiscal efficiency of school districts and for identifying | 13 | | districts that are fiscally inefficient and highly fiscally | 14 | | efficient. The criteria and metrics shall include, but are not | 15 | | limited to, consideration of expenditures per pupil, resources | 16 | | available for the district's instructional program, | 17 | | expenditures for administrative expenditures as defined in | 18 | | Section 17-1.5 of this Code, and the extent of cooperative and | 19 | | shared services arrangements utilized by the school district. | 20 | | (b) Using the criteria and metrics for fiscal efficiency | 21 | | established by the State Board of Education pursuant to | 22 | | subsection (a) of this Section, each regional superintendent of | 23 | | schools and executive director of an educational service center | 24 | | serving that portion of a Class II county school unit outside | 25 | | of a city of 500,000 or more inhabitants may review the fiscal |
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| 1 | | efficiency of school districts served by the regional | 2 | | superintendent or executive director. The review shall | 3 | | consider services and functions performed by the school | 4 | | district that may be shared or consolidated with other school | 5 | | districts, including, but not limited to, bidding and | 6 | | purchasing, back-office functions such as payroll and | 7 | | accounting, information technology, professional development, | 8 | | grant writing, food service management, administrative | 9 | | positions, and educational functions. The State Board of | 10 | | Education shall adopt administrative rules for the schedule, | 11 | | process, and reporting of the reviews performed in accordance | 12 | | with this subsection (b). | 13 | | (c) For school districts determined by a regional | 14 | | superintendent or executive director of an educational service | 15 | | center to be fiscally inefficient, the regional superintendent | 16 | | or executive director and school district shall jointly prepare | 17 | | a plan that addresses and considers actions that may improve | 18 | | the district's fiscal efficiency, including, but not limited | 19 | | to, the sharing of services, the establishment of cooperative | 20 | | educational or operational programs pursuant to Section | 21 | | 3-15.14 of this Code, and school district consolidation or | 22 | | reorganization. The plan must be approved by the school board | 23 | | and published on the Internet website for the school district, | 24 | | if any. | 25 | | (d) Any school district may submit a plan to the regional | 26 | | superintendent or executive director of an educational service |
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| 1 | | center serving the school district demonstrating that the | 2 | | school district is highly fiscally efficient or has established | 3 | | plans and a timeline for becoming highly fiscally efficient. | 4 | | The regional superintendent or executive director of an | 5 | | educational service center shall review the plan and | 6 | | independently determine whether the school district is highly | 7 | | fiscally efficient or has established plans and a timeline for | 8 | | becoming highly fiscally efficient. | 9 | | (e) The State Board of Education shall establish sanctions | 10 | | for fiscally inefficient districts that fail to adopt or make | 11 | | adequate progress on implementing a plan to improve fiscal | 12 | | efficiency. Sanctions may include, but are not limited to, any | 13 | | one or more of the following: | 14 | | (1) ineligibility or a lower priority for any | 15 | | discretionary grant program administered by the State | 16 | | Board of Education, unless the State Board of Education is | 17 | | prohibited by law from considering fiscal efficiency as | 18 | | part of the program; | 19 | | (2) a requirement that the district's fiscal | 20 | | efficiency plan be developed or modified in consultation | 21 | | with and with the approval of a designee of the State Board | 22 | | of Education; | 23 | | (3) a requirement that the school district's annual | 24 | | budget for each fiscal year required by Section 17-1 of | 25 | | this Code be approved by a designee of the State Board of | 26 | | Education; |
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| 1 | | (4) a requirement that the school district undertake a | 2 | | school district reorganization study; or | 3 | | (5) after more than 3 years of failure to improve | 4 | | fiscal efficiency, nonrecognition of the school district. | 5 | | If a school district is nonrecognized in its entirety, it | 6 | | shall automatically be dissolved on July 1 following that | 7 | | nonrecognition and its territory realigned with another | 8 | | school district or districts by the regional board of | 9 | | school trustees in accordance with the procedures set forth | 10 | | in Section 7-11 of this Code. | 11 | | (f) The State Board of Education shall establish incentives | 12 | | for highly fiscally efficient school districts. Incentives may | 13 | | include, but are not limited to, a higher priority for any | 14 | | discretionary grant program administered by the State Board of | 15 | | Education, unless the State Board of Education is prohibited by | 16 | | law from considering fiscal efficiency as part of the program. | 17 | | (g) The State Board of Education is authorized to | 18 | | administer a Fiscal Efficiency Revolving Loan Program from | 19 | | funds appropriated from the Fiscal Efficiency Revolving Loan | 20 | | Fund for the purpose of financing cooperative educational or | 21 | | operational programs that improve fiscal efficiency. Fiscal | 22 | | efficiency loans shall be made available to the fiscal agent of | 23 | | a cooperative educational or operational program established | 24 | | pursuant to Section 3-15.14 of this Code or a fiscal agent | 25 | | established by intergovernmental agreement of 2 or more school | 26 | | districts. |
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| 1 | | The State Board of Education shall determine the interest | 2 | | rate the loans shall bear, which shall not be greater than 50% | 3 | | of the rate for the most recent date shown in the 20 G.O. Bonds | 4 | | Index of average municipal bond yields as published in the most | 5 | | recent edition of The Bond Buyer, published in New York, New | 6 | | York. The repayment period for fiscal efficiency loans shall | 7 | | not exceed 7 years. | 8 | | The State Board of Education shall have the authority to | 9 | | adopt all rules necessary for the implementation and | 10 | | administration of the Fiscal Efficiency Revolving Loan | 11 | | Program, including, but not limited to, rules defining | 12 | | application procedures, requiring appropriate local | 13 | | commitments, prescribing a mechanism for disbursing loan funds | 14 | | in the event requests exceed available funds, specifying | 15 | | collateral, and prescribing actions necessary to protect the | 16 | | State's interest in the event of default, foreclosure, or | 17 | | noncompliance with the terms and conditions of the loans. | 18 | | (h) There is created in the State treasury the Fiscal | 19 | | Efficiency Revolving Loan Fund. The State Board of Education | 20 | | shall have the authority to make expenditures from the Fund | 21 | | pursuant to appropriations made for the purposes of this | 22 | | Section, including refunds. Amounts shall be deposited into the | 23 | | Fund, including, but not limited to, the following: | 24 | | (1) all receipts, including principal and interest
| 25 | | payments, from any loan made from the Fund; | 26 | | (2) all proceeds of assets of whatever nature
received |
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| 1 | | by the State Board as a result of default or delinquency | 2 | | with respect to loans made from the Fund; | 3 | | (3) any appropriations, grants, or gifts made to the
| 4 | | Fund; and | 5 | | (4) any income received from interest on investments
of | 6 | | money in the Fund.
| 7 | | Section 10. The State Finance Act is amended by adding | 8 | | Section 5.786 as follows: | 9 | | (30 ILCS 105/5.786 new) | 10 | | Sec. 5.786. The Fiscal Efficiency Revolving Loan Fund. ".
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