Public Act 90-0757 of the 90th General Assembly
Public Act 90-0757
HB2844 Enrolled LRB9008869NTsbA
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The State Finance Act is amended by adding
Sections 5.480 and 6z-46 as follows:
(30 ILCS 105/5.480 new)
Sec. 5.480. The Right to Read Fund.
(30 ILCS 105/6z-46 new)
Sec. 6z-46. The Right to Read Fund. The Right to Read
Fund is created as a special fund in the State treasury. All
gifts, donations, and charitable contributions that are
contributed by any private individual or entity to the State
Board of Education for the purpose of improving the reading
of children in the public schools shall be deposited into the
Right to Read Fund. All money in the Right to Read Fund
shall be used, subject to appropriation by the General
Assembly, by the State Board of Education for distribution to
school districts for this purpose.
Section 5. The School Code is amended by changing
Sections 10-1, 10-4, 10-5, 10-6, 10-22.6, 17-2.2a, 19-1,
27A-11, and 34A-411 as follows:
(105 ILCS 5/10-1) (from Ch. 122, par. 10-1)
Sec. 10-1. Board of school directors.
(a) School districts having a population of fewer than
1000 inhabitants and not governed by any special act shall be
governed by a board of school directors to consist of 3
members who shall be elected in the manner provided in
Article 9 of this Act. In consolidated districts and in
districts in which the membership of the board of school
directors is increased as provided in subsection (b), 7
members shall be so elected.
(b) Upon presentment to the board of school directors of
a school district having a population of fewer than 1,000
inhabitants of a petition signed by the lesser of 5% or 25 of
the registered voters of the district to increase the
membership of the district's board of school directors to 7
directors and to elect a new 7-member board of school
directors to replace the district's existing board of 3
school directors, the clerk or secretary of the board of
school directors shall certify the proposition to the proper
election authorities for submission to the electors of the
district at a regular scheduled election in accordance with
the general election law. If the proposition is approved by
a majority of those voting on the proposition, the members of
the board of school directors of that district thereafter
shall be elected in the manner provided by subsection (c) of
Section 10-4.
(Source: Laws 1961, p. 31.)
(105 ILCS 5/10-4) (from Ch. 122, par. 10-4)
Sec. 10-4. Election of directors.
(a) In all districts, directors shall be elected in each
odd-numbered year, each for a term of 4 years.
(b) In consolidated districts where 5 directors are
elected in 1981 pursuant to the extension of terms provided
by law for transition to the consolidated election schedule
under the general election law, those directors elected
shall, by lot, determine 2 of their number to serve 2 years
and 3 to serve 4 years; their successors shall serve for a 4
year term.
(c) If a proposition to increase the membership of a
school district's board of school directors to 7 directors
and to elect a new 7-member board of school directors to
replace the district's existing board of 3 school directors
is approved by the electors of the district at a regular
scheduled election as provided in subsection (b) of Section
10-1, 7 members shall be elected at the next regular school
election, in the manner provided by Article 9, to serve as
the board of school directors of that district. The terms of
office of the 3 members of the board of school directors
serving at the time of the election of the initial 7-member
board of school directors shall expire when the 7 newly
elected members of the initial 7-member board of school
directors assume office and are organized as provided in
Section 10-5. At their organizational meeting, the initial
members of the 7-member board of school directors shall by
lot determine 4 of their number to serve 4 year terms and 3
of their number to serve 2 year terms. Their successors
shall serve for a 4 year term.
(d) In all other districts, one school director shall be
elected in each district every other odd-numbered year, and
two school directors shall be elected in the intervening
odd-numbered years.
(e) When a vacancy occurs in the membership of any on
the board of school directors the remaining members shall,
within 30 days, fill the vacancy by appointment until the
next regular school election, or, upon their failure so to
do, the regional superintendent shall make such appointment
within the next 30 days to fill the vacancy as herein
provided. Upon the regional superintendent's failure to
fill the vacancy, the vacancy shall be filled at the next
regularly scheduled election.
(Source: P.A. 85-1046.)
(105 ILCS 5/10-5) (from Ch. 122, par. 10-5)
Sec. 10-5. Organization of board - Report to treasurer
and regional superintendent of schools. Within 7 days after
the regular election of directors, the directors shall meet
and organize by appointing one of their number president and
another as clerk. The clerk shall at once report to the
treasurer and regional superintendent of schools the names of
the president and clerk so appointed. Terms of members are
subject to Section 2A-54 of the Election Code, except as
otherwise limited by subsection (c) of Section 10-4.
