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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
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Sections
52-3.62, 3-1, 3-1.1, 3-2, 3-2.5, 3-6, 3-15.6, 3-15.8, 3-15.14,
63A-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
10be established by the State Board of Education to coordinate
11and combine existing services in a manner which is practical
12and efficient and to provide new services to schools as
13provided in this Section. Services to be made available by such
14centers shall include the planning, implementation and
15evaluation 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,
6coordination and planning in other program areas such as school
7improvement, school accountability, financial planning,
8consultation, and services, career guidance, early childhood
9education, alcohol/drug education and prevention, family life -
10 sex education, electronic transmission of data from school
11districts to the State, alternative education and regional
12special education, and telecommunications systems that provide
13distance learning. Such telecommunications systems may be
14obtained through the Department of Central Management Services
15pursuant to Section 405-270 of the Department of Central
16Management Services Law (20 ILCS 405/405-270). The programs and
17services of educational service centers may be offered to
18private school teachers and private school students within each
19service center area provided public schools have already been
20afforded adequate access to such programs and services.
21    Upon the abolition of the office, removal from office,
22disqualification for office, resignation from office, or
23expiration of the current term of office of the regional
24superintendent of schools, whichever is earlier, centers
25serving that portion of a Class II county school unit outside
26of a city of 500,000 or more inhabitants shall have and

 

 

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1exercise, in and with respect to each educational service
2region having a population of 2,000,000 or more inhabitants and
3in and with respect to each school district located in any such
4educational service region, all of the rights, powers, duties,
5and responsibilities theretofore vested by law in and exercised
6and performed by the regional superintendent of schools for
7that area under the provisions of this Code or any other laws
8of this State.
9    On or before June 1, 2012, with consideration given to any
10recommendation received from the governing board for each
11educational service center serving that portion of a Class II
12county school unit outside of a city of 500,000 or more
13inhabitants and from the State Superintendent of Education, the
14State Board of Education shall appoint an executive director
15for each educational service center serving that portion of a
16Class II county school unit outside of a city of 500,000 or
17more inhabitants, who shall enter upon the discharge of his or
18her duties on July 1, 2012. Each executive director appointed
19pursuant to this paragraph shall serve a term of either 2, 3,
20or 4 years, as established by the State Board of Education.
21Thereafter, prior to the expiration of the term of each
22executive director, the State Board of Education shall appoint
23or re-appoint an executive director for each educational
24service center serving that portion of a Class II county school
25unit outside of a city of 500,000 or more inhabitants to serve
26for a 4-year term.

 

 

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1    Executive directors for educational service centers
2serving that portion of a Class II county school unit outside
3of a city of 500,000 or more inhabitants shall serve under a
4performance-based contract with the State Board of Education
5that provides funding for the salary of the executive director
6and other staff necessary to provide core services and for
7other expenses necessary to provide core services, as such core
8services are defined by the State Board of Education in the
9performance-based contract. The performance-based contract
10shall include a regional plan to improve academic performance
11within the region served by the educational service center,
12improve fiscal efficiency of school districts as determined
13pursuant to Section 17-1.10 of this Code, eliminate duplication
14of services and duplicative expenditures of resources both
15within the educational service region and across educational
16service regions, provide for joint purchasing, and consolidate
17overlapping regional service delivery systems. Performance
18metrics for the executive director and the educational service
19center shall include, but are not limited to, metrics based on
20progress toward attaining the goals and objectives in the
21regional plan, adherence to accreditation standards adopted by
22the State Board of Education for educational service centers,
23program service evaluations, indicators of district academic
24performance, and indicators of district fiscal efficiency.
25    In addition to core services defined in the
26performance-based contract, educational service centers may

 

 

