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90_HB2844enr
105 ILCS 5/27A-11
Amends the School Code. In provisions concerning the
State Board of Education making loans to charter schools for
start-up costs, provides that if the charter is revoked or
not renewed, the then outstanding balance of the loan need
not be repaid.
459r LRB9008869NTsbA
HB2844 Enrolled LRB9008869NTsbA
1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 3. The State Finance Act is amended by adding
5 Sections 5.480 and 6z-46 as follows:
6 (30 ILCS 105/5.480 new)
7 Sec. 5.480. The Right to Read Fund.
8 (30 ILCS 105/6z-46 new)
9 Sec. 6z-46. The Right to Read Fund. The Right to Read
10 Fund is created as a special fund in the State treasury. All
11 gifts, donations, and charitable contributions that are
12 contributed by any private individual or entity to the State
13 Board of Education for the purpose of improving the reading
14 of children in the public schools shall be deposited into the
15 Right to Read Fund. All money in the Right to Read Fund
16 shall be used, subject to appropriation by the General
17 Assembly, by the State Board of Education for distribution to
18 school districts for this purpose.
19 Section 5. The School Code is amended by changing
20 Sections 10-1, 10-4, 10-5, 10-6, 10-22.6, 17-2.2a, 19-1,
21 27A-11, and 34A-411 as follows:
22 (105 ILCS 5/10-1) (from Ch. 122, par. 10-1)
23 Sec. 10-1. Board of school directors.
24 (a) School districts having a population of fewer than
25 1000 inhabitants and not governed by any special act shall be
26 governed by a board of school directors to consist of 3
27 members who shall be elected in the manner provided in
28 Article 9 of this Act. In consolidated districts and in
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1 districts in which the membership of the board of school
2 directors is increased as provided in subsection (b), 7
3 members shall be so elected.
4 (b) Upon presentment to the board of school directors of
5 a school district having a population of fewer than 1,000
6 inhabitants of a petition signed by the lesser of 5% or 25 of
7 the registered voters of the district to increase the
8 membership of the district's board of school directors to 7
9 directors and to elect a new 7-member board of school
10 directors to replace the district's existing board of 3
11 school directors, the clerk or secretary of the board of
12 school directors shall certify the proposition to the proper
13 election authorities for submission to the electors of the
14 district at a regular scheduled election in accordance with
15 the general election law. If the proposition is approved by
16 a majority of those voting on the proposition, the members of
17 the board of school directors of that district thereafter
18 shall be elected in the manner provided by subsection (c) of
19 Section 10-4.
20 (Source: Laws 1961, p. 31.)
21 (105 ILCS 5/10-4) (from Ch. 122, par. 10-4)
22 Sec. 10-4. Election of directors.
23 (a) In all districts, directors shall be elected in each
24 odd-numbered year, each for a term of 4 years.
25 (b) In consolidated districts where 5 directors are
26 elected in 1981 pursuant to the extension of terms provided
27 by law for transition to the consolidated election schedule
28 under the general election law, those directors elected
29 shall, by lot, determine 2 of their number to serve 2 years
30 and 3 to serve 4 years; their successors shall serve for a 4
31 year term.
32 (c) If a proposition to increase the membership of a
33 school district's board of school directors to 7 directors
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1 and to elect a new 7-member board of school directors to
2 replace the district's existing board of 3 school directors
3 is approved by the electors of the district at a regular
4 scheduled election as provided in subsection (b) of Section
5 10-1, 7 members shall be elected at the next regular school
6 election, in the manner provided by Article 9, to serve as
7 the board of school directors of that district. The terms of
8 office of the 3 members of the board of school directors
9 serving at the time of the election of the initial 7-member
10 board of school directors shall expire when the 7 newly
11 elected members of the initial 7-member board of school
12 directors assume office and are organized as provided in
13 Section 10-5. At their organizational meeting, the initial
14 members of the 7-member board of school directors shall by
15 lot determine 4 of their number to serve 4 year terms and 3
16 of their number to serve 2 year terms. Their successors
17 shall serve for a 4 year term.
18 (d) In all other districts, one school director shall be
19 elected in each district every other odd-numbered year, and
20 two school directors shall be elected in the intervening
21 odd-numbered years.
22 (e) When a vacancy occurs in the membership of any on
23 the board of school directors the remaining members shall,
24 within 30 days, fill the vacancy by appointment until the
25 next regular school election, or, upon their failure so to
26 do, the regional superintendent shall make such appointment
27 within the next 30 days to fill the vacancy as herein
28 provided. Upon the regional superintendent's failure to
29 fill the vacancy, the vacancy shall be filled at the next
30 regularly scheduled election.
31 (Source: P.A. 85-1046.)
32 (105 ILCS 5/10-5) (from Ch. 122, par. 10-5)
33 Sec. 10-5. Organization of board - Report to treasurer
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1 and regional superintendent of schools. Within 7 days after
2 the regular election of directors, the directors shall meet
3 and organize by appointing one of their number president and
4 another as clerk. The clerk shall at once report to the
5 treasurer and regional superintendent of schools the names of
6 the president and clerk so appointed. Terms of members are
7 subject to Section 2A-54 of the Election Code, except as
8 otherwise limited by subsection (c) of Section 10-4.