(Source: P.A. 90-358, eff. 1-1-98.)
(105 ILCS 5/10-6) (from Ch. 122, par. 10-6)
Sec. 10-6. Regular and special meetings. The directors
shall hold regular meetings at such times as they may
designate, and special meetings at the call of the president
or of any 2 members. Public notice of meetings must be given
as prescribed in Sections 2.02 and 2.03 of the Open Meetings
Act "An Act in relation to meetings", approved July 11, 1957,
as heretofore or hereafter amended. No official business
shall be transacted by the directors except at a regular or a
special meeting. In consolidated districts and in districts
electing a 7-member board of school directors under
subsection (c) of Section 10-4, 4 directors shall constitute
a quorum for the transaction of business., In all other
districts 2 directors shall constitute a quorum for the
transaction of business. If the president or clerk is absent
from any meeting or refuses to perform his duties, a
president or clerk pro tempore shall be appointed. At each
regular and special meeting which is open to the public,
members of the public and employees of the district shall be
afforded time, subject to reasonable constraints, to comment
to or ask questions of the board. When the president or
district superintendent of schools receives a written
correspondence from a resident within the school district's
territory, requesting the consideration of a matter before
the board, the author of the correspondence shall receive a
formal written statement from an appointed official of the
board stating the board's position on their request, no later
than 60 days from the receipt of the correspondence by the
president or district superintendent of schools. The formal
written response from the board shall establish a meeting
before the board or list the reasons for denying the request.
(Source: P.A. 83-787.)
(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
Sec. 10-22.6. Suspension or expulsion of pupils; school
searches.
(a) To expel pupils guilty of gross disobedience or
misconduct, and no action shall lie against them for such
expulsion. Expulsion shall take place only after the parents
have been requested to appear at a meeting of the board, or
with a hearing officer appointed by it, to discuss their
child's behavior. Such request shall be made by registered or
certified mail and shall state the time, place and purpose of
the meeting. The board, or a hearing officer appointed by it,
at such meeting shall state the reasons for dismissal and the
date on which the expulsion is to become effective. If a
hearing officer is appointed by the board he shall report to
the board a written summary of the evidence heard at the
meeting and the board may take such action thereon as it
finds appropriate.
(b) To suspend or by regulation to authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend
pupils guilty of gross disobedience or misconduct, or to
suspend pupils guilty of gross disobedience or misconduct on
the school bus from riding the school bus, and no action
shall lie against them for such suspension. The board may by
regulation authorize the superintendent of the district or
the principal, assistant principal, or dean of students of
any school to suspend pupils guilty of such acts for a period
not to exceed 10 school days. If a pupil is suspended due to
gross disobedience or misconduct on a school bus, the board
may suspend the pupil in excess of 10 school days for safety
reasons. Any suspension shall be reported immediately to the
parents or guardian of such pupil along with a full statement
of the reasons for such suspension and a notice of their
right to a review, a copy of which shall be given to the
school board. Upon request of the parents or guardian the
school board or a hearing officer appointed by it shall
review such action of the superintendent or principal,
assistant principal, or dean of students. At such review the
parents or guardian of the pupil may appear and discuss the
suspension with the board or its hearing officer. If a
hearing officer is appointed by the board he shall report to
the board a written summary of the evidence heard at the
meeting. After its hearing or upon receipt of the written
report of its hearing officer, the board may take such action
as it finds appropriate.
(c) The Department of Human Services shall be invited to
send a representative to consult with the board at such
meeting whenever there is evidence that mental illness may be
the cause for expulsion or suspension.
(d) The board may expel a student for a definite period
of time not to exceed 2 calendar years, as determined on a
case by case basis. A student who is determined to have
brought a weapon to school, any school-sponsored activity or
event, or any activity or event which bears a reasonable
relationship to school shall be expelled for a period of not
less than one year, except that the expulsion period may be
modified by the superintendent, and the superintendent's
determination may be modified by the board on a case by case
basis. For the purpose of this Section, the term "weapon"
means (1) possession, use, control, or transfer of any object
which may be used to cause bodily harm, including but not
limited to gun, rifle, shotgun, a weapon as defined by
Section 921 of Title 18, United States Code, firearm as
defined in Section 1.1 of the Firearm Owners Identification
Act, or use of a weapon as defined in Section 24-1 of the
Criminal Code, (2) any other object if used or attempted to
be used to cause bodily harm, including but not limited to,
knives, guns, firearms, rifles, shotguns, brass knuckles, or
billy clubs, or (3) "look alikes" of any weapon as defined in
this Section. thereof. Such items as baseball bats, pipes,
bottles, locks, sticks, pencils, and pens may be considered
weapons if used or attempted to be used to cause bodily harm.
