|
resolution or ordinance initiating the submission of a
public |
question, other than a legislative resolution initiating an
|
amendment to the Constitution, may specify such submission at |
an
election more than one year, or 15 months in the case of a |
back door referendum as defined in subsection (f), after the |
date on which it is filed or
adopted, as the case may be. A |
petition, resolution or ordinance
initiating a public question |
which specifies a particular election at
which the question is |
to be submitted shall be so limited, and shall not
be valid as |
to any other election, other than an emergency referendum
|
ordered pursuant to Section 2A-1.4.
|
(e) If a petition initiating a public question does not |
specify a
regularly scheduled election, the public question |
shall be submitted to
referendum at the next regular election |
occurring not less than 78 days
after the filing of the |
petition, or not less than 108 days after the
filing of a |
petition for referendum to create a political subdivision. If
a |
resolution or ordinance initiating a public question does not |
specify a
regularly scheduled election, the public question |
shall be submitted to
referendum at the next regular election |
occurring not less than 65 days
after the adoption of the |
resolution or ordinance.
|
(f) In the case of back door referenda, any limitations in |
another
statute authorizing such a referendum which restrict |
the time in which
the initiating petition may be validly filed |
shall apply to such
petition, in addition to the filing |
deadlines specified in this Section
for submission at a |
particular election. In the case of any back door
referendum, |
the publication of the ordinance or resolution of the political
|
subdivision shall include a notice of (1) the specific number |
of voters
required to sign a petition requesting that a public |
question be submitted
to the voters of the subdivision; (2) the |
time within which the petition must
be filed; and (3) the date |
of the prospective referendum. The secretary or
clerk of the |
political subdivision shall provide a petition form to any
|
individual requesting one. The legal sufficiency of that form, |
|
if provided by the secretary or clerk of the political |
subdivision, cannot be the basis of a challenge to placing the |
back door referendum on the ballot. As used herein, a "back |
door
referendum" is the submission of a public question to the |
voters of a
political subdivision, initiated by a petition of |
voters or residents of
such political subdivision, to determine |
whether an action by the
governing body of such subdivision |
shall be adopted or rejected.
|
(g) A petition for the incorporation or formation of a new
|
political subdivision whose officers are to be elected rather |
than appointed
must have attached to it an affidavit attesting |
that at least 108 days and
no more than 138 days prior to such |
election notice of intention to file
such petition was |
published in a newspaper published within the proposed
|
political subdivision, or if none, in a newspaper of general |
circulation
within the territory of the proposed political |
subdivision in substantially
the following form:
|
NOTICE OF PETITION TO FORM A NEW........
|
Residents of the territory described below are notified |
that a petition
will or has been filed in the Office |
of............requesting a referendum
to establish a |
new........, to be called the............
|
*The officers of the new...........will be elected on the |
same day as the
referendum. Candidates for the governing board |
of the new......may file
nominating petitions with the officer |
named above until...........
|
The territory proposed to comprise the new........is |
described as follows:
|
(description of territory included in petition)
|
(signature)....................................
|
Name and address of person or persons proposing
|
the new political subdivision.
|
* Where applicable.
|
Failure to file such affidavit, or failure to publish the |
required notice
with the correct information contained therein |
shall render the petition,
and any referendum held pursuant to |
|
such petition, null and void.
|
Notwithstanding the foregoing provisions of this |
subsection (g) or any
other provisions of this Code, the |
publication of notice and affidavit
requirements of this |
subsection (g) shall not apply to any petition filed
under |
Article 7 or 11E , 7A, 11A, 11B, or 11D of the School Code nor to |
any
referendum
held pursuant to any such petition, and neither |
any petition filed under
any of those Articles nor any |
referendum held pursuant to any such petition
shall be rendered |
null and void because of the failure to file an affidavit
or |
publish a notice with respect to the petition or referendum as |
required
under this subsection (g) for petitions that are not |
filed under any of
those Articles of the School Code.
|
(Source: P.A. 94-30, eff. 6-14-05; 94-578, eff. 8-12-05; |
revised 8-19-05.)
|
Section 10. The School Code is amended by changing Sections |
1B-21, 5-32, 7-02, 7-6, 7-11, 9-11.2, 9-12, 10-10, 10-11, |
10-16, 10-21.12, 11C-6, 11C-9, 18-8.05, 19-1, and 20-2 and by |
adding Section 10-10.5 and Article 11E as follows:
|
(105 ILCS 5/1B-21)
|
Sec. 1B-21. Dissolution and annexation. Any school |
district that before
the effective date of this amendatory Act |
of 1994 has received approval from
its regional board of school |
trustees to dissolve and annex to an adjoining
district and |
that has had the appointment of a Financial Oversight Panel |
under
this Article 1B to assist its continued operation during |
the appeal of the
decision of the regional board of school |
trustees shall be dissolved and
annexed to the adjoining |
district approved in the decision of the regional
board of |
school trustees, effective July 1, 1994. Except as otherwise |
provided
by this amendatory Act of 1994, the dissolution and |
annexation shall be
governed by Article 7 of the School Code |
and be treated as if the dissolution
and annexation had taken |
effect
pursuant to the decision of the regional board of school |
|
trustees. The
annexing district's supplementary State aid |
payable under Section 11E-135
18-8.3 of this
the
School Code |
shall be calculated as of June 30 prior to the date of the |
decision
of the regional board of school trustees.
|
(Source: P.A. 88-535.)
|
(105 ILCS 5/5-32) (from Ch. 122, par. 5-32)
|
Sec. 5-32. Failure to maintain schools - Transportation and |
tuition. If any school district other than a non-high school |
district shall for 1
year fail to maintain within the |
boundaries of the school district a
recognized public school as |
required by law, such district shall become
automatically |
dissolved and the property and territory of such district
shall |
be disposed of in the manner provided for the disposal of
|
territory and property in Section 7-11 of this Act. However, a |
school
district shall not be dissolved where the State Board of |
Education and the
regional superintendent of the region in |
which a
district has legally authorized the building of a |
school and legally
selected a school house site and has issued |
bonds for such building
shall jointly find and certify that |
such building has been authorized,
site selected and bonds |
issued.
|
If a district has its territory included within a petition |
to form a
community unit district under Article 11E
11 of this |
Code
Act, that district may
not be dissolved under this Section |
until the end of the school year in
which all proceedings |
relating to formation of that community unit
district are |
finally concluded, whether by disallowance of the petition,
by |
referendum, by a final court decision or otherwise. Until such
|
proceedings are finally concluded, the regional superintendent |
having
jurisdiction of the district that is not maintaining a |
recognized school
shall assign the pupils of that district to |
an adjoining school
district, subject to Section 11-12 of this |
Act and subject to the
requirement that the district from which |
the pupils are so assigned
shall pay tuition for such pupils to |
the district to which the pupils
are assigned, in accordance |
|
with Section 10-20.12a of this Act or in
such lesser amount as |
may be agreed to by the 2 districts.
|
However, until July 1, 1969 or one year after the entry of |
a final
decision by a court of competent jurisdiction in the |
event of litigation
with respect to any of the matters set |
forth in this Section, whichever
is the later, notwithstanding |
the provisions of this Section, any
protectorate high school |
district composed of contiguous and compact
territory having |
not less than 2,000 inhabitants and which has an
equalized |
assessed valuation of not less than $6,000,000, shall be and
|
remain a protectorate high school district if a majority of the |
pupils
attend a high school in a special charter district |
maintaining grades 1
through 12 and if during that period the |
voters of the district, by
referendum to be ordered by the |
board, vote in favor of the proposition that
such district |
maintain and operate a high school within such district,
and |
also authorize the purchase of a school site, the building of a
|
school building and the issuance of bonds for such purpose, |
which bonds
are duly issued. The Board shall certify the |
proposition to the proper
election authorities for submission, |
in accordance with the general
election law.
|
The proposition to maintain and operate a high school |
within such
district shall be in substantially the following |
form:
|
-------------------------------------------------------------
|
Shall ......................
|
High School District Number ......, YES
|
........... County, Illinois,
|
maintain and operate a high school ------------------------
|
within that High School
|
District and for the benefit NO
|
of the pupils residing therein?
|
-------------------------------------------------------------
|
and is approved if a majority of the voters voting on the |
proposition is
in favor thereof. The proposition of purchasing |
a school site, the
building of a school building and the |
|
issuance of bonds for such purpose
shall be submitted to the |
voters and may be voted upon at the same election
that the |
proposition of maintaining and operating a high school within |
the
district is submitted or at any regularly scheduled |
election subsequent
thereto as may be
ordered by the board. |
Thereupon, that protectorate high school
district shall |
thereafter exist as a community high school district and
|
possess and enjoy all of the powers, duties and authorities of |
a
community high school district organized under Article 12 of |
this Act.
|
Throughout its existence as a protectorate district and |
until the
legal voters residing in the district have determined |
to maintain and
operate a high school within the district and |
have been authorized to
purchase a school site, build a school |
building and to issue bonds for
such purpose and which bonds |
are duly issued, or until the dissolution
of the district as |
required by this Section, such protectorate district
may use |
its funds to pay for the tuition and transportation of the
|
pupils in such district that attend a high school in a special |
charter
district maintaining grades 1 through 12. A |
protectorate high school
district is defined to be a district |
which does not own or operate its
own school buildings.
|
(Source: P.A. 81-1550.)
|
(105 ILCS 5/7-02) (from Ch. 122, par. 7-02)
|
Sec. 7-02. Limitations. The provisions of this Article |
providing for
the change in school district boundaries by |
detachment, annexation,
division or dissolution, or by any |
combination of those methods, are
subject to the provisions of |
this Section. Whenever due to fire,
explosion, tornado or any |
Act of God the school buildings or one or more of
the principal |
school buildings comprising an attendance center within a
|
school district are destroyed or substantially destroyed and |
rendered unfit
for school purposes, the provisions of this |
Article shall not be available
to permit a division of that |
district, or a dissolution, detachment or
annexation of any |
|
part thereof, or any combination of such
results during a |
period from the date of such destruction or substantial
|
destruction until 30 days after the second regular election of |
board
members following such destruction or substantial |
destruction. Nothing in
this Section shall be deemed to |
prohibit the combining of the entire
district with another |
entire district or with other entire districts during
such |
period pursuant to the provisions of Article 11E
11A or 11B.
|
(Source: P.A. 85-833.)
|
(105 ILCS 5/7-6) (from Ch. 122, par. 7-6)
|
Sec. 7-6. Petition filing; Notice; Hearing; Decision.
|
(a) Upon the filing of a petition with the secretary of the |
regional board
of school trustees under the provisions of |
Section 7-1 or 7-2 of this
Act the secretary shall cause a copy |
of such petition to be given to
each board of any district |
involved in the proposed boundary change and
shall cause a |
notice thereof to be published once in a newspaper having
|
general circulation within the area of the territory described |
in the
petition for the proposed change of boundaries.
|
(b) When a joint hearing is required under the provisions |
of Section
7-2, the secretary also shall cause a copy of the |
notice to be sent to the
regional board of school trustees of |
each region affected. Notwithstanding
the foregoing provisions |
of this Section, if the secretary of the regional
board of |
school trustees with whom a petition is filed under Section 7-2 |
fails,
within 30 days after the filing of such petition, to |
cause notice thereof
to be published and sent as required by |
this Section, then the secretary of
the regional board of |
school trustees of any other region affected may
cause the |
required notice to be published and sent, and the joint hearing
|
may be held in any region affected as provided in the notice so
|
published.
|
(b-5) If a petition filed under subsection (a) of Section |
7-1 or under
Section 7-2 proposes to annex all the territory of |
a school district to another
school district, the petition |
|
shall request the
submission of a proposition at a regular |
scheduled election for the purpose of
voting for or against the |
annexation of the
territory described in the petition to the |
school district proposing to annex
that territory. No petition |
filed or election held under this Article shall be
null and |
void, invalidated, or deemed in noncompliance with the Election |
Code
because of a failure to publish a notice with respect to |
the petition or
referendum as required under subsection (g) of |
Section 28-2 of that Code for
petitions that are not filed |
under this Article or Article 11E
7A, 11A, 11B, or 11D
of this
|
the School Code.
|
(c) When a petition contains more than 10 signatures the |
petition shall
designate a committee of 10 of the petitioners |
as attorney in fact for all
petitioners, any 7 of whom may make |
binding stipulations on behalf of all
petitioners as to any |
question with respect to the petition or hearing or
joint |
hearing, and the regional board of school trustees, or regional
|
boards of school trustees in cases of a joint hearing may |
accept such
stipulation in lieu of evidence or proof of the |
matter stipulated. The
committee of petitioners shall have the |
same power to stipulate to
accountings or waiver thereof |
between school districts; however, the
regional board of school |
trustees, or regional boards of school trustees in
cases of a |
joint hearing may refuse to accept such stipulation.
Those |
designated as the committee of 10 shall serve in that capacity |
until
such time as the regional superintendent of schools or |
the committee of 10
determines that, because of death, |
resignation, transfer of residency from the
territory, or |
failure to qualify, the office of a particular member of the
|
committee of 10 is vacant. Upon determination that a vacancy |
exists, the
remaining members shall appoint a petitioner to |
fill the designated vacancy on
the committee of 10. The |
appointment of any new members by the committee of 10
shall be |
made by a simple majority vote of the remaining designated |
members.
|
(d) The petition may be amended to withdraw not to exceed a |
|
total of 10%
of the territory in the petition at any time prior |
to the hearing or joint
hearing; provided that the petition |
shall after amendment comply with the
requirements as to the |
number of signatures required on an original petition.
|
(e) The petitioners shall pay the expenses of publishing |
the notice and
of any transcript taken at the hearing or joint |
hearing; and in case of an
appeal from the decision of the |
regional board of school trustees, or
regional boards of school |
trustees in cases of a joint hearing, or State
Superintendent |
of Education in cases determined under subsection (l) of
this |
Section, the appellants shall pay the cost of preparing the |
record
for appeal.
|
(f) The notice shall state when the petition was filed, the |
description
of the territory, the prayer of the petition and |
the return day on which
the hearing or joint hearing upon the |
petition will be held which shall not
be more than 15 nor less |
than 10 days after the publication of notice.
|
(g) On such return day or on a day to which the regional |
board of school
trustees, or regional boards of school trustees |
in cases of a joint
hearing shall continue the hearing or joint |
hearing the regional board of
school trustees, or regional |
boards of school trustees in cases of a joint
hearing shall |
hear the petition but may adjourn the hearing or joint
hearing |
from time to time or may continue the matter for want of |
sufficient
notice or other good cause.
|
(h) Prior to the hearing or joint hearing the secretary of |
the regional
board of school trustees shall submit to the |
regional board of school trustees,
or regional boards of school |
trustees in cases of a joint hearing maps showing
the districts |
involved, a written report of financial and educational
|
conditions of districts involved and the probable effect of the |
proposed
changes. The reports and maps submitted shall be made |
a part of the record of
the proceedings of the regional board |
of school trustees, or regional boards of
school trustees in |
cases of a joint hearing. A copy of the report and maps
|
submitted shall be sent by the secretary of the regional board |
|
of school
trustees to each board of the districts involved, not |
less than 5 days prior to
the day upon which the hearing or |
joint hearing is to be held.
|
(i) The regional board of school trustees, or regional |
boards of school
trustees in cases of a joint hearing shall |
hear evidence as to the school
needs and conditions of the |
territory in the area within and adjacent
thereto and as to the |
ability of the districts affected to meet the
standards of |
recognition as prescribed by the State Board of Education, and
|
shall take into consideration the division of funds and assets |
which will
result from the change of boundaries and shall |
determine whether it is to
the best interests of the schools of |
the area and the educational welfare
of the pupils that such |
change in boundaries be granted, and in case
non-high school |
territory is contained in the petition the normal high
school |
attendance pattern of the children shall be taken into
|
consideration. If the non-high school territory overlies an |
elementary
district, a part of which is in a high school |
district, such territory may
be annexed to such high school |
district even though not contiguous to the
high school |
district. However, upon resolution by the regional board of
|
school trustees, or regional boards of school trustees in cases |
of a joint
hearing the secretary or secretaries thereof shall |
conduct the hearing or
joint hearing upon any boundary petition |
and present a transcript of such
hearing to the trustees who |
shall base their decision upon the transcript,
maps and |
information and any presentation of counsel.
|
(j) At the hearing or joint hearing any resident of the |
territory described
in the petition or any resident in any |
district affected by the proposed change
of boundaries may |
appear in person or by an attorney in support of the
petition |
or to object to the granting of the petition and may present
|
evidence in support of his position.
|
(k) At the conclusion of the hearing, other than a joint |
hearing,
the regional superintendent of schools as ex officio |
member of the regional
board of school trustees shall within 30 |
|
days enter an order either
granting or denying the petition and |
shall deliver to the committee of
petitioners, if any, and any |
person who has filed his appearance in
writing at the hearing |
and any attorney who appears for any person and
any objector |
who testifies at the hearing and the regional superintendent
of |
schools a certified copy of its order.
|
(l) Notwithstanding the foregoing provisions of this |
Section, if
within 9 months after a petition is submitted under |
the provisions of
Section 7-1 the petition is not approved or |
denied by the regional board of
school trustees and the order |
approving or denying that petition entered and
a copy thereof |
served as provided in this Section, the school boards or
|
registered voters of the districts affected that submitted the |
petition (or
the committee of 10, or an attorney acting on its |
behalf, if designated
in the petition) may submit a copy of the |
petition directly to the State
Superintendent of Education for |
approval or denial. The copy of the petition
as so submitted |
shall be accompanied by a record of all proceedings had with
|
respect to the petition up to the time the copy of the petition |
is submitted to
the State Superintendent of Education |
(including a copy of any notice given or
published, any |
certificate or other proof of publication, copies of any maps |
or
written report of the financial and educational conditions |
of the school
districts affected if furnished by the secretary |
of the regional board of
school trustees, copies of any |
amendments to the petition and stipulations
made, accepted or |
refused, a transcript of any hearing or part of a hearing
held, |
continued or adjourned on the petition, and any orders entered |
with
respect to the petition or any hearing held thereon). The |
school boards,
registered voters or committee of 10 submitting |
the petition and record of
proceedings to the State |
Superintendent of Education shall give written notice
by |
certified mail, return receipt requested to the regional board |
of school
trustees and to the secretary of that board that the |
petition has been
submitted to the State Superintendent of |
Education for approval or denial, and
shall furnish a copy of |
|
the notice so given to the State Superintendent of
Education. |
The cost of assembling the record of proceedings for submission |
to
the State Superintendent of Education shall be the |
responsibility of the school
boards, registered voters or |
committee of 10 that submits the petition and
record of |
proceedings to the State Superintendent of Education. When a
|
petition is submitted to the State Superintendent of Education |
in accordance
with the provisions of this paragraph:
|
(1) The regional board of school trustees loses all |
jurisdiction over
the petition and shall have no further |
authority to hear, approve, deny
or otherwise act with |
respect to the petition.
|
(2) All jurisdiction over the petition and the right |
and duty to hear,
approve, deny or otherwise act with |
respect to the petition is transferred
to and shall be |
assumed and exercised by the State Superintendent of |
Education.
|
(3) The State Superintendent of Education shall not be |
required to repeat
any proceedings that were conducted in |
accordance with the provisions of
this Section prior to the |
time jurisdiction over the petition is transferred
to him, |
but the State Superintendent of Education shall be required |
to give
and publish any notices and hold or complete any |
hearings that were
not given, held or completed by the |
regional board of school trustees or
its secretary as |
required by this Section prior to the time jurisdiction
|
over the petition is transferred to the State |
Superintendent of Education.
|
(4) If so directed by the State Superintendent of |
Education, the regional
superintendent of schools shall |
submit to the State Superintendent of
Education and to such |
school boards as the State Superintendent of Education
|
shall prescribe accurate maps and a written report of the |
financial and
educational conditions of the districts |
affected and the probable effect of
the proposed boundary |
changes.
|
|
(5) The State Superintendent is authorized to conduct |
further
hearings, or appoint a hearing officer to conduct |
further hearings,
on the petition even though a hearing |
thereon was held as provided in this
Section prior to the |
time jurisdiction over the petition is transferred to
the |
State Superintendent of Education.
|
(6) The State Superintendent of Education or the |
hearing officer shall
hear evidence and approve or deny the |
petition and shall enter an order to that
effect and |
deliver and serve the same as required in other cases to be |
done by
the regional board of school trustees and the |
regional superintendent of
schools as an ex officio member |
of that board.
|
(m) Within 10 days after the conclusion of a joint hearing |
required under
the provisions of Section 7-2, each regional |
board of school trustees shall
meet together and render a |
decision with regard to the joint hearing on the
petition. If |
the regional boards of school trustees fail to enter a joint
|
order either granting or denying the petition, the regional |
superintendent
of schools for the educational service region in |
which the joint hearing is
held shall enter an order denying |
the petition, and within 30 days after the
conclusion of the |
joint hearing shall deliver a copy of the order denying the
|
petition to the regional boards of school trustees of each |
region affected,
to the committee of petitioners, if any, to |
any person who has filed his
appearance in writing at the |
hearing and to any attorney who appears for
any person at the |
joint hearing. If the regional boards of school trustees
enter |
a joint order either granting or denying the petition, the |
regional
superintendent of schools for the educational service |
region in which the
joint hearing is held shall, within 30 days |
of the conclusion of the
hearing, deliver a copy of the joint |
order to those same committees and
persons as are entitled to |
receive copies of the regional superintendent's
order in cases |
where the regional boards of school trustees have failed to
|
enter a joint order.
|
|
(n) Within 10 days after service of a copy of the order |
granting or
denying the petition, any person so served may |
petition for a rehearing
and, upon sufficient cause being |
shown, a rehearing may be granted. The
filing of a petition for |
rehearing shall operate as a stay of enforcement
until the |
regional board of school trustees, or regional boards of school
|
trustees in cases of a joint hearing, or State Superintendent |
of Education
in cases determined under subsection (l) of this |
Section enter the final
order on such petition for rehearing.
|
(o) If a petition filed under subsection (a) of Section 7-1 |
or under
Section 7-2 is required under the provisions of |
subsection (b-5) of this
Section 7-6 to request submission of a |
proposition at a regular scheduled
election for the purpose of |
voting for or against the annexation of the
territory described |
in the petition to the
school district proposing to annex that |
territory, and if the petition is
granted or approved by the |
regional board or regional boards of school trustees
or by the |
State Superintendent of Education, the proposition shall be |
placed on
the ballot at the next regular scheduled election.
|
(Source: P.A. 90-459, eff. 8-17-97.)
|
(105 ILCS 5/7-11) (from Ch. 122, par. 7-11)
|
Sec. 7-11. Annexation of dissolved non-operating |
districts. If any school district has become dissolved as |
provided in Section 5-32,
or if a petition for dissolution is |
filed under subsection (b) of
Section 7-2a, the regional board |
of school trustees shall attach the
territory of such
dissolved |
district to one or more districts and, if the territory is |
added
to 2 or more districts, shall divide the property of the |
dissolved
district among the districts to which its territory |
is added, in the manner
provided for the division of property |
in case of the organization of a new
district from a part of |
another district.