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1provide other services funded through public or private grants
2or delivered to school districts on a fee-for-service basis.
3    The State Board of Education may terminate the appointment
4of an executive director, terminate the performance-based
5contract for the educational service center, or withhold or
6reduce funding to the educational service center for cause,
7including failure to achieve satisfactory performance. The
8contract is subject to termination in the event of
9consolidation of the educational service region with another
10educational service region pursuant to Section 3A-4 of this
11Code.
12    In the event of resignation or removal of an executive
13director prior to the expiration of his or her term, the State
14Board of Education shall appoint an interim executive director
15to serve for the remainder of the term.
16    The State Board of Education shall promulgate rules and
17regulations necessary to implement this Section. The rules
18shall include detailed standards which delineate the scope and
19specific content of programs to be provided by each Educational
20Service Center, as well as the specific planning,
21implementation and evaluation services to be provided by each
22Center relative to its programs. The Board shall also provide
23the standards by which it will evaluate the programs provided
24by each Center.
25    (b) Centers serving Class 1 county school units shall be
26governed by an 11-member board, 3 members of which shall be

 

 

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1public school teachers nominated by the local bargaining
2representatives to the appropriate regional superintendent for
3appointment and no more than 3 members of which shall be from
4each of the following categories, including but not limited to
5superintendents, regional superintendents, school board
6members and a representative of an institution of higher
7education. The members of the board shall be appointed by the
8regional superintendents whose school districts are served by
9the educational service center. The composition of the board
10will reflect the revisions of this amendatory Act of 1989 as
11the terms of office of current members expire.
12    (c) The centers shall be of sufficient size and number to
13assure delivery of services to all local school districts in
14the State.
15    (d) From monies appropriated for this program the State
16Board of Education shall provide grants to qualifying
17Educational Service Centers applying for such grants in
18accordance with rules and regulations promulgated by the State
19Board of Education to implement this Section.
20    (e) The governing authority of each of the 18 regional
21educational service centers shall appoint a family life - sex
22education advisory board consisting of 2 parents, 2 teachers, 2
23school administrators, 2 school board members, 2 health care
24professionals, one library system representative, and the
25director of the regional educational service center who shall
26serve as chairperson of the advisory board so appointed.

 

 

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1Members of the family life - sex education advisory boards
2shall serve without compensation. Each of the advisory boards
3appointed pursuant to this subsection shall develop a plan for
4regional teacher-parent family life - sex education training
5sessions and shall file a written report of such plan with the
6governing board of their regional educational service center.
7The directors of each of the regional educational service
8centers shall thereupon meet, review each of the reports
9submitted by the advisory boards and combine those reports into
10a single written report which they shall file with the Citizens
11Council on School Problems prior to the end of the regular
12school term of the 1987-1988 school year.
13    (f) The 14 educational service centers serving Class I
14county school units shall be disbanded on the first Monday of
15August, 1995, and their statutory responsibilities and
16programs shall be assumed by the regional offices of education,
17subject to rules and regulations developed by the State Board
18of Education. The regional superintendents of schools elected
19by the voters residing in all Class I counties shall serve as
20the chief administrators for these programs and services. By
21rule of the State Board of Education, the 10 educational
22service regions of lowest population shall provide such
23services 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
2Election; eligibility. Quadrennially there shall be elected in
3every county, except those which have been consolidated into a
4multicounty educational service region under Article 3A and
5except those having a population of 2,000,000 or more
6inhabitants, a regional superintendent of schools, who shall
7enter upon the discharge of his duties on the first Monday of
8August next after his election; provided, however, that the
9term of office of each regional superintendent of schools in
10office on the effective date of this amendatory Act of the 97th
11General Assembly June 30, 2003 is terminated on July 1, 2012
122003, except that an incumbent regional superintendent of
13schools shall continue to serve until his successor is
14appointed pursuant to this Section. elected and qualified, and
15each regional superintendent of schools elected at the general
16election in 2002 and every four years thereafter shall assume
17office on the first day of July next after his election. No one
18is eligible to file his petition at any primary election for
19the nomination as candidate for the office of regional
20superintendent of schools nor to enter upon the duties of such
21office either by election or appointment unless he possesses
22the following qualifications: (1) he is of good character, (2)
23he has a master's degree, (3) he has earned at least 20
24semester hours of credit in professional education at the
25graduate level, (4) he holds a valid all grade supervisory
26certificate or a valid state limited supervisory certificate,