9 (Source: P.A. 90-358, eff. 1-1-98.)
10 (105 ILCS 5/10-6) (from Ch. 122, par. 10-6)
11 Sec. 10-6. Regular and special meetings. The directors
12 shall hold regular meetings at such times as they may
13 designate, and special meetings at the call of the president
14 or of any 2 members. Public notice of meetings must be given
15 as prescribed in Sections 2.02 and 2.03 of the Open Meetings
16 Act "An Act in relation to meetings", approved July 11, 1957,
17 as heretofore or hereafter amended. No official business
18 shall be transacted by the directors except at a regular or a
19 special meeting. In consolidated districts and in districts
20 electing a 7-member board of school directors under
21 subsection (c) of Section 10-4, 4 directors shall constitute
22 a quorum for the transaction of business., In all other
23 districts 2 directors shall constitute a quorum for the
24 transaction of business. If the president or clerk is absent
25 from any meeting or refuses to perform his duties, a
26 president or clerk pro tempore shall be appointed. At each
27 regular and special meeting which is open to the public,
28 members of the public and employees of the district shall be
29 afforded time, subject to reasonable constraints, to comment
30 to or ask questions of the board. When the president or
31 district superintendent of schools receives a written
32 correspondence from a resident within the school district's
33 territory, requesting the consideration of a matter before
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1 the board, the author of the correspondence shall receive a
2 formal written statement from an appointed official of the
3 board stating the board's position on their request, no later
4 than 60 days from the receipt of the correspondence by the
5 president or district superintendent of schools. The formal
6 written response from the board shall establish a meeting
7 before the board or list the reasons for denying the request.
8 (Source: P.A. 83-787.)
9 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
10 Sec. 10-22.6. Suspension or expulsion of pupils; school
11 searches.
12 (a) To expel pupils guilty of gross disobedience or
13 misconduct, and no action shall lie against them for such
14 expulsion. Expulsion shall take place only after the parents
15 have been requested to appear at a meeting of the board, or
16 with a hearing officer appointed by it, to discuss their
17 child's behavior. Such request shall be made by registered or
18 certified mail and shall state the time, place and purpose of
19 the meeting. The board, or a hearing officer appointed by it,
20 at such meeting shall state the reasons for dismissal and the
21 date on which the expulsion is to become effective. If a
22 hearing officer is appointed by the board he shall report to
23 the board a written summary of the evidence heard at the
24 meeting and the board may take such action thereon as it
25 finds appropriate.
26 (b) To suspend or by regulation to authorize the
27 superintendent of the district or the principal, assistant
28 principal, or dean of students of any school to suspend
29 pupils guilty of gross disobedience or misconduct, or to
30 suspend pupils guilty of gross disobedience or misconduct on
31 the school bus from riding the school bus, and no action
32 shall lie against them for such suspension. The board may by
33 regulation authorize the superintendent of the district or
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1 the principal, assistant principal, or dean of students of
2 any school to suspend pupils guilty of such acts for a period
3 not to exceed 10 school days. If a pupil is suspended due to
4 gross disobedience or misconduct on a school bus, the board
5 may suspend the pupil in excess of 10 school days for safety
6 reasons. Any suspension shall be reported immediately to the
7 parents or guardian of such pupil along with a full statement
8 of the reasons for such suspension and a notice of their
9 right to a review, a copy of which shall be given to the
10 school board. Upon request of the parents or guardian the
11 school board or a hearing officer appointed by it shall
12 review such action of the superintendent or principal,
13 assistant principal, or dean of students. At such review the
14 parents or guardian of the pupil may appear and discuss the
15 suspension with the board or its hearing officer. If a
16 hearing officer is appointed by the board he shall report to
17 the board a written summary of the evidence heard at the
18 meeting. After its hearing or upon receipt of the written
19 report of its hearing officer, the board may take such action
20 as it finds appropriate.
21 (c) The Department of Human Services shall be invited to
22 send a representative to consult with the board at such
23 meeting whenever there is evidence that mental illness may be
24 the cause for expulsion or suspension.
25 (d) The board may expel a student for a definite period
26 of time not to exceed 2 calendar years, as determined on a
27 case by case basis. A student who is determined to have
28 brought a weapon to school, any school-sponsored activity or
29 event, or any activity or event which bears a reasonable
30 relationship to school shall be expelled for a period of not
31 less than one year, except that the expulsion period may be
32 modified by the superintendent, and the superintendent's
33 determination may be modified by the board on a case by case
34 basis. For the purpose of this Section, the term "weapon"
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1 means (1) possession, use, control, or transfer of any object
2 which may be used to cause bodily harm, including but not
3 limited to gun, rifle, shotgun, a weapon as defined by
4 Section 921 of Title 18, United States Code, firearm as
5 defined in Section 1.1 of the Firearm Owners Identification
6 Act, or use of a weapon as defined in Section 24-1 of the
7 Criminal Code, (2) any other object if used or attempted to
8 be used to cause bodily harm, including but not limited to,
9 knives, guns, firearms, rifles, shotguns, brass knuckles, or
10 billy clubs, or (3) "look alikes" of any weapon as defined in
11 this Section. thereof. Such items as baseball bats, pipes,
12 bottles, locks, sticks, pencils, and pens may be considered
13 weapons if used or attempted to be used to cause bodily harm.
