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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
SCHOOLS (105 ILCS 5/) School Code. 105 ILCS 5/3-1
(105 ILCS 5/3-1) (from Ch. 122, par. 3-1)
Sec. 3-1. Election; eligibility. Quadrennially there shall be
elected in every county, except those which have been consolidated into
a multicounty educational service region under Article 3A and except
those having a population of 2,000,000 or more inhabitants, a regional
superintendent of schools, who shall enter
upon the discharge of his duties on the first Monday of August next after
his election; provided, however, that the term of office of each regional
superintendent of schools in office on June 30, 2003
is terminated on
July 1, 2003, except that an incumbent regional
superintendent of schools
shall continue to serve until his successor is elected and qualified, and each
regional superintendent of schools elected at the general election in 2002 and
every four years thereafter shall assume office on the first day of July
next after his election. No one is eligible to file his petition at any
primary election for the nomination
as candidate for the office of regional superintendent of schools nor to
enter upon the duties of such office either by election or appointment
unless he possesses the following qualifications: (1) he is of good
character, (2) he has a master's degree, (3) he has earned at least 20
semester hours of credit in professional education at the graduate
level, (4) he holds a valid all grade supervisory license, a valid
State limited supervisory license, a valid state life supervisory
license, or a valid administrative license, (5) he has had at least
4 years experience in teaching, and (6) he was engaged for at least 2 years
of the 4 previous years in full time teaching or supervising in the common
public schools or serving as a county superintendent of schools or regional
superintendent of schools for an educational service region in the State of
Illinois.
No petition of any candidate for nomination for the office of regional
superintendent of schools may be filed and no such candidate's name may be
placed on a primary or general election ballot, unless such candidate files
as part of his petition a certificate from the State Board of Education
certifying that from the records of its office such candidate has the
qualifications required by this Section; however, any incumbent filing his
petition for nomination for a succeeding term of office shall not be
required to attach such certificate to his petition of candidacy.
Nomination papers filed under this Section are not valid unless the
candidate named therein files with the county clerk or State Board of
Elections a statement of economic interests as required by the Illinois
Governmental Ethics Act. Such receipt shall be so filed either previously
during the calendar year in which his nomination papers were filed or
within the period for the filing of nomination papers in accordance with
the general election law.
The changes in qualifications made by Public Act 76-1563 do not affect
the right of an incumbent to seek reelection.
On and after July 1, 1994, the provisions of this Section shall have
no application in any educational service region having a population of
2,000,000 or more inhabitants; provided further that no election shall be
held in November of 1994 or at any other time after July 1, 1992 for the office
of regional superintendent of schools in any county or educational service
region having a population of 2,000,000 or more inhabitants.
(Source: P.A. 99-30, eff. 7-10-15.)
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105 ILCS 5/3-1.1
(105 ILCS 5/3-1.1) (from Ch. 122, par. 3-1.1)
Sec. 3-1.1.
Eligible voters.
Whenever a unit school district is located
in
more than one educational service region, a qualified
elector residing in
that unit school district but outside of the educational service region
administered by the regional superintendent of schools having supervision and
control over that unit school district shall be eligible to vote in any election held to
elect the regional superintendent of schools of the educational service
region that is administered by the regional superintendent of schools who has
supervision and control over that unit school
district, but the elector shall not also be
eligible to vote in the
election held to elect the regional superintendent of schools of the
educational service region in which the elector resides.
Not less than 100 days before each general primary election, the regional
superintendent of schools shall certify to the State Board of Elections a list
of each unit school district under his or her supervision and control and each
county in which all or any part of each of those districts is located. The
State
Board of
Elections shall certify each of those unit school districts and counties to the
appropriate election authorities within 20 days after receiving the list
certified by the regional superintendent of schools.
The election authority in a single county educational service region whose
regional superintendent of schools exercises supervision and control over a
unit school district that is located in that single county educational service
region and in one or more other educational service regions shall certify to
the
election authority of each of those other educational service regions in which
the unit school district is located the candidates for the office of the
regional superintendent of schools exercising supervision and control over that
unit school district.