 

 

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1or a valid state life supervisory certificate, or a valid
2administrative certificate, (5) he has had at least 4 years
3experience in teaching, and (6) he was engaged for at least 2
4years of the 4 previous years in full time teaching or
5supervising in the common public schools or serving as a county
6superintendent of schools or regional superintendent of
7schools for an educational service region in the State of
8Illinois.
9    On or before June 1, 2012, with consideration given to any
10recommendation received from the advisory board for each
11regional office of education established pursuant to Section
123A-16 of this Code and from the State Superintendent of
13Education, the State Board of Education shall appoint a
14regional superintendent of schools in every educational
15service region, including a multi-county educational service
16region under Article 3A of this Code, except those having a
17population of 2,000,000 or more inhabitants, who shall enter
18upon the discharge of his or her duties on July 1, 2012. Each
19regional superintendent appointed on or before June 1, 2012
20shall serve a term of either 2, 3, or 4 years, as established
21by the State Board of Education. Thereafter, prior to the
22expiration of the term of each regional superintendent, the
23State Board of Education shall appoint or re-appoint a regional
24superintendent of schools in every educational service region,
25including a multi-county educational service region under
26Article 3A of this Code, except those having a population of

 

 

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12,000,000 or more inhabitants, to serve for a 4-year term.
2    Regional superintendents shall serve under a
3performance-based contract with the State Board of Education
4that provides funding for the salary of the regional
5superintendent, any assistant regional superintendents, and
6other staff necessary to provide core services and for other
7expenses necessary to provide core services, as such core
8services are defined by the State Board of Education in the
9performance-based contract. The performance-based contract
10shall include a regional plan to improve academic performance
11within the educational service region, improve fiscal
12efficiency of school districts as determined pursuant to
13Section 17-1.10 of this Code, eliminate duplication of services
14and duplicative expenditures of resources both within the
15educational service region and across educational service
16regions, provide for joint purchasing, and consolidate
17overlapping regional service delivery systems. Performance
18metrics for the regional superintendent and the regional office
19of education shall include, but are not limited to, metrics
20based on progress toward attaining the goals and objectives in
21the regional plan, adherence to accreditation standards
22adopted by the State Board of Education for regional offices of
23education, program service evaluations, indicators of district
24academic performance, and indicators of district fiscal
25efficiency.
26    In addition to core services defined in the

 

 

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1performance-based contract, regional offices of education may
2provide other services funded through public or private grants
3or delivered to school districts on a fee-for-service basis.
4    The State Board of Education may terminate the appointment
5of a regional superintendent, terminate the performance-based
6contract for the regional office of education, or withhold or
7reduce funding to the regional office of education for cause,
8including failure to achieve satisfactory performance. The
9contract is subject to termination in the event of
10consolidation of the educational service region with another
11educational service region pursuant to Section 3A-4 of this
12Code.
13    In the event of resignation or removal of a regional
14superintendent prior to the expiration of his or her term, the
15State Board of Education shall appoint an interim regional
16superintendent to serve for the remainder of the term.
17    No petition of any candidate for nomination for the office
18of regional superintendent of schools may be filed and no such
19candidate's name may be placed on a primary or general election
20ballot, unless such candidate files as part of his petition a
21certificate from the State Board of Education certifying that
22from the records of its office such candidate has the
23qualifications required by this Section; however, any
24incumbent filing his petition for nomination for a succeeding
25term of office shall not be required to attach such certificate
26to his petition of candidacy.