14 Expulsion or suspension shall be construed in a manner
15 consistent with the Federal Individuals with Disabilities
16 Education Act. A student who is subject to suspension or
17 expulsion as provided in this Section may be eligible for a
18 transfer to an alternative school program in accordance with
19 Article 13A of the School Code. The provisions of this
20 subsection (d) apply in all school districts, including
21 special charter districts and districts organized under
22 Article 34.
23 (e) To maintain order and security in the schools,
24 school authorities may inspect and search places and areas
25 such as lockers, desks, parking lots, and other school
26 property and equipment owned or controlled by the school, as
27 well as personal effects left in those places and areas by
28 students, without notice to or the consent of the student,
29 and without a search warrant. As a matter of public policy,
30 the General Assembly finds that students have no reasonable
31 expectation of privacy in these places and areas or in their
32 personal effects left in these places and areas. School
33 authorities may request the assistance of law enforcement
34 officials for the purpose of conducting inspections and
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1 searches of lockers, desks, parking lots, and other school
2 property and equipment owned or controlled by the school for
3 illegal drugs, weapons, or other illegal or dangerous
4 substances or materials, including searches conducted through
5 the use of specially trained dogs. If a search conducted in
6 accordance with this Section produces evidence that the
7 student has violated or is violating either the law, local
8 ordinance, or the school's policies or rules, such evidence
9 may be seized by school authorities, and disciplinary action
10 may be taken. School authorities may also turn over such
11 evidence to law enforcement authorities. The provisions of
12 this subsection (e) apply in all school districts, including
13 special charter districts and districts organized under
14 Article 34.
15 (f) Suspension or expulsion may include suspension or
16 expulsion from school and all school activities and a
17 prohibition from being present on school grounds.
18 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
19 89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff.
20 1-1-98.)
21 (105 ILCS 5/17-2.2a) (from Ch. 122, par. 17-2.2a)
22 Sec. 17-2.2a. (a) Tax for special education programs.
23 The school board of any district having a population of less
24 than 500,000 inhabitants may, by proper resolution, levy an
25 annual tax upon the value as equalized or assessed by the
26 Department of Revenue, for special education purposes,
27 including the purposes authorized by Section 10-22.3lb as
28 follows:
29 (1) districts maintaining only grades kindergarten
30 through 8, and prior to July 1, 1970, districts
31 maintaining only grades 1 through 8, .02%;
32 (2) districts maintaining only grades 9 through 12,
33 .02%;
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1 (3) districts maintaining only grades kindergarten
2 through 12, and prior to July 1, 1970, districts
3 maintaining only grades 1 through 12, .04%.
4 The revenue raised by such tax shall be used only for
5 special education purposes, including the construction and
6 maintenance of special education facilities.
7 Upon proper resolution of the school board, the school
8 district may accumulate such funds for special education
9 building purposes for a period of 8 years.
10 Buildings constructed under the provisions of this
11 Section shall comply with the building code authorized under
12 Section 2-3.12.
13 If it is no longer feasible or economical to utilize
14 classroom facilities constructed with revenues raised and
15 accumulated by the tax for special education building
16 purposes, the district, or cooperative district by unanimous
17 consent, may with the approval of the regional superintendent
18 of schools and the State Superintendent of Education use such
19 facilities for regular school purposes. The district or
20 cooperative of districts shall make comparable facilities
21 available for special education purposes at another
22 attendance center which is in a more practical location due
23 to the proximity of the students served.
24 (b) If the school board of any district that has levied
25 the tax authorized by this Section determines that the
26 accumulated funds from such tax and from the $1,000 State
27 reimbursement per professional worker received under Section
28 14-13.02 are no longer required for special education
29 building purposes, the board may by proper resolution
30 transfer such funds to any other fund to be used for any
31 special education purposes authorized by Article 14. Such
32 transfer shall not be made until after the regional
33 superintendent has certified to the State Superintendent of
34 Education that adequate housing provisions have been made for
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1 all children with disabilities residing in the school
2 district.
3 (c) The tax rate limits specified in this Section may be
4 increased to .40% .125% by districts maintaining only grades
5 kindergarten through 8 or only grades 9 through 12, and to
6 .80% .25% by districts maintaining grades kindergarten
7 through 12, upon the approval of a proposition to effect such
8 increase by a majority of the electors voting on such
9 proposition at a regular scheduled election. The proposition
10 may be initiated by resolution of the school board and shall
11 be certified by the secretary to the proper election
12 authorities for submission in accordance with the general
13 election law. If at such election a majority of the votes
14 cast on the proposition is in favor thereof, the school board
15 may thereafter until such authority is revoked in like manner
16 levy annually the tax so authorized.
17 (Source: P.A. 89-397, eff. 8-20-95.)