The regional board of school trustees of the |
region in which the regional
superintendent has supervision |
over the school district that is dissolved
shall have all power |
necessary to annex the territory of the dissolved
district as |
|
provided in this Section, including the power to attach the
|
territory to a school district under the supervision of the |
regional
superintendent of another educational service region. |
The annexation of
the territory of a dissolved school district |
under this Section shall
entitle the school districts involved |
in the annexation to payments from
the State Board of Education |
under subsection (A)(5)(m) of Section
18-8 or subsection (I) of |
Section 18-8.05 and under Sections 18-8.2 and
18-8.3 in the |
same manner and to the same extent
authorized in the case of |
other annexations under this Article. Other
provisions of this |
Article 7 of The School Code shall apply to and govern
|
dissolutions and annexations under this Section and Section |
7-2a, except
that it is the intent of the General Assembly that |
in the case of conflict the
provisions of this Section and |
Section 7-2a shall control over the other
provisions of this |
Article.
|
The regional board of school trustees shall give notice of
|
a hearing, to be held not less than 50 days nor more than 70 |
days after a
school district is dissolved under Section 5-32 or |
a petition is filed
under subsection (b) of Section 7-2a, on
|
the disposition of the territory of such school district by |
publishing a
notice thereof at least once each week for 2 |
successive weeks in at least
one newspaper having a general |
circulation within the area of the territory
involved. At such |
hearing, the regional board of school trustees shall hear
|
evidence as to the school needs and conditions of the territory |
and of the
area within and adjacent thereto, and shall take |
into consideration the
educational welfare of the pupils of the |
territory and the normal high
school attendance pattern of the |
children. In the case of an elementary
school district if all |
the eighth grade graduates of such district
customarily attend |
high school in the same high school district, the
regional |
board of school trustees shall, unless it be
impossible because |
of the
restrictions of a special charter district, annex the |
territory of the
district to a contiguous elementary school |
district whose eighth grade
graduates customarily attend that |
|
high school, and that has an elementary
school building nearest |
to the center of the territory to be annexed, but
if such |
eighth grade graduates customarily attend more than one high |
school
the regional board of school trustees shall determine |
the
attendance pattern
of such graduates and divide the |
territory of the district among the
contiguous elementary |
districts whose graduates attend the same respective
high |
schools.
|
The decision of the regional board of school trustees in
|
such matter shall be issued within 10 days after the conclusion |
of the
hearing and deemed an "administrative decision" as |
defined in
Section 3-101 of the
Code of Civil Procedure and any |
resident who appears at the hearing
or any petitioner may |
within 10 days after a copy of the decision sought
to be |
reviewed was served by registered mail upon the party affected
|
thereby file a complaint for the judicial review of
such |
decision in accordance with the "Administrative Review Law", |
and all
amendments and modifications thereof and the rules |
adopted pursuant
thereto. The commencement of any action for |
review shall operate as a stay
of enforcement, and no further |
proceedings shall be had until final
disposition of such |
review.
The final decision of the regional board of school |
trustees or of any
court upon judicial review shall become |
effective under Section 7-9 in the
case of a petition for |
dissolution filed under subsection (b) of Section
7-2a, and a |
final decision shall become effective immediately following |
the
date no further appeal is allowable in the case of a |
district dissolved
under Section 5-32.
|
Notwithstanding the foregoing provisions of this Section |
or any other
provision of law to the contrary, the school board |
of the Mt. Morris School
District is authorized to donate to |
the City of Mount Morris, Illinois the
school building and |
other real property used as a school site by the Mt. Morris
|
School District at the time of its dissolution, by appropriate |
resolution
adopted by the school board of the district prior to |
the dissolution of the
district; and upon the adoption of a |
|
resolution by the school board donating
the school building and |
school site to the City of Mount Morris, Illinois as
authorized |
by this Section, the regional board of school trustees or other
|
school officials holding legal title to the school building and |
school site so
donated shall immediately convey the same to the |
City of Mt. Morris,
Illinois.
|
(Source: P.A. 90-548, eff. 1-1-98.)
|
(105 ILCS 5/9-11.2) (from Ch. 122, par. 9-11.2)
|
Sec. 9-11.2. For all school districts electing candidates |
to a board
of education in a manner other than at large, |
candidates not elected at
large who file
nominating petitions |
for a full term shall be grouped together by area of
residence |
as follows:
|
(1) by congressional townships, or
|
(2) according to incorporated or unincorporated areas.
|
For all school districts electing candidates to a board of |
education in a
manner other than at large, candidates not |
elected at large who file
nominating petitions for an
unexpired |
term shall be grouped together by area of residence as follows:
|
(1) by congressional townships, or
|
(2) according to incorporated or unincorporated areas.
|
Candidate
groupings by area of residence for unexpired |
terms shall precede the
candidate groupings by area of |
residence for full terms on the ballot.
In all instances, |
however,
the ballot order of each candidate grouping shall be |
determined by the
order of petition filing or lottery held |
pursuant to Section 9-11.1 in the
following manner:
|
The area of residence of the candidate determined to be |
first by order of
petition filing or by lottery shall be listed |
first among the candidate
groupings on the ballot. All other |
candidates from the same area of
residence will follow |
according to order of petition filing or the lottery.
The area |
of residence of the candidate determined to be second by the
|
order of petition filing or the
lottery shall be listed second |
among the candidate groupings on the ballot.
All other |
|
candidates from the same area of residence will follow |
according
to the order of petition filing or the lottery. The |
ballot order of
additional candidate groupings by area of |
residence shall be established in a
like manner.
|
In any school district that elects its board members |
according to area of
residence and that has one or more |
unexpired terms to be filled at an election,
the winner or |
winners of the unexpired term or terms shall be determined |
first
and independently of those running for full terms. The |
winners of the full
terms shall then be determined taking into |
consideration the areas of residence
of those elected to fill |
the unexpired term or terms.
|
"Area of Residence" means congressional township and
|
incorporated and
unincorporated territories.
|
"Affected school district" means either of the 2 entire |
elementary school
districts that are formed into a combined |
school district established as
provided in subsection (a-5)
of |
Section 11B-7.
|
(Source: P.A. 93-1079, eff. 1-21-05.)
|
(105 ILCS 5/9-12) (from Ch. 122, par. 9-12)
|
Sec. 9-12. Ballots for the election of school officers |
shall be in one
of the following forms:
|
(FORMAT 1
|
Ballot position for candidates shall be determined by the |
order of
petition filing or lottery held pursuant to Section |
9-11.1.
|
This format is used by Boards of School Directors. School |
Directors are
elected at large.)
|
OFFICIAL BALLOT
|
FOR MEMBERS OF THE BOARD OF SCHOOL
|
DIRECTORS TO SERVE AN UNEXPIRED 2-YEAR TERM
|
VOTE FOR ....
|
( ) .......................................
|
( ) .......................................
|
|
( ) .......................................
|
FOR MEMBERS OF THE BOARD OF SCHOOL
|
DIRECTORS TO SERVE A FULL 4-YEAR TERM
|
VOTE FOR ....
|
( ) ........................................
|
( ) ........................................
|
( ) ........................................
|
(FORMAT 2
|
Ballot position for candidates shall be determined by the |
order of
petition filing or lottery held pursuant to Section |
9-11.1.
|
This format is used when school board members are elected |
at large.
Membership on the school board is not restricted by |
area of residence.
|
Types of school districts generally using this format are:
|
Common school districts;
|
Community unit and community consolidated school districts |
formed on or
after January 1, 1975;
|
Community unit school districts formed prior to January 1, |
1975 that
elect board members at large and without restriction |
by area of residence
within the district under subsection (c) |
of Section 11A-8 (now repealed);
|
Community unit, community consolidated and combined school |
districts in which
more than 90% of the population is in one |
congressional township;
|
High school districts in which less than 15% of the taxable |
property is
located in unincorporated territory; and unit |
districts (OLD TYPE);
|
Combined school districts formed on or after July 1, 1983;
|
Combined school districts formed before July 1, 1983
and |
community consolidated school districts that elect board
|
members at large and without restriction by area of residence |
within the
district under subsection (c) of Section 11B-7 (now |
repealed).)
|
OFFICIAL BALLOT
|
|
FOR MEMBERS OF THE BOARD OF
|
EDUCATION TO SERVE AN UNEXPIRED 2-YEAR TERM
|
VOTE FOR ....
|
( ) .......................................
|
( ) .......................................
|
( ) .......................................
|
FOR MEMBERS OF THE BOARD OF
|
EDUCATION TO SERVE A FULL 4-YEAR TERM
|
VOTE FOR ....
|
( ) .......................................
|
( ) .......................................
|
( ) .......................................
|
(FORMAT 3
|
Ballot position for incorporated and unincorporated areas |
shall be
determined by the order of petition filing or lottery |
held pursuant to
Sections 9-11.1 and 9-11.2.
|
This format is used by community unit, community |
consolidated and
combined school districts when the territory |
is less than 2 congressional
townships, or 72 square miles, but |
consists of more than one congressional
township, or 36 square |
miles, outside of the corporate limits of any city,
village or |
incorporated town within the school district. The School Code
|
requires that not more than 5 board members shall be selected |
from any
city, village or incorporated town in the school |
district. At least two
board members must reside in the |
unincorporated area of the school district.
|
Except for those community unit school districts formed |
before January 1,
1975 that elect board members at large and |
without restriction by area
of residence within the district |
under subsection (c) of Section 11A-8 (now repealed) and
except |
for combined school districts formed before July 1, 1983 and |
community
consolidated school districts that elect board |
members at large and without
restriction by area of residence |
within the district under subsection (c) of
Section 11B-7 (now |
repealed), this format applies to community unit and community |
|
consolidated
school districts formed prior to January 1, 1975 |
and combined school districts
formed prior to July 1, 1983.)
|
OFFICIAL BALLOT
|
Instructions to voter: The board of education shall be |
composed of
members from both the incorporated and the |
unincorporated area; not more
than 5 board members shall be |
selected from any city, village or incorporated
town.
|
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, NOT MORE THAN |
.... MAY BE ELECTED FROM THE INCORPORATED AREAS.
|
FOR MEMBERS OF THE BOARD OF EDUCATION
|
TO SERVE AN UNEXPIRED 2-YEAR TERM
|
THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS |
IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE |
FULL TERMS.
|
VOTE FOR A TOTAL OF ....
|
................... Area
|
( ) ...........................
|
( ) ........................... |
................... Area
|
( ) ...........................
|
( ) ........................... |
FOR MEMBERS OF THE BOARD OF EDUCATION
|
TO SERVE A FULL 4-YEAR TERM
|
VOTE FOR A TOTAL OF ....
|
................... Area
|
( ) ...........................
|
( ) ........................... |
................... Area
|
( ) ...........................
|
( ) ...........................
|
(FORMAT 4
|
Ballot position for township areas shall be determined by |
the order of
petition filing or lottery held pursuant to |
Sections 9-11.1 and 9-11.2.
|
|
Except for those community unit school districts formed |
prior to
January 1, 1975 that elect board members at large and |
without restriction by
area of residence within the district |
under subsection (c) of Section 11A-8
(now repealed) and except |
for those combined school districts formed before July 1, 1983
|
and community consolidated school districts
that elect board |
members at large and without restriction by area of residence
|
within the district under subsection (c) of Section 11B-7 (now |
repealed), this format
applies to community unit and community |
consolidated school
districts formed prior to January 1, 1975 |
and combined school districts
formed prior to July 1, 1983 when |
the territory of the school district is
greater than 2 |
congressional townships, or 72 square miles. This format
|
applies only when less than 75% of the population is in one |
congressional
township. Congressional townships of less than |
100 inhabitants shall not
be considered for the purpose of such |
mandatory board representation. In
this case, not more than 3 |
board members may be selected from any one
congressional |
township.)
|
OFFICIAL BALLOT
|
Instructions to voter: Membership on the board of education |
is restricted
to a maximum of 3 members from any congressional |
township.
|
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE |
ELECTED IN THE FOLLOWING NUMBERS FROM EACH CONGRESSIONAL |
TOWNSHIP.
|
NOT MORE THAN .... MAY BE ELECTED FROM TOWNSHIP .... RANGE |
....
|
NOT MORE THAN .... MAY BE ELECTED FROM TOWNSHIP .... RANGE |
....
|
NOT MORE THAN .... MAY BE ELECTED FROM TOWNSHIP .... RANGE |
....
|
(Include each remaining congressional township in district |
as needed)
|
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
|
AN UNEXPIRED 2-YEAR TERM
|
THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS |
IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE |
FULL TERMS.
|
VOTE FOR A TOTAL OF ....
|
Township .............. Range ................
|
( ) ............................
|
( ) ............................
|
Township .............. Range ................
|
( ) ............................
|
( ) ............................
|
FOR MEMBERS OF THE BOARD OF
|
EDUCATION TO SERVE A FULL 4-YEAR TERM
|
VOTE FOR A TOTAL OF ....
|
Township .............. Range ................
|
( ) ............................
|
( ) ............................
|
Township .............. Range ................
|
( ) ............................
|
( ) ............................
|
(FORMAT 5
|
Ballot position for township areas shall be determined by |
the order of
petition filing or lottery held pursuant to |
Sections 9-11.1 and 9-11.2.
|
Except for those community unit school districts formed |
before January 1,
1975 that elect board members at large and |
without restriction by area of
residence within the district |
under subsection (c) of Section 11A-8 (now repealed) and except
|
for those combined school districts formed before July 1, 1983
|
and community consolidated school districts
that elect board
|
members at large and without restriction by area of residence |
within the
district under subsection (c) of Section 11B-7 (now |
repealed), this format is used by
community unit and community |
consolidated school
districts formed prior to January 1, 1975, |
and
combined school districts formed prior to July 1, 1983, |
|
when the territory
of the school district is
greater than 2 |
congressional townships, or 72 square miles and when at
least |
75%, but not more than 90%, of the population resides in one
|
congressional township. In this case, 4 school board members |
shall be
selected from that one congressional township and the |
3 remaining board
members shall be selected from the rest of |
the district. If a school district
from which school board |
members are to be selected is located in a county under
|
township organization and if the surveyed boundaries of a |
congressional
township from which one or more of those school |
board members is to be
selected, as described by township |
number and range, are coterminous with the
boundaries of the |
township as identified by the township name assigned to it as
a |
political subdivision of the State, then that township may be |
referred to on
the ballot by both its township name and by |
township number and
range.)
|
OFFICIAL BALLOT
|
Instructions to voter: Membership on the board of education |
is to consist
of 4 members from the congressional township that |
has at least 75% but not
more than 90% of the population, and 3 |
board members from the remaining
congressional townships in the |
school district.
|
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE |
ELECTED IN THE FOLLOWING NUMBERS FROM EACH CONGRESSIONAL |
TOWNSHIP.
|
FOR MEMBER OF THE BOARD OF EDUCATION
|
TO SERVE AN UNEXPIRED 2-YEAR TERM
|
FROM (name)........ TOWNSHIP ..... RANGE .....
|
VOTE FOR ONE
|
( )..........................
|
( )..........................
|
FOR MEMBERS OF THE BOARD OF EDUCATION
|
TO SERVE A FULL 4-YEAR TERM
|
VOTE FOR ....
|
..... shall be elected from (name)...... Township ..... Range
|
|
......
|
(name)....... TOWNSHIP ..... RANGE .....
|
( ) ............................
|
( ) ............................
|
VOTE FOR ....
|
...... board members shall be elected from the remaining
|
congressional townships.
|
The Remaining Congressional Townships
|
( ) ............................
|
( ) ............................
|
(FORMAT 6
|
Ballot position for candidates shall be determined by the |
order of
petition filing or lottery held pursuant to Section |
9-11.1.
|
This format is used by school districts in which voters |
have approved a
referendum to elect school board members by |
school board district. The
school district is then divided into |
7 school board districts, each of
which elects one member to |
the board of education.)
|
OFFICIAL BALLOT
|
DISTRICT ....... (1 through 7)
|
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
AN UNEXPIRED 2-YEAR TERM
|
VOTE FOR ONE
|
( ) .....................................
|
( ) .....................................
|
( ) .....................................
|
(-OR-) |
OFFICIAL BALLOT
|
DISTRICT ....... (1 through 7)
|
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
A FULL 4-YEAR TERM
|
VOTE FOR ONE
|
( ) .....................................
|
( ) .....................................
|
|
( ) .....................................
|
REVERSE SIDE:
|
OFFICIAL BALLOT
|
DISTRICT ....... (1 through 7)
|
(Precinct name or number)
|
School District No. ......, ........... County, Illinois
|
Election Tuesday (insert date)
|
(facsimile signature of Election Authority)
|
(County)
|
(FORMAT 7
|
Ballot position for incorporated and unincorporated areas |
shall be
determined by the order of petition filing or lottery |
held pursuant to
Sections 9-11.1 and 9-11.2.
|
This format is used by high school districts if more than |
15% but less
than 30% of the taxable property is located in the |
unincorporated
territory of the school district. In this case, |
at least one board member
shall be a resident of the |
unincorporated territory.)
|
OFFICIAL BALLOT
|
Instructions to voter: More than 15% but less than 30% of |
the taxable
property of this high school district is located in |
the unincorporated
territory of the district, therefore, at |
least one board member shall be a
resident of the |
unincorporated areas.
|
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, AT LEAST ONE |
MEMBER SHALL BE ELECTED FROM THE UNINCORPORATED AREA.
|
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
AN UNEXPIRED 2-YEAR TERM
|
THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS |
IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE |
FULL TERMS.
|
VOTE FOR A TOTAL OF ....
|
................... Area
|
( ) ...........................
|
|
( ) ........................... |
................... Area
|
( ) ...........................
|
( ) ........................... |
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
A FULL 4-YEAR TERM
|
VOTE FOR A TOTAL OF ....
|
................... Area
|
( ) ...........................
|
( ) ........................... |
................... Area
|
( ) ...........................
|
( ) ...........................
|
(FORMAT 7a
|
Ballot position for candidates shall be
determined by the |
order of petition filing or lottery held pursuant to
Sections |
9-11.1 and 9-11.2.
|
This format is used by high school districts if more than |
15% but less
than 30% of the taxable property is located in the |
unincorporated territory
of the school district and on the |
basis of existing board membership no
board member is required |
to be elected from the unincorporated area.)
|
OFFICIAL BALLOT
|
Instruction to voter: More than 15% but less than 30% of |
the taxable
property of this high school district is located in |
the unincorporated
territory of the district, therefore, at |
least one board member shall be a
resident of the |
unincorporated areas.
|
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE |
ELECTED FROM ANY AREA OR AREAS.
|
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
AN UNEXPIRED 2-YEAR TERM
|
VOTE FOR ....
|
( ) ........................................
|
|
( ) ........................................
|
( ) ........................................
|
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
A FULL 4-YEAR TERM
|
VOTE FOR ....
|
( ) ........................................
|
( ) ........................................
|
( ) ........................................
|
(FORMAT 8
|
Ballot position for incorporated and unincorporated areas |
shall be
determined by the order of petition filing or lottery |
held pursuant to
Sections 9-11.1 and 9-11.2.
|
This format is used by high school districts if more than |
30% of the
taxable property is located in the unincorporated |
territory of the school
district. In this case, at least two |
board members shall be residents of
the unincorporated |
territory.)
|
OFFICIAL BALLOT
|
Instructions to voters: Thirty percent (30%) or more of the |
taxable
property of this high school district is located in the |
unincorporated
territory of the district, therefore, at least |
two board members shall be
residents of the unincorporated |
territory.
|
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, AT LEAST 2 |
MEMBERS SHALL BE ELECTED FROM THE UNINCORPORATED AREA.
|
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
AN UNEXPIRED 2-YEAR TERM
|
THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS |
IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE |
FULL TERMS.
|
VOTE FOR A TOTAL OF ....
|
................... Area
|
( ) ...........................
|
( ) ........................... |
|
................... Area
|
( ) ...........................
|
( ) ...........................
|
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
A FULL 4-YEAR TERM
|
VOTE FOR A TOTAL OF ....
|
................... Area
|
( ) ...........................
|
( ) ........................... |
................... Area
|
( ) ...........................
|
( ) ...........................
|
(FORMAT 8a
|
Ballot position for incorporated and unincorporated areas |
shall be
determined by the order of petition filing or lottery |
held pursuant to
Sections 9-11.1 and 9-11.2.
|
This format is used by high school districts if more than |
30% of the
taxable property is located in the unincorporated |
territory of the school
district. In this case, at least two |
board members shall be residents of
the unincorporated |
territory.)
|
OFFICIAL BALLOT
|
Instructions to voters: Thirty percent (30%) or more of the |
taxable
property of this high school district is located in the |
unincorporated
territory of the district, therefore, at least |
two board members shall be
residents of the unincorporated |
territory.
|
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, AT LEAST ONE |
MEMBER SHALL BE ELECTED FROM THE UNINCORPORATED AREA.
|
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
AN UNEXPIRED 2-YEAR TERM
|
THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS |
IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE |
FULL TERMS.
|
|
VOTE FOR A TOTAL OF ....
|
................... Area
|
( ) ...........................
|
( ) ........................... |
................... Area
|
( ) ...........................
|
( ) ...........................
|
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
A FULL 4-YEAR TERM
|
VOTE FOR A TOTAL OF ....
|
................... Area
|
( ) ...........................
|
( ) ........................... |
................... Area
|
( ) ...........................
|
( ) ...........................
|
(FORMAT 8b
|
Ballot position for incorporated and unincorporated areas |
shall be
determined by the order of petition filing or lottery |
held pursuant to
Sections 9-11.1 and 9-11.2.
|
This format is used by high school districts if more than |
30% of the
taxable property is located in the unincorporated |
territory of the school
district. In this case, at least two |
board members shall be residents of
the unincorporated |
territory.)
|
OFFICIAL BALLOT
|
Instructions to voters: Thirty percent (30%) or more of the |
taxable
property of this high school district is located in the |
unincorporated
territory of the district, therefore, at least |
two board members shall be
residents of the unincorporated |
territory.
|
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE |
ELECTED FROM ANY AREA OR AREAS.
|
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
|
AN UNEXPIRED 2-YEAR TERM
|
VOTE FOR ....
|
( ) ...........................
|
( ) ...........................
|
( ) ...........................
|
( ) ........................... |
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
|
A FULL 4-YEAR TERM
|
VOTE FOR ....
|
( ) ...........................
|
( ) ...........................
|
( ) ...........................
|
( ) ...........................
|
(Source: P.A. 93-706, eff. 7-9-04; 93-1079, eff. 1-21-05.)