(Source: P.A. 87-328; 88-535.)
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105 ILCS 5/3-2
(105 ILCS 5/3-2) (from Ch. 122, par. 3-2)
Sec. 3-2.
Oath of office - Bond - Salary.
Before entering upon
his or her duties a regional superintendent of schools shall take
and subscribe the oath prescribed by the Constitution and execute a bond
payable to the People of the State of Illinois with 2 or more responsible
persons having an interest in real estate as sureties (or, if the county is
self-insured, the county through its self-insurance program may provide
bonding), to be approved by the county board in a penalty of not less than
$100,000, conditioned upon the faithful discharge of his or her duties and upon
the delivery to his or her successor in office of all monies, books, papers and
property in his or her custody as such regional superintendent of schools.
This bond shall be filed in the office of the county clerk, and action
upon it may be maintained by any corporate body interested, for the benefit
of any township or fund injured by any breach of its condition.
If any vacancy in the office of regional superintendent of schools
occurs, such vacancy shall be filled in the manner provided by Section 3A-6.
Regional Superintendents of Schools shall receive the salary provided by
Section 3-2.5.
On and after July 1, 1994, the provisions of this Section shall have no
application in any educational service region having a population of
2,000,000 or more inhabitants.
(Source: P.A. 88-387; 89-233, eff. 1-1-96.)
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105 ILCS 5/3-2.5
(105 ILCS 5/3-2.5)
Sec. 3-2.5. Salaries.
(a) Except as otherwise provided in this Section, the
regional superintendents of schools shall receive for their services an annual
salary according to the population, as determined by the last preceding federal
census, of the region they serve, as set out in the following schedule:
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SALARIES OF REGIONAL SUPERINTENDENTS OF
SCHOOLS |
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POPULATION OF REGION
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ANNUAL SALARY |
61,000 to 99,999
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$78,000 |
100,000 to 999,999
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$81,500 |
1,000,000 and over
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$83,500 |
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Beginning July 1, 2023, all regional superintendents of schools shall receive the same salary regardless of the population of the region they serve. The salary shall be equal to the middle annual salary tier.
The changes made by Public Act 86-98 in the annual salary that the
regional superintendents of schools shall receive for their services shall
apply to the annual salary received by the regional superintendents of
schools during each of their elected terms of office that
commence after
July 26, 1989 and before the first Monday of August, 1995.
The changes made by Public Act 89-225 in the annual salary that
regional superintendents of schools shall receive for their services shall
apply to the annual salary received by the regional superintendents of schools
during their elected terms of office that
commence after August 4,
1995 and end on August 1, 1999.
The changes made by this amendatory Act of the 91st General Assembly in the
annual salary that the regional superintendents of schools shall receive for
their services shall apply to the annual salary received by the regional
superintendents of schools during each of their elected terms of office that
commence on or after August 2, 1999.
Beginning July 1, 2000, the salary that the regional superintendent
of schools receives for his or her services shall be adjusted annually to
reflect the percentage increase, if any, in the most recent Consumer Price
Index, as defined and officially reported by the United States Department of
Labor, Bureau of Labor Statistics, except that no annual increment may exceed
2.9%. If the percentage of change in the
Consumer Price Index is a percentage decrease, the salary that the regional
superintendent of schools receives shall not be adjusted for that year.
When regional superintendents are authorized by the School Code to
appoint assistant regional superintendents, the assistant regional
superintendent shall receive an annual salary based on his or her
qualifications and computed as a percentage of the salary of the
regional superintendent to whom he or she is assistant, as set out in the
following schedule:
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SALARIES OF ASSISTANT REGIONAL SUPERINTENDENTS |
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QUALIFICATIONS OF
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PERCENTAGE OF SALARY |
ASSISTANT REGIONAL
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OF REGIONAL |
SUPERINTENDENT
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SUPERINTENDENT |
Bachelor's degree plus |
| State license valid | |
for supervising.
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75% |
Master's degree plus |
| State license valid | |
for supervising.