 

 

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1    Nomination papers filed under this Section are not valid
2unless the candidate named therein files with the county clerk
3or State Board of Elections a statement of economic interests
4as required by the Illinois Governmental Ethics Act. Such
5receipt shall be so filed either previously during the calendar
6year in which his nomination papers were filed or within the
7period for the filing of nomination papers in accordance with
8the general election law.
9    The changes in qualifications made by Public Act 76-1563 do
10not affect the right of an incumbent to seek reelection.
11    On and after July 1, 1994, the provisions of this Section
12shall have no application in any educational service region
13having a population of 2,000,000 or more inhabitants; provided
14further that no election shall be held in November of 1994 or
15at any other time after July 1, 1992 for the office of regional
16superintendent of schools in any county or educational service
17region 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
22district is located in more than one educational service
23region, a qualified elector residing in that unit school
24district but outside of the educational service region
25administered by the regional superintendent of schools having

 

 

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1supervision and control over that unit school district shall be
2eligible to vote in any election held to elect the regional
3superintendent of schools of the educational service region
4that is administered by the regional superintendent of schools
5who has supervision and control over that unit school district,
6but the elector shall not also be eligible to vote in the
7election held to elect the regional superintendent of schools
8of the educational service region in which the elector resides.
9    Not less than 100 days before each general primary
10election, the regional superintendent of schools shall certify
11to the State Board of Elections a list of each unit school
12district under his or her supervision and control and each
13county in which all or any part of each of those districts is
14located. The State Board of Elections shall certify each of
15those unit school districts and counties to the appropriate
16election authorities within 20 days after receiving the list
17certified by the regional superintendent of schools.
18    The election authority in a single county educational
19service region whose regional superintendent of schools
20exercises supervision and control over a unit school district
21that is located in that single county educational service
22region and in one or more other educational service regions
23shall certify to the election authority of each of those other
24educational service regions in which the unit school district
25is located the candidates for the office of the regional
26superintendent of schools exercising supervision and control

 

 

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1over 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
7upon his or her duties a regional superintendent of schools
8shall take and subscribe the oath prescribed by the
9Constitution and execute a bond payable to the People of the
10State of Illinois with 2 or more responsible persons having an
11interest in real estate as sureties (or, if the county is
12self-insured, the county through its self-insurance program
13may provide bonding), to be approved by the county board in a
14penalty of not less than $100,000, conditioned upon the
15faithful discharge of his or her duties and upon the delivery
16to his or her successor in office of all monies, books, papers
17and property in his or her custody as such regional
18superintendent of schools.
19    This bond shall be filed in the office of the county clerk,
20and action upon it may be maintained by any corporate body
21interested, for the benefit of any township or fund injured by
22any breach of its condition.
23    If any vacancy in the office of regional superintendent of
24schools occurs, such vacancy shall be filled in the manner
25provided by Section 3A-6.

 

 

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1    Regional Superintendents of Schools shall receive the
2salary provided by Section 3-2.5.
3    On and after July 1, 1994, the provisions of this Section
4shall have no application in any educational service region
5having 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
11regional superintendents of schools shall receive for their
12services an annual salary according to the population, as
13determined by the last preceding federal census, of the region
14they serve, as set out in the following schedule:
15SALARIES OF REGIONAL SUPERINTENDENTS OF
16SCHOOLS
17    POPULATION OF REGION                 ANNUAL SALARY
18    Less than 48,000                     $73,500
19    48,000 to 99,999                     $78,000
20    100,000 to 999,999                   $81,500
21    1,000,000 and over                   $83,500
22    The changes made by Public Act 86-98 in the annual salary
23that the regional superintendents of schools shall receive for
24their services shall apply to the annual salary received by the
25regional superintendents of schools during each of their

 

 

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1elected terms of office that commence after July 26, 1989 and
2before the first Monday of August, 1995.
3    The changes made by Public Act 89-225 in the annual salary
4that regional superintendents of schools shall receive for
5their services shall apply to the annual salary received by the
6regional superintendents of schools during their elected terms
7of office that commence after August 4, 1995 and end on August
81, 1999.
9    The changes made by this amendatory Act of the 91st General
10Assembly in the annual salary that the regional superintendents
11of schools shall receive for their services shall apply to the
12annual salary received by the regional superintendents of
13schools during each of their elected terms of office that
14commence on or after August 2, 1999.
15    Beginning July 1, 2000, the salary that the regional
16superintendent of schools receives for his or her services
17shall be adjusted annually to reflect the percentage increase,
18if any, in the most recent Consumer Price Index, as defined and
19officially reported by the United States Department of Labor,
20Bureau of Labor Statistics, except that no annual increment may
21exceed 2.9%. If the percentage of change in the Consumer Price
22Index is a percentage decrease, the salary that the regional
23superintendent of schools receives shall not be adjusted for
24that year.
25    When regional superintendents are authorized by the School
26Code to appoint assistant regional superintendents, the