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(105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
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Sec. 10-10. Board of education; Term; Vacancy. All school |
districts
having a population of not fewer than 1,000 and not |
more than 500,000
inhabitants, as ascertained by any special or |
general census, and not
governed by special Acts, shall be |
governed by a board of education
consisting of 7 members, |
serving without compensation except as herein
provided. Each |
member shall be elected for a term of 4 years except as
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otherwise provided in subsection (a-5) of Section 11B-7 for the |
initial members
of the board of education of a combined school |
district to which that
subsection applies. If 5 members are |
elected in 1983 pursuant to the extension
of terms provided by
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law for transition to the consolidated election schedule under |
the general
election law, 2 of those members shall be elected |
to serve terms of 2 years
and 3 shall be elected to serve terms |
of 4 years; their successors shall
serve for a 4 year term. |
When the voters of a district have voted to elect
members of |
the board of education for 6 year terms, as provided in Section
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9-5, the terms of office of members of the board of education |
of that
district expire when their successors assume office but |
not later than 7
days after such election. If at the regular |
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school election held in the
first odd-numbered year after the |
determination to elect members for 6 year
terms 2 members are |
elected, they shall serve for a 6 year term; and of the
members |
elected at the next regular school election 3 shall serve for a
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term of 6 years and 2 shall serve a term of 2 years. Thereafter |
members
elected in such districts shall be elected to a 6 year |
term. If at the
regular school election held in the first |
odd-numbered year after the
determination to elect members for |
6 year terms 3 members are elected, they
shall serve for a 6 |
year term; and of the members elected at the next
regular |
school election 2 shall serve for a term of 2 years and 2 shall
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serve for a term of 6 years. Thereafter members elected in such |
districts
shall be elected to a 6 year term. If at the regular |
school election held
in the first odd-numbered year after the |
determination to elect members for
6 year terms 4 members are |
elected, 3 shall serve for a term of 6 years and
one shall |
serve for a term of 2 years; and of the members elected at the
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next regular school election 2 shall serve for terms of 6 years |
and 2 shall
serve for terms of 2 years. Thereafter members |
elected in such districts
shall be elected to a 6 year term. If |
at the regular school election held
in the first odd-numbered |
year after the determination to elect members for
a 6 year term |
5 members are elected, 3 shall serve for a term of 6 years
and 2 |
shall serve for a term of 2 years; and of the members elected |
at the
next regular school election 2 shall serve for terms of |
6 years and 2 shall
serve for terms of 2 years. Thereafter |
members elected in such districts
shall be elected to a 6 year |
term. An election for board members shall not
be held in school |
districts which by consolidation, annexation or otherwise
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shall cease to exist as a school district within 6 months after |
the
election date, and the term of all board members which |
would otherwise
terminate shall be continued until such |
district shall cease to exist. Each
member, on the date of his |
or her election, shall be a
citizen of the United
States of the |
age of 18 years or over, shall be a resident of the State and
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the
territory of the district for at least one year immediately |
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preceding his or
her
election, shall be a registered voter as |
provided in the general election
law,
shall not be a school |
trustee or a school treasurer, and shall not be a child
sex |
offender as defined in Section 11-9.3 of the
Criminal Code of |
1961. When the board of
education is the successor of the |
school directors, all rights of property,
and all rights |
regarding causes of action existing or vested in such
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directors, shall vest in it as fully as they were vested in the |
school
directors. Terms of members are subject to Section 2A-54 |
of the Election Code.
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Nomination papers filed under this Section are not valid |
unless the candidate
named therein files with the secretary of |
the board of education or with
a person designated by the board |
to receive nominating petitions a receipt
from the county clerk |
showing that the candidate has filed a statement of
economic |
interests as required by the Illinois Governmental Ethics Act.
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Such receipt shall be so filed either previously during the |
calendar year
in which his nomination papers were filed or |
within the period for the filing
of nomination papers in |
accordance with the general election law.
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Whenever a vacancy occurs, the remaining members shall |
notify the
regional superintendent of that vacancy within 5 |
days after its occurrence
and shall proceed to fill the vacancy |
until the next regular school
election, at which election a |
successor shall be elected to serve the
remainder of the |
unexpired term. However, if the vacancy occurs with less
than |
868 days remaining in the term, or if the vacancy occurs
less |
than 88
days before the next regularly scheduled election for |
this office then the
person so appointed shall serve the |
remainder of the unexpired term, and no
election to fill the |
vacancy shall be held. Should they fail so to
act, within 45 |
days after the vacancy occurs, the regional superintendent
of |
schools under whose supervision and control the district is |
operating,
as defined in Section 3-14.2 of this Act, shall |
within 30 days after the
remaining members have failed to fill |
the vacancy, fill the vacancy as
provided for herein. Upon the |
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regional superintendent's failure to fill the
vacancy, the |
vacancy shall be filled at the next regularly scheduled
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election. Whether elected or appointed by the remaining members |
or regional
superintendent, the successor shall be an |
inhabitant of the particular area
from which his or her |
predecessor was elected if the residential requirements
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contained in Section 10-10.5
11A-8, 11B-7, or 12-2 of this Code
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Act apply.
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A board of education may appoint a student to the board to |
serve in an advisory capacity. The student member shall serve |
for a term as determined by the board. The board may not grant |
the student member any voting privileges, but shall consider |
the student member as an advisor. The student member may not |
participate in or attend any executive session of the board.
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(Source: P.A. 93-309, eff. 1-1-04; 94-231, eff. 7-14-05.)
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(105 ILCS 5/10-10.5 new) |
Sec. 10-10.5. Community unit school district or combined |
school district formation; school board election. |
(a) Except as otherwise provided in subsection (b) of this |
Section, for community unit school districts formed before |
January 1, 1975 and for combined school districts formed before |
July 1, 1983, the following provisions apply: |
(1) if the territory of the district is greater than 2 |
congressional townships or 72 square miles, then not more |
than 3 board members may be selected from any one |
congressional township, except that congressional |
townships of less than 100 inhabitants shall not be |
considered for the purpose of this mandatory board |
representation; |
(2) if in the community unit school district or |
combined school district at least 75% but not more than 90% |
of the population is in one congressional township, then 4 |
board members shall be selected from the congressional |
township and 3 board members shall be selected from the |
rest of the district, except that if in the community unit |
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school district or combined school district more than 90% |
of the population is in one congressional township, then |
all board members may be selected from one or more |
congressional townships; and |
(3) if the territory of any community unit school |
district or combined school district consists of not more |
than 2 congressional townships or 72 square miles, but |
consists of more than one congressional township or 36 |
square miles, outside of the corporate limits of any city, |
village, or incorporated town within the school district, |
then not more than 5 board members may be selected from any |
city, village, or incorporated town in the school district. |
(b)(1) The provisions of subsection (a) of this Section for |
mandatory board representation shall no longer apply to a |
community unit school district formed before January 1, 1975, |
to a combined school district formed before July 1, 1983, or to |
community consolidated school districts, and the members of the |
board of education shall be elected at large from within the |
school district and without restriction by area of residence |
within the district if both of the following conditions are met |
with respect to that district: |
(A) A proposition for the election of board members at |
large and without restriction by area of residence within |
the school district rather than in accordance with the |
provisions of subsection (a) of this Section for mandatory |
board representation is submitted to the school district's |
voters at a regular school election or at the general |
election as provided in this subsection (b). |
(B) A majority of those voting at the election in each |
congressional township comprising the territory of the |
school district, including any congressional township of |
less than 100 inhabitants, vote in favor of the |
proposition. |
(2) The school board may, by resolution, order |
submitted or, upon the petition of the lesser of 2,500 or |
5% of the school district's registered voters, shall order |
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submitted to the school district's voters, at a regular |
school election or at the general election, the proposition |
for the election of board members at large and without |
restriction by area of residence within the district rather |
than in accordance with the provisions of subsection (a) of |
this Section for mandatory board representation; and the |
proposition shall thereupon be certified by the board's |
secretary for submission. |
(3) If a majority of those voting at the election in |
each congressional township comprising the territory of |
the school district, including any congressional township |
of less than 100 inhabitants, vote in favor of the |
proposition: |
(A) the proposition to elect board members at large |
and without restriction by area of residence within the |
district shall be deemed to have passed, |
(B) new members of the board shall be elected at |
large and without restriction by area of residence |
within the district at the next regular school |
election, and |
(C) the terms of office of the board members |
incumbent at the time the proposition is adopted shall |
expire when the new board members that are elected at |
large and without restriction by area of residence |
within the district have organized in accordance with |
Section 10-16. |
(4) In a community unit school district, a combined |
school district, or a community consolidated school |
district that formerly elected its members under |
subsection (a) of this Section to successive terms not |
exceeding 4 years, the members elected at large and without |
restriction by area of residence within the district shall |
be elected for a term of 4 years, and in a community unit |
school district or combined school district that formerly |
elected its members under subsection (a) of this Section to |
successive terms not exceeding 6 years, the members elected |
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at large and without restriction by area of residence |
within the district shall be elected for a term of 6 years; |
provided that in each case the terms of the board members |
initially elected at large and without restriction by area |
of residence within the district as provided in this |
subsection (b) shall be staggered and determined in |
accordance with the provisions of Sections 10-10 and 10-16 |
of this Code.
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(105 ILCS 5/10-11) (from Ch. 122, par. 10-11)
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Sec. 10-11. Vacancies. Elective offices become vacant |
within the meaning of the Act, unless the
context indicates |
otherwise, on the happening of any of the following
events, |
before the expiration of the term of such office:
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1. The death of the incumbent.
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2. His or her resignation in writing filed with the |
Secretary or Clerk of
the
Board.
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3. His or her becoming a person under legal disability.
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4. His or her ceasing to be an inhabitant of the district |
for which
he or she was
elected.
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5. His or her conviction of an infamous crime, of any |
offense
involving a
violation of official oath, or of a violent |
crime against a child.
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6. His or her removal from office.
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7. The decision of a competent tribunal declaring his or |
her election void.
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8. His ceasing to be an inhabitant of a particular area |
from which he
was elected, if the residential requirements |
contained in Section 10-10.5, 11E-35
11A-8,
11B-7, or 12-2
of |
this Code
Act are violated.
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No elective office except as herein otherwise provided |
becomes vacant
until the successor of the incumbent of such |
office has been appointed or
elected, as the case may be, and |
qualified. The successor shall have the
same type of |
residential qualifications as his or her predecessor and, if |
the
residential requirements contained in Section 10-10.5, |
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11E-35,
11A-8, 11B-7, or 12-2 of this Code
Act
apply, the |
successor, whether elected or appointed by the remaining |
members or
a regional superintendent, shall be an inhabitant of |
the particular area from
which his or her predecessor was |
elected.
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(Source: P.A. 91-376, eff. 1-1-00.)
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(105 ILCS 5/10-16) (from Ch. 122, par. 10-16)
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Sec. 10-16. Organization of Board. Within 28 days after the |
consolidated
election, other than the consolidated elections |
in 1999 and 2001, the
board shall organize by electing its |
officers and fixing a time and place
for the regular meetings. |
However, when school board members are elected at
the |
consolidated elections held in April of 1999 and April of 2001, |
the board
shall organize within 7 days after the first Tuesday |
after the first Monday of
November in each such year by |
electing officers and setting the time and place
of the regular |
meetings. Upon organizing itself as provided in this paragraph,
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the board shall enter upon the discharge of its duties.
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The regional superintendent of schools having supervision |
and control, as
provided in Section 3-14.2, of a new school
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district that is governed by the School Code and formed on or |
after the
effective date of this amendatory Act of 1998 shall |
convene
the newly elected board within 7 days after the |
election of the board of
education of that district, whereupon
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the board
shall proceed to organize by electing one of their |
number as
president and
electing a secretary, who may or may |
not be a member. At such meeting the
length of term of each of |
the members shall be determined by lot so that 4
shall serve |
for 4 years, and 3 for 2 years from the commencement of their
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terms; provided, however, if such members were not elected at |
the
consolidated election in an odd-numbered year, such initial
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terms shall be
extended to the consolidated election for school |
board
members immediately
following the expiration of the |
initial 4 or 2 year terms.
The provisions of this paragraph |
that relate to the determination of terms by
lot shall not |
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apply to the initial members of the board of education of a
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combined school district who are to be elected to unstaggered |
terms as provided
in subsection (a-5) of Section 11B-7.
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The terms of the
officers of a board of education shall be |
for 2 years, except that
the
terms of the officers elected at |
the organization meeting in November, 2001
shall expire at the |
organization meeting in April, 2003; provided that the
board by |
resolution may
establish a policy for the terms of office to be |
one year, and provide for
the election of officers.
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Special meetings of the board of education may be called by |
the president
or by any 3 members of the board by giving notice |
thereof in writing, stating
the time, place and purpose of the |
meeting. Such notice may be served by
mail 48 hours before such |
meeting or by personal service 24 hours before
such meeting. |
Public notice of meetings must also be given as prescribed in
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Sections 2.02 and 2.03 of the Open Meetings Act, as now or |
hereafter amended.
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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.
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The president or district superintendent shall, at each |
regular board
meeting, report any requests made of the district |
under provisions of The
Freedom of Information Act and shall |
report the status of the district's
response.
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(Source: P.A. 93-847, eff. 7-30-04.)
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(105 ILCS 5/10-21.12) (from Ch. 122, par. 10-21.12)
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Sec. 10-21.12. Transfer of teachers. The employment of a |
teacher
transferred from one board or administrative agent to |
the control of a new
or different board or administrative agent |
shall be considered continuous
employment if such
transfer of |
employment occurred by reason of any of the following events:
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(1) a boundary change or the creation or reorganization of |
any school
district pursuant to Article 7 or 11E , 7A, 11A or |
11B; or
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(2) the deactivation or reactivation of any high school or |
elementary school pursuant to
Section 10-22.22b; or
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(3) the creation, expansion, reduction or dissolution of a |
special
education program pursuant
to Section 10-22.31, or the |
creation, expansion, reduction or dissolution of a joint
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educational program established under Section 10-22.31a; or
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(4) the creation, expansion, reduction, termination or |
dissolution of
any joint agreement program operated by a |
regional superintendent,
governing board, or other |
administrative agent or any program operated
pursuant to an |
Intergovernmental Joint Agreement. The changes made by this
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amendatory Act of 1990 are declaratory of existing law.
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(Source: P.A. 94-213, eff. 7-14-05.)
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(105 ILCS 5/11C-6) (from Ch. 122, par. 11C-6)
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Sec. 11C-6. Credited unfunded indebtedness. Each district |
from which
territory is taken shall be credited with all |
unfunded indebtedness of such
district and with the estimated |
cost of operating the schools of the district
for the balance |
of the school year if the district from which territory
is |
taken continues to administer the schools until the succeeding |
July 1
as provided in Section 11A-10.
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(Source: P.A. 83-686.)
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(105 ILCS 5/11C-9) (from Ch. 122, par. 11C-9)
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Sec. 11C-9. Accounting waived. If no stipulation is made as |
provided
in Section 11A-3 of this Act or if the stipulation is |
refused by the regional
superintendent the boards of the |
districts affected by the change in boundaries
in the creation |
of a new district may waive accounting or stipulate
as to the |
valuation of any kind or parcel of property or as to a basis |
for
apportionment other than that provided in Section 11C-7 of |
this Act by concurrent
resolution filed with the regional |
superintendent prior to or within
30 days after the election of |
the school board for the newly created district.
Such |
resolution shall be subject to the approval of the regional |
|
superintendent
and if approved, the accounting shall be |
dispensed with or modified as the
resolution may provide.
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(Source: P.A. 83-686.)
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(105 ILCS 5/Art. 11E heading new) |
ARTICLE 11E. CONVERSION AND FORMATION OF SCHOOL DISTRICTS
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(105 ILCS 5/11E-5 new) |
Sec. 11E-5. Purpose and applicability. The purpose of this |
Article is to permit greater flexibility and efficiency in the |
reorganization and formation of school districts for the |
improvement of the administration and quality of educational |
services and for the best interests of pupils. This Article |
applies only to school districts with under 500,000 |
inhabitants.
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(105 ILCS 5/11E-10 new) |
Sec. 11E-10. Definitions. In this Article: |
"Affected district" means any school district with |
territory included in a petition for reorganization under this |
Article that encompasses (i) 25% or more of the total land area |
of the district, (ii) more than 8% of the student enrollment of |
the district, or (iii) more than 8% of the equalized assessed |
valuation of the district. |
"Combined high school - unit district" means a school |
district resulting from the combination of a high school |
district and a unit district. |
"Combined school district" means any district resulting |
from the combination of 2 or more entire elementary districts, |
2 or more entire high school districts, or 2 or more entire |
unit districts. |
"Dual district" means a high school district and all of its |
feeder elementary districts collectively. |
"Elementary district" means a school district organized |
and established for purposes of providing instruction up to and |
including grade 8. "Elementary district" includes common |
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elementary school districts, consolidated elementary school |
districts, community consolidated school districts, combined |
elementary districts, and charter elementary districts. |
"Elementary purposes" means the purposes of providing |
instruction up to and including grade 8. |
"High school district" means a school district organized |
and established for purposes of providing instruction in grades |
9 through 12. "High school district" includes charter high |
school districts, township high school districts, consolidated |
high school districts, community high school districts, and |
non-high school districts. |
"High school purposes" means the purposes of providing |
instruction in grades nine through 12. |
"High school - unit conversion" means a school district |
conversion authorized under subsection (a) of Section 11E-15 of |
this Code.
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"K through 12 purposes" means the purposes of providing |
instruction up to and including grade 12.
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"Multi-unit conversion" means the formation of a combined |
high school - unit district and one or more new elementary |
districts as authorized under subsection (b) of Section 11E-30 |
of this Code.
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"Optional elementary unit district" means a unit district |
resulting from the combination of a high school district and |
the combination of any one or more elementary districts |
electing to organize as an optional elementary unit district. |
"Partial elementary unit district" means either a combined |
high school - unit district or an optional elementary unit |
district. |
"School board" means either a board of education or a board |
of school directors. |
"School district conversion" means a high school - unit |
conversion or a unit to dual conversion. |
"School needs" means the needs of the proposed school |
district and any districts in the area adjacent thereto in |
relation to, without limitation, providing a full range of high |
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quality educational and extracurricular programs, maintaining |
a full complement of professional staff to deliver optimal |
educational services, meeting the program and staff needs of |
all students, including students with disabilities and |
students in career and technical education courses, maximizing |
community involvement in school governance, operating on an |
economically efficient basis, and maintaining a sufficient |
local tax base. |
"Substantially coterminous" means that a high school |
district and one or more elementary districts share the same |
boundaries or share the same boundaries except for territory |
encompassing, for a particular district, (i) less than 25% of |
the land area of the district, (ii) less than 8% of the student |
enrollment of the district, and (iii) less than 8% of the |
equalized assessed valuation of the district. |
"Unit district" means a school district organized and |
established for purposes of providing instruction up to and |
including grade 12. "Unit district" includes charter (K through |
12) districts, community unit districts, community |
consolidated unit districts, other districts that, prior to the |
adoption of the community consolidated unit district and |
community unit district, authorizing legislation had expanded |
to provide instruction through the 12th grade (commonly |
referred to as "Old Type" unit districts), and partial |
elementary unit districts organized pursuant to the provisions |
of this Article.
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"Unit to dual conversion" means a school district |
conversion authorized under subsection (b) of Section 11E-15 of |
this Code.
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(105 ILCS 5/11E-15 new) |
Sec. 11E-15. School district conversion. |
(a)
One or more unit districts and one or more high school |
districts, all of which are contiguous, may, under the |
provisions of this Article, be converted into a dual district |
through the dissolution of the unit district or districts and |
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the high school district or districts if the following apply: |
(1) each elementary district to be created includes all |
of the territory within a unit district to be dissolved; |
and |
(2) the high school district to be created includes all |
of the territory within the unit districts and high school |
districts to be dissolved. |
(b) Two or more contiguous unit districts may, under the |
provisions of this Article, dissolve and form a single new high |
school district and new elementary districts that are based |
upon the boundaries of the dissolved unit districts.
|
(105 ILCS 5/11E-20 new) |
Sec. 11E-20. Combined school district formation. |
(a)(1) The territory of 2 or more entire contiguous |
elementary districts may be organized into a combined |
elementary district under the provisions of this Article. |
(2) Any 2 or more entire elementary districts that |
collectively are within or substantially coterminous with |
the boundaries of a high school district, regardless of |
whether the districts are compact and contiguous with each |
other, may be organized into a combined school district in |
accordance with this Article. |
(b) Any 2 or more entire contiguous high school districts |
may be organized into a combined high school district under the |
provisions of this Article. |
(c) Any 2 or more entire contiguous unit districts may be |
organized into a combined unit district under the provisions of |
this Article.
|
(105 ILCS 5/11E-25 new) |
Sec. 11E-25. Unit district formation. |
(a) Any contiguous and compact territory, no part of which |
is included within any unit district, may be organized into a |
unit district as provided in this Article. |
(b) The territory of one or more entire unit districts that |
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are contiguous to each other, plus any contiguous and compact |
territory no part of which is included within any unit |
district, and the territory of which taken as a whole is |
compact may be organized into a unit district as provided in |
this Article.