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90% |
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However, in any region in which the appointment of more than one
assistant regional superintendent is authorized, whether by Section
3-15.10 of this Code or otherwise, not more than one assistant may
be compensated at the 90% rate and any other assistant shall be paid at
not exceeding the 75% rate, in each case depending on the qualifications
of the assistant.
The salaries provided in this Section plus an amount for other employment-related compensation or benefits for regional superintendents
and assistant regional superintendents are payable monthly by the State Board of Education out of the Personal Property Tax Replacement Fund through a specific appropriation to that effect in the State Board of Education budget. The State Comptroller in making his or her warrant to
any county for the amount due it from the Personal Property Tax Replacement Fund shall deduct
from it the several amounts for which warrants have been issued to the
regional superintendent, and any assistant regional superintendent, of
the educational service region encompassing the county since the
preceding apportionment from the Personal Property Tax Replacement Fund.
County boards may provide for additional compensation for the
regional superintendent or the assistant regional superintendents, or
for each of them, to be paid quarterly from the county treasury.
(b) (Blank).
(c) If the State pays all or any portion of the employee contributions
required under Section 16-152 of the Illinois Pension Code for employees of the
State Board of Education, it shall also, subject to appropriation in the State Board of Education budget for such payments to Regional Superintendents and Assistant Regional Superintendents, pay the employee contributions required
of regional superintendents of schools and assistant regional superintendents
of schools on the same basis, but excluding any contributions based on
compensation that is paid by the county rather than the State.
This subsection (c) applies to contributions based on payments of salary
earned after the effective date of this amendatory Act of the 91st General
Assembly, except that in the case of an elected regional superintendent of
schools, this subsection does not apply to contributions based on payments of
salary earned during a term of office that commenced before the effective date
of this amendatory Act.
(d) References to "regional superintendent" in this Section shall also include the chief administrative officer of the educational service centers established under Section 2-3.62 of this Code and serving that portion of a Class II county school unit outside of a city with a population of 500,000 or more inhabitants. References to "assistant regional superintendent" in this Section shall include one assistant appointed by the chief administrative officer of the educational service centers established under Section 2-3.62 of this Code and serving that portion of a Class II county school unit outside of a city with a population of 500,000 or more inhabitants. For the purposes of calculating regional superintendent and assistant regional superintendent salaries for educational service centers established under Section 2-3.62 of this Code, populations shall be established by subtracting from the total county population the population of a city with 500,000 or more inhabitants, divided by the number of educational service centers in the county.
(Source: P.A. 103-110, eff. 6-29-23.)
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105 ILCS 5/3-3
(105 ILCS 5/3-3)
Sec. 3-3. (Repealed).
(Source: P.A. 87-1251. Repealed by P.A. 103-110, eff. 6-29-23.)
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105 ILCS 5/3-5
(105 ILCS 5/3-5) (from Ch. 122, par. 3-5)
Sec. 3-5.
Report of official acts.
The county superintendent shall present under oath or affirmation to the
county board at its meeting in September and as nearly quarterly thereafter
as it may have regular or special meetings, a report of all his acts as
county superintendent, including a list of all the schools visited with the
dates of visitation.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/3-6
(105 ILCS 5/3-6) (from Ch. 122, par. 3-6)
Sec. 3-6.
Financial report - Presentation of books and vouchers for
inspection. The regional superintendent shall report, in writing, to the
county board, on or before January 1 of each year, stating, (1) the
balance on hand at the time of the last report, and all receipts since
that date, with the sources from which they were derived; (2) the amount
distributed to each of the school treasurers in his county; (3) any
balance on hand. At the same time he shall present for inspection his
books and vouchers for all expenditures, and submit in writing a
statement of the condition of the institute fund and of any other funds
in his care, custody or control.
(Source: P.A. 81-624.)
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105 ILCS 5/3-6.1
(105 ILCS 5/3-6.1) (from Ch. 122, par. 3-6.1)
Sec. 3-6.1.
Presentation of records for financial audit.