 

 

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1assistant regional superintendent shall receive an annual
2salary based on his or her qualifications and computed as a
3percentage of the salary of the regional superintendent to whom
4he or she is assistant, as set out in the following schedule:
5SALARIES OF ASSISTANT REGIONAL
6SUPERINTENDENTS
7    QUALIFICATIONS OF                    PERCENTAGE OF SALARY
8    ASSISTANT REGIONAL                   OF REGIONAL
9    SUPERINTENDENT                       SUPERINTENDENT
10    No Bachelor's degree, but State
11    certificate valid for teaching
12    and supervising.                     70%    
13    Bachelor's degree plus
14    State certificate valid
15    for supervising.                     75%    
16    Master's degree plus
17    State certificate valid
18    for supervising.                     90%    
19    However, in any region in which the appointment of more
20than one assistant regional superintendent is authorized,
21whether by Section 3-15.10 of this Code or otherwise, not more
22than one assistant may be compensated at the 90% rate and any
23other assistant shall be paid at not exceeding the 75% rate, in
24each case depending on the qualifications of the assistant.
25    The salaries provided in this Section for regional
26superintendents and assistant regional superintendents are

 

 

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1payable monthly. The State Comptroller in making his or her
2warrant to any county for the amount due it shall deduct from
3it the several amounts for which warrants have been issued to
4the regional superintendent, and any assistant regional
5superintendent, of the educational service region encompassing
6the county since the preceding apportionment.
7    County boards may provide for additional compensation for
8the regional superintendent or the assistant regional
9superintendents, or for each of them, to be paid quarterly from
10the county treasury.
11    This subsection (a) applies only until July 1, 2012.
12    (b) Upon abolition of the office of regional superintendent
13of schools in educational service regions containing 2,000,000
14or more inhabitants as provided in Section 3-0.01 of this Code,
15the funds provided under subsection (a) of this Section shall
16continue to be appropriated and reallocated, as provided for
17pursuant to subsection (b) of Section 3-0.01 of this Code, to
18the educational service centers established pursuant to
19Section 2-3.62 of this Code for an educational service region
20containing 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
23contributions required under Section 16-152 of the Illinois
24Pension Code for employees of the State Board of Education, it
25shall also pay the employee contributions required of regional
26superintendents of schools and assistant regional

 

 

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1superintendents of schools on the same basis, but excluding any
2contributions based on compensation that is paid by the county
3rather than the State.
4    This subsection (c) applies to contributions based on
5payments of salary earned after the effective date of this
6amendatory Act of the 91st General Assembly, except that in the
7case of an elected regional superintendent of schools, this
8subsection does not apply to contributions based on payments of
9salary earned during a term of office that commenced before the
10effective date of this amendatory Act.
11(Source: P.A. 96-893, eff. 7-1-10; 96-1086, eff. 7-16-10;
12revised 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
15vouchers for inspection. The regional superintendent shall
16report, in writing, to the county board and the State Board of
17Education, on or before January 1 of each year, stating, (1)
18the balance on hand at the time of the last report, and all
19receipts since that date, with the sources from which they were
20derived; (2) the amount distributed to each of the school
21treasurers in his county; (3) any balance on hand. At the same
22time he shall present for inspection his books and vouchers for
23all expenditures, and submit in writing a statement of the
24condition of the institute fund and of any other funds in his
25care, 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
4approval of the county board, such additional employees as are
5needed for the discharge of the duties of the office, subject
6to the terms of a performance-based contract with the State
7Board of Education. The non-clerical employees shall be persons
8versed in the principles and methods of education, familiar
9with public school work, competent to visit schools and
10certificated pursuant to this Code if their duties are
11comparable to those for which certification is required by this
12Code.
13    On and after July 1, 1994, the provisions of this Section
14shall have no application in any educational service region
15having 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
19before November 15, annually, to present to the State Board of
20Education such information relating to schools in his region as
21the State Board of Education may require. The regional
22superintendent shall provide such other reports as are required
23under a performance-based contract with the State Board of
24Education.