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(105 ILCS 5/11E-30 new) |
Sec. 11E-30. Partial elementary unit district formation. |
(a) One or more entire high school districts and one or |
more entire unit districts, all of which are contiguous, may be |
organized into a combined high school - unit district as |
provided in this Article. The combined high school - unit |
district shall serve all residents of the district for high |
school purposes and those residents residing in the portion of |
the territory included within the boundaries of the dissolved |
unit district or districts for elementary purposes. |
(b) One or more contiguous unit districts may, as provided |
in this Article, dissolve and form a single new combined high |
school - unit district and one or more new elementary |
districts. The boundaries of the new elementary district or |
districts shall be based upon the boundaries of the dissolved |
unit district or districts electing to join the combined high |
school - unit district only for high school purposes. Territory |
included within the boundaries of the new elementary district |
or districts shall be served by the new combined high school - |
unit district only for high school purposes. All other |
territory within the combined high school - unit district shall |
be served by the combined high school - unit district for both |
high school and elementary purposes. |
(c) A high school district and 2 or more elementary |
districts that collectively are substantially coterminous may |
seek to organize into an optional elementary unit district as |
provided in this Article, provided that territory comprising at |
least 51% of the equalized assessed valuation of the high |
school district is subject to a combined high school and |
elementary maximum annual authorized tax rate for educational |
|
purposes of 4.0% or less. The optional elementary unit district |
shall serve all residents of the district for high school |
purposes. The optional elementary unit district shall serve |
residents of only those elementary districts electing to join |
the optional elementary unit district, as determined in |
accordance with subsection (b) of Section 11E-65 of this Code, |
for elementary purposes. The corporate existence of any |
elementary district electing not to join the optional |
elementary unit district in accordance with subsection (b) of |
Section 11E-65 of this Code shall not be affected by the |
formation of an optional elementary unit district, and an |
elementary district electing not to join the optional |
elementary unit district shall continue to serve residents of |
the district for elementary purposes. |
(d)(1) For 5 years following the formation of an optional |
elementary unit district, any elementary district that elected |
not to join an optional elementary unit district for elementary |
purposes may elect to dissolve and combine with the optional |
elementary unit district by filing a petition that requests the |
submission of the proposition at a regularly scheduled election |
for the purpose of voting for or against joining the optional |
elementary unit district and that complies with the other |
provisions of this Article. |
(2) After an election in which an elementary district |
votes to join an optional elementary unit district in |
accordance with paragraph (1) of this subsection (d), but |
prior to the dissolution of the elementary district, the |
elementary district must first issue funding bonds |
pursuant to Sections 19-8 and 19-9 of this Code to |
liquidate any operational deficit or debt incurred or |
accumulated since the date of the election in which the |
proposition to form the optional elementary unit district |
passed. The elementary district shall not be required to |
comply with the backdoor referenda provisions of Section |
19-9 of this Code as a condition of issuing the funding |
bonds. If applicable, the tax levy to pay the debt service |
|
on the funding bonds shall not be included in the |
district's aggregate extension base under Section 18-210 |
of the Property Tax Code. Taxes levied to repay principal |
and interest on any long term debt incurred or accumulated |
between the date of the election in which the proposition |
to form the optional elementary unit district passed and |
the date of the elementary district's dissolution and |
joining the optional elementary unit district in |
accordance with paragraph (1) of this subsection (d) shall |
be levied and extended only against the territory of the |
elementary district as it existed prior to dissolution. |
(3) If all eligible elementary districts elect to join |
an optional elementary unit district in accordance with |
this subsection (d), the optional elementary unit district |
shall thereafter be deemed a unit district for all purposes |
of this Code.
|
(105 ILCS 5/11E-35 new) |
Sec. 11E-35. Petition filing. |
(a) A petition shall be filed with the regional |
superintendent of schools of the educational service region in |
which the territory described in the petition or that part of |
the territory with the greater percentage of equalized assessed |
valuation is situated. The petition must do the following: |
(1) be signed by at least 50 legal resident voters or |
10% of the legal resident voters, whichever is less, |
residing within each affected district; or |
(2) be approved by the school board in each affected |
district. |
(b) The petition shall contain all of the following: |
(1) A request to submit the proposition at a regular |
scheduled election for the purpose of voting: |
(A) for or against a high school - unit conversion; |
(B) for or against a unit to dual conversion; |
(C) for or against the establishment of a combined |
elementary district; |
|
(D) for or against the establishment of a combined |
high school district; |
(E) for or against the establishment of a combined |
unit district; |
(F) for or against the establishment of a unit |
district from dual district territory exclusively; |
(G) for or against the establishment of a unit |
district from both dual district and unit district |
territory; |
(H) for or against the establishment of a combined |
high school - unit district from a combination of one |
or more high school districts and one or more unit |
districts; |
(I) for or against the establishment of a combined |
high school - unit district and one or more new |
elementary districts through a multi-unit conversion;
|
(J) for or against the establishment of an optional |
elementary unit district from a combination of a |
substantially coterminous dual district; or |
(K) for or against dissolving and becoming part of |
an optional elementary unit district. |
(2) A description of the territory comprising the |
districts proposed to be dissolved and those to be created, |
which, for an entire district, may be a general reference |
to all of the territory included within that district. |
(3) A specification of the maximum tax rates for |
various purposes the proposed district or districts shall |
be authorized to levy for various purposes and, if |
applicable, the specifications related to the Property Tax |
Extension Limitation Law, in accordance with Section |
11E-80 of this Code. |
(4) A description of how supplementary State deficit |
difference payments made under subsection (c) of Section |
11E-135 of this Code will be allocated among the new |
districts proposed to be formed. |
(5) Where applicable, a division of assets and |
|
liabilities to be allocated to the proposed new or annexing |
school district or districts in the manner provided in |
Section 11E-105 of this Code. |
(6) If desired, a request that at that same election as |
the reorganization proposition a school board or boards be |
elected on a separate ballot or ballots to serve as the |
school board or boards of the proposed new district or |
districts. Any election of board members at the same |
election at which the proposition to create the district or |
districts to be served by the board or boards is submitted |
to the voters shall proceed under the supervision of the |
regional superintendent of schools as provided in Section |
11E-55 of this Code. |
(7) If desired, a request that the referendum at which |
the proposition is submitted for the purpose of voting for |
or against the establishment of a unit district (other than |
a partial elementary unit district) include as part of the |
proposition the election of board members by school board |
district rather than at large. Any petition requesting the |
election of board members by district shall divide the |
proposed school district into 7 school board districts, |
each of which must be compact and contiguous and |
substantially equal in population to each other school |
board district. Any election of board members by school |
board district shall proceed under the supervision of the |
regional superintendent of schools as provided in Section |
11E-55 of this Code. |
(8) If desired, a request that the referendum at which |
the proposition is submitted for the purpose of voting for |
or against the establishment of a unit to dual conversion |
include as part of the proposition the election of board |
members for the new high school district (i) on an at large |
basis, (ii) with board members representing each of the |
forming elementary school districts, or (iii) a |
combination of both. The format for the election of the new |
high school board must be defined in the petition. When 4 |
|
or more unit school districts and a combination of board |
members representing each of the forming elementary school |
districts are involved and at large formats are used, one |
member must be elected from each of the forming elementary |
school districts. The remaining members may be elected on |
an at large basis, provided that none of the underlying |
elementary school districts have a majority on the |
resulting high school board. When 3 unit school districts |
and a combination of board members representing each of the |
forming elementary school districts are involved and at |
large formats are used, 2 members must be elected from each |
of the forming elementary school districts. The remaining |
member must be elected at large. |
(9) If desired, a request that the referendum at which |
the proposition shall be submitted include a proposition on |
a separate ballot authorizing the issuance of bonds by the |
district or districts when organized in accordance with |
this Article. However, if the petition is submitted for the |
purpose of voting for or against the establishment of an |
optional elementary unit district, the petition may |
request only that the referendum at which the proposition |
is submitted include a proposition on a separate ballot |
authorizing the issuance of bonds for high school purposes |
(and not elementary purposes) by the district when |
organized in accordance with this Article. The principal |
amount of the bonds and the purposes of issuance, including |
a specification of elementary or high school purposes if |
the proposed issuance is to be made by a combined high |
school - unit district, shall be stated in the petition and |
in all notices and propositions submitted thereunder. |
(10) A designation of a committee of ten of the |
petitioners as attorney in fact for all petitioners, any 7 |
of whom may at any time, prior to the final decision of the |
regional superintendent of schools, amend the petition in |
all respects (except that, for a unit district formation, |
there may not be an increase or decrease of more than 25% |
|
of the territory to be included in the proposed district) |
and make binding stipulations on behalf of all petitioners |
as to any question with respect to the petition, including |
the power to stipulate to accountings or the waiver thereof |
between school districts. |
(c) The regional superintendent of schools shall not accept |
for filing under the authority of this Section any petition |
that includes any territory already included as part of the |
territory described in another pending petition filed under the |
authority of this Section. |
(d)(1) Those designated as the Committee of Ten shall serve |
in that capacity until such time as the regional superintendent |
of schools determines that, because of death, resignation, |
transfer of residency from the territory, failure to qualify, |
or any other reason, the office of a particular member of the |
Committee of Ten is vacant. Upon determination by the regional |
superintendent of schools that these vacancies exist, he or she |
shall declare the vacancies and shall notify the remaining |
members to appoint a petitioner or petitioners, as the case may |
be, to fill the vacancies in the Committee of Ten so |
designated. An appointment by the Committee of Ten to fill a |
vacancy shall be made by a simple majority vote of the |
designated remaining members. |
(2) Failure of a person designated as a member of the |
Committee of Ten to sign the petition shall not disqualify |
that person as a member of the Committee of Ten, and that |
person may sign the petition at any time prior to final |
disposition of the petition and the conclusion of the |
proceedings to form a new school district or districts, |
including all litigation pertaining to the petition or |
proceedings. |
(3) Except as stated in item (10) of subsection (b) of |
this Section, the Committee of Ten shall act by majority |
vote of the membership. |
(4) The regional superintendent of schools may accept a |
stipulation made by the Committee of Ten instead of |
|
evidence or proof of the matter stipulated or may refuse to |
accept the stipulation, provided that the regional |
superintendent sets forth the basis for the refusal. |
(5) The Committee of Ten may voluntarily dismiss its |
petition at any time before the petition is approved by |
either the regional superintendent of schools or State |
Superintendent of Education.
|
(105 ILCS 5/11E-40 new) |
Sec. 11E-40. Notice and petition amendments.
|
(a) Upon the filing of a petition with the regional |
superintendent of schools as provided in Section 11E-35 of this |
Code, the regional superintendent shall do all of the |
following: |
(1) Cause a copy of the petition to be given to each |
school board of the affected districts and the regional |
superintendent of schools of any other educational service |
region in which territory described in the petition is |
situated. |
(2) Cause a notice thereof to be published at least |
once each week for 3 successive weeks in at least one |
newspaper having general circulation within the area of all |
of the territory of the proposed district or districts. The |
expense of publishing the notice shall be borne by the |
petitioners and paid on behalf of the petitioners by the |
Committee of Ten. |
(b) The notice shall state all of the following: |
(1) When and to whom the petition was presented. |
(2) The prayer of the petition. |
(3) A description of the territory comprising the |
districts proposed to be dissolved and those to be created, |
which, for an entire district, may be a general reference |
to all of the territory included within that district. |
(4) If applicable, the proposition to elect, by |
separate ballot, school board members at the same election, |
indicating whether the board members are to be elected at |
|
large or by school board district. |
(5) If requested in the petition, the proposition to |
issue bonds, indicating the amount and purpose thereof. |
(6) The day on which the hearing on the action proposed |
in the petition shall be held. |
(c) The requirements of subsection (g) of Section 28-2 of |
the Election Code do not apply to any petition filed under this |
Article. Notwithstanding any provision to the contrary |
contained in the Election Code, the regional superintendent of |
schools shall make all determinations regarding the validity of |
the petition, including without limitation signatures on the |
petition, subject to State Superintendent and administrative |
review in accordance with Section 11E-50 of this Code. |
(d) Prior to the hearing described in Section 11E-45 of |
this Code, the regional superintendent of schools shall inform |
the Committee of Ten as to whether the petition, as amended or |
filed, is proper and in compliance with all applicable petition |
requirements set forth in the Election Code. If the regional |
superintendent determines that the petition is not in proper |
order or not in compliance with any applicable petition |
requirements set forth in the Election Code, the regional |
superintendent must identify the specific alleged defects in |
the petition and include specific recommendations to cure the |
alleged defects. The Committee of Ten may amend the petition to |
cure the alleged defects at any time prior to the receipt of |
the regional superintendent's written order made in accordance |
with subsection (a) of Section 11E-50 of this Code or may elect |
not to amend the petition, in which case the Committee of Ten |
may appeal a denial by the regional superintendent following |
the hearing in accordance with Section 11E-50 of this Code.
|
(105 ILCS 5/11E-45 new) |
Sec. 11E-45. Hearing. |
(a) No more than 15 days after the last date on which the |
required notice under Section 11E-40 of this Code is published, |
the regional superintendent of schools with whom the petition |
|
is required to be filed shall hold a hearing on the petition. |
Prior to the hearing, the Committee of Ten shall submit to the |
regional superintendent maps showing the districts involved |
and any other information deemed pertinent by the Committee of |
Ten to the proposed action. The regional superintendent of |
schools may adjourn the hearing from time to time or may |
continue the matter for want of sufficient notice or other good |
cause. |
(b) At the hearing, the regional superintendent of schools |
shall allow public testimony on the action proposed in the |
petition. The regional superintendent shall present, or |
arrange for the presentation of all of the following: |
(1) Evidence as to the school needs and conditions in |
the territory described in the petition and the area |
adjacent thereto. |
(2) Evidence with respect to the ability of the |
proposed district or districts to meet standards of |
recognition as prescribed by the State Board of Education. |
(3) A consideration of the division of funds and assets |
that will occur if the petition is approved. |
(4) A description of the maximum tax rates the proposed |
district or districts is authorized to levy for various |
purposes and, if applicable, the specifications related to |
the Property Tax Extension Limitation Law, in accordance |
with Section 11E-80 of this Code. |
(c) Any regional superintendent of schools entitled under |
the provisions of this Article to be given a copy of the |
petition and any resident or representative of a school |
district in which
any territory described in the petition is |
situated may appear in person or by an attorney at law to |
provide oral or written testimony or both in relation to the |
action proposed in the petition. |
(d) The regional superintendent of schools shall arrange |
for a written transcript of the hearing. The expense of the |
written transcript shall be borne by the petitioners and paid |
on behalf of the petitioners by the Committee of Ten.
|
|
(105 ILCS 5/11E-50 new) |
Sec. 11E-50. Approval or denial of the petition; |
administrative review. |
(a) Within 14 days after the conclusion of the hearing |
under Section 11E-45 of this Code, the regional superintendent |
of schools shall take into consideration the school needs and |
conditions of the affected districts and in the area adjacent |
thereto, the division of funds and assets that will result from |
the action described in the petition, the best interests of the |
schools of the area, and the best interests and the educational |
welfare of the pupils residing therein and, through a written |
order, either approve or deny the petition. If the regional |
superintendent fails to act upon a petition within 14 days |
after the conclusion of the hearing, the regional |
superintendent shall be deemed to have denied the petition. |
(b) Upon approving or denying the petition, the regional |
superintendent of schools shall submit the petition and all |
evidence to the State Superintendent of Education.
The State |
Superintendent shall review the petition, the record of the |
hearing, and the written order of the regional superintendent, |
if any. Within 21 days after the receipt of the regional |
superintendent's decision, the State Superintendent shall take |
into consideration the school needs and conditions of the |
affected districts and in the area adjacent thereto, the |
division of funds and assets that will result from the action |
described in the petition, the best interests of the schools of |
the area, and the best interests and the educational welfare of |
the pupils residing therein and, through a written order, |
either approve or deny the petition. If the State |
Superintendent denies the petition, the State Superintendent |
shall set forth in writing the specific basis for the denial. |
The decision of the State Superintendent shall be deemed an |
administrative decision as defined in Section 3-101 of the Code |
of Civil Procedure. The State Superintendent shall provide a |
copy of the decision by certified mail, return receipt |
|
requested, to the Committee of Ten, any person appearing in |
support or opposition of the petition at the hearing, each |
school board of a district in which territory described in the |
petition is situated, the regional superintendent with whom the |
petition was filed, and the regional superintendent of schools |
of any other educational service region in which territory |
described in the petition is situated. |
(c) Any resident of any territory described in the petition |
who appears in support of or opposition to the petition at the |
hearing or any petitioner or school board of any district in |
which territory described in the petition is situated
may, |
within 35 days after a copy of the decision sought to be |
reviewed was served by certified mail, return receipt |
requested, upon the party affected thereby or upon the attorney |
of record for the party, apply for a review of an |
administrative decision of the State Superintendent of |
Education in accordance with the Administrative Review Law and |
any rules adopted pursuant to the Administrative Review Law. |
The commencement of any action for review shall operate as a |
supersedes, and no further proceedings shall be had until final |
disposition of the review. The circuit court of the county in |
which the petition is filed with the regional superintendent of |
schools shall have sole jurisdiction to entertain a complaint |
for the review.
|
(105 ILCS 5/11E-55 new) |
Sec. 11E-55. Holding of elections. |
(a) Elections provided by this Article shall be conducted |
in accordance with the general election law. The regional |
superintendent of schools shall perform the election duties |
assigned by law to the secretary of a school board for the |
election and shall certify the officers and candidates |
therefore pursuant to the general election law. |
(b) Nomination papers filed under this Article are not |
valid unless the candidate named therein files with the |
regional superintendent of schools a receipt from the county |
|
clerk showing that the candidate has filed a statement of |
economic interests as required by the Illinois Governmental |
Ethics Act. This receipt shall be so filed either previously |
during the calendar year in which his or her nomination papers |
were filed or within the period for the filing of nomination |
papers in accordance with the general election law. |
(c)(1) If the petition requests the election of school |
board members of the school district proposed to be created at |
the same election at which the proposition to establish that |
district is to be submitted to voters or if the regional |
superintendent of schools finds it to be in the best interest |
of the districts involved to elect school board members of the |
school district proposed to be created at a consolidated |
election or general primary election, then that fact shall be |
included in the notice of referendum. |
(2) If the members of the school board of the school |
district proposed to be created are not to be elected at |
the same election at which the proposition to establish |
that district is to be submitted to the voters, then the |
regional superintendent of schools shall order an election |
to be held on the next regularly scheduled election date |
for the purpose of electing a school board for that |
district. |
(3) In either event, the school board elected for a new |
school district or districts created under this Article |
shall consist of 7 members who shall have the terms and the |
powers and duties of school boards as provided by statute. |
(d) All notices regarding propositions for reorganization |
or creation of new school districts under this Article shall be |
given in accordance with the general election law in |
substantially the following form: |
(1) Notice in high school - unit conversion or unit to |
dual conversion:
|
NOTICE OF REFERENDUM TO DISSOLVE
|
CERTAIN SCHOOL DISTRICTS AND
|
|
ESTABLISH CERTAIN NEW SCHOOL DISTRICTS
|
NOTICE is hereby given that on (insert date), a |
referendum will be held in part(s) of ....... county |
(counties) for the purpose of voting for or against the |
proposition to dissolve (here identify the school |
districts to be dissolved by name and number) and to |
establish new school districts for the following described |
territory: A new (here specify elementary, high school, or |
unit) district shall be formed from (here describe the |
territory, which, for territory currently included in an |
entire school district, may be a general reference to all |
of the territory included within that particular school |
district). (Here repeat the territory information for each |
new school district.) |
The election is called and will be held pursuant to an |
order of the Regional Superintendent dated on (insert |
date), which order states that if a majority of the voters |
in each of the affected districts voting on the proposition |
at the referendum vote in favor thereof, the tax rates for |
various purposes of the new districts shall be as follows: |
For the new (here specify elementary, high school, or unit) |
district formed from the territory of (here describe |
territory, which, for territory currently included in an |
entire school district, may be a general reference to all |
of the territory included within that particular |
district), the tax rates for various purposes shall be |
(here specify the maximum tax rates for various purposes |
the proposed school district is authorized to levy and, if |
applicable, the specifications related to the Property Tax |
Extension Limitation Law, in accordance with Section |
11E-80 of this Code). (Here repeat the tax rate information |
for each new school district.) |
Dated (insert date).
|
Regional Superintendent of Schools ..................
|
|
(2) Notice for combined school district formation:
|
NOTICE OF REFERENDUM
|
TO ESTABLISH COMBINED SCHOOL DISTRICT
|
NOTICE is hereby given that on (insert date), a |
referendum will be held in part(s) of ....... county |
(counties) for the purpose of voting for or against the |
proposition to establish a combined (here insert |
elementary, high school, or unit) school district for the |
following described territory: (here describe the |
territory, which, for territory currently included in an |
entire school district, may be a general reference to all |
of the territory included within that particular school |
district). The election is called and will be held pursuant |
to an order of the Regional Superintendent dated on (insert |
date), which order states that if a majority of the voters |
in each of the affected school districts voting on the |
proposition at the referendum vote in favor thereof, the |
tax rates for various purposes of the proposed combined |
school district shall be (here specify the maximum tax |
rates for various purposes the proposed combined school |
district is authorized to levy and, if applicable, the |
specifications related to the Property Tax Extension |
Limitation Law, in accordance with Section 11E-80 of this |
Code).
|
Dated (insert date).
|
Regional Superintendent of Schools ..................
|
(3) Notice for unit district formation (other than a |
partial elementary unit district):
|
NOTICE OF REFERENDUM TO ESTABLISH
|
A COMMUNITY UNIT DISTRICT
|
NOTICE is hereby given that on (insert date), a |
|
referendum will be held in part(s) of ....... county |
(counties) for the purpose of voting for or against the |
proposition to establish a unit district for the following |
described territory: (here describe the territory, which, |
for territory currently included in an entire school |
district, may be a general reference to all of the |
territory included within that particular school |
district). The election is called and will be held pursuant |
to an order of the Regional Superintendent dated on (insert |
date), which order states that if a majority of the voters |
in each of the affected school districts voting on the |
proposition at the referendum vote in favor thereof, the |
tax rates for various purposes for the proposed unit |
district shall be (here specify the maximum tax rates for |
various purposes the proposed unit district shall be |
authorized to levy and, if applicable, the specifications |
related to the Property Tax Extension Limitation Law, in |
accordance with Section 11E-80 of this Code).
|
Dated (insert date).
|
Regional Superintendent of Schools ..................
|
(4) Notice for combined high school - unit district |
formation:
|
NOTICE OF REFERENDUM
|
TO ESTABLISH COMBINED HIGH SCHOOL - UNIT DISTRICT
|
NOTICE is hereby given that on (insert date), a |
referendum will be held in part(s) of ....... county |
(counties) for the purpose of voting for or against the |
proposition to establish a combined high school - unit |
district for the following described territory: (here |
describe the territory, which, for territory currently |
included in an entire school district, may be a general |
reference to all of the territory included within that |
particular school district). The following described |
|
territory shall be included in the combined high school - |
unit district for high school purposes only: (here describe |
the territory that will be included only for high school |
purposes, which, for territory currently included in an |
entire school district, may be a general reference to all |
of the territory included within that particular school |
district). The election is called and will be held pursuant |
to an order of the Regional Superintendent dated on (insert |
date), which order states that if a majority of the voters |
in each of the affected school districts voting on the |
proposition at the referendum vote in favor thereof, the |
tax rates for various purposes for the proposed combined |
high school - unit district shall be (here specify the |
maximum tax rates for various purposes the proposed |
combined high school - unit district shall be authorized to |
levy and, if applicable, the specifications related to the |
Property Tax Extension Limitation Law, in accordance with |
Sections 11E-80 and 11E-90 of this Code).
|
Dated (insert date).
|
Regional Superintendent of Schools ..................
|
(5) Notice for multi-unit conversion:
|
NOTICE OF REFERENDUM TO DISSOLVE CERTAIN
|
UNIT SCHOOL DISTRICTS AND ESTABLISH CERTAIN
|
NEW SCHOOL DISTRICTS
|
NOTICE is hereby given that on (insert date), a |
referendum will be held in part(s) of ....... county |
(counties) for the purpose of voting for or against the |
proposition to dissolve (here identify the districts to be |
dissolved by name and number) and to establish new school |
districts for the following described territory: A new |
(here specify elementary or combined high school - unit) |
district shall be formed from (here describe the territory, |
which, for territory currently included in an entire school |
|
district, may be a general reference to all of the |
territory included within that particular school |
district). (Here repeat the territory information for each |
new school district.) The following described territory |
shall be included in the proposed combined high school - |
unit district only for high school purposes: (here describe |
the territory that will only be included for high school |
purposes, which, for territory currently included in an |
entire school district, may be a general reference to all |
of the territory included within that particular school |
district). |
The election is called and will be held pursuant to an |
order of the Regional Superintendent dated on (insert |
date), which order states that if a majority of the voters |
in each of the affected districts voting on the proposition |
at the referendum vote in favor thereof, the tax rates for |
various purposes of the new districts shall be as follows: |
For the new elementary district formed from the territory |
of (here identify the unit district by name and number) the |
tax rates for various purposes shall be (here specify the |
maximum tax rates for various purposes the proposed |
elementary district is authorized to levy and, if |
applicable, the specifications related to the Property Tax |
Extension Limitation Law, in accordance with Section |
11E-80 of this Code). (Here repeat the tax rate and |
Property Tax Extension Limitation Law information for each |
new elementary district.) For the new combined high school - |
unit district, the tax rates for various purposes shall |
be (here specify the maximum tax rates for various purposes |
the proposed combined high school - unit district shall be |
authorized to levy and, if applicable, the specifications |
related to the Property Tax Extension Limitation Law, in |
accordance with Sections 11E-80 and 11E-90 of this Code).
|
Dated (insert date).
|
Regional Superintendent of Schools ..................
|
|
(6) Notice for optional elementary unit district |
formation:
|
NOTICE OF REFERENDUM TO ESTABLISH
|
AN OPTIONAL ELEMENTARY UNIT DISTRICT
|
NOTICE is hereby given that on (insert date), a |
referendum will be held in part(s) of ....... county |
(counties) for the purpose of voting for or against the |
proposition to establish an optional elementary unit |
district for the following described territory: (here |
describe the elementary and high school district territory |
by name and number). If a majority of the voters in one or |
more of the affected elementary districts and in the |
affected high school district voting on the proposition at |
the referendum vote in favor thereof, all of the territory |
included within the affected high school district shall be |
included in the optional elementary unit district for high |
school purposes. However, only the territory of elementary |
districts in which a majority of the voters voting in the |
proposition at the referendum vote in favor thereof shall |
be included in the optional elementary unit district for |
elementary purposes. The election is called and will be |
held pursuant to an order of the Regional Superintendent |
dated on (insert date), which order states that if a |
majority of the voters in one or more of the affected |
elementary districts and in the affected high school |
district voting on the proposition at the referendum vote |
in favor thereof, the tax rates for various purposes for |
the proposed optional elementary unit district shall be |
(here list the maximum tax rates for various purposes the |
proposed optional elementary unit district is authorized |
to levy and, if applicable, the specifications related to |
the Property Tax Extension Limitation Law, in accordance |
with Sections 11E-80 and 11E-95 of this Code).
|
Dated (insert date).
|
|
Regional Superintendent of Schools ..................