18 (105 ILCS 5/19-1) (from Ch. 122, par. 19-1)
19 Sec. 19-1. Debt limitations of school districts.
20 (a) School districts shall not be subject to the
21 provisions limiting their indebtedness prescribed in "An Act
22 to limit the indebtedness of counties having a population of
23 less than 500,000 and townships, school districts and other
24 municipal corporations having a population of less than
25 300,000", approved February 15, 1928, as amended.
26 No school districts maintaining grades K through 8 or 9
27 through 12 shall become indebted in any manner or for any
28 purpose to an amount, including existing indebtedness, in the
29 aggregate exceeding 6.9% on the value of the taxable property
30 therein to be ascertained by the last assessment for State
31 and county taxes or, until January 1, 1983, if greater, the
32 sum that is produced by multiplying the school district's
33 1978 equalized assessed valuation by the debt limitation
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1 percentage in effect on January 1, 1979, previous to the
2 incurring of such indebtedness.
3 No school districts maintaining grades K through 12 shall
4 become indebted in any manner or for any purpose to an
5 amount, including existing indebtedness, in the aggregate
6 exceeding 13.8% on the value of the taxable property therein
7 to be ascertained by the last assessment for State and county
8 taxes or, until January 1, 1983, if greater, the sum that is
9 produced by multiplying the school district's 1978 equalized
10 assessed valuation by the debt limitation percentage in
11 effect on January 1, 1979, previous to the incurring of such
12 indebtedness.
13 Notwithstanding the provisions of any other law to the
14 contrary, in any case in which the voters of a school
15 district have approved a proposition for the issuance of
16 bonds of such school district at an election held prior to
17 January 1, 1979, and all of the bonds approved at such
18 election have not been issued, the debt limitation applicable
19 to such school district during the calendar year 1979 shall
20 be computed by multiplying the value of taxable property
21 therein, including personal property, as ascertained by the
22 last assessment for State and county taxes, previous to the
23 incurring of such indebtedness, by the percentage limitation
24 applicable to such school district under the provisions of
25 this subsection (a).
26 (b) Notwithstanding the debt limitation prescribed in
27 subsection (a) of this Section, additional indebtedness may
28 be incurred in an amount not to exceed the estimated cost of
29 acquiring or improving school sites or constructing and
30 equipping additional building facilities under the following
31 conditions:
32 (1) Whenever the enrollment of students for the
33 next school year is estimated by the board of education
34 to increase over the actual present enrollment by not
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1 less than 35% or by not less than 200 students or the
2 actual present enrollment of students has increased over
3 the previous school year by not less than 35% or by not
4 less than 200 students and the board of education
5 determines that additional school sites or building
6 facilities are required as a result of such increase in
7 enrollment; and
8 (2) When the Regional Superintendent of Schools
9 having jurisdiction over the school district and the
10 State Superintendent of Education concur in such
11 enrollment projection or increase and approve the need
12 for such additional school sites or building facilities
13 and the estimated cost thereof; and
14 (3) When the voters in the school district approve
15 a proposition for the issuance of bonds for the purpose
16 of acquiring or improving such needed school sites or
17 constructing and equipping such needed additional
18 building facilities at an election called and held for
19 that purpose. Notice of such an election shall state that
20 the amount of indebtedness proposed to be incurred would
21 exceed the debt limitation otherwise applicable to the
22 school district. The ballot for such proposition shall
23 state what percentage of the equalized assessed valuation
24 will be outstanding in bonds if the proposed issuance of
25 bonds is approved by the voters; or
26 (4) Notwithstanding the provisions of paragraphs
27 (1) through (3) of this subsection (b), if the school
28 board determines that additional facilities are needed to
29 provide a quality educational program and not less than
30 2/3 of those voting in an election called by the school
31 board on the question approve the issuance of bonds for
32 the construction of such facilities, the school district
33 may issue bonds for this purpose; or.
34 (5) Notwithstanding the provisions of paragraphs
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1 (1) through (3) of this subsection (b), if (i) the school
2 district has previously availed itself of the provisions
3 of paragraph (4) of this subsection (b) to enable it to
4 issue bonds, (ii) the voters of the school district have
5 not defeated a proposition for the issuance of bonds
6 since the referendum described in paragraph (4) of this
7 subsection (b) was held, (iii) the school board
8 determines that additional facilities are needed to
9 provide a quality educational program, and (iv) a
10 majority of those voting in an election called by the
11 school board on the question approve the issuance of
12 bonds for the construction of such facilities, the school
13 district may issue bonds for this purpose.
14 In no event shall the indebtedness incurred pursuant to
15 this subsection (b) and the existing indebtedness of the
16 school district exceed 15% of the value of the taxable
17 property therein to be ascertained by the last assessment for
18 State and county taxes, previous to the incurring of such
19 indebtedness or, until January 1, 1983, if greater, the sum
20 that is produced by multiplying the school district's 1978
21 equalized assessed valuation by the debt limitation
22 percentage in effect on January 1, 1979.
23 The indebtedness provided for by this subsection (b)
24 shall be in addition to and in excess of any other debt
25 limitation.