Expulsion or suspension shall be construed in a manner
consistent with the Federal Individuals with Disabilities
Education Act. A student who is subject to suspension or
expulsion as provided in this Section may be eligible for a
transfer to an alternative school program in accordance with
Article 13A of the School Code. The provisions of this
subsection (d) apply in all school districts, including
special charter districts and districts organized under
Article 34.
(e) To maintain order and security in the schools,
school authorities may inspect and search places and areas
such as lockers, desks, parking lots, and other school
property and equipment owned or controlled by the school, as
well as personal effects left in those places and areas by
students, without notice to or the consent of the student,
and without a search warrant. As a matter of public policy,
the General Assembly finds that students have no reasonable
expectation of privacy in these places and areas or in their
personal effects left in these places and areas. School
authorities may request the assistance of law enforcement
officials for the purpose of conducting inspections and
searches of lockers, desks, parking lots, and other school
property and equipment owned or controlled by the school for
illegal drugs, weapons, or other illegal or dangerous
substances or materials, including searches conducted through
the use of specially trained dogs. If a search conducted in
accordance with this Section produces evidence that the
student has violated or is violating either the law, local
ordinance, or the school's policies or rules, such evidence
may be seized by school authorities, and disciplinary action
may be taken. School authorities may also turn over such
evidence to law enforcement authorities. The provisions of
this subsection (e) apply in all school districts, including
special charter districts and districts organized under
Article 34.
(f) Suspension or expulsion may include suspension or
expulsion from school and all school activities and a
prohibition from being present on school grounds.
(Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff.
1-1-98.)
(105 ILCS 5/17-2.2a) (from Ch. 122, par. 17-2.2a)
Sec. 17-2.2a. (a) Tax for special education programs.
The school board of any district having a population of less
than 500,000 inhabitants may, by proper resolution, levy an
annual tax upon the value as equalized or assessed by the
Department of Revenue, for special education purposes,
including the purposes authorized by Section 10-22.3lb as
follows:
(1) districts maintaining only grades kindergarten
through 8, and prior to July 1, 1970, districts
maintaining only grades 1 through 8, .02%;
(2) districts maintaining only grades 9 through 12,
.02%;
(3) districts maintaining only grades kindergarten
through 12, and prior to July 1, 1970, districts
maintaining only grades 1 through 12, .04%.
The revenue raised by such tax shall be used only for
special education purposes, including the construction and
maintenance of special education facilities.
Upon proper resolution of the school board, the school
district may accumulate such funds for special education
building purposes for a period of 8 years.
Buildings constructed under the provisions of this
Section shall comply with the building code authorized under
Section 2-3.12.
If it is no longer feasible or economical to utilize
classroom facilities constructed with revenues raised and
accumulated by the tax for special education building
purposes, the district, or cooperative district by unanimous
consent, may with the approval of the regional superintendent
of schools and the State Superintendent of Education use such
facilities for regular school purposes. The district or
cooperative of districts shall make comparable facilities
available for special education purposes at another
attendance center which is in a more practical location due
to the proximity of the students served.
(b) If the school board of any district that has levied
the tax authorized by this Section determines that the
accumulated funds from such tax and from the $1,000 State
reimbursement per professional worker received under Section
14-13.02 are no longer required for special education
building purposes, the board may by proper resolution
transfer such funds to any other fund to be used for any
special education purposes authorized by Article 14. Such
transfer shall not be made until after the regional
superintendent has certified to the State Superintendent of
Education that adequate housing provisions have been made for
all children with disabilities residing in the school
district.
(c) The tax rate limits specified in this Section may be
increased to .40% .125% by districts maintaining only grades
kindergarten through 8 or only grades 9 through 12, and to
.80% .25% by districts maintaining grades kindergarten
through 12, upon the approval of a proposition to effect such
increase by a majority of the electors voting on such
proposition at a regular scheduled election. The proposition
may be initiated by resolution of the school board and shall
be certified by the secretary to the proper election
authorities for submission in accordance with the general
election law. If at such election a majority of the votes
cast on the proposition is in favor thereof, the school board
may thereafter until such authority is revoked in like manner
levy annually the tax so authorized.
(Source: P.A. 89-397, eff. 8-20-95.)