Each
regional superintendent of schools, whether for a multicounty or for a
single county educational service region, shall present for inspection or
otherwise make available to the Auditor General, or to the agents
designated by the Auditor General, all financial statements,
books, vouchers and
other records required to be so presented or made available pursuant to
Section 2-3.17a and the rules and regulations of the
Auditor General pursuant to that Section.
(Source: P.A. 92-544, eff. 6-12-02.)
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105 ILCS 5/3-7
(105 ILCS 5/3-7) (from Ch. 122, par. 3-7)
Sec. 3-7.
Failure to prepare and forward information.
If the trustees of schools of any township in Class II county school
units, or any school district which forms a part of a Class II county
school unit but which is not subject to the jurisdiction of the trustees of
schools of any township in which such district is located, or any
school district in any Class I county school units fail to
prepare and forward or cause to be prepared and forwarded to the regional
superintendent of schools, reports required by this Act, the regional
superintendent of schools shall furnish such information or he shall
employ a person or persons to furnish such information, as far as
practicable. Such person shall have access to the books, records and
papers of the school district to enable him or them to prepare such
reports, and the school district shall permit such person or persons to
examine such books, records and papers at such time and such place as
such person or persons may desire for the purpose aforesaid. For such
services the regional superintendent of schools shall bill the district an
amount to cover the cost of preparation of such reports if he employs a
person to prepare such reports.
Each school district shall, as of June 30 of each year, cause an audit
of its accounts to be made by a person lawfully qualified to practice
public accounting as regulated by the Illinois Public Accounting Act. Such
audit shall include financial statements of the district applicable to the
type of records required by other sections of this Act and in addition
shall set forth the scope of audit and shall include the professional
opinion signed by the auditor, or if such an opinion is denied by the
auditor, shall set forth the reasons for such denial. Each school district
shall on or before October 15 of each year, submit an original and one copy
of such audit to the regional superintendent of schools in the educational
service region having jurisdiction in which case the regional
superintendent of schools shall be relieved of responsibility in regard to
the accounts of the school district. If any school district fails to supply
the regional superintendent of schools with a copy of such audit report on
or before October 15, or within such time extended by the regional
superintendent of schools from that date, not to exceed 60 days, then it
shall be the responsibility of the regional superintendent of schools
having jurisdiction to cause such audit to be made by employing an
accountant licensed to practice in the State of Illinois to conduct such
audit and shall bill the district for such services, or shall with the
personnel of his office make such audit to his satisfaction and bill the
district for such service. In the latter case, if the audit is made by
personnel employed in the office of the regional superintendent of schools
having jurisdiction, then the regional superintendent of schools shall not
be relieved of the responsibility as to the accountability of the school
district. The copy of the audit shall be forwarded by the regional
superintendent to the State Board of Education on or before November 15 of
each year and shall be filed by the State Board of Education.
Each school district that is the administrative district for several
school districts operating under a joint agreement as authorized by this
Act shall, as of June 30 each year, cause an audit of the accounts of the
joint agreement to be made by a person lawfully qualified to practice
public accounting as regulated by the Illinois Public Accounting Act. Such
audit shall include financial statements of the operation of the joint
agreement applicable to the type of records required by this Act and, in
addition, shall set forth the scope of the audit and shall include the
professional opinion signed by the auditor, or if such an opinion is
denied, the auditor shall set forth the reason for such denial. Each
administrative district of a joint agreement shall on or before October 15
each year, submit an original and one copy of such audit to the regional
superintendent of schools in the educational service region having
jurisdiction in which case the regional superintendent of schools shall be
relieved of responsibility in regard to the accounts of the joint
agreement. The copy of the audit shall be forwarded by the regional
superintendent to the State Board of Education on or before November 15 of
each year and shall be filed by the State Board of Education. The cost of
such an audit shall be apportioned among and paid by the several districts
who are parties to the joint agreement, in the same manner as
other costs and expenses accruing to the districts jointly.
The State Board of Education shall determine the adequacy
of the audits. All audits shall be kept on file in the office of the
State Board of Education.
(Source: P.A. 86-1441; 87-473 .)