26 (c) Notwithstanding the debt limitation prescribed in
27 subsection (a) of this Section, in any case in which a public
28 question for the issuance of bonds of a proposed school
29 district maintaining grades kindergarten through 12 received
30 at least 60% of the valid ballots cast on the question at an
31 election held on or prior to November 8, 1994, and in which
32 the bonds approved at such election have not been issued, the
33 school district pursuant to the requirements of Section
34 11A-10 may issue the total amount of bonds approved at such
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1 election for the purpose stated in the question.
2 (d) Notwithstanding the debt limitation prescribed in
3 subsection (a) of this Section, a school district that meets
4 all the criteria set forth in paragraphs (1) and (2) of this
5 subsection (d) may incur an additional indebtedness in an
6 amount not to exceed $4,500,000, even though the amount of
7 the additional indebtedness authorized by this subsection
8 (d), when incurred and added to the aggregate amount of
9 indebtedness of the district existing immediately prior to
10 the district incurring the additional indebtedness authorized
11 by this subsection (d), causes the aggregate indebtedness of
12 the district to exceed the debt limitation otherwise
13 applicable to that district under subsection (a):
14 (1) The additional indebtedness authorized by this
15 subsection (d) is incurred by the school district through
16 the issuance of bonds under and in accordance with
17 Section 17-2.11a for the purpose of replacing a school
18 building which, because of mine subsidence damage, has
19 been closed as provided in paragraph (2) of this
20 subsection (d) or through the issuance of bonds under and
21 in accordance with Section 19-3 for the purpose of
22 increasing the size of, or providing for additional
23 functions in, such replacement school buildings, or both
24 such purposes.
25 (2) The bonds issued by the school district as
26 provided in paragraph (1) above are issued for the
27 purposes of construction by the school district of a new
28 school building pursuant to Section 17-2.11, to replace
29 an existing school building that, because of mine
30 subsidence damage, is closed as of the end of the 1992-93
31 school year pursuant to action of the regional
32 superintendent of schools of the educational service
33 region in which the district is located under Section
34 3-14.22 or are issued for the purpose of increasing the
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1 size of, or providing for additional functions in, the
2 new school building being constructed to replace a school
3 building closed as the result of mine subsidence damage,
4 or both such purposes.
5 (e) Notwithstanding the debt limitation prescribed in
6 subsection (a) of this Section, a school district that meets
7 all the criteria set forth in paragraphs (1) through (5) of
8 this subsection (e) may, without referendum, incur an
9 additional indebtedness in an amount not to exceed the lesser
10 of $5,000,000 or 1.5% of the value of the taxable property
11 within the district even though the amount of the additional
12 indebtedness authorized by this subsection (e), when incurred
13 and added to the aggregate amount of indebtedness of the
14 district existing immediately prior to the district incurring
15 that additional indebtedness, causes the aggregate
16 indebtedness of the district to exceed or increases the
17 amount by which the aggregate indebtedness of the district
18 already exceeds the debt limitation otherwise applicable to
19 that district under subsection (a):
20 (1) The State Board of Education certifies the
21 school district under Section 19-1.5 as a financially
22 distressed district.
23 (2) The additional indebtedness authorized by this
24 subsection (e) is incurred by the financially distressed
25 district during the school year or school years in which
26 the certification of the district as a financially
27 distressed district continues in effect through the
28 issuance of bonds for the lawful school purposes of the
29 district, pursuant to resolution of the school board and
30 without referendum, as provided in paragraph (5) of this
31 subsection.
32 (3) The aggregate amount of bonds issued by the
33 financially distressed district during a fiscal year in
34 which it is authorized to issue bonds under this
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1 subsection does not exceed the amount by which the
2 aggregate expenditures of the district for operational
3 purposes during the immediately preceding fiscal year
4 exceeds the amount appropriated for the operational
5 purposes of the district in the annual school budget
6 adopted by the school board of the district for the
7 fiscal year in which the bonds are issued.
8 (4) Throughout each fiscal year in which
9 certification of the district as a financially distressed
10 district continues in effect, the district maintains in
11 effect a gross salary expense and gross wage expense
12 freeze policy under which the district expenditures for
13 total employee salaries and wages do not exceed such
14 expenditures for the immediately preceding fiscal year.
15 Nothing in this paragraph, however, shall be deemed to
16 impair or to require impairment of the contractual
17 obligations, including collective bargaining agreements,
18 of the district or to impair or require the impairment of
19 the vested rights of any employee of the district under
20 the terms of any contract or agreement in effect on the
21 effective date of this amendatory Act of 1994.