(105 ILCS 5/19-1) (from Ch. 122, par. 19-1)
Sec. 19-1. Debt limitations of school districts.
(a) School districts shall not be subject to the
provisions limiting their indebtedness prescribed in "An Act
to limit the indebtedness of counties having a population of
less than 500,000 and townships, school districts and other
municipal corporations having a population of less than
300,000", approved February 15, 1928, as amended.
No school districts maintaining grades K through 8 or 9
through 12 shall become indebted in any manner or for any
purpose to an amount, including existing indebtedness, in the
aggregate exceeding 6.9% on the value of the taxable property
therein to be ascertained by the last assessment for State
and county taxes or, until January 1, 1983, if greater, the
sum that is produced by multiplying the school district's
1978 equalized assessed valuation by the debt limitation
percentage in effect on January 1, 1979, previous to the
incurring of such indebtedness.
No school districts maintaining grades K through 12 shall
become indebted in any manner or for any purpose to an
amount, including existing indebtedness, in the aggregate
exceeding 13.8% on the value of the taxable property therein
to be ascertained by the last assessment for State and county
taxes or, until January 1, 1983, if greater, the sum that is
produced by multiplying the school district's 1978 equalized
assessed valuation by the debt limitation percentage in
effect on January 1, 1979, previous to the incurring of such
indebtedness.
Notwithstanding the provisions of any other law to the
contrary, in any case in which the voters of a school
district have approved a proposition for the issuance of
bonds of such school district at an election held prior to
January 1, 1979, and all of the bonds approved at such
election have not been issued, the debt limitation applicable
to such school district during the calendar year 1979 shall
be computed by multiplying the value of taxable property
therein, including personal property, as ascertained by the
last assessment for State and county taxes, previous to the
incurring of such indebtedness, by the percentage limitation
applicable to such school district under the provisions of
this subsection (a).
(b) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, additional indebtedness may
be incurred in an amount not to exceed the estimated cost of
acquiring or improving school sites or constructing and
equipping additional building facilities under the following
conditions:
(1) Whenever the enrollment of students for the
next school year is estimated by the board of education
to increase over the actual present enrollment by not
less than 35% or by not less than 200 students or the
actual present enrollment of students has increased over
the previous school year by not less than 35% or by not
less than 200 students and the board of education
determines that additional school sites or building
facilities are required as a result of such increase in
enrollment; and
(2) When the Regional Superintendent of Schools
having jurisdiction over the school district and the
State Superintendent of Education concur in such
enrollment projection or increase and approve the need
for such additional school sites or building facilities
and the estimated cost thereof; and
(3) When the voters in the school district approve
a proposition for the issuance of bonds for the purpose
of acquiring or improving such needed school sites or
constructing and equipping such needed additional
building facilities at an election called and held for
that purpose. Notice of such an election shall state that
the amount of indebtedness proposed to be incurred would
exceed the debt limitation otherwise applicable to the
school district. The ballot for such proposition shall
state what percentage of the equalized assessed valuation
will be outstanding in bonds if the proposed issuance of
bonds is approved by the voters; or
(4) Notwithstanding the provisions of paragraphs
(1) through (3) of this subsection (b), if the school
board determines that additional facilities are needed to
provide a quality educational program and not less than
2/3 of those voting in an election called by the school
board on the question approve the issuance of bonds for
the construction of such facilities, the school district
may issue bonds for this purpose; or.
(5) Notwithstanding the provisions of paragraphs
(1) through (3) of this subsection (b), if (i) the school
district has previously availed itself of the provisions
of paragraph (4) of this subsection (b) to enable it to
issue bonds, (ii) the voters of the school district have
not defeated a proposition for the issuance of bonds
since the referendum described in paragraph (4) of this
subsection (b) was held, (iii) the school board
determines that additional facilities are needed to
provide a quality educational program, and (iv) a
majority of those voting in an election called by the
school board on the question approve the issuance of
bonds for the construction of such facilities, the school
district may issue bonds for this purpose.
In no event shall the indebtedness incurred pursuant to
this subsection (b) and the existing indebtedness of the
school district exceed 15% of the value of the taxable
property therein to be ascertained by the last assessment for
State and county taxes, previous to the incurring of such
indebtedness or, until January 1, 1983, if greater, the sum
that is produced by multiplying the school district's 1978
equalized assessed valuation by the debt limitation
percentage in effect on January 1, 1979.
The indebtedness provided for by this subsection (b)
shall be in addition to and in excess of any other debt
limitation.