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(7) Notice for an elementary district to opt into a |
partial elementary unit district:
|
NOTICE OF REFERENDUM TO JOIN
|
AN OPTIONAL ELEMENTARY UNIT DISTRICT
|
NOTICE is hereby given that on (insert date), a |
referendum will be held in part(s) of ....... county |
(counties) for the purpose of voting for or against the |
proposition to dissolve an elementary district and join an |
optional elementary unit district for kindergarten through |
12 grade-level purposes for all of the territory included |
within (here identify the elementary district by name and |
number). The election is called and will be held pursuant |
to an order of the Regional Superintendent dated on (insert |
date), which order states that if a majority of the voters |
in the elementary school district voting on the proposition |
at the referendum vote in favor thereof, the tax rates for |
various purposes for the optional elementary unit district |
shall be (here list the maximum tax rates for various |
purposes the optional elementary unit district is |
authorized to levy and, if applicable, the specifications |
related to the Property Tax Extension Limitation Law, in |
accordance with Sections 11E-80 and 11E-95 of this Code) |
and the elementary district, prior to dissolution, shall |
issue funding bonds pursuant to Sections 19-8 and 19-9 of |
the School Code to liquidate any operational deficit or |
debt incurred or accumulated since the date of the election |
in which the proposition to form the optional elementary |
unit district passed.
|
Dated (insert date).
|
Regional Superintendent of Schools ....................
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(105 ILCS 5/11E-60 new) |
|
Sec. 11E-60. Ballots. |
(a) Separate ballots shall be used for the election in each |
affected district. If the petition requests the submission of a |
proposition for the issuance of bonds, then that question shall |
be submitted to the voters at the referendum on a separate |
ballot. |
(b) Ballots for all reorganization propositions submitted |
under the provisions of this Article must be in substantially |
the following form: |
(1) Ballot for high school - unit conversion or unit to |
dual conversion:
|
OFFICIAL BALLOT
|
Shall (here identify the districts to be dissolved by |
name and number) be dissolved and new school districts be |
established as follows: a new (here specify elementary, |
high school, or unit) district formed from all of the |
territory included within (here identify the existing |
school district by name and number), with the authority to |
levy taxes for various purposes as follows: (here specify |
the maximum tax rates for various purposes the new school |
district is authorized to levy and, if applicable, the |
specifications related to the Property Tax Extension |
Limitation Law, in accordance with Section 11E-80 of this |
Code), each upon all of the taxable property of the school |
district at the value thereof, as equalized or assessed by |
the Department of Revenue, and a new (here repeat the |
information for each new school district)?
|
The election authority must record the votes "Yes" or |
"No".
|
(2) Ballot for combined school district formation:
|
OFFICIAL BALLOT
|
|
Shall a combined (here insert elementary, high, or |
unit) school district, with the authority to levy taxes at |
the rate of (here specify the maximum tax rates for various |
purposes the new unit district is authorized to levy and, |
if applicable, the specifications related to the Property |
Tax Extension Limitation Law, in accordance with Section |
11E-80 of this Code), each upon all of the taxable property |
of the district at the value thereof, as equalized or |
assessed by the Department of Revenue, be established?
|
The election authority must record the votes "Yes" or |
"No".
|
(3) Ballot for unit district formation (other than a |
partial elementary unit district formation):
|
OFFICIAL BALLOT
|
Shall a unit district, with the authority to levy taxes |
at the rate of (here specify the maximum tax rates for |
various purposes the new unit district is authorized to |
levy and, if applicable, the specifications related to the |
Property Tax Extension Limitation Law, in accordance with |
Section 11E-80 of this Code), each upon all of the taxable |
property of the district at the value thereof, as equalized |
or assessed by the Department of Revenue, be established?
|
The election authority must record the votes "Yes" or |
"No".
|
(4) Ballot for a combined high school - unit district |
formation:
|
OFFICIAL BALLOT
|
|
Shall a combined high school - unit district formed |
from all of the territory included within (here identify |
existing school districts by name and number), serving the |
territory included within (here identify existing school |
district by name and number) only for high school purposes, |
with the authority to levy taxes for various purposes as |
follows:(here specify the maximum tax rates for various |
purposes the new combined high school - unit district is |
authorized to levy and, if applicable, the specifications |
related to the Property Tax Extension Limitation Law, in |
accordance with Sections 11E-80 and 11E-95 of this Code), |
each upon all of the taxable property of the district at |
the value thereof, as equalized or assessed by the |
Department of Revenue, be established?
|
The election authority must record the votes "Yes" or |
"No".
|
(5) Ballot for an optional elementary unit district |
formation:
|
OFFICIAL BALLOT
|
Shall an optional elementary unit district, with the |
authority to levy taxes at the rate of (here specify the |
maximum tax rates for various purposes the new optional |
elementary unit district is authorized to levy and, if |
applicable, the specifications related to the Property Tax |
Extension Limitation Law, in accordance with Sections |
11E-80 and 11E-95 of this Code), each upon all of the |
taxable property of the district at the value thereof, as |
equalized or assessed by the Department of Revenue, be |
established?
|
The election authority must record the votes "Yes" or |
"No".
|
|
(6) Ballot for multi-unit conversion:
|
OFFICIAL BALLOT
|
Shall (here identify the districts to be dissolved by |
name and number) be dissolved and new school districts |
established as follows: a new elementary district formed |
from all of the territory included within (here identify |
the existing school district by name and number), with the |
authority to levy taxes for various purposes as follows: |
(here specify the maximum tax rates for various purposes |
the new school district is authorized to levy and, if |
applicable, the specifications related to the Property Tax |
Extension Limitation Law, in accordance with Section |
11E-80 of this Code), each upon all of the taxable property |
of the school district at the value thereof, as equalized |
or assessed by the Department of Revenue, (here repeat the |
information for each new elementary school district), and a |
new combined high school - unit district formed from all of |
the territory included within (here identify the existing |
school district by name and number), with the authority to |
levy taxes for various purposes as follows: (here specify |
the maximum tax rates for various purposes the new combined |
high school - unit district is authorized to levy and, if |
applicable, the specifications related to the Property Tax |
Extension Limitation Law, in accordance with Sections |
11E-80 and 11E-90 of this Code), each upon all of the |
taxable property of the school district at the value |
thereof, as equalized or assessed by the Department of |
Revenue?
|
The election authority must record the votes "Yes" or |
"No".
|
(7) Ballot for an elementary school district to |
|
dissolve and join an optional elementary unit district:
|
OFFICIAL BALLOT
|
Shall (here identify the elementary district by name |
and number)
be dissolved and join (here identify the |
optional elementary unit district by name and number), with |
the authority to levy taxes at the rate of (here specify |
the maximum tax rates for various purposes the optional |
elementary unit district is authorized to levy and, if |
applicable, the specifications related to the Property Tax |
Extension Limitation Law, in accordance with Sections |
11E-80 and 11E-95 of this Code), each upon all of the |
taxable property of the district at the value thereof, as |
equalized or assessed by the Department of Revenue and |
shall (here identify the elementary district by name and |
number), prior to dissolution, issue funding bonds |
pursuant to Sections 19-8 and 19-9 of the School Code to |
liquidate any operational deficit or debt incurred or |
accumulated since the date of the election in which the |
proposition to form (here identify the optional elementary |
unit district by name and number) passed?
|
The election authority must record the votes "Yes" or |
"No".
|
(105 ILCS 5/11E-65 new) |
Sec. 11E-65. Passage requirements. |
(a) Except as otherwise provided in subsections (b) and (c) |
of this Section, if a majority of the electors voting at the |
election in each affected district vote in favor of the |
proposition submitted to them, then the proposition shall be |
deemed to have passed. |
(b) In the case of an optional elementary unit district to |
be created as provided in subsection (c) of Section 11E-30 of |
this Code, if a majority of the electors voting in the high |
|
school district and a majority of the voters voting in at least |
one affected elementary district vote in favor of the |
proposition submitted to them, then the proposition shall be |
deemed to have passed and an optional elementary unit district |
shall be created for all of the territory included in the |
petition for high school purposes, and for the territory |
included in the affected elementary districts voting in favor |
of the proposition for elementary purposes. |
(c) In the case of an elementary district electing to join |
an optional elementary unit district in accordance with |
subsection (d) of Section 11E-30 of this Code, a majority of |
the electors voting in that elementary district only must vote |
in favor of the proposition at a regularly scheduled election. |
(d) (1) If a majority of the voters in at least 2 unit |
districts have voted in favor of a proposition to create a new |
unit district, but the proposition was not approved under the |
standards set forth in subsection (a) of this Section, then the |
members of the Committee of Ten shall submit an amended |
petition for consolidation to the school boards of those |
districts, as long as the territory involved is compact and |
contiguous. The petition submitted to the school boards shall |
be identical in form and substance to the petition previously |
approved by the regional superintendent of schools, with the |
sole exception that the territory comprising the proposed |
district shall be amended to include the compact and contiguous |
territory of those unit districts in which a majority of the |
voters voted in favor of the proposal. |
(2) Each school board to which the petition is |
submitted shall meet and vote to approve or not approve the |
amended petition no more than 30 days after it has been |
filed with the school board. The regional superintendent of |
schools shall make available to each school board with |
which a petition has been filed all transcripts and records |
of the previous petition hearing. The school boards shall, |
by appropriate resolution, approve or disapprove the |
amended petition. No school board may approve an amended |
|
petition unless it first finds that the territory described |
in the petition is compact and contiguous. |
(3) If a majority of the members of each school board |
to whom a petition is submitted votes in favor of the |
amended petition, then the approved petition shall be |
transmitted by the secretary of each school board to the |
State Superintendent of Education, who shall, within 30 |
days after receipt, approve or deny the amended petition |
based on the criteria stated in subsection (b) of Section |
11E-50 of this Code. If approved by the State |
Superintendent of Education, the petition shall be placed |
on the ballot at the next regularly scheduled election.
|
(105 ILCS 5/11E-70 new) |
Sec. 11E-70. Effective date of change. |
(a) If a petition is filed under the authority of this |
Article, the change is granted and approved at election, and no |
appeal is taken, the change shall become effective after the |
time for appeal has run for the purpose of all elections; |
however, the change shall not affect the administration of the |
schools until July 1 following the date that the school board |
election is held for the new district or districts and the |
school boards of the districts as they existed prior to the |
change shall exercise the same power and authority over the |
territory until that date. |
(b) If any school district is dissolved in accordance with |
this Article, upon the close of the then current school year, |
the terms of office of the school board of the dissolved |
district shall terminate. |
(c) New districts shall be permitted to organize and elect |
officers within the time prescribed by the general election |
law. Additionally, between the date of the organization and the |
election of officers and the date on which the new district |
takes effect for all purposes, the new district shall also be |
permitted, with the stipulation of the districts from which the |
new district is formed and the approval of the regional |
|
superintendent of schools, to take all action necessary or |
appropriate to do the following: |
(1) Establish the tax levy for the new district, in |
lieu of the levies by the districts from which the new |
district is formed, within the time generally provided by |
law and in accordance with this Article. The funds produced |
by the levy shall be transferred to the new district as |
generally provided by law at such time as they are received |
by the county collector. |
(2) Enter into agreements with depositories and direct |
the deposit and investment of any funds received from the |
county collector or any other source, all as generally |
provided by law. |
(3) Conduct a search for the superintendent of the new |
district and enter into a contract with the person selected |
to serve as the superintendent of the new district in |
accordance with the provisions of this Code generally |
applicable to the employment of a superintendent. |
(4) Conduct a search for other administrators and staff |
of the new district and enter into a contract with these |
persons in accordance with the provisions of this Code |
generally applicable to the employment of administrators |
and other staff.
|
(5) Engage the services of accountants, architects, |
attorneys, and other consultants, including but not |
limited to consultants to assist in the search for the |
superintendent. |
(6) Plan for the transition from the administration of |
the schools by the districts from which the new district is |
formed. |
(7) Bargain collectively, pursuant to the Illinois |
Educational Labor Relations Act, with the certified |
exclusive bargaining representative or certified exclusive |
bargaining representatives of the new district's |
employees. |
(8) Expend the funds received from the levy and any |
|
funds received from the districts from which the new |
district is formed to meet payroll and other essential |
operating expenses or otherwise in the exercise of the |
foregoing powers
until the new district takes effect for |
all purposes. |
(9) Issue bonds authorized in the proposition to form |
the new district or bonds pursuant to and in accordance |
with all of the requirements of Section 17-2.11 of this |
Code, levy taxes upon all of the taxable property within |
the new district to pay the principal of and interest on |
those bonds as provided by statute, expend the proceeds of |
the bonds and enter into any necessary contracts for the |
work financed therewith as authorized by statute, and avail |
itself of the provisions of other applicable law, including |
the Omnibus Bond Acts, in connection with the issuance of |
those bonds. |
(d) After the granting of a petition has become final and |
approved at election, the date when the change becomes |
effective for purposes of administration and attendance may be |
accelerated or postponed by stipulation of the school board of |
each district affected and approval by the regional |
superintendent of schools with which the original petition is |
required to be filed.
|
(105 ILCS 5/11E-75 new) |
Sec. 11E-75. Map showing change. Within 30 days after a new |
school district has been created or the boundaries of an |
existing district have been changed under the provisions of |
this Article, the regional superintendent of schools of any |
county involved shall make and file with the county clerk of |
his or her county a map of any districts changed by the action, |
whereupon the county clerk or county clerks, as the case may |
be, shall extend taxes against the territory in accordance |
therewith.
|
(105 ILCS 5/11E-80 new) |
|
Sec. 11E-80. Specification of taxing purposes and rates.
|
Whenever taxing purposes and rates are required to be specified |
or described under this Article for petition, hearing, notice, |
or ballot requirements, the purposes and rates shall be |
specified or described in accordance with this Section and, |
where applicable, shall also include a specification of the |
aggregate extension base and debt service extension base in |
accordance with the Property Tax Extension Limitation Law. |
(1) For the formation of a district not subject to the |
Property Tax Extension Limitation Law, other than a partial |
elementary unit district, all of the following must be |
done: |
(A) List the maximum rate at which the district |
will be authorized to levy a tax for educational |
purposes, operations and maintenance purposes, and |
pupil transportation purposes (such as .....% for |
educational purposes, .....% for operations and |
maintenance purposes, and .....% for pupil |
transportation purposes), subject to the rate |
limitations specified in Sections 17-2 and 17-3 of this |
Code. |
(B) If it is desired to secure authority to levy |
other taxes above the statutory permissive rate, then |
list the maximum rate at which the district will be |
authorized to levy a tax for each such purpose (such as |
.....% for special educational purposes, .....% for |
leasing educational facilities or computer technology |
purposes, .....% for capital improvement purposes, and |
.....% for fire prevention and safety purposes), |
subject to all applicable statutory rate limitations. |
(2) For the formation of a district that is subject to |
the Property Tax Extension Limitation Law, other than a |
partial elementary unit district, all of the following must |
be done: |
(A) List the purpose for each and every tax that |
the new district will be authorized to levy (such as |
|
educational purposes and operations and maintenance |
purposes). |
(B) For each tax purpose listed, specify the |
maximum rate at which the district will be authorized |
to levy each tax (such as .....% for educational |
purposes and .....% for operations and maintenance |
purposes), subject to all applicable statutory rate |
limitations. |
(C) Specify the aggregate extension base the |
district will seek to establish in conformity with the |
provisions of Section 18-210 of the Property Tax Code. |
Notwithstanding any provision to the contrary |
contained in the Property Tax Extension Limitation |
Law, no notice and referendum requirements other than |
those set forth in this Article shall be required to |
establish an aggregate extension base for a new |
district formed in accordance with this Article. |
(D) If desired, specify the debt service extension |
base the district will seek to establish in accordance |
with Section 18-212 of the Property Tax Code. |
Notwithstanding any provision to the contrary |
contained in the Property Tax Extension Limitation |
Law, no notice and referendum requirements other than |
those set forth in this Article shall be required to |
establish a debt service extension base for a new |
district formed in accordance with this Article. |
(3) For the formation of a partial elementary unit |
district not subject to the Property Tax Extension |
Limitation Law, the purposes and tax rate information |
required by subsection (b) of Section 11E-90 or subsection |
(b) of Section 11E-95 of this Code, as applicable, must be |
specified. |
(4) For the formation of a partial elementary unit |
district that is subject to the Property Tax Extension |
Limitation Law, all of the following must be done: |
(A) List the purpose for each and every tax that |
|
the new district will be authorized to levy, including |
an indication of whether the tax is for grade K through |
8 or grade 9 through 12 purposes, to the extent |
required by Section 11E-90 or 11E-95 of this Code. |
(B) For each tax purpose listed, list the maximum |
rate at which the district will be authorized to levy |
each tax, subject to the rate limitations specified in |
subsection (b) of Section 11E-90 or subsection (b) of |
Section 11E-95 of this Code, as applicable, and |
elsewhere in statute. |
(C) Specify the aggregate extension base the |
district will seek to establish in conformity with the |
provisions of Section 18-210 of the Property Tax Code. |
Notwithstanding any provision to the contrary |
contained in the Property Tax Extension Limitation |
Law, no notice and referendum requirements other than |
those set forth in this Article shall be required to |
establish an aggregate extension base for a new |
district formed in accordance with this Article. |
(D) If desired, specify the debt service extension |
base the district will seek to establish in accordance |
with Section 18-212 of the Property Tax Code. |
Notwithstanding any provision to the contrary |
contained in the Property Tax Extension Limitation |
Law, no notice and referendum requirements other than |
those set forth in this Article shall be required to |
establish a debt service extension base for a new |
district formed in accordance with this Article.
|
(105 ILCS 5/11E-85 new) |
Sec. 11E-85. Tax levy and borrowing authority, bonds, and |
working cash funds; districts other than partial elementary |
unit districts. The school board of any district involved in a |
school district conversion or the school board of any new |
district created under the provisions of this Article other |
than a partial elementary unit district may do any of the |
|
following: |
(1) Levy for the purposes and at not exceeding the |
rates specified in the petition with respect to each |
district, which rates thereafter may be increased or |
decreased in accordance with Sections 17-2 through 17-7 of |
this Code, and further levy taxes for other purposes as |
generally permitted by law. |
(2) Borrow money and issue bonds as authorized in |
Articles 10 and 19 of this Code and as otherwise permitted |
by law. |
(3) Establish, maintain, or re-create a working cash |
fund as authorized by Article 20 of this Code.