22 (5) Bonds issued by the financially distressed
23 district under this subsection shall bear interest at a
24 rate not to exceed the maximum rate authorized by law at
25 the time of the making of the contract, shall mature
26 within 40 years from their date of issue, and shall be
27 signed by the president of the school board and treasurer
28 of the school district. In order to issue bonds under
29 this subsection, the school board shall adopt a
30 resolution fixing the amount of the bonds, the date of
31 the bonds, the maturities of the bonds, the rates of
32 interest of the bonds, and their place of payment and
33 denomination, and shall provide for the levy and
34 collection of a direct annual tax upon all the taxable
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1 property in the district sufficient to pay the principal
2 and interest on the bonds to maturity. Upon the filing
3 in the office of the county clerk of the county in which
4 the financially distressed district is located of a
5 certified copy of the resolution, it is the duty of the
6 county clerk to extend the tax therefor in addition to
7 and in excess of all other taxes at any time authorized
8 to be levied by the district. If bond proceeds from the
9 sale of bonds include a premium or if the proceeds of the
10 bonds are invested as authorized by law, the school board
11 shall determine by resolution whether the interest earned
12 on the investment of bond proceeds or the premium
13 realized on the sale of the bonds is to be used for any
14 of the lawful school purposes for which the bonds were
15 issued or for the payment of the principal indebtedness
16 and interest on the bonds. The proceeds of the bond sale
17 shall be deposited in the educational purposes fund of
18 the district and shall be used to pay operational
19 expenses of the district. This subsection is cumulative
20 and constitutes complete authority for the issuance of
21 bonds as provided in this subsection, notwithstanding any
22 other law to the contrary.
23 (f) Notwithstanding the provisions of subsection (a) of
24 this Section or of any other law, bonds in not to exceed the
25 aggregate amount of $5,500,000 and issued by a school
26 district meeting the following criteria shall not be
27 considered indebtedness for purposes of any statutory
28 limitation and may be issued in an amount or amounts,
29 including existing indebtedness, in excess of any heretofore
30 or hereafter imposed statutory limitation as to indebtedness:
31 (1) At the time of the sale of such bonds, the
32 board of education of the district shall have determined
33 by resolution that the enrollment of students in the
34 district is projected to increase by not less than 7%
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1 during each of the next succeeding 2 school years.
2 (2) The board of education shall also determine by
3 resolution that the improvements to be financed with the
4 proceeds of the bonds are needed because of the projected
5 enrollment increases.
6 (3) The board of education shall also determine by
7 resolution that the projected increases in enrollment are
8 the result of improvements made or expected to be made to
9 passenger rail facilities located in the school district.
10 (g) Notwithstanding the provisions of subsection (a) of
11 this Section or any other law, bonds in not to exceed an
12 aggregate amount of 25% of the equalized assessed value of
13 the taxable property of a school district and issued by a
14 school district meeting the criteria in paragraphs (i)
15 through (iv) of this subsection shall not be considered
16 indebtedness for purposes of any statutory limitation and may
17 be issued pursuant to resolution of the school board in an
18 amount or amounts, including existing indebtedness, in excess
19 of any statutory limitation of indebtedness heretofore or
20 hereafter imposed:
21 (i) The bonds are issued for the purpose of
22 constructing a new high school building to replace two
23 adjacent existing buildings which together house a single
24 high school, each of which is more than 65 years old, and
25 which together are located on more than 10 acres and less
26 than 11 acres of property.
27 (ii) At the time the resolution authorizing the
28 issuance of the bonds is adopted, the cost of
29 constructing a new school building to replace the
30 existing school building is less than 60% of the cost of
31 repairing the existing school building.
32 (iii) The sale of the bonds occurs before July 1,
33 1997.
34 (iv) The school district issuing the bonds is a
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1 unit school district located in a county of less than
2 70,000 and more than 50,000 inhabitants, which has an
3 average daily attendance of less than 1,500 and an
4 equalized assessed valuation of less than $29,000,000.
5 (h) Notwithstanding any other provisions of this Section
6 or the provisions of any other law, until January 1, 1998, a
7 community unit school district maintaining grades K through
8 12 may issue bonds up to an amount, including existing
9 indebtedness, not exceeding 27.6% of the equalized assessed
10 value of the taxable property in the district, if all of the
11 following conditions are met:
12 (i) The school district has an equalized assessed
13 valuation for calendar year 1995 of less than
14 $24,000,000;
15 (ii) The bonds are issued for the capital
16 improvement, renovation, rehabilitation, or replacement
17 of existing school buildings of the district, all of
18 which buildings were originally constructed not less than
19 40 years ago;
20 (iii) The voters of the district approve a
21 proposition for the issuance of the bonds at a referendum
22 held after March 19, 1996; and
23 (iv) The bonds are issued pursuant to Sections 19-2
24 through 19-7 of this Code.
25 (i) Notwithstanding any other provisions of this Section
26 or the provisions of any other law, until January 1, 1998, a
27 community unit school district maintaining grades K through
28 12 may issue bonds up to an amount, including existing
29 indebtedness, not exceeding 27% of the equalized assessed
30 value of the taxable property in the district, if all of the
31 following conditions are met:
32 (i) The school district has an equalized assessed
33 valuation for calendar year 1995 of less than
34 $44,600,000;
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1 (ii) The bonds are issued for the capital
2 improvement, renovation, rehabilitation, or replacement
3 of existing school buildings of the district, all of
4 which existing buildings were originally constructed not
5 less than 80 years ago;
6 (iii) The voters of the district approve a
7 proposition for the issuance of the bonds at a referendum
8 held after December 31, 1996; and
9 (iv) The bonds are issued pursuant to Sections 19-2
10 through 19-7 of this Code.