(c) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, in any case in which a public
question for the issuance of bonds of a proposed school
district maintaining grades kindergarten through 12 received
at least 60% of the valid ballots cast on the question at an
election held on or prior to November 8, 1994, and in which
the bonds approved at such election have not been issued, the
school district pursuant to the requirements of Section
11A-10 may issue the total amount of bonds approved at such
election for the purpose stated in the question.
(d) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, a school district that meets
all the criteria set forth in paragraphs (1) and (2) of this
subsection (d) may incur an additional indebtedness in an
amount not to exceed $4,500,000, even though the amount of
the additional indebtedness authorized by this subsection
(d), when incurred and added to the aggregate amount of
indebtedness of the district existing immediately prior to
the district incurring the additional indebtedness authorized
by this subsection (d), causes the aggregate indebtedness of
the district to exceed the debt limitation otherwise
applicable to that district under subsection (a):
(1) The additional indebtedness authorized by this
subsection (d) is incurred by the school district through
the issuance of bonds under and in accordance with
Section 17-2.11a for the purpose of replacing a school
building which, because of mine subsidence damage, has
been closed as provided in paragraph (2) of this
subsection (d) or through the issuance of bonds under and
in accordance with Section 19-3 for the purpose of
increasing the size of, or providing for additional
functions in, such replacement school buildings, or both
such purposes.
(2) The bonds issued by the school district as
provided in paragraph (1) above are issued for the
purposes of construction by the school district of a new
school building pursuant to Section 17-2.11, to replace
an existing school building that, because of mine
subsidence damage, is closed as of the end of the 1992-93
school year pursuant to action of the regional
superintendent of schools of the educational service
region in which the district is located under Section
3-14.22 or are issued for the purpose of increasing the
size of, or providing for additional functions in, the
new school building being constructed to replace a school
building closed as the result of mine subsidence damage,
or both such purposes.
(e) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, a school district that meets
all the criteria set forth in paragraphs (1) through (5) of
this subsection (e) may, without referendum, incur an
additional indebtedness in an amount not to exceed the lesser
of $5,000,000 or 1.5% of the value of the taxable property
within the district even though the amount of the additional
indebtedness authorized by this subsection (e), when incurred
and added to the aggregate amount of indebtedness of the
district existing immediately prior to the district incurring
that additional indebtedness, causes the aggregate
indebtedness of the district to exceed or increases the
amount by which the aggregate indebtedness of the district
already exceeds the debt limitation otherwise applicable to
that district under subsection (a):
(1) The State Board of Education certifies the
school district under Section 19-1.5 as a financially
distressed district.
(2) The additional indebtedness authorized by this
subsection (e) is incurred by the financially distressed
district during the school year or school years in which
the certification of the district as a financially
distressed district continues in effect through the
issuance of bonds for the lawful school purposes of the
district, pursuant to resolution of the school board and
without referendum, as provided in paragraph (5) of this
subsection.
(3) The aggregate amount of bonds issued by the
financially distressed district during a fiscal year in
which it is authorized to issue bonds under this
subsection does not exceed the amount by which the
aggregate expenditures of the district for operational
purposes during the immediately preceding fiscal year
exceeds the amount appropriated for the operational
purposes of the district in the annual school budget
adopted by the school board of the district for the
fiscal year in which the bonds are issued.
(4) Throughout each fiscal year in which
certification of the district as a financially distressed
district continues in effect, the district maintains in
effect a gross salary expense and gross wage expense
freeze policy under which the district expenditures for
total employee salaries and wages do not exceed such
expenditures for the immediately preceding fiscal year.
Nothing in this paragraph, however, shall be deemed to
impair or to require impairment of the contractual
obligations, including collective bargaining agreements,
of the district or to impair or require the impairment of
the vested rights of any employee of the district under
the terms of any contract or agreement in effect on the
effective date of this amendatory Act of 1994.