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105 ILCS 5/3-8
(105 ILCS 5/3-8) (from Ch. 122, par. 3-8)
Sec. 3-8.
School treasurer's bond - Duties of regional superintendent.
Whenever the bond of any school treasurer, approved by the trustees
of schools or school board as required by law, is filed with the regional
superintendent of schools, he shall carefully examine it, and if it is
found to be in all respects according to law, and the sureties
sufficient, he shall endorse his approval thereon, and file it with the
papers of his office; but if the bond is in any respect defective, or if
the penalty is or sureties are insufficient, he shall return it for
correction. When the bond has been received and filed, the
superintendent shall, on demand, deliver to the school treasurer a
written statement certifying that his bond has been approved and filed
and that the school treasurer is entitled to the care and custody, on
demand, of all moneys and securities belonging to the township or
district for which he is treasurer and all books and papers pertaining
to his office. The regional superintendent of schools shall file with the
State Board of Education before September 1 in each year an
affidavit showing which treasurers of school districts under his
supervision and control are properly bonded.
(Source: P.A. 81-1508.)
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105 ILCS 5/3-9
(105 ILCS 5/3-9) (from Ch. 122, par. 3-9)
Sec. 3-9. School funds; apportionment and payment. Whenever the regional
superintendent receives amounts due to local school districts,
the regional superintendent shall apportion and distribute the moneys to the
appropriate local school districts as directed. No part of the State or
other school funding,
however, shall be paid to any school treasurer or other persons authorized to
receive it unless such treasurer has filed the required bond, or if
reelected, has
renewed the bond and filed it as required by law.
(Source: P.A. 95-496, eff. 8-28-07.)
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105 ILCS 5/3-9.1
(105 ILCS 5/3-9.1) (from Ch. 122, par. 3-9.1)
Sec. 3-9.1.
Investment of funds.
Funds of the educational service
region are public funds within the meaning of the Public Funds Investment
Act and may be invested by the educational service region as provided in
that Act, except as otherwise provided in this Code.
Any educational service region, with the approval of its regional
superintendent of schools, is authorized to enter into agreements of any
definite or indefinite term regarding the deposit, redeposit, investment,
reinvestment or withdrawal of educational service region funds, including,
without limitation, agreements with other educational service regions,
agreements with community college districts authorized by Section 3-47
of the Public Community College Act and agreements with township and school
treasurers authorized by Section 8-7 of this Code.
Each educational service region is permitted to (i) combine moneys of the
educational service region for the purpose of investing the moneys and
(ii) join with other educational service regions, community
college districts, and township and school treasurers in investing
educational service region funds, community college funds and school funds.
Those joint investments shall be made only in investments authorized by law
for the investment of educational service region funds or, in the case of
investments made jointly with community colleges and school and township
treasurers, in investments authorized by law for the investment of
educational service region funds, community college funds and school funds.
When moneys of more than one fund of a single educational service region
are combined for investment purposes or when moneys of an educational
service region are combined with moneys of other educational service
regions or moneys of community college districts and school districts, the
moneys combined for that purpose shall be accounted for separately in all
respects, and the earnings from that investment shall be separately and
individually computed and recorded, and credited to the fund or educational
service region, community college district or school district, as the case
may be, for which the investment was acquired.
(Source: P.A. 87-968; 88-641, eff. 9-9-94.)
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105 ILCS 5/3-9.5
(105 ILCS 5/3-9.5)
Sec. 3-9.5.
Interfund loans allowed.
A regional office of education
is allowed to make interfund loans. If a regional office of education makes an
interfund loan, then it must
repay the loan by the end of the fiscal year.
(Source: P.A. 92-169, eff. 1-1-02.)
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105 ILCS 5/3-10
(105 ILCS 5/3-10) (from Ch. 122, par. 3-10)
Sec. 3-10.
Controversies - opinion and advice - Appeal.
In all controversies arising under the school law, the opinion and
advice of the regional superintendent shall first be sought, whence appeal
may be taken upon a written statement of facts certified by the regional
superintendent to the State Board of Education.
(Source: P.A. 81-1508.)
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