 

 

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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
4Programs. To administer and direct a cooperative or joint
5educational or operational program or project when 2 or more
6districts request and authorize him to provide and administer
7these services. Each regional superintendent of schools shall,
8on an annual basis, develop proposed joint educational or
9operational programs and solicit school district participation
10in such programs. The regional superintendent He may provide
11and contract for the staff, space, necessary materials,
12supplies, books and apparatus for such agreements. The school
13boards of the respective districts shall pay to the regional
14superintendent the pro rata share of the expenses of the
15operation of such programs, and the regional superintendent
16shall use such funds in payment of such operational expenses.
17The regional superintendent shall collect and remit the
18required pension contributions from the participating
19districts if the board of control of the program participates
20in Article 7 of the Illinois Pension Code.
21    A board of control composed of one member from each
22cooperating district and one member from the office of the
23regional superintendent will set policy for the cooperative.
24The agreement establishing the cooperative may provide that the
25cooperative shall act as its own administrative district and

 

 

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1shall be an entity separate and apart from the Educational
2Service Region.
3    Each regional superintendent that is the administrator of a
4joint agreement shall cause an annual financial statement to be
5submitted on forms prescribed by the State Board of Education
6exhibiting the financial condition of the program established
7pursuant to the joint agreement for the fiscal year ending on
8the immediately preceding June 30.
9    The regional superintendent may also administer, direct
10and account for educational or operational programs of single
11or multi-county educational service region, or of
12multi-regional design which are sponsored and financed by State
13or federal educational agencies, or by both such agencies. In
14cases where funding for any such approved program is delayed,
15the regional superintendent may borrow the funds required to
16begin operation of the program in accordance with the terms of
17the grant; and the principal amount so borrowed, together with
18the interest due thereon, shall be paid from the grant moneys
19when 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
23regions.
24    (a) After October 15, 1993, each region must contain at
25least 43,000 inhabitants. Regions may be consolidated

 

 

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1voluntarily under Section 3A-3 or by joint resolution of the
2county boards of regions seeking to join a voluntary
3consolidation to meet these population requirements. The
4boundaries of regions already meeting these population
5requirements on the effective date of this amendatory Act of
61993 may not be changed except to consolidate with another
7region or a whole county portion of another region which does
8not meet these population requirements. If locally determined
9consolidation decisions result in more than 45 regions of
10population greater than 43,000 each, the State Board of
11Education shall direct further consolidation, beginning with
12the region of lowest population, until the number of 45 regions
13is achieved.
14    (b) (Blank).
15    (c) If any region does not meet the population requirements
16of this Section the State Board of Education, within 15 days
17after the above said dates, shall direct such consolidation of
18that region with another region or regions to which it is
19contiguous as will result in a region conforming to these
20population requirements.
21    (d) All population determinations shall be based on the
22most recent federal census.
23    (e) The State Board of Education may direct the
24consolidation 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
5office of the regional superintendents of schools included
6within the consolidation shall expire. Prior to any such
7direction, the State Board of Education shall solicit comments
8on the consolidation from stakeholders within the affected
9educational service regions and hold a public hearing on the
10consolidation in one of the affected educational service
11regions.
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
15consolidation of regions, whether under Section 3A-3 or 3A-4,
16shall take effect at the expiration of the terms of office of
17the regional superintendents in office at the time the
18consolidation is approved under Section 3A-3 or directed under
19Section 3A-4, provided that a consolidation under subsection
20(e) of Section 3A-4 shall take effect on the date established
21by the State Board of Education in its direction to
22consolidate. However, at the regular election immediately
23preceding the effective date of the consolidation at which
24regional superintendents are to be elected in accordance with
25the general election law, regional superintendents shall not be

