State of Illinois
92nd General Assembly
Legislation

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[ House Amendment 002 ]


92_SB0616ham001

 










                                           LRB9204556NTsbam01

 1                    AMENDMENT TO SENATE BILL 616

 2        AMENDMENT NO.     .  Amend Senate Bill 616  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The  School  Code  is  amended by changing
 5    Section 1B-4 as follows:

 6        (105 ILCS 5/1B-4) (from Ch. 122, par. 1B-4)
 7        Sec.   1B-4.  Establishment   of   Emergency    Financial
 8    Assistance  and  Financial Oversight Panel.  When approved by
 9    the State Board under this Article  there  is  established  a
10    body  both corporate and politic to be known as the "(Name of
11    School District) Financial Oversight Panel"  which,  in  this
12    such name, shall exercise all authority vested in such Panels
13    by this Article.
14        Upon  the affirmative vote of not less than a majority of
15    its full membership, a local board of education of  a  school
16    district   that   has  been  certified  to  be  in  financial
17    difficulty under Section 1A-8 may petition the State Board of
18    Education  for  emergency  financial   assistance   and   the
19    establishment of a Financial Oversight Panel for the district
20    as  provided  under  this  Article.   In  addition, the State
21    Superintendent of Education may petition the State  Board  of
22    Education  for  the  establishment  of  a Financial Oversight
 
                            -2-            LRB9204556NTsbam01
 1    Panel, with or without emergency  financial  assistance,  for
 2    any  district  that  has  failed to comply with its financial
 3    plan and has had the plan rescinded by  the  State  Board  as
 4    provided   in   Section  1A-8.   No  petition  for  emergency
 5    financial assistance shall be approved  by  the  State  Board
 6    unless there is also established a Financial Oversight Panel.
 7        In  determining  whether  to allow the petition the State
 8    Board shall consider the following factors among others  that
 9    it deems relevant:
10        (a)  whether  the  petition  is  in  the best educational
11    interests of the pupils of the district;
12        (b)  whether the petition is in the near  and  long  term
13    best financial interests of the district;
14        (c)  whether the district has sufficient pupil enrollment
15    and  assessed  valuation  to  provide and maintain recognized
16    schools;
17        (d)  whether the petition is in the best interests of the
18    other schools of the area and the educational welfare of  all
19    of the pupils therein; and
20        (e)  whether the board of education has complied with the
21    requirements of Section 1A-8.
22        The  State  Board  may  vote  to either grant or deny the
23    petition  based  upon  the  recommendation   of   the   State
24    Superintendent  of  Education  and  any  other  testimony  or
25    documentary  evidence  the  State  Board deems relevant.  The
26    decision of the State Board whether  to  grant  or  deny  the
27    petition  shall  be  final.  If an approved petition requests
28    emergency financial assistance, the school district shall  be
29    eligible for emergency State financial assistance, subject to
30    the other provisions of this Article.
31    (Source: P.A. 88-618, eff. 9-9-94.)".

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