|
(105 ILCS 5/11E-90 new) |
Sec. 11E-90. Classification of property, taxes, bonds, and |
funds for combined high school - unit districts. |
(a) All real property included within the boundaries of a |
combined high school - unit district created in accordance with |
this Article shall be classified into either a high school only |
classification or elementary and high school classification as |
follows: |
(1) Real property included within the high school only |
classification shall include all of the real property |
included within both the boundaries of the combined high |
school - unit district and the boundaries of a separate |
school district organized and established for purposes of |
providing instruction up to and including grade 8. |
(2) Real property included within the elementary and |
high school classification shall include all of the real |
property of the combined high school - unit district not |
included in the high school only classification. |
(b) The petition to establish a combined high school - unit |
district shall set forth the maximum annual authorized tax |
rates for the proposed district as follows: |
(1) The petition to establish a combined high school - |
unit district must include a maximum annual authorized tax |
|
rate for both grade K through 8 educational purposes and |
grade 9 through 12 educational purposes. The rate for grade |
K through 8 educational purposes shall not exceed 3.5%. The |
rate for grade 9 through 12 educational purposes shall not |
exceed 3.5%. The combined rate for both grade K through 8 |
and grade 9 through 12 educational purposes shall not |
exceed 4.0%. |
(2) The petition to establish a combined high school - |
unit district must include a maximum annual authorized tax |
rate for both grade K through 8 operations and maintenance |
purposes and grade 9 through 12 operations and maintenance |
purposes. The rate for grade K through 8 operations and |
maintenance purposes shall not exceed 0.55%. The rate for |
grade 9 through 12 operations and maintenance purposes |
shall not exceed 0.55%. The combined rate for both grade K |
through 8 and grade 9 through 12 operations and maintenance |
purposes shall not exceed 0.75%. |
(3) The petition to establish a combined high school - |
unit district must include a maximum annual authorized tax |
rate for both grade K through 8 special education purposes |
and grade 9 through 12 special education purposes. The rate |
for grade K through 8 special education purposes shall not |
exceed 0.40%. The rate for grade 9 through 12 special |
education purposes shall not exceed 0.40%. |
(4) The petition to establish a combined high school - |
unit district must include a maximum annual authorized tax |
rate for transportation purposes. |
(5) If it is desired to secure authority to levy other |
taxes above the permissive rate applicable to unit |
districts as specified elsewhere in statute, the petition |
must include the maximum annual authorized tax rate at |
which the district will be authorized to levy a tax for |
each such purpose, not to exceed the maximum rate |
applicable to unit districts as specified elsewhere in |
statute. |
(c) The school board of any new combined high school - unit |
|
district created under the provisions of this Article may levy |
a tax annually upon all of the taxable property of the district |
at the value as equalized or assessed by the Department of |
Revenue, as follows: |
(1) For all real property within the district, rates |
not to exceed the maximum annual authorized grade 9 through |
12 educational purposes rate established in accordance |
with subdivision (1) of subsection (b) of this Section, the |
maximum annual authorized grade 9 through 12 operation and |
maintenance purposes rate established in accordance with |
subdivision (2) of subsection (b) of this Section, the |
maximum annual authorized grade 9 through 12 special |
education purposes rate established in accordance with |
subdivision (3) of subsection (b) of this Section, the |
maximum annual authorized transportation purposes rate |
established in accordance with subdivision (4) of |
subsection (b) of this Section, and for all other purposes, |
the statutory permissive rate for unit districts or the |
maximum annual authorized rate for that purpose |
established in accordance with subdivision (5) of |
subsection (b) of this Section. |
(2) For all real property in the district included |
within the elementary and high school classification, in |
addition to the rates authorized by subdivision (1) of this |
subsection (c), rates not to exceed the maximum annual |
authorized grade K through 8 educational purposes rate |
established in accordance with subdivision (1) of |
subsection (b) of this Section, the maximum annual |
authorized grade K through 8 operation and maintenance |
purposes rate established in accordance with subdivision |
(2) of subsection (b) of this Section, and the maximum |
annual authorized grade K through 8 special education |
purposes rate established in accordance with subdivision |
(3) of subsection (b) of this Section. |
(d) The school board may, subsequent to the formation of |
the district and in accordance with Sections 17-2 through 17-7 |
|
of this Code, seek to increase the maximum annual authorized |
tax rates for any statutorily authorized purpose up to the |
maximum rate set forth in subsection (b) of this Section or |
otherwise applicable to unit districts as specified elsewhere |
in statute, whichever is less, subject to the following |
approval requirements: |
(1) The school board may increase the following rates |
only after submitting a proper resolution to the voters of |
the district at any regular scheduled election and |
obtaining approval by both a majority of voters living in |
the portion of the territory included within the high |
school only classification voting on the proposition and a |
majority of voters living in the portion of the territory |
included within the elementary and high school |
classification voting on the proposition: |
(A) The maximum annual authorized grade 9 through |
12 educational purposes rate established in accordance |
with subdivision (1) of subsection (b) of this Section, |
as may be increased thereafter in accordance with this |
subsection (d). |
(B) The maximum annual authorized grade 9 through |
12 operation and maintenance purposes rate established |
in accordance with subdivision (2) of subsection (b) of |
this Section, as may be increased thereafter in |
accordance with this subsection (d). |
(C) The maximum annual authorized grade 9 through |
12 special education purposes rate established in |
accordance with subdivision (3) of subsection (b) of |
this Section, as may be increased thereafter in |
accordance with this Section. |
(D) The maximum annual authorized transportation |
purposes rate established in accordance with |
subdivision (4) of subsection (b) of this Section, as |
may be increased thereafter in accordance with this |
subsection (d). |
(E) For all other statutorily authorized purposes, |
|
any rate exceeding the statutory permissive rate for |
unit districts established in accordance with |
subdivision (5) of subsection (b) of this Section, as |
may be increased thereafter in accordance with this |
Section. |
(2) The school board may increase the following rates |
only after submitting a proper resolution to the voters of |
the district living in the portion of the territory |
included within the elementary and high school |
classification at any regular scheduled election and |
obtaining approval by a majority of voters living in the |
portion of the territory included within the elementary and |
high school classification voting on the proposition: |
(A) The maximum annual authorized grade K through 8 |
educational purposes rate established in accordance |
with subdivision (1) of subsection (b) of this Section, |
as may be increased thereafter in accordance with this |
subsection (d). |
(B) The maximum annual authorized grade K through 8 |
operation and maintenance purposes rate established in |
accordance with subdivision (2) of subsection (b) of |
this Section, as may be increased thereafter in |
accordance with this subsection (d). |
(C) The maximum annual authorized grade K through 8 |
special education purposes rate established in |
accordance with subdivision (3) of subsection (b) of |
this Section, as may be increased thereafter in |
accordance with this Section. |
(e) The school board may, after submitting a proper |
resolution to the voters of the district at any regular |
scheduled election, seek to do either of the following: |
(1) Increase or decrease the maximum authorized annual |
tax rate for grade K through 8 educational purposes with an |
equal corresponding increase or decrease of the maximum |
authorized annual tax rate for grade 9 through 12 |
educational purposes, such that there is no change in the |
|
total combined maximum authorized annual tax rate for both |
purposes. |
(2) Increase or decrease the maximum authorized annual |
tax rate for grade K through 8 operations and maintenance |
purposes with an equal corresponding increase or decrease |
of the maximum authorized annual tax rate for grade 9 |
through 12 operations and maintenance purposes, such that |
there is no change in the total combined maximum authorized |
annual tax rate for both purposes. |
Any modification to maximum authorized annual tax rates |
pursuant to this subsection (e) must be approved by both a |
majority of voters living in the portion of the territory |
included within the high school only classification voting on |
the proposition and a majority of voters living in the portion |
of the territory included within the elementary and high school |
classification voting on the proposition. No maximum tax rate |
secured hereunder may exceed the maximum tax rate for a |
particular purpose specified elsewhere in statute. |
(f) The school board may seek to do either of the |
following: |
(1) Increase the maximum authorized annual tax rate for |
either grade K through 8 educational purposes or grade K |
through 8 operations and maintenance purposes with an equal |
corresponding decrease being effected to the maximum |
authorized tax rate for the other fund. |
(2) Increase the maximum authorized annual tax rate for |
either grade 9 through 12 educational purposes or grade 9 |
through 12 operations and maintenance purposes with an |
equal corresponding decrease being effected to the maximum |
authorized tax rate for the other fund. |
A proper resolution to increase and concurrently decrease |
the maximum authorized annual tax rates for grade K through 8 |
purposes in accordance with this subsection (f) shall be |
submitted to the voters of the district residing in the |
elementary and high school classification at any regular |
scheduled election and must be approved by a majority of voters |
|
living in the portion of the territory included within the |
elementary and high school classification voting on the |
proposition. A proper resolution to increase and concurrently |
decrease the maximum authorized annual tax rates for grade 9 |
through 12 purposes in accordance with this subsection (f) |
shall be submitted to all of the voters of the district at any |
regular scheduled election and must be approved by a majority |
of voters voting on the proposition. No maximum tax rate |
secured hereunder may exceed the maximum tax rate for a |
particular purpose specified elsewhere in statute. The terms |
and provisions of this subsection (f) shall apply instead of |
the terms and provisions of Section 17-6.1 of this Code to any |
concurrent equal increase and decrease in the maximum |
authorized rates for educational and operations and |
maintenance purposes by a combined high school - unit district. |
(g) The school board may borrow money and issue bonds for |
elementary or high school purposes (but not K through 12 |
purposes) as authorized by Articles 10 and 19 and Section |
17-2.11 of this Code and as otherwise permitted by law. All |
notices, resolutions, and ballots related to borrowing money |
and issuing bonds in accordance with this subsection (g) shall |
indicate whether the proposed action is for elementary or high |
school purposes. Taxes to pay the principal of, interest on, |
and premium, if any, on bonds issued for high school purposes |
shall be extended against the entire district, and taxes to pay |
the principal of, interest on, and premium, if any, on bonds |
issued for elementary purposes shall be extended only against |
property within the elementary and high school classification. |
The proposition to issue bonds for high school purposes must be |
submitted to and approved by a majority of voters of the |
district voting on the proposition. The proposition to issue |
bonds for elementary purposes must only be submitted to and |
approved by a majority of voters living in the portion of the |
territory proposed to be included or included within the |
elementary and high school classification voting on the |
proposition. Notwithstanding the terms and provisions of |
|
Section 19-4 of this Code, the board of a combined high school - |
unit district may not seek to designate any bonds issued for |
high school purposes as bonds issued for elementary purposes or |
designate any bonds issued for elementary purposes as bonds |
issued for high school purposes. Any petition filed in |
accordance with Section 19-9 of this Code requesting that the |
proposition to issue bonds for the payment of orders or claims |
for elementary purposes be submitted to the voters must be |
signed by 10% or more of the registered voters of the |
elementary and high school classification. If required |
pursuant to Section 19-9 of this Code, the proposition to issue |
bonds for the payment of orders or claims for elementary |
purposes must only be submitted to and approved by a majority |
of voters living in the portion of the territory included |
within the elementary and high school classification voting on |
the proposition. Taxes to pay the principal of, interest on, |
and premium, if any, on any refunding bonds issued in |
accordance with Article 19 of this Code to refund bonds, |
coupons, or other evidences of indebtedness for bonds issued by |
the combined high school - unit district for high school |
purposes or issued by a district that dissolved to form the |
combined high school - unit district shall be extended against |
the entire district. Taxes to pay the principal of, interest |
on, and premium, if any, on any refunding bonds issued in |
accordance with Article 19 of this Code to refund bonds, |
coupons, or other evidences of indebtedness for bonds issued by |
the combined high school - unit district for elementary |
purposes shall only be extended against the property within the |
elementary and high school classification. |
(h) The school board may establish, maintain, or re-create |
a working cash fund for elementary or high school purposes (but |
not K through 12 purposes) as authorized by Article 20 of this |
Code. All notices, resolutions, and ballots related to the |
establishment of a working cash fund shall indicate whether the |
working cash fund shall be for elementary or high school |
purposes. For purposes of Section 20-2 of this Code, taxes to |
|
pay the principal of, interest on, and premium, if any, on |
bonds issued to create a working cash fund for high school |
purposes shall be extended against the entire district, and |
taxes to pay the principal of, interest on, and premium, if |
any, on bonds issued to create a working cash fund for |
elementary purposes shall be extended only against property |
within the elementary and high school classification. Any |
petition filed in accordance with Section 20-7 of this Code |
requesting that the proposition to issue bonds to establish a |
working cash fund for elementary purposes be submitted to the |
voters must be signed by 10% or more of the registered voters |
of the elementary and high school classification. If required |
pursuant to Section 20-7 of this Code, the proposition to issue |
bonds for a working cash fund for elementary purposes must only |
be submitted to and approved by a majority of voters living in |
the portion of the territory included within the elementary and |
high school classification voting on the proposition. Upon the |
abolishment of the working cash fund for elementary purposes in |
accordance with Section 20-8 of this Code, the balance shall be |
transferred to the fund established for the receipt of proceeds |
from levies specified for grade K through 8 educational |
purposes. Upon the abolishment of the working cash fund for |
high school purposes in accordance with Section 20-8 of this |
Code, the balance shall be transferred to the fund established |
for the receipt of proceeds from levies specified for grade 9 |
through 12 educational purposes. |
(i) The school board shall establish separate funds for the |
receipt of tax proceeds from levies specified for grade K |
through 8 purposes and grade 9 through 12 purposes in |
accordance with subdivisions (1) through (3) of subsection (b) |
of this Section and the receipt of tax and other proceeds from |
bond issuances for grade K through 8 purposes and grade 9 |
through 12 purposes in accordance with subsection (g) of this |
Section. Proceeds received from any levy or bond issuance |
specified for grade K through 8 purposes shall not be used to |
pay for any staff, equipment, materials, facilities, |
|
buildings, land, or services solely related to instruction in |
grades 9 through 12. Proceeds received from any levy or bond |
issuance specified for grade 9 through 12 purposes shall not be |
used to pay for any staff, equipment, materials, facilities, |
buildings, land, or services solely related to instruction in |
grades K through 8. Expenses related to staff, equipment, |
materials, facilities, buildings, land, or services related to |
instruction in both grades K through 8 and grades 9 through 12 |
may be paid from proceeds received from a levy or bond issuance |
specified for either grade K through 8 purposes or grade 9 |
through 12 purposes. |
(j) The school board of a combined high school - unit |
district may abate or abolish any fund in accordance with this |
Code, provided that no funds may be transferred from an abated |
or abolished fund specified for grade K through 8 purposes to a |
fund specified for grade 9 through 12 purposes, and no funds |
may be transferred from an abated or abolished fund specified |
for grade 9 through 12 purposes to a fund specified for grade K |
through 8 purposes. |
(k) To the extent the specific requirements for borrowing |
money, levying taxes, issuing bonds, establishing, |
maintaining, or re-creating a working cash fund, and |
transferring funds by a combined high school - unit district |
set forth in this Section conflicts with any general |
requirements for school districts set forth in Article 10, 17, |
19, or 20 of this Code, the requirements set forth in this |
Section shall control over any such general requirements.
|
(105 ILCS 5/11E-95 new) |
Sec. 11E-95. Classification of property, taxes, bonds, and |
funds for optional elementary unit districts. |
(a) All real property included within the boundaries of an |
optional elementary unit district created in accordance with |
this Article shall be classified into either a high school only |
classification or an elementary and high school classification |
as follows: |
|
(1) Real property included within the high school only |
classification shall include all of the real property |
included within both the boundaries of the optional |
elementary unit district and the boundaries of a separate |
school district organized and established for purposes of |
providing instruction up to and including grade 8 that did |
not elect to join the optional elementary unit district in |
accordance with this Article. |
(2) Real property included within the elementary and |
high school classification shall include all real property |
of the optional elementary unit district not included in |
the high school only classification.
|
(b) The petition to establish an optional elementary unit |
district shall set forth the maximum annual authorized tax |
rates for the proposed district as follows:
|
(1) The petition must specify a maximum annual |
authorized tax rate for both grade K through 8 educational |
purposes and grade 9 through 12 educational purposes. The |
rate for grade K through 8 educational purposes shall not |
exceed 3.5%. The rate for grade 9 through 12 educational |
purposes shall not exceed 3.5%. The combined rate for both |
grade K through 8 and grade 9 through 12 educational |
purposes shall not exceed 4.0%. |
(2) The petition must specify a maximum annual |
authorized tax rate for both grade K through 8 operations |
and maintenance purposes and grade 9 through 12 operations |
and maintenance purposes. The rate for grade K through 8 |
operations and maintenance purposes shall not exceed |
0.55%. The rate for grade 9 through 12 operations and |
maintenance purposes shall not exceed 0.55%. The combined |
rate for both grade K through 8 and grade 9 through 12 |
operations and maintenance purposes shall not exceed |
0.75%. |
(3) The petition must specify a maximum annual |
authorized tax rate for both grade K through 8 special |
education purposes and grade 9 through 12 special education |
|
purposes. The rate for grade K through 8 special education |
purposes shall not exceed 0.40%. The rate for grade 9 |
through 12 special education purposes shall not exceed |
0.40%. |
(4) The petition must specify a maximum annual |
authorized tax rate for transportation purposes. |
(5) If it is desired to secure authority to levy other |
taxes above the permissive rate applicable to unit |
districts as specified elsewhere in statute, the petition |
must specify the maximum annual authorized tax rate at |
which the district will be authorized to levy a tax for |
each such purpose, not to exceed the maximum annual |
authorized tax rate applicable to unit districts as |
specified elsewhere in statute. |
(6) The aggregate of all rates specified in accordance |
with this subsection (b) shall not exceed the highest dual |
district rate, excluding rates for bond and interest |
levies, applicable to any territory within the high school |
district included in the petition in the year immediately |
preceding the creation of the new district.
|
(c) The school board of any new optional elementary unit |
district created under the provisions of this Article may levy |
a tax annually upon all of the taxable property of the district |
at the value as equalized or assessed by the Department of |
Revenue as follows:
|
(1) For all real property within the district, rates |
not to exceed the maximum annual authorized grade 9 through |
12 educational purposes rate established in accordance |
with subdivision (1) of subsection (b) of this Section, the |
maximum annual authorized grade 9 through 12 operation and |
maintenance purposes rate established in accordance with |
subdivision (2) of subsection (b) of this Section, the |
maximum annual authorized grade 9 through 12 special |
education purposes rate established in accordance with |
subdivision (3) of subsection (b) of this Section, the |
maximum annual authorized transportation purposes rate |
|
established in accordance with subdivision (4) of |
subsection (b) of this Section, and, for all other |
purposes, the statutory permissive rate for unit districts |
or the maximum annual authorized rate for that purpose |
established in accordance with subdivision (5) of |
subsection (b) of this Section. |
(2) For all real property in the district included |
within the elementary and high school classification, in |
addition to the rates authorized by subdivision (1) of this |
subsection (c), rates not to exceed the maximum annual |
authorized grade K through 8 educational purposes rate |
established in accordance with subdivision (1) of |
subsection (b) of this Section, the maximum annual |
authorized grade K through 8 operation and maintenance |
purposes rate established in accordance with subdivision |
(2) of subsection (b) of this Section, and the maximum |
annual authorized grade K through 8 special education |
purposes rate established in accordance with subdivision |
(3) of subsection (b) of this Section. |
(d) The school board may, subsequent to the formation of |
the district and in accordance with Sections 17-2 through 17-7 |
of this Code, seek to increase the maximum annual authorized |
tax rates for any statutorily authorized purpose up to the |
maximum rate set forth in subsection (b) of this Section or |
otherwise applicable to unit school districts as specified |
elsewhere in statute, whichever is less, subject to the |
following approval requirements: |
(1) The school board may increase the following rates |
only after submitting a proper resolution to the voters of |
the district at any regular scheduled election and |
obtaining approval by both a majority of voters living in |
the portion of the territory included within the high |
school only classification voting on the proposition and a |
majority of voters living in the portion of the territory |
included within the elementary and high school |
classification voting on the proposition: |
|
(A) The maximum annual authorized grade 9 through |
12 educational purposes rate established in accordance |
with subdivision (1) of subsection (b) of this Section, |
as may be increased thereafter in accordance with this |
subsection (d). |
(B) The maximum annual authorized grade 9 through |
12 operation and maintenance purposes rate established |
in accordance with subdivision (2) of subsection (b) of |
this Section, as may be increased thereafter in |
accordance with this subsection (d). |
(C) The maximum annual authorized grade 9 through |
12 special education purposes rate established in |
accordance with subdivision (3) of subsection (b) of |
this Section, as may be increased thereafter in |
accordance with this subsection (d). |
(D) The maximum annual authorized transportation |
purposes rate established in accordance with |
subdivision (4) of subsection (b) of this Section, as |
may be increased thereafter in accordance with this |
subsection (d). |
(E) For all other statutorily authorized purposes, |
any rate exceeding the statutory permissive rate for |
unit districts established in accordance with |
subdivision (5) of subsection (b) of this Section, as |
may be increased thereafter in accordance with this |
subsection (d).
|
(2) The school board may increase the following rates |
only after submitting a proper resolution to the voters of |
the district living in the portion of the territory |
included within the elementary and high school |
classification at any regular scheduled election and |
obtaining approval by a majority of voters living in the |
portion of the territory included within the elementary and |
high school classification voting on the proposition: |
(A) The maximum annual authorized grade K through 8 |
educational purposes rate established in accordance |
|
with subdivision (1) of subsection (b) of this Section, |
as may be increased thereafter in accordance with this |
subsection (d). |
(B) The maximum annual authorized grade K through 8 |
operation and maintenance purposes rate established in |
accordance with subdivision (2) of subsection (b) of |
this Section, as may be increased thereafter in |
accordance with this subsection (d). |
(C) The maximum annual authorized grade K through 8 |
special education purposes rate established in |
accordance with subdivision (3) of subsection (b) of |
this Section, as may be increased thereafter in |
accordance with this subsection (d).
|
(e) The school board may, after submitting a proper |
resolution to the voters of the district at any regular |
scheduled election, seek to do either of the following:
|
(1) Increase or decrease the maximum authorized annual |
tax rate for grade K through 8 educational purposes with an |
equal corresponding increase or decrease of the maximum |
authorized annual tax rate for grade 9 through 12 |
educational purposes, such that there is no change in the |
total combined maximum authorized annual tax rate for both |
purposes. |
(2) Increase or decrease the maximum authorized annual |
tax rate for grade K through 8 operations and maintenance |
purposes with an equal corresponding increase or decrease |
of the maximum authorized annual tax rate for grade 9 |
through 12 operations and maintenance purposes, such that |
there is no change in the total combined maximum authorized |
annual tax rate for both purposes.
|
Any modification to maximum authorized annual tax rates |
pursuant to this subsection (e) must be approved by both a |
majority of voters living in the portion of the territory |
included within the high school only classification voting on |
the proposition and a majority of voters living in the portion |
of the territory included within the elementary and high school |
|
classification voting on the proposition. No maximum tax rate |
secured hereunder may exceed the maximum tax rate for a |
particular purpose specified elsewhere in statute. |
(f) The school board may seek to do either of the |
following:
|
(1) Increase the maximum authorized annual tax rate for |
either grade K through 8 educational purposes or grade K |
through 8 operations and maintenance purposes with an equal |
corresponding decrease being effected to the maximum |
authorized tax rate for the other fund. |
(2) Increase the maximum authorized annual tax rate for |
either grade 9 through 12 educational purposes or grade 9 |
through 12 operations and maintenance purposes with an |
equal corresponding decrease being effected to the maximum |
authorized tax rate for the other fund.
|
A proper resolution to increase and concurrently decrease |
the maximum authorized annual tax rates for grade K through 8 |
purposes in accordance with this subsection (f) shall be |
submitted to the voters of the district residing in the |
elementary and high school classification at any regular |
scheduled election and must be approved by a majority of voters |
living in the portion of the territory included within the |
elementary and high school classification voting on the |
proposition. A proper resolution to increase and concurrently |
decrease the maximum authorized annual tax rates for grade 9 |
through 12 purposes in accordance with this subsection (f) |
shall be submitted to all of the voters of the district at any |
regular scheduled election and must be approved by a majority |
of voters voting on the proposition. No maximum tax rate |
secured hereunder may exceed the maximum tax rate for a |
particular purpose specified elsewhere in statute. The terms |
and provisions of this subsection (f) shall apply instead of |
the terms and provisions of Section 17-6.1 of this Code to any |
concurrent equal increase and decrease in the maximum |
authorized rates for educational and operations and |
maintenance purposes by an optional elementary unit district.