 

 

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1elected from each of the regions comprising the consolidated
2region, but one regional superintendent shall be elected to
3take 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
8region - Bond - Vacancies in any educational service region.
9    (a) The regional superintendent to be elected under Section
103A-5 shall be elected at the time provided in the general
11election law and must possess the qualifications described in
12Section 3-1 of this Act.
13    (b) The bond required under Section 3-2 shall be filed in
14the office of the county clerk in the county where the regional
15office is situated, and a certified copy of that bond shall be
16filed in the office of the county clerk in each of the other
17counties in the region.
18    (c) When a vacancy occurs in the office of regional
19superintendent of schools of any educational service region
20which is not located in a county which is a home rule unit,
21such vacancy shall be filled within 60 days (i) by appointment
22of the chairman of the county board, with the advice and
23consent of the county board, when such vacancy occurs in a
24single county educational service region; or (ii) by
25appointment of a committee composed of the chairmen of the

 

 

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1county boards of those counties comprising the affected
2educational service region when such vacancy occurs in a
3multicounty educational service region, each committeeman to
4be entitled to one vote for each vote that was received in the
5county represented by such committeeman on the committee by the
6regional superintendent of schools whose office is vacant at
7the last election at which a regional superintendent was
8elected to such office, and the person receiving the highest
9number of affirmative votes from the committeemen for such
10vacant office to be deemed the person appointed by such
11committee to fill the vacancy. The appointee shall be a member
12of the same political party as the regional superintendent of
13schools the appointee succeeds was at the time such regional
14superintendent of schools last was elected. The appointee shall
15serve for the remainder of the term. However, if more than 28
16months remain in that term, the appointment shall be until the
17next general election, at which time the vacated office shall
18be filled by election for the remainder of the term.
19Nominations shall be made and any vacancy in nomination shall
20be 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.
22The provisions of Sections 10-8 through 10-10.1 of the Election
23Code relating to objections to nomination papers, hearings on
24objections, and judicial review shall also apply to and govern
25objections to nomination papers and resolutions for filling
26vacancies in nomination filed pursuant to this Section. Unless

 

 

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1otherwise specified in this Section, the nomination and
2election provided for in this Section is governed by the
3general election law.
4    Except as otherwise provided by applicable county
5ordinance or by law, if a vacancy occurs in the office of
6regional superintendent of schools of an educational service
7region that is located in a county that is a home rule unit and
8that has a population of less than 2,000,000 inhabitants, that
9vacancy shall be filled by the county board of such home rule
10county.
11    Any person appointed to fill a vacancy in the office of
12regional superintendent of schools of any educational service
13region must possess the qualifications required to be elected
14to the position of regional superintendent of schools, and
15shall obtain a certificate of eligibility from the State
16Superintendent of Education and file same with the county clerk
17of the county in which the regional superintendent's office is
18located.
19    If the regional superintendent of schools is called into
20the active military service of the United States, his office
21shall not be deemed to be vacant, but a temporary appointment
22shall be made as in the case of a vacancy. The appointee shall
23perform all the duties of the regional superintendent of
24schools during the time the regional superintendent of schools
25is in the active military service of the United States, and
26shall be paid the same compensation apportioned as to the time

 

 

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1of service, and such appointment and all authority thereunder
2shall cease upon the discharge of the regional superintendent
3of schools from such active military service. The appointee
4shall give the same bond as is required of a regularly elected
5regional 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
11Education shall establish criteria and metrics for determining
12the fiscal efficiency of school districts and for identifying
13districts that are fiscally inefficient and highly fiscally
14efficient. The criteria and metrics shall include, but are not
15limited to, consideration of expenditures per pupil, resources
16available for the district's instructional program,
17expenditures for administrative expenditures as defined in
18Section 17-1.5 of this Code, and the extent of cooperative and
19shared services arrangements utilized by the school district.
20    (b) Using the criteria and metrics for fiscal efficiency
21established by the State Board of Education pursuant to
22subsection (a) of this Section, each regional superintendent of
23schools and executive director of an educational service center
24serving that portion of a Class II county school unit outside
25of a city of 500,000 or more inhabitants may review the fiscal