(5) Bonds issued by the financially distressed
district under this subsection shall bear interest at a
rate not to exceed the maximum rate authorized by law at
the time of the making of the contract, shall mature
within 40 years from their date of issue, and shall be
signed by the president of the school board and treasurer
of the school district. In order to issue bonds under
this subsection, the school board shall adopt a
resolution fixing the amount of the bonds, the date of
the bonds, the maturities of the bonds, the rates of
interest of the bonds, and their place of payment and
denomination, and shall provide for the levy and
collection of a direct annual tax upon all the taxable
property in the district sufficient to pay the principal
and interest on the bonds to maturity. Upon the filing
in the office of the county clerk of the county in which
the financially distressed district is located of a
certified copy of the resolution, it is the duty of the
county clerk to extend the tax therefor in addition to
and in excess of all other taxes at any time authorized
to be levied by the district. If bond proceeds from the
sale of bonds include a premium or if the proceeds of the
bonds are invested as authorized by law, the school board
shall determine by resolution whether the interest earned
on the investment of bond proceeds or the premium
realized on the sale of the bonds is to be used for any
of the lawful school purposes for which the bonds were
issued or for the payment of the principal indebtedness
and interest on the bonds. The proceeds of the bond sale
shall be deposited in the educational purposes fund of
the district and shall be used to pay operational
expenses of the district. This subsection is cumulative
and constitutes complete authority for the issuance of
bonds as provided in this subsection, notwithstanding any
other law to the contrary.
(f) Notwithstanding the provisions of subsection (a) of
this Section or of any other law, bonds in not to exceed the
aggregate amount of $5,500,000 and issued by a school
district meeting the following criteria shall not be
considered indebtedness for purposes of any statutory
limitation and may be issued in an amount or amounts,
including existing indebtedness, in excess of any heretofore
or hereafter imposed statutory limitation as to indebtedness:
(1) At the time of the sale of such bonds, the
board of education of the district shall have determined
by resolution that the enrollment of students in the
district is projected to increase by not less than 7%
during each of the next succeeding 2 school years.
(2) The board of education shall also determine by
resolution that the improvements to be financed with the
proceeds of the bonds are needed because of the projected
enrollment increases.
(3) The board of education shall also determine by
resolution that the projected increases in enrollment are
the result of improvements made or expected to be made to
passenger rail facilities located in the school district.
(g) Notwithstanding the provisions of subsection (a) of
this Section or any other law, bonds in not to exceed an
aggregate amount of 25% of the equalized assessed value of
the taxable property of a school district and issued by a
school district meeting the criteria in paragraphs (i)
through (iv) of this subsection shall not be considered
indebtedness for purposes of any statutory limitation and may
be issued pursuant to resolution of the school board in an
amount or amounts, including existing indebtedness, in excess
of any statutory limitation of indebtedness heretofore or
hereafter imposed:
(i) The bonds are issued for the purpose of
constructing a new high school building to replace two
adjacent existing buildings which together house a single
high school, each of which is more than 65 years old, and
which together are located on more than 10 acres and less
than 11 acres of property.
(ii) At the time the resolution authorizing the
issuance of the bonds is adopted, the cost of
constructing a new school building to replace the
existing school building is less than 60% of the cost of
repairing the existing school building.
(iii) The sale of the bonds occurs before July 1,
1997.
(iv) The school district issuing the bonds is a
unit school district located in a county of less than
70,000 and more than 50,000 inhabitants, which has an
average daily attendance of less than 1,500 and an
equalized assessed valuation of less than $29,000,000.
(h) Notwithstanding any other provisions of this Section
or the provisions of any other law, until January 1, 1998, a
community unit school district maintaining grades K through
12 may issue bonds up to an amount, including existing
indebtedness, not exceeding 27.6% of the equalized assessed
value of the taxable property in the district, if all of the
following conditions are met:
(i) The school district has an equalized assessed
valuation for calendar year 1995 of less than
$24,000,000;
(ii) The bonds are issued for the capital
improvement, renovation, rehabilitation, or replacement
of existing school buildings of the district, all of
which buildings were originally constructed not less than
40 years ago;
(iii) The voters of the district approve a
proposition for the issuance of the bonds at a referendum
held after March 19, 1996; and
(iv) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(i) Notwithstanding any other provisions of this Section
or the provisions of any other law, until January 1, 1998, a
community unit school district maintaining grades K through
12 may issue bonds up to an amount, including existing
indebtedness, not exceeding 27% of the equalized assessed
value of the taxable property in the district, if all of the
following conditions are met:
(i) The school district has an equalized assessed
valuation for calendar year 1995 of less than
$44,600,000;
(ii) The bonds are issued for the capital