11 (j) Notwithstanding any other provisions of this Section
12 or the provisions of any other law, until January 1, 1999, a
13 community unit school district maintaining grades K through
14 12 may issue bonds up to an amount, including existing
15 indebtedness, not exceeding 27% of the equalized assessed
16 value of the taxable property in the district if all of the
17 following conditions are met:
18 (i) The school district has an equalized assessed
19 valuation for calendar year 1995 of less than
20 $140,000,000 and a best 3 months average daily attendance
21 for the 1995-96 school year of at least 2,800;
22 (ii) The bonds are issued to purchase a site and
23 build and equip a new high school, and the school
24 district's existing high school was originally
25 constructed not less than 35 years prior to the sale of
26 the bonds;
27 (iii) At the time of the sale of the bonds, the
28 board of education determines by resolution that a new
29 high school is needed because of projected enrollment
30 increases;
31 (iv) At least 60% of those voting in an election
32 held after December 31, 1996 approve a proposition for
33 the issuance of the bonds; and
34 (v) The bonds are issued pursuant to Sections 19-2
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1 through 19-7 of this Code.
2 (k) Notwithstanding the debt limitation prescribed in
3 subsection (a) of this Section, a school district that meets
4 all the criteria set forth in paragraphs (1) through (4) of
5 this subsection (k) may issue bonds to incur an additional
6 indebtedness in an amount not to exceed $4,000,000 even
7 though the amount of the additional indebtedness authorized
8 by this subsection (k), when incurred and added to the
9 aggregate amount of indebtedness of the school district
10 existing immediately prior to the school district incurring
11 such additional indebtedness, causes the aggregate
12 indebtedness of the school district to exceed or increases
13 the amount by which the aggregate indebtedness of the
14 district already exceeds the debt limitation otherwise
15 applicable to that school district under subsection (a):
16 (1) the school district is located in 2 counties,
17 and a referendum to authorize the additional indebtedness
18 was approved by a majority of the voters of the school
19 district voting on the proposition to authorize that
20 indebtedness;
21 (2) the additional indebtedness is for the purpose
22 of financing a multi-purpose room addition to the
23 existing high school;
24 (3) the additional indebtedness, together with the
25 existing indebtedness of the school district, shall not
26 exceed 17.4% of the value of the taxable property in the
27 school district, to be ascertained by the last assessment
28 for State and county taxes; and
29 (4) the bonds evidencing the additional
30 indebtedness are issued, if at all, within 120 days of
31 the effective date of this amendatory Act of 1998.
32 (l) Notwithstanding any other provisions of this Section
33 or the provisions of any other law, until January 1, 2000, a
34 school district maintaining grades kindergarten through 8 may
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1 issue bonds up to an amount, including existing indebtedness,
2 not exceeding 15% of the equalized assessed value of the
3 taxable property in the district if all of the following
4 conditions are met:
5 (i) the district has an equalized assessed
6 valuation for calendar year 1996 of less than
7 $10,000,000;
8 (ii) the bonds are issued for capital improvement,
9 renovation, rehabilitation, or replacement of one or more
10 school buildings of the district, which buildings were
11 originally constructed not less than 70 years ago;
12 (iii) the voters of the district approve a
13 proposition for the issuance of the bonds at a referendum
14 held on or after March 17, 1998; and
15 (iv) the bonds are issued pursuant to Sections 19-2
16 through 19-7 of this Code.
17 (m) Notwithstanding any other provisions of this Section
18 or the provisions of any other law, until January 1, 1999, an
19 elementary school district maintaining grades K through 8 may
20 issue bonds up to an amount, excluding existing indebtedness,
21 not exceeding 18% of the equalized assessed value of the
22 taxable property in the district, if all of the following
23 conditions are met:
24 (i) The school district has an equalized assessed
25 valuation for calendar year 1995 or less than $7,700,000;
26 (ii) The school district operates 2 elementary
27 attendance centers that until 1976 were operated as the
28 attendance centers of 2 separate and distinct school
29 districts;
30 (iii) The bonds are issued for the construction of
31 a new elementary school building to replace an existing
32 multi-level elementary school building of the school
33 district that is not handicapped accessible at all levels
34 and parts of which were constructed more than 75 years
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1 ago;
2 (iv) The voters of the school district approve a
3 proposition for the issuance of the bonds at a referendum
4 held after July 1, 1998; and
5 (v) The bonds are issued pursuant to Sections 19-2
6 through 19-7 of this Code.
7 (Source: P.A. 89-47, eff. 7-1-95; 89-661, eff. 1-1-97;
8 89-698, eff. 1-14-97; 90-570, eff. 1-28-98.)
9 (105 ILCS 5/27A-11)
10 Sec. 27A-11. Financing.
11 (a) For purposes of the School Code, pupils enrolled in
12 a charter school shall be included in the pupil enrollment of
13 the school district within which the pupil resides. Each
14 charter school (i) shall determine the school district in
15 which each pupil who is enrolled in the charter school
16 resides, (ii) shall report the aggregate number of pupils
17 resident of a school district who are enrolled in the charter
18 school to the school district in which those pupils reside,
19 and (iii) shall maintain accurate records of daily attendance
20 that shall be deemed sufficient to file claims under Section
21 18-8 notwithstanding any other requirements of that Section
22 regarding hours of instruction and teacher certification.