 

 

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1efficiency of school districts served by the regional
2superintendent or executive director. The review shall
3consider services and functions performed by the school
4district that may be shared or consolidated with other school
5districts, including, but not limited to, bidding and
6purchasing, back-office functions such as payroll and
7accounting, information technology, professional development,
8grant writing, food service management, administrative
9positions, and educational functions. The State Board of
10Education shall adopt administrative rules for the schedule,
11process, and reporting of the reviews performed in accordance
12with this subsection (b).
13    (c) For school districts determined by a regional
14superintendent or executive director of an educational service
15center to be fiscally inefficient, the regional superintendent
16or executive director and school district shall jointly prepare
17a plan that addresses and considers actions that may improve
18the district's fiscal efficiency, including, but not limited
19to, the sharing of services, the establishment of cooperative
20educational or operational programs pursuant to Section
213-15.14 of this Code, and school district consolidation or
22reorganization. The plan must be approved by the school board
23and published on the Internet website for the school district,
24if any.
25    (d) Any school district may submit a plan to the regional
26superintendent or executive director of an educational service

 

 

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1center serving the school district demonstrating that the
2school district is highly fiscally efficient or has established
3plans and a timeline for becoming highly fiscally efficient.
4The regional superintendent or executive director of an
5educational service center shall review the plan and
6independently determine whether the school district is highly
7fiscally efficient or has established plans and a timeline for
8becoming highly fiscally efficient.
9    (e) The State Board of Education shall establish sanctions
10for fiscally inefficient districts that fail to adopt or make
11adequate progress on implementing a plan to improve fiscal
12efficiency. Sanctions may include, but are not limited to, any
13one 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
12for highly fiscally efficient school districts. Incentives may
13include, but are not limited to, a higher priority for any
14discretionary grant program administered by the State Board of
15Education, unless the State Board of Education is prohibited by
16law from considering fiscal efficiency as part of the program.
17    (g) The State Board of Education is authorized to
18administer a Fiscal Efficiency Revolving Loan Program from
19funds appropriated from the Fiscal Efficiency Revolving Loan
20Fund for the purpose of financing cooperative educational or
21operational programs that improve fiscal efficiency. Fiscal
22efficiency loans shall be made available to the fiscal agent of
23a cooperative educational or operational program established
24pursuant to Section 3-15.14 of this Code or a fiscal agent
25established by intergovernmental agreement of 2 or more school
26districts.

 

 

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1    The State Board of Education shall determine the interest
2rate the loans shall bear, which shall not be greater than 50%
3of the rate for the most recent date shown in the 20 G.O. Bonds
4Index of average municipal bond yields as published in the most
5recent edition of The Bond Buyer, published in New York, New
6York. The repayment period for fiscal efficiency loans shall
7not exceed 7 years.
8    The State Board of Education shall have the authority to
9adopt all rules necessary for the implementation and
10administration of the Fiscal Efficiency Revolving Loan
11Program, including, but not limited to, rules defining
12application procedures, requiring appropriate local
13commitments, prescribing a mechanism for disbursing loan funds
14in the event requests exceed available funds, specifying
15collateral, and prescribing actions necessary to protect the
16State's interest in the event of default, foreclosure, or
17noncompliance with the terms and conditions of the loans.
18    (h) There is created in the State treasury the Fiscal
19Efficiency Revolving Loan Fund. The State Board of Education
20shall have the authority to make expenditures from the Fund
21pursuant to appropriations made for the purposes of this
22Section, including refunds. Amounts shall be deposited into the
23Fund, 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
8Section 5.786 as follows:
 
9    (30 ILCS 105/5.786 new)
10    Sec. 5.786. The Fiscal Efficiency Revolving Loan Fund.".