improvement, renovation, rehabilitation, or replacement
of existing school buildings of the district, all of
which existing buildings were originally constructed not
less than 80 years ago;
(iii) The voters of the district approve a
proposition for the issuance of the bonds at a referendum
held after December 31, 1996; and
(iv) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(j) Notwithstanding any other provisions of this Section
or the provisions of any other law, until January 1, 1999, a
community unit school district maintaining grades K through
12 may issue bonds up to an amount, including existing
indebtedness, not exceeding 27% of the equalized assessed
value of the taxable property in the district if all of the
following conditions are met:
(i) The school district has an equalized assessed
valuation for calendar year 1995 of less than
$140,000,000 and a best 3 months average daily attendance
for the 1995-96 school year of at least 2,800;
(ii) The bonds are issued to purchase a site and
build and equip a new high school, and the school
district's existing high school was originally
constructed not less than 35 years prior to the sale of
the bonds;
(iii) At the time of the sale of the bonds, the
board of education determines by resolution that a new
high school is needed because of projected enrollment
increases;
(iv) At least 60% of those voting in an election
held after December 31, 1996 approve a proposition for
the issuance of the bonds; and
(v) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(k) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, a school district that meets
all the criteria set forth in paragraphs (1) through (4) of
this subsection (k) may issue bonds to incur an additional
indebtedness in an amount not to exceed $4,000,000 even
though the amount of the additional indebtedness authorized
by this subsection (k), when incurred and added to the
aggregate amount of indebtedness of the school district
existing immediately prior to the school district incurring
such additional indebtedness, causes the aggregate
indebtedness of the school district to exceed or increases
the amount by which the aggregate indebtedness of the
district already exceeds the debt limitation otherwise
applicable to that school district under subsection (a):
(1) the school district is located in 2 counties,
and a referendum to authorize the additional indebtedness
was approved by a majority of the voters of the school
district voting on the proposition to authorize that
indebtedness;
(2) the additional indebtedness is for the purpose
of financing a multi-purpose room addition to the
existing high school;
(3) the additional indebtedness, together with the
existing indebtedness of the school district, shall not
exceed 17.4% of the value of the taxable property in the
school district, to be ascertained by the last assessment
for State and county taxes; and
(4) the bonds evidencing the additional
indebtedness are issued, if at all, within 120 days of
the effective date of this amendatory Act of 1998.
(l) Notwithstanding any other provisions of this Section
or the provisions of any other law, until January 1, 2000, a
school district maintaining grades kindergarten through 8 may
issue bonds up to an amount, including existing indebtedness,
not exceeding 15% of the equalized assessed value of the
taxable property in the district if all of the following
conditions are met:
(i) the district has an equalized assessed
valuation for calendar year 1996 of less than
$10,000,000;
(ii) the bonds are issued for capital improvement,
renovation, rehabilitation, or replacement of one or more
school buildings of the district, which buildings were
originally constructed not less than 70 years ago;
(iii) the voters of the district approve a
proposition for the issuance of the bonds at a referendum
held on or after March 17, 1998; and
(iv) the bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(m) Notwithstanding any other provisions of this Section
or the provisions of any other law, until January 1, 1999, an
elementary school district maintaining grades K through 8 may
issue bonds up to an amount, excluding existing indebtedness,
not exceeding 18% of the equalized assessed value of the
taxable property in the district, if all of the following
conditions are met:
(i) The school district has an equalized assessed
valuation for calendar year 1995 or less than $7,700,000;
(ii) The school district operates 2 elementary
attendance centers that until 1976 were operated as the
attendance centers of 2 separate and distinct school
districts;
(iii) The bonds are issued for the construction of
a new elementary school building to replace an existing
multi-level elementary school building of the school
district that is not handicapped accessible at all levels
and parts of which were constructed more than 75 years
ago;
(iv) The voters of the school district approve a
proposition for the issuance of the bonds at a referendum
held after July 1, 1998; and
(v) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(Source: P.A. 89-47, eff. 7-1-95; 89-661, eff. 1-1-97;
89-698, eff. 1-14-97; 90-570, eff. 1-28-98.)
(105 ILCS 5/27A-11)
Sec. 27A-11. Financing.
(a) For purposes of the School Code, pupils enrolled in
a charter school shall be included in the pupil enrollment of
the school district within which the pupil resides. Each
charter school (i) shall determine the school district in
which each pupil who is enrolled in the charter school
resides, (ii) shall report the aggregate number of pupils
resident of a school district who are enrolled in the charter
school to the school district in which those pupils reside,
and (iii) shall maintain accurate records of daily attendance
that shall be deemed sufficient to file claims under Section
18-8 notwithstanding any other requirements of that Section
regarding hours of instruction and teacher certification.