|
|
(g) The school board may borrow money and issue bonds for |
elementary or high school purposes (but not grade K through 12 |
purposes) as authorized by Articles 10 and 19 and Section |
17-2.11 of this Code and as otherwise permitted by law. All |
notices, resolutions, and ballots related to borrowing money |
and issuing bonds in accordance with this subsection (g) shall |
indicate whether the proposed action is for elementary or high |
school purposes. Taxes to pay the principal of, interest on, |
and premium, if any, on bonds issued for high school purposes |
shall be extended against the entire district, and taxes to pay |
the principal of, interest on, and premium, if any, on bonds |
issued for elementary purposes shall be extended only against |
property within the elementary and high school classification. |
The proposition to issue bonds for high school purposes must be |
submitted to and approved by a majority of voters of the |
district voting on the proposition. The proposition to issue |
bonds for elementary purposes must only be submitted to and |
approved by a majority of voters living in the portion of the |
territory included within the elementary and high school |
classification voting on the proposition. Notwithstanding the |
terms and provisions of Section 19-4 of this Code, the board of |
an optional elementary unit district may not seek to designate |
any bonds issued for high school purposes as bonds issued for |
elementary purposes or designate any bonds issued for |
elementary purposes as bonds issued for high school purposes. |
Any petition filed in accordance with Section 19-9 of this Code |
requesting that the proposition to issue bonds for the payment |
of orders or claims for elementary purposes be submitted to the |
voters must be signed by 10% or more of the registered voters |
of the elementary and high school classification. If required |
pursuant to Section 19-9 of this Code, the proposition to issue |
bonds for the payment of orders or claims for elementary |
purposes must only be submitted to and approved by a majority |
of voters living in the portion of the territory included |
within the elementary and high school classification voting on |
the proposition. Taxes to pay the principal of, interest on, |
|
and premium, if any, on any refunding bonds issued in |
accordance with Article 19 of this Code to refund bonds, |
coupons, or other evidences of indebtedness for bonds issued by |
the optional elementary unit district for high school purposes |
or issued by a district that dissolved to form the optional |
elementary unit district shall be extended against the entire |
district. Taxes to pay the principal of, interest on, and |
premium, if any, on any refunding bonds issued in accordance |
with Article 19 of this Code to refund bonds, coupons, or other |
evidences of indebtedness for bonds issued by the optional |
elementary unit district for elementary purposes shall only be |
extended against the property within the elementary and high |
school classification. |
(h) The school board may establish, maintain, or re-create |
a working cash fund for elementary or high school purposes (but |
not grade K through 12 purposes) as authorized by Article 20 of |
this Code. All notices, resolutions, and ballots related to the |
establishment of a working cash fund shall indicate whether the |
working cash fund shall be for elementary or high school |
purposes. For purposes of Section 20-2 of this Code, taxes to |
pay the principal of, interest on, and premium, if any, on |
bonds issued to create a working cash fund for high school |
purposes shall be extended against the entire district, and |
taxes to pay the principal of, interest on, and premium, if |
any, on bonds issued to create a working cash fund for |
elementary purposes shall be extended only against property |
within the elementary and high school classification. Any |
petition filed in accordance with Section 20-7 of this Code |
requesting that the proposition to issue bonds to establish a |
working cash fund for elementary purposes be submitted to the |
voters must be signed by 10% or more of the registered voters |
of the elementary and high school classification. If required |
pursuant to Section 20-7 of this Code, the proposition to issue |
bonds for a working cash fund for elementary purposes must only |
be submitted to and approved by a majority of voters living in |
the portion of the territory included within the elementary and |
|
high school classification voting on the proposition. Upon the |
abolishment of the working cash fund for elementary purposes in |
accordance with Section 20-8 of this Code, the balance shall be |
transferred to the fund established for the receipt of proceeds |
from levies specified for grade K through 8 educational |
purposes. Upon the abolishment of the working cash fund for |
high school purposes in accordance with Section 20-8 of this |
Code, the balance shall be transferred to the fund established |
for the receipt of proceeds from levies specified for grade 9 |
through 12 educational purposes.
|
(i) The school board shall establish separate funds for the |
receipt of tax proceeds from levies specified for grade K |
through 8 purposes and grade 9 through 12 purposes in |
accordance with subdivisions (1) through (3) of subsection (b) |
of this Section and the receipt of tax and other proceeds from |
bond issuances for grade K through 8 purposes and grade 9 |
through 12 purposes in accordance with subsection (g) of this |
Section. Proceeds received from any levy or bond issuance |
specified for grade K through 8 purposes shall not be used to |
pay for any staff, equipment, materials, facilities, |
buildings, land, or services solely related to instruction in |
grades 9 through 12. Proceeds received from any levy or bond |
issuance specified for grade 9 through 12 purposes shall not be |
used to pay for any staff, equipment, materials, facilities, |
buildings, land, or services solely related to instruction in |
grades K through 8. Expenses related to staff, equipment, |
materials, facilities, buildings, land, or services related to |
instruction in both grades K through 8 and grades 9 through 12 |
may be paid from proceeds received from a levy or bond issuance |
specified for either grade K through 8 purposes or grade 9 |
through 12 purposes.
|
(j) The school board of an optional elementary unit |
district may abate or abolish any fund in accordance with this |
Code, provided that no funds may be transferred from an abated |
or abolished fund specified for grade K through 8 purposes to a |
fund specified for grade 9 through 12 purposes, and no funds |
|
may be transferred from an abated or abolished fund specified |
for grade 9 through 12 purposes to a fund specified for grade K |
through 8 purposes.
|
(k) To the extent that the specific requirements for |
borrowing money, levying taxes, issuing bonds, establishing, |
maintaining, or re-creating a working cash fund, and |
transferring funds by an optional elementary unit district set |
forth in this Section conflicts with any general requirements |
for school districts set forth in Article 10, 17, 19, or 20 of |
this Code, the requirements set forth in this Section shall |
control over any such general requirements.
|
(105 ILCS 5/11E-100 new) |
Sec. 11E-100. Timing of extension of tax levies.
|
(a) If the election of the school board of the new district |
occurs at a regular election and the board of education makes |
its initial levy or levies in that same year, the county clerk |
shall extend the levy or levies, notwithstanding any other law |
that requires the adoption of a budget before the clerk may |
extend the levy. In addition, the districts from which the new |
district is formed, by joint agreement and with the approval of |
the regional superintendent of schools, shall be permitted to |
amend outstanding levies in the same calendar year in which the |
creation of the new district is approved at the rates specified |
in the petition. |
(b) If the election of the board of education of the new |
district does not occur in the same calendar year that the |
proposition to create the new district is approved, the |
districts from which the new district or districts are formed, |
by joint agreement and with the approval of the regional |
superintendent of schools, shall be permitted to levy in the |
same calendar year in which the creation of the new district is |
approved at the rates specified in the petition. The county |
clerks shall extend any such levy notwithstanding any law that |
requires adoption of a budget before extension of the levy.
|
|
(105 ILCS 5/11E-105 new) |
Sec. 11E-105. Assets, liabilities and bonded indebtedness; |
tax rate. |
(a) Subject to the terms and provisions of subsections (b) |
and (c) of this Section, whenever a new district is created |
under any of the provisions of this Article, the outstanding |
bonded indebtedness shall be treated as provided in this |
subsection (a) and in Section 19-29 of this Code. The tax rate |
for bonded indebtedness shall be determined in the manner |
provided in Section 19-7 of this Code, and, notwithstanding the |
creation of any such district, the county clerk or clerks shall |
annually extend taxes, for each outstanding bond issue against |
all of the taxable property that was situated within the |
boundaries of the district, as those boundaries existed at the |
time of the issuance of the bond issue, regardless of whether |
the property is still contained in that same district at the |
time of the extension of the taxes by the county clerk or |
clerks. |
(b) For a unit district formation, whenever a part of a |
district is included within the boundaries of a newly created |
unit district, the regional superintendent of schools shall |
cause an accounting to be had between the districts affected by |
the change in boundaries as provided for in Article 11C of this |
Code. Whenever the entire territory of 2 or more school |
districts is organized into a unit district pursuant to a |
petition filed under this Article, the petition may provide |
that the entire territory of the new unit district shall assume |
the bonded indebtedness of the previously existing school |
districts. In that case, the tax rate for bonded indebtedness |
shall be determined in the manner provided in Section 19-7 of |
this Code, except that the county clerk shall annually extend |
taxes for each outstanding bond issue against all the taxable |
property situated in the new unit district as it exists after |
the organization. |
(c)(1) For a high school-unit conversion, unit to dual |
conversion, or multi-unit conversion, upon the effective date |
|
of the change as provided in Section 11E-70 of this Code and |
subject to the provisions of paragraph (2) of this subsection |
(c), each newly created elementary district shall receive all |
of the assets and assume all of the liabilities and obligations |
of the dissolved unit district forming the boundary of the |
newly created elementary district. |
(2) Notwithstanding the provisions of paragraph (1) of |
this subsection (c), upon the stipulation of the school |
board of the school district serving a newly created |
elementary district for high school purposes
and either (i) |
the school board of the unit district prior to the |
effective date of its dissolution or (ii) thereafter the |
school board of the newly created elementary district and |
with the approval in either case of the regional |
superintendent of schools of the educational service |
region in which the territory described in the petition |
filed under this Article or the greater percentage of |
equalized assessed valuation of the territory is situated, |
the assets, liabilities, and obligations of the dissolved |
unit district may be divided and assumed between and by the |
newly created elementary district and the school district |
serving the newly created elementary district for high |
school purposes,
in accordance with the terms and |
provisions of the stipulation and approval. In this event, |
the provisions of Section 19-29 shall be applied to |
determine the debt incurring power of the newly created |
elementary district and of the school district serving the |
newly created elementary district for high school |
purposes. |
(3) Without regard to whether the receipt of assets and |
the assumption of liabilities and obligations of the |
dissolved unit district is determined pursuant to |
paragraph (1) or (2) of this subsection (c), the tax rate |
for bonded indebtedness shall be determined in the manner |
provided in Section 19-7, and, notwithstanding the |
creation of this new elementary district, the county clerk |
|
or clerks shall annually extend taxes for each outstanding |
bond issue against all of the taxable property that was |
situated within the boundaries of the dissolved unit |
district as those boundaries existed at the time of the |
issuance of the bond issue, regardless of whether the |
property was still contained in that unit district at the |
time of its dissolution and regardless of whether the |
property is contained in the newly created elementary |
district at the time of the extension of the taxes by the |
county clerk or clerks.
|
(105 ILCS 5/11E-110 new) |
Sec. 11E-110. Teachers in contractual continued service. |
(a) When a school district conversion or multi-unit |
conversion becomes effective for purposes of administration |
and attendance, as determined pursuant to Section 11E-70 of |
this Code, the provisions of Section 24-12 of this Code |
relative to the contractual continued service status of |
teachers having contractual continued service whose positions |
are transferred from one school board to the control of a new |
or different school board shall apply, and the positions held |
by teachers, as that term is defined in Section 24-11 of this |
Code, having contractual continued service with the unit |
district at the time of its dissolution shall be transferred on |
the following basis: |
(1) positions of teachers in contractual continued |
service that, during the 5 school years immediately |
preceding the effective date of the change, as determined |
under Section 11E-70 of this Code, were full-time positions |
in which all of the time required of the position was spent |
in one or more of grades 9 through 12 shall be transferred |
to the control of the school board of the new high school |
district or combined high school - unit district, as the |
case may be; |
(2) positions of teachers in contractual continued |
service that, during the 5 school years immediately |
|
preceding the effective date of the change, as determined |
under Section 11E-70 of this Code, were full-time positions |
in which all of the time required of the position was spent |
in one or more of grades kindergarten through 8 shall be |
transferred to the control of the school board of the newly |
created successor elementary district; and |
(3) positions of teachers in contractual continued |
service that were full-time positions not required to be |
transferred to the control of the school board of the new |
high school district or combined high school - unit |
district, as the case may be,
or the school board of the |
newly created successor elementary district under the |
provisions of subdivision (1) or (2) of this subsection (a) |
shall be transferred to the control of whichever of the |
boards the teacher shall request. |
(4) With respect to each position to be transferred |
under the provisions of this subsection (a), the amount of |
time required of each position to be spent in one or more |
of grades kindergarten through 8 and 9 through 12 shall be |
determined with reference to the applicable records of the |
unit district being dissolved pursuant to stipulation of |
the school board of the unit district prior to the |
effective date of its dissolution or thereafter of the |
school board of the newly created districts and with the |
approval in either case of the regional superintendent of |
schools of the educational service region in which the |
territory described in the petition filed under this |
Article or the greater percentage of equalized assessed |
evaluation of the territory is situated; however, if no |
such stipulation can be agreed upon, the regional |
superintendent of schools, after hearing any additional |
relevant and material evidence that any school board |
desires to submit, shall make the determination. |
(b) When the creation of a unit district or a combined |
school district becomes effective for purposes of |
administration and attendance, as determined pursuant to |
|
Section 11E-70 of this Code, the positions of teachers in |
contractual continued service in the districts involved in the |
creation of the new district are transferred to the newly |
created district pursuant to the provisions of Section 24-12 of |
this Code relative to teachers having contractual continued |
service status whose positions are transferred from one board |
to the control of a different board, and those provisions of |
Section 24-12 shall apply to these transferred teachers. The |
contractual continued service status of any teacher thereby |
transferred to the newly created district is not lost and the |
new school board is subject to this Code with respect to the |
transferred teacher in the same manner as if the teacher was |
that district's employee and had been its employee during the |
time the teacher was actually employed by the school board of |
the district from which the position was transferred.
|
(105 ILCS 5/11E-115 new) |
Sec. 11E-115. Limitations on contesting boundary change. |
Neither the People of the State of Illinois, any person or |
corporation, private or public, nor any association of persons |
shall commence an action contesting either directly or |
indirectly the dissolution, division, annexation, or creation |
of any new school district under the provisions of this |
Article, unless the action is commenced within one year after |
the date of the election provided for in this Article if no |
proceedings to contest the election are duly instituted within |
the time permitted by law, or within one year after the final |
disposition of any proceedings that may be so instituted to |
contest the election; however, where a limitation of a shorter |
period is prescribed by statute, the shorter limitation shall |
apply, and the limitation set forth in this Section shall not |
apply to any order where the judge, body, or officer entering |
the order being challenged did not at the time of the entry of |
the order have jurisdiction of the subject matter.
|
(105 ILCS 5/11E-120 new) |
|
Sec. 11E-120. Limitation on successive petitions. |
(a) No affected district shall be again involved in |
proceedings under this Article for at least 2 years after a |
final non-procedural determination of the first proceeding, |
unless during that 2 year period a petition filed is |
substantially different than any other previously filed |
petition during the previous 2 years or if an affected district |
is placed on academic watch status or the financial watch list |
by the State Board of Education or is certified as being in |
financial difficulty during that 2 year period. |
(b) Nothing contained in this Section shall be deemed to |
limit or restrict the ability of an elementary district to join |
an optional elementary unit district in accordance with the |
terms and provisions of subsection (d) of Section 11E-30 of |
this Code.
|
(105 ILCS 5/11E-125 new) |
Sec. 11E-125. Districts not penalized for nonrecognition. |
Any school district included in a petition for reorganization |
as authorized under this Article shall not suffer loss of State |
aid as a result of being placed on nonrecognition status if the |
district continues to operate and the petition is granted.
|
(105 ILCS 5/11E-130 new) |
Sec. 11E-130. Unit district formation and joint agreement |
vocational education program. |
(a) If a unit district is established under the provisions |
of this Article and more than 50% of the territory of the unit |
district is territory that immediately prior to its inclusion |
in the unit district was included in a high school district or |
districts that were signatories under the same joint agreement |
vocational education program, pursuant to the provisions of |
this Code, then the unit district shall upon its establishment |
be deemed to be a member and signatory to the joint agreement |
and shall also have the right to continue to extend taxes under |
any previous authority to levy a tax under Section 17-2.4 of |
|
this Code. |
(b) In those instances, however, when more than 50% of the |
territory of any unit district was not, immediately prior to |
its establishment, included within the territory of a high |
school district that was a signatory to the same joint |
agreement vocational education program, then the unit district |
shall not be deemed upon its establishment to be a signatory to |
the joint agreement nor shall the unit district be deemed to |
have the special tax levy rights under Section 17-2.4 of this |
Code. |
(c) Nothing in this Section shall be deemed to forbid the |
unit district from subsequently joining a joint agreement |
vocational education program and to thereafter levy a tax under |
Section 17-2.4 of this Code by following the provisions of |
Section 17-2.4. In the event that any such unit district should |
subsequently join any such joint agreement vocational |
education program, it shall be entitled to a fair credit, as |
computed by the State Board of Education, for any capital |
contributions previously made to the joint agreement |
vocational education program from taxes levied against the |
assessed valuation of property situated in any part of the |
territory included within the unit district.
|
(105 ILCS 5/11E-135 new) |
Sec. 11E-135. Incentives. For districts reorganizing under |
this Article and for a district or districts that annex all of |
the territory of one or more entire other school districts in |
accordance with Article 7 of this Code, the following payments |
shall be made from appropriations made for these purposes: |
(a)(1) For a combined school district, as defined in |
Section 11E-20 of this Code, or for a unit district, as defined |
in Section 11E-25 of this Code, for its first year of |
existence, the general State aid and supplemental general State |
aid calculated under Section 18-8.05 of this Code shall be |
computed for the new district and for the previously existing |
districts for which property is totally included within the new |
|
district. If the computation on the basis of the previously |
existing districts is greater, a supplementary payment equal to |
the difference shall be made for the first 4 years of existence |
of the new district. |
(2) For a school district that annexes all of the |
territory of one or more entire other school districts as |
defined in Article 7 of this Code, for the first year |
during which the change of boundaries attributable to the |
annexation becomes effective for all purposes, as |
determined under Section 7-9 of this Code, the general |
State aid and supplemental general State aid calculated |
under Section 18-8.05 of this Code shall be computed for |
the annexing district as constituted after the annexation |
and for the annexing and each annexed district as |
constituted prior to the annexation; and if the computation |
on the basis of the annexing and annexed districts as |
constituted prior to the annexation is greater, then a |
supplementary payment equal to the difference shall be made |
for the first 4 years of existence of the annexing school |
district as constituted upon the annexation. |
(3) For 2 or more school districts that annex all of |
the territory of one or more entire other school districts, |
as defined in Article 7 of this Code, for the first year |
during which the change of boundaries attributable to the |
annexation becomes effective for all purposes, as |
determined under Section 7-9 of this Code, the general |
State aid and supplemental general State aid calculated |
under Section 18-8.05 of this Code shall be computed for |
each annexing district as constituted after the annexation |
and for each annexing and annexed district as constituted |
prior to the annexation; and if the aggregate of the |
general State aid and supplemental general State aid as so |
computed for the annexing districts as constituted after |
the annexation is less than the aggregate of the general |
State aid and supplemental general State aid as so computed |
for the annexing and annexed districts, as constituted |
|
prior to the annexation, then a supplementary payment equal |
to the difference shall be made and allocated between or |
among the annexing districts, as constituted upon the |
annexation, for the first 4 years of their existence. The |
total difference payment shall be allocated between or |
among the annexing districts in the same ratio as the pupil |
enrollment from that portion of the annexed district or |
districts that is annexed to each annexing district bears |
to the total pupil enrollment from the entire annexed |
district or districts, as such pupil enrollment is |
determined for the school year last ending prior to the |
date when the change of boundaries attributable to the |
annexation becomes effective for all purposes. The amount |
of the total difference payment and the amount thereof to |
be allocated to the annexing districts shall be computed by |
the State Board of Education on the basis of pupil |
enrollment and other data that shall be certified to the |
State Board of Education, on forms that it shall provide |
for that purpose, by the regional superintendent of schools |
for each educational service region in which the annexing |
and annexed districts are located. |
(4) For a school district conversion, as defined in |
Section 11E-15 of this Code, or a multi-unit conversion, as |
defined in subsection (b) of Section 11E-30 of this Code, |
if in their first year of existence the newly created |
elementary districts and the newly created high school |
district, from a school district conversion, or the newly |
created elementary district or districts and newly created |
combined high school - unit district, from a multi-unit |
conversion, qualify for less general State aid under |
Section 18-8.05 of this Code than would have been payable |
under Section 18-8.05 for that same year to the previously |
existing districts, then a supplementary payment equal to |
that difference shall be made for the first 4 years of |
existence of the newly created districts. The aggregate |
amount of each supplementary payment shall be allocated |
|
among the newly created districts in the proportion that |
the deemed pupil enrollment in each district during its |
first year of existence bears to the actual aggregate pupil |
enrollment in all of the districts during their first year |
of existence. For purposes of each allocation: |
(A) the deemed pupil enrollment of the newly |
created high school district from a school district |
conversion shall be an amount equal to its actual pupil |
enrollment for its first year of existence multiplied |
by 1.25; |
(B) the deemed pupil enrollment of each newly |
created elementary district from a school district |
conversion shall be an amount equal to its actual pupil |
enrollment for its first year of existence reduced by |
an amount equal to the product obtained when the amount |
by which the newly created high school district's |
deemed pupil enrollment exceeds its actual pupil |
enrollment for its first year of existence is |
multiplied by a fraction, the numerator of which is the |
actual pupil enrollment of the newly created |
elementary district for its first year of existence and |
the denominator of which is the actual aggregate pupil |
enrollment of all of the newly created elementary |
districts for their first year of existence; |
(C) the deemed high school pupil enrollment of the |
newly created combined high school - unit district from |
a multi-unit conversion shall be an amount equal to its |
actual grades 9 through 12 pupil enrollment for its |
first year of existence multiplied by 1.25; and |
(D) the deemed elementary pupil enrollment of each |
newly created district from a multi-unit conversion |
shall be an amount equal to each district's actual |
grade K through 8 pupil enrollment for its first year |
of existence, reduced by an amount equal to the product |
obtained when the amount by which the newly created |
combined high school - unit district's deemed high |
|
school pupil enrollment exceeds its actual grade 9 |
through 12 pupil enrollment for its first year of |
existence is multiplied by a fraction, the numerator of |
which is the actual grade K through 8 pupil enrollment |
of each newly created district for its first year of |
existence and the denominator of which is the actual |
aggregate grade K through 8 pupil enrollment of all |
such newly created districts for their first year of |
existence. |
The aggregate amount of each supplementary payment |
under this subdivision (4) and the amount thereof to be |
allocated to the newly created districts shall be computed |
by the State Board of Education on the basis of pupil |
enrollment and other data, which shall be certified to the |
State Board of Education, on forms that it shall provide |
for that purpose, by the regional superintendent of schools |
for each educational service region in which the newly |
created districts are located.