23 (b) As part of a charter school contract, the charter
24 school and the local school board shall agree on funding and
25 any services to be provided by the school district to the
26 charter school. Agreed funding that a charter school is to
27 receive from the local school board for a school year shall
28 be paid in equal quarterly installments with the payment of
29 the installment for the first quarter being made not later
30 than July 1, unless the charter establishes a different
31 payment schedule.
32 All services centrally or otherwise provided by the
33 school district including, but not limited to, food services,
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1 custodial services, maintenance, curriculum, media services,
2 libraries, transportation, and warehousing shall be subject
3 to negotiation between a charter school and the local school
4 board and paid for out of the revenues negotiated pursuant to
5 this subsection (b); provided that the local school board
6 shall not attempt, by negotiation or otherwise, to obligate a
7 charter school to provide pupil transportation for pupils for
8 whom a district is not required to provide transportation
9 under the criteria set forth in subsection (a)(13) of Section
10 27A-7.
11 In no event shall the funding be less than 75% or more
12 than 125% of the school district's per capita student tuition
13 multiplied by the number of students residing in the district
14 who are enrolled in the charter school.
15 It is the intent of the General Assembly that funding and
16 service agreements under this subsection (b) shall be neither
17 a financial incentive nor a financial disincentive to the
18 establishment of a charter school.
19 Fees collected from students enrolled at a charter school
20 shall be retained by the charter school.
21 (c) Notwithstanding subsection (b) of this Section, the
22 proportionate share of State and federal resources generated
23 by students with disabilities or staff serving them shall be
24 directed to charter schools enrolling those students by their
25 school districts or administrative units. The proportionate
26 share of moneys generated under other federal or State
27 categorical aid programs shall be directed to charter schools
28 serving students eligible for that aid.
29 (d)(1) The governing body of a charter school is
30 authorized to accept gifts, donations, or grants of any kind
31 made to the charter school and to expend or use gifts,
32 donations, or grants in accordance with the conditions
33 prescribed by the donor; however, a gift, donation, or grant
34 may not be accepted by the governing body if it is subject to
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1 any condition contrary to applicable law or contrary to the
2 terms of the contract between the charter school and the
3 local school board. Charter schools shall be encouraged to
4 solicit and utilize community volunteer speakers and other
5 instructional resources when providing instruction on the
6 Holocaust and other historical events.
7 (2) From amounts appropriated to the State Board for
8 purposes of this subsection (d)(2), the State Board may make
9 loans to charter schools established under this Article to be
10 used by those schools to defer their start-up costs of
11 acquiring textbooks and laboratory and other equipment
12 required for student instruction. Any such loan shall be made
13 to a charter school at the inception of the term of its
14 charter, under terms established by the State Board, and
15 shall be repaid by the charter school over the term of its
16 charter. A local school board is not responsible for the
17 repayment of the loan.
18 (e) No later than January 1, 1997, the State Board shall
19 issue a report to the General Assembly and the Governor
20 describing the charter schools certified under this Article,
21 their geographic locations, their areas of focus, and the
22 numbers of school children served by them.
23 (f) The State Board shall provide technical assistance
24 to persons and groups preparing or revising charter
25 applications.
26 (g) At the non-renewal or revocation of its charter,
27 each charter school shall refund to the local board of
28 education all unspent funds.
29 (h) A charter school is authorized to incur temporary,
30 short term debt to pay operating expenses in anticipation of
31 receipt of funds from the local school board.
32 (Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98.)
33 (105 ILCS 5/34A-411) (from Ch. 122, par. 34A-411)
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1 Sec. 34A-411. Termination and reinstatement of
2 Authority's power under this Article.
3 (a) The powers and responsibilities granted to or
4 imposed upon the Authority and the Board under Sections
5 34A-401 through 34A-410 of this Article shall not be
6 exercised after the Authority has certified to the Governor
7 and the Mayor that the Board has completed 6 successive
8 Fiscal Years of balanced Budgets pursuant to the accounting
9 and other principles prescribed by the Authority.
10 Notwithstanding the foregoing sentence, Sections 34A-402,
11 34A-404, 34A-405, and 34A-408 shall continue in full force
12 and effect after such certification of the completion of 6
13 successive Fiscal Years of balanced Budgets.
14 (b) Upon determination by the Authority and
15 certification of the Authority to the Governor and the Mayor
16 that the Board has failed to adopt a balanced Budget by
17 August 15th immediately preceding the commencement of each
18 Fiscal Year or failed to achieve a balanced Budget for two
19 successive Fiscal Years, subsequent to a time in which the
20 powers and responsibilities of the Authority and the Board
21 are not exercised pursuant to paragraph (a) of this Section,
22 the Authority and Board shall resume the exercise of their
23 respective powers and responsibilities pursuant to each
24 Section of this Article.
25 (c) Notwithstanding the provisions of subsections (a)
26 and (b) of this Section or any other provision of law to the
27 contrary, the powers and responsibilities granted to or
28 imposed upon the Authority and the Board under Sections
29 34A-401 through 34A-410 and Section 34A-606 are suspended
30 until July 1, 2004 1999.
31 (Source: P.A. 88-511; 89-15, eff. 5-30-95.)
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.