(b) As part of a charter school contract, the charter
school and the local school board shall agree on funding and
any services to be provided by the school district to the
charter school. Agreed funding that a charter school is to
receive from the local school board for a school year shall
be paid in equal quarterly installments with the payment of
the installment for the first quarter being made not later
than July 1, unless the charter establishes a different
payment schedule.
All services centrally or otherwise provided by the
school district including, but not limited to, food services,
custodial services, maintenance, curriculum, media services,
libraries, transportation, and warehousing shall be subject
to negotiation between a charter school and the local school
board and paid for out of the revenues negotiated pursuant to
this subsection (b); provided that the local school board
shall not attempt, by negotiation or otherwise, to obligate a
charter school to provide pupil transportation for pupils for
whom a district is not required to provide transportation
under the criteria set forth in subsection (a)(13) of Section
27A-7.
In no event shall the funding be less than 75% or more
than 125% of the school district's per capita student tuition
multiplied by the number of students residing in the district
who are enrolled in the charter school.
It is the intent of the General Assembly that funding and
service agreements under this subsection (b) shall be neither
a financial incentive nor a financial disincentive to the
establishment of a charter school.
Fees collected from students enrolled at a charter school
shall be retained by the charter school.
(c) Notwithstanding subsection (b) of this Section, the
proportionate share of State and federal resources generated
by students with disabilities or staff serving them shall be
directed to charter schools enrolling those students by their
school districts or administrative units. The proportionate
share of moneys generated under other federal or State
categorical aid programs shall be directed to charter schools
serving students eligible for that aid.
(d)(1) The governing body of a charter school is
authorized to accept gifts, donations, or grants of any kind
made to the charter school and to expend or use gifts,
donations, or grants in accordance with the conditions
prescribed by the donor; however, a gift, donation, or grant
may not be accepted by the governing body if it is subject to
any condition contrary to applicable law or contrary to the
terms of the contract between the charter school and the
local school board. Charter schools shall be encouraged to
solicit and utilize community volunteer speakers and other
instructional resources when providing instruction on the
Holocaust and other historical events.
(2) From amounts appropriated to the State Board for
purposes of this subsection (d)(2), the State Board may make
loans to charter schools established under this Article to be
used by those schools to defer their start-up costs of
acquiring textbooks and laboratory and other equipment
required for student instruction. Any such loan shall be made
to a charter school at the inception of the term of its
charter, under terms established by the State Board, and
shall be repaid by the charter school over the term of its
charter. A local school board is not responsible for the
repayment of the loan.
(e) No later than January 1, 1997, the State Board shall
issue a report to the General Assembly and the Governor
describing the charter schools certified under this Article,
their geographic locations, their areas of focus, and the
numbers of school children served by them.
(f) The State Board shall provide technical assistance
to persons and groups preparing or revising charter
applications.
(g) At the non-renewal or revocation of its charter,
each charter school shall refund to the local board of
education all unspent funds.
(h) A charter school is authorized to incur temporary,
short term debt to pay operating expenses in anticipation of
receipt of funds from the local school board.
(Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98.)
(105 ILCS 5/34A-411) (from Ch. 122, par. 34A-411)
Sec. 34A-411. Termination and reinstatement of
Authority's power under this Article.
(a) The powers and responsibilities granted to or
imposed upon the Authority and the Board under Sections
34A-401 through 34A-410 of this Article shall not be
exercised after the Authority has certified to the Governor
and the Mayor that the Board has completed 6 successive
Fiscal Years of balanced Budgets pursuant to the accounting
and other principles prescribed by the Authority.
Notwithstanding the foregoing sentence, Sections 34A-402,
34A-404, 34A-405, and 34A-408 shall continue in full force
and effect after such certification of the completion of 6
successive Fiscal Years of balanced Budgets.
(b) Upon determination by the Authority and
certification of the Authority to the Governor and the Mayor
that the Board has failed to adopt a balanced Budget by
August 15th immediately preceding the commencement of each
Fiscal Year or failed to achieve a balanced Budget for two
successive Fiscal Years, subsequent to a time in which the
powers and responsibilities of the Authority and the Board
are not exercised pursuant to paragraph (a) of this Section,
the Authority and Board shall resume the exercise of their
respective powers and responsibilities pursuant to each
Section of this Article.
(c) Notwithstanding the provisions of subsections (a)
and (b) of this Section or any other provision of law to the
contrary, the powers and responsibilities granted to or
imposed upon the Authority and the Board under Sections
34A-401 through 34A-410 and Section 34A-606 are suspended
until July 1, 2004 1999.
(Source: P.A. 88-511; 89-15, eff. 5-30-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.