|
(5) For a partial elementary unit district, as defined |
in subsection (a) or (c) of Section 11E-30 of this Code, |
if, in the first year of existence, the newly created |
partial elementary unit district qualifies for less |
general State aid and supplemental general State aid under |
Section 18-8.05 of this Code than would have been payable |
under that Section for that same year to the previously |
existing districts that formed the partial elementary unit |
district, then a supplementary payment equal to that |
difference shall be made to the partial elementary unit |
district for the first 4 years of existence of that newly |
created district. |
(6) For an elementary opt-in, as described in |
subsection (d) of Section 11E-30 of this Code, the general |
State aid difference shall be computed in accordance with |
paragraph (5) of this subsection (a) as if the elementary |
opt-in was included in an optional elementary unit district |
at the optional elementary unit district's original |
|
effective date. If the calculation in this paragraph (6) is |
less than that calculated in paragraph (5) of this |
subsection (a) at the optional elementary unit district's |
original effective date, then no adjustments may be made. |
If the calculation in this paragraph (6) is more than that |
calculated in paragraph (5) of this subsection (a) at the |
optional elementary unit district's original effective |
date, then the excess must be paid as follows: |
(A) If the effective date for the elementary opt-in |
is one year after the effective date for the optional |
elementary unit district, 100% of the calculated |
excess shall be paid to the optional elementary unit |
district in each of the first 4 years after the |
effective date of the elementary opt-in. |
(B) If the effective date for the elementary opt-in |
is 2 years after the effective date for the optional |
elementary unit district, 75% of the calculated excess |
shall be paid to the optional elementary unit district |
in each of the first 4 years after the effective date |
of the elementary opt-in. |
(C) If the effective date for the elementary opt-in |
is 3 years after the effective date for the optional |
elementary unit district, 50% of the calculated excess |
shall be paid to the optional elementary unit district |
in each of the first 4 years after the effective date |
of the elementary opt-in. |
(D) If the effective date for the elementary opt-in |
is 4 years after the effective date for the optional |
elementary unit district, 25% of the calculated excess |
shall be paid to the optional elementary unit district |
in each of the first 4 years after the effective date |
of the elementary opt-in. |
(E) If the effective date for the elementary opt-in |
is 5 years after the effective date for the optional |
elementary unit district, the optional elementary unit |
district is not eligible for any additional incentives |
|
due to the elementary opt-in. |
(7) Claims for financial assistance under this |
subsection (a) may not be recomputed except as expressly |
provided under Section 18-8.05 of this Code. |
(8) Any supplementary payment made under this |
subsection (a) must be treated as separate from all other |
payments made pursuant to Section 18-8.05 of this Code. |
(b)(1) After the formation of a combined school district, |
as defined in Section 11E-20 of this Code, or a unit district, |
as defined in Section 11E-25 of this Code, a computation shall |
be made to determine the difference between the salaries |
effective in each of the previously existing districts on June |
30, prior to the creation of the new district. For the first 4 |
years after the formation of the new district, a supplementary |
State aid reimbursement shall be paid to the new district equal |
to the difference between the sum of the salaries earned by |
each of the certificated members of the new district, while |
employed in one of the previously existing districts during the |
year immediately preceding the formation of the new district, |
and the sum of the salaries those certificated members would |
have been paid during the year immediately prior to the |
formation of the new district if placed on the salary schedule |
of the previously existing district with the highest salary |
schedule. |
(2) After the territory of one or more school districts |
is annexed by one or more other school districts as defined |
in Article 7 of this Code, a computation shall be made to |
determine the difference between the salaries effective in |
each annexed district and in the annexing district or |
districts as they were each constituted on June 30 |
preceding the date when the change of boundaries |
attributable to the annexation became effective for all |
purposes, as determined under Section 7-9 of this Code. For |
the first 4 years after the annexation, a supplementary |
State aid reimbursement shall be paid to each annexing |
district as constituted after the annexation equal to the |
|
difference between the sum of the salaries earned by each |
of the certificated members of the annexing district as |
constituted after the annexation, while employed in an |
annexed or annexing district during the year immediately |
preceding the annexation, and the sum of the salaries those |
certificated members would have been paid during the |
immediately preceding year if placed on the salary schedule |
of whichever of the annexing or annexed districts had the |
highest salary schedule during the immediately preceding |
year. |
(3) For each new high school district formed under a |
school district conversion, as defined in Section 11E-15 of |
this Code, the State shall make a supplementary payment for |
4 years equal to the difference between the sum of the |
salaries earned by each certified member of the new high |
school district, while employed in one of the previously |
existing districts, and the sum of the salaries those |
certified members would have been paid if placed on the |
salary schedule of the previously existing district with |
the highest salary schedule. |
(4) For each newly created partial elementary unit |
district, the State shall make a supplementary payment for |
4 years equal to the difference between the sum of the |
salaries earned by each certified member of the newly |
created partial elementary unit district, while employed |
in one of the previously existing districts that formed the |
partial elementary unit district, and the sum of the |
salaries those certified members would have been paid if |
placed on the salary schedule of the previously existing |
district with the highest salary schedule. The salary |
schedules used in the calculation shall be those in effect |
in the previously existing districts for the school year |
prior to the creation of the new partial elementary unit |
district. |
(5) For an elementary district opt-in, as described in |
subsection (d) of Section 11E-30 of this Code, the salary |
|
difference incentive shall be computed in accordance with |
paragraph (4) of this subsection (b) as if the opted-in |
elementary district was included in the optional |
elementary unit district at the optional elementary unit |
district's original effective date. If the calculation in |
this paragraph (5) is less than that calculated in |
paragraph (4) of this subsection (b) at the optional |
elementary unit district's original effective date, then |
no adjustments may be made. If the calculation in this |
paragraph (5) is more than that calculated in paragraph (4) |
of this subsection (b) at the optional elementary unit |
district's original effective date, then the excess must be |
paid as follows: |
(A) If the effective date for the elementary opt-in |
is one year after the effective date for the optional |
elementary unit district, 100% of the calculated |
excess shall be paid to the optional elementary unit |
district in each of the first 4 years after the |
effective date of the elementary opt-in. |
(B) If the effective date for the elementary opt-in |
is 2 years after the effective date for the optional |
elementary unit district, 75% of the calculated excess |
shall be paid to the optional elementary unit district |
in each of the first 4 years after the effective date |
of the elementary opt-in. |
(C) If the effective date for the elementary opt-in |
is 3 years after the effective date for the optional |
elementary unit district, 50% of the calculated excess |
shall be paid to the optional elementary unit district |
in each of the first 4 years after the effective date |
of the elementary opt-in. |
(D) If the effective date for the elementary opt-in |
is 4 years after the effective date for the partial |
elementary unit district, 25% of the calculated excess |
shall be paid to the optional elementary unit district |
in each of the first 4 years after the effective date |
|
of the elementary opt-in. |
(E) If the effective date for the elementary opt-in |
is 5 years after the effective date for the optional |
elementary unit district, the optional elementary unit |
district is not eligible for any additional incentives |
due to the elementary opt-in. |
(6) The supplementary State aid reimbursement under |
this subsection (b) shall be treated as separate from all |
other payments made pursuant to Section 18-8.05 of this |
Code. In the case of the formation of a new district, |
reimbursement shall begin during the first year of |
operation of the new district, and in the case of an |
annexation of the territory of one or more school districts |
by one or more other school districts, reimbursement shall |
begin during the first year when the change in boundaries |
attributable to the annexation or division becomes |
effective for all purposes as determined pursuant to |
Section 7-9 of this Code. Each year that the new, annexing, |
or resulting district, as the case may be, is entitled to |
receive reimbursement, the number of eligible certified |
members who are employed on October 1 in the district shall |
be certified to the State Board of Education on prescribed |
forms by October 15 and payment shall be made on or before |
November 15 of that year. |
(c)(1) For the first year after the formation of a combined |
school district, as defined in Section 11E-20 of this Code or a |
unit district, as defined in Section 11E-25 of this Code, a |
computation shall be made totaling each previously existing |
district's audited fund balances in the educational fund, |
working cash fund, operations and maintenance fund, and |
transportation fund for the year ending June 30 prior to the |
referendum for the creation of the new district. The new |
district shall be paid supplementary State aid equal to the sum |
of the differences between the deficit of the previously |
existing district with the smallest deficit and the deficits of |
each of the other previously existing districts. |
|
(2) For the first year after the annexation of all of |
the territory of one or more entire school districts by |
another school district, as defined in Article 7 of this |
Code, computations shall be made, for the year ending June |
30 prior to the date that the change of boundaries |
attributable to the annexation is allowed by the |
affirmative decision issued by the regional board of school |
trustees under Section 7-6 of this Code, notwithstanding |
any effort to seek administrative review of the decision, |
totaling the annexing district's and totaling each annexed |
district's audited fund balances in their respective |
educational, working cash, operations and maintenance, and |
transportation funds. The annexing district as constituted |
after the annexation shall be paid supplementary State aid |
equal to the sum of the differences between the deficit of |
whichever of the annexing or annexed districts as |
constituted prior to the annexation had the smallest |
deficit and the deficits of each of the other districts as |
constituted prior to the annexation. |
(3) For the first year after the annexation of all of |
the territory of one or more entire school districts by 2 |
or more other school districts, as defined by Article 7 of |
this Code, computations shall be made, for the year ending |
June 30 prior to the date that the change of boundaries |
attributable to the annexation is allowed by the |
affirmative decision of the regional board of school |
trustees under Section 7-6 of this Code, notwithstanding |
any action for administrative review of the decision, |
totaling each annexing and annexed district's audited fund |
balances in their respective educational, working cash, |
operations and maintenance, and transportation funds. The |
annexing districts as constituted after the annexation |
shall be paid supplementary State aid, allocated as |
provided in this paragraph (3), in an aggregate amount |
equal to the sum of the differences between the deficit of |
whichever of the annexing or annexed districts as |
|
constituted prior to the annexation had the smallest |
deficit and the deficits of each of the other districts as |
constituted prior to the annexation. The aggregate amount |
of the supplementary State aid payable under this paragraph |
(3) shall be allocated between or among the annexing |
districts as follows: |
(A) the regional superintendent of schools for |
each educational service region in which an annexed |
district is located prior to the annexation shall |
certify to the State Board of Education, on forms that |
it shall provide for that purpose, the value of all |
taxable property in each annexed district, as last |
equalized or assessed by the Department of Revenue |
prior to the annexation, and the equalized assessed |
value of each part of the annexed district that was |
annexed to or included as a part of an annexing |
district; |
(B) using equalized assessed values as certified |
by the regional superintendent of schools under clause |
(A) of this paragraph (3), the combined audited fund |
balance deficit of each annexed district as determined |
under this Section shall be apportioned between or |
among the annexing districts in the same ratio as the |
equalized assessed value of that part of the annexed |
district that was annexed to or included as a part of |
an annexing district bears to the total equalized |
assessed value of the annexed district; and |
(C) the aggregate supplementary State aid payment |
under this paragraph (3) shall be allocated between or |
among, and shall be paid to, the annexing districts in |
the same ratio as the sum of the combined audited fund |
balance deficit of each annexing district as |
constituted prior to the annexation, plus all combined |
audited fund balance deficit amounts apportioned to |
that annexing district under clause (B) of this |
subsection, bears to the aggregate of the combined |
|
audited fund balance deficits of all of the annexing |
and annexed districts as constituted prior to the |
annexation. |
(4) For the new elementary districts and new high |
school district formed through a school district |
conversion, as defined in subsection (b) of Section 11E-15 |
of this Code or the new elementary district or districts |
and new combined high school - unit district formed through |
a multi-unit conversion, as defined in subsection (b) of |
Section 11E-30 of this Code, a computation shall be made |
totaling each previously existing district's audited fund |
balances in the educational fund, working cash fund, |
operations and maintenance fund, and transportation fund |
for the year ending June 30 prior to the referendum |
establishing the new districts. In the first year of the |
new districts, the State shall make a one-time |
supplementary payment equal to the sum of the differences |
between the deficit of the previously existing district |
with the smallest deficit and the deficits of each of the |
other previously existing districts. A district with a |
combined balance among the 4 funds that is positive shall |
be considered to have a deficit of zero. The supplementary |
payment shall be allocated among the newly formed high |
school and elementary districts in the manner provided by |
the petition for the formation of the districts, in the |
form in which the petition is approved by the regional |
superintendent of schools or State Superintendent of |
Education under Section 11E-50 of this Code. |
(5) For each newly created partial elementary unit |
district, as defined in subsection (a) or (c) of Section |
11E-30 of this Code, a computation shall be made totaling |
the audited fund balances of each previously existing |
district that formed the new partial elementary unit |
district in the educational fund, working cash fund, |
operations and maintenance fund, and transportation fund |
for the year ending June 30 prior to the referendum for the |
|
formation of the partial elementary unit district. In the |
first year of the new partial elementary unit district, the |
State shall make a one-time supplementary payment to the |
new district equal to the sum of the differences between |
the deficit of the previously existing district with the |
smallest deficit and the deficits of each of the other |
previously existing districts. A district with a combined |
balance among the 4 funds that is positive shall be |
considered to have a deficit of zero. |
(6) For an elementary opt-in as defined in subsection |
(d) of Section 11E-30 of this Code, the deficit fund |
balance incentive shall be computed in accordance with |
paragraph (5) of this subsection (c) as if the opted-in |
elementary was included in the optional elementary unit |
district at the optional elementary unit district's |
original effective date. If the calculation in this |
paragraph (6) is less than that calculated in paragraph (5) |
of this subsection (c) at the optional elementary unit |
district's original effective date, then no adjustments |
may be made. If the calculation in this paragraph (6) is |
more than that calculated in paragraph (5) of this |
subsection (c) at the optional elementary unit district's |
original effective date, then the excess must be paid as |
follows: |
(A) If the effective date for the elementary opt-in |
is one year after the effective date for the optional |
elementary unit district, 100% of the calculated |
excess shall be paid to the optional elementary unit |
district in the first year after the effective date of |
the elementary opt-in. |
(B) If the effective date for the elementary opt-in |
is 2 years after the effective date for the optional |
elementary unit district, 75% of the calculated excess |
shall be paid to the optional elementary unit district |
in the first year after the effective date of the |
elementary opt-in. |
|
(C) If the effective date for the elementary opt-in |
is 3 years after the effective date for the optional |
elementary unit district, 50% of the calculated excess |
shall be paid to the optional elementary unit district |
in the first year after the effective date of the |
elementary opt-in. |
(D) If the effective date for the elementary opt-in |
is 4 years after the effective date for the optional |
elementary unit district, 25% of the calculated excess |
shall be paid to the optional elementary unit district |
in the first year after the effective date of the |
elementary opt-in. |
(E) If the effective date for the elementary opt-in |
is 5 years after the effective date for the optional |
elementary unit district, the optional elementary unit |
district is not eligible for any additional incentives |
due to the elementary opt-in. |
(7) For purposes of any calculation required under |
paragraph (1), (2), (3), (4), (5), or (6) of this |
subsection (c), a district with a combined fund balance |
that is positive shall be considered to have a deficit of |
zero. For purposes of determining each district's audited |
fund balances in its educational fund, working cash fund, |
operations and maintenance fund, and transportation fund |
for the specified year ending June 30, as provided in |
paragraphs (1), (2), (3), (4), (5), and (6) of this |
subsection (c), the balance of each fund shall be deemed |
decreased by an amount equal to the amount of the annual |
property tax theretofore levied in the fund by the district |
for collection and payment to the district during the |
calendar year in which the June 30 fell, but only to the |
extent that the tax so levied in the fund actually was |
received by the district on or before or comprised a part |
of the fund on such June 30. For purposes of determining |
each district's audited fund balances, a calculation shall |
be made for each fund to determine the average for the 3 |
|
years prior to the specified year ending June 30, as |
provided in paragraphs (1), (2), (3), (4), (5), and (6) of |
this subsection (c), of the district's expenditures in the |
categories "purchased services", "supplies and materials", |
and "capital outlay", as those categories are defined in |
rules of the State Board of Education. If this 3-year |
average is less than the district's expenditures in these |
categories for the specified year ending June 30, as |
provided in paragraphs (1), (2), (3), (4), (5), and (6) of |
this subsection (c), then the 3-year average shall be used |
in calculating the amounts payable under this Section in |
place of the amounts shown in these categories for the |
specified year ending June 30, as provided in paragraphs |
(1), (2), (3), (4), (5), and (6) of this subsection (c). |
Any deficit because of State aid not yet received may not |
be considered in determining the June 30 deficits. The same |
basis of accounting shall be used by all previously |
existing districts and by all annexing or annexed |
districts, as constituted prior to the annexation, in |
making any computation required under paragraphs (1), (2), |
(3), (4), (5), and (6) of this subsection (c). |
(8) The supplementary State aid payments under this |
subsection (c) shall be treated as separate from all other |
payments made pursuant to Section 18-8.05 of this Code. |
(d)(1) Following the formation of a combined school |
district, as defined in Section 11E-20 of this Code, a new |
elementary district or districts and a new high school district |
formed through a school district conversion, as defined in |
subsection (b) of Section 11E-15 of this Code, a new partial |
elementary unit district, as defined in Section 11E-30 of this |
Code, or a new elementary district or districts formed through |
a multi-unit conversion, as defined in subsection (b) of |
Section 11E-30 of this Code, or the annexation of all of the |
territory of one or more entire school districts by one or more |
other school districts, as defined in Article 7 of this Code, a |
supplementary State aid reimbursement shall be paid for the |
|
number of school years determined under the following table to |
each new or annexing district equal to the sum of $4,000 for |
each certified employee who is employed by the district on a |
full-time basis for the regular term of the school year:
|
|
Reorganized District's | Rank by type of | district (unit, high | school, elementary) in | Equalized Assessed | Value Per Pupil by | Quintile | | Reorganized District's Rank in Average Daily Attendance by Quintile |
|
|
| | 1st Quintile
| 2nd Quintile | 3rd, 4th, or 5th Quintile |
|
1st Quintile | 1 year | 1 year | 1 year |
|
2nd Quintile | 1 year | 2 years | 2 years |
|
3rd Quintile | 2 years | 3 years | 3 years |
|
4th Quintile | 2 years | 3 years | 3 years |
|
5th Quintile
| 2 years
| 3 years
| 3 years
|
|
The State Board of Education shall make a one-time calculation |
of a reorganized district's quintile ranks. The average daily |
attendance used in this calculation shall be the best 3 months' |
average daily attendance for the district's first year. The |
equalized assessed value per pupil shall be the district's real |
property equalized assessed value used in calculating the |
district's first-year general State aid claim, under Section |
18-8.05 of this Code, divided by the best 3 months' average |
daily attendance. |
No annexing or resulting school district shall be entitled |
to supplementary State aid under this subsection (d) unless the |
district acquires at least 30% of the average daily attendance |
of the district from which the territory is being detached or |
divided. |
If a district results from multiple reorganizations that |
would otherwise qualify the district for multiple payments |
|
under this subsection (d) in any year, then the district shall |
receive a single payment only for that year based solely on the |
most recent reorganization. |
(2) For an elementary opt-in, as defined in subsection |
(d) of Section 11E-30 of this Code, the full-time certified |
staff incentive shall be computed in accordance with |
paragraph (1) of this subsection (d), equal to the sum of |
$4,000 for each certified employee of the elementary |
district that opts-in who is employed by the optional |
elementary unit district on a full-time basis for the |
regular term of the school year. The calculation from this |
paragraph (2) must be paid as follows: |
(A) If the effective date for the elementary opt-in |
is one year after the effective date for the optional |
elementary unit district, 100% of the amount |
calculated in this paragraph (2) shall be paid to the |
optional elementary unit district for the number of |
years calculated in paragraph (1) of this subsection |
(d) at the optional elementary unit district's |
original effective date, starting in the second year |
after the effective date of the elementary opt-in. |
(B) If the effective date for the elementary opt-in |
is 2 years after the effective date for the optional |
elementary unit district, 75% of the amount calculated |
in this paragraph (2) shall be paid to the optional |
elementary unit district for the number of years |
calculated in paragraph (1) of this subsection (d) at |
the optional elementary unit district's original |
effective date, starting in the second year after the |
effective date of the elementary opt-in. |
(C) If the effective date for the elementary opt-in |
is 3 years after the effective date for the optional |
elementary unit district, 50% of the amount calculated |
in this paragraph (2) shall be paid to the optional |
elementary unit district for the number of years |
calculated in paragraph (1) of this subsection (d) at |
|
the optional elementary unit district's original |
effective date, starting in the second year after the |
effective date of the elementary opt-in. |
(D) If the effective date for the elementary opt-in |
is 4 years after the effective date for the optional |
elementary unit district, 25% of the amount calculated |
in this paragraph (2) shall be paid to the optional |
elementary unit district for the number of years |
calculated in paragraph (1) of this subsection (d) at |
the optional elementary unit district's original |
effective date, starting in the second year after the |
effective date of the elementary opt-in. |
(E) If the effective date for the elementary opt-in |
is 5 years after the effective date for the optional |
elementary unit district, the optional elementary unit |
district is not eligible for any additional incentives |
due to the elementary opt-in. |
(3) The supplementary State aid reimbursement payable |
under this subsection (d) shall be separate from and in |
addition to all other payments made to the district |
pursuant to any other Section of this Article. |
(4) During May of each school year for which a |
supplementary State aid reimbursement is to be paid to a |
new or annexing school district pursuant to this subsection |
(d), the school board shall certify to the State Board of |
Education, on forms furnished to the school board by the |
State Board of Education for purposes of this subsection |
(d), the number of certified employees for which the |
district is entitled to reimbursement under this Section, |
together with the names, certificate numbers, and |
positions held by the certified employees. |
(5) Upon certification by the State Board of Education |
to the State Comptroller of the amount of the supplementary |
State aid reimbursement to which a school district is |
entitled under this subsection (d), the State Comptroller |
shall draw his or her warrant upon the State Treasurer for |
|
the payment thereof to the school district and shall |
promptly transmit the payment to the school district |
through the appropriate school treasurer.
|
(105 ILCS 5/18-8.05)
|
Sec. 18-8.05. Basis for apportionment of general State |
financial aid and
supplemental general State aid to the common |
schools for the 1998-1999 and
subsequent school years.
|
(A) General Provisions.
|
(1) The provisions of this Section apply to the 1998-1999 |
and subsequent
school years. The system of general State |
financial aid provided for in this
Section
is designed to |
assure that, through a combination of State financial aid and
|
required local resources, the financial support provided each |
pupil in Average
Daily Attendance equals or exceeds a
|
prescribed per pupil Foundation Level. This formula approach |
imputes a level
of per pupil Available Local Resources and |
provides for the basis to calculate
a per pupil level of |
general State financial aid that, when added to Available
Local |
Resources, equals or exceeds the Foundation Level. The
amount |
of per pupil general State financial aid for school districts, |
in
general, varies in inverse
relation to Available Local |
Resources. Per pupil amounts are based upon
each school |
district's Average Daily Attendance as that term is defined in |
this
Section.
|
(2) In addition to general State financial aid, school |
districts with
specified levels or concentrations of pupils |
from low income households are
eligible to receive supplemental |
general State financial aid grants as provided
pursuant to |
subsection (H).
The supplemental State aid grants provided for |
school districts under
subsection (H) shall be appropriated for |
distribution to school districts as
part of the same line item |
in which the general State financial aid of school
districts is |
appropriated under this Section.
|
(3) To receive financial assistance under this Section, |
|
school districts
are required to file claims with the State |
Board of Education, subject to the
following requirements:
|
(a) Any school district which fails for any given |
school year to maintain
school as required by law, or to |
maintain a recognized school is not
eligible to file for |
such school year any claim upon the Common School
Fund. In |
case of nonrecognition of one or more attendance centers in |
a
school district otherwise operating recognized schools, |
the claim of the
district shall be reduced in the |
proportion which the Average Daily
Attendance in the |
attendance center or centers bear to the Average Daily
|
Attendance in the school district. A "recognized school" |
means any
public school which meets the standards as |
established for recognition
by the State Board of |
Education. A school district or attendance center
not |
having recognition status at the end of a school term is |
entitled to
receive State aid payments due upon a legal |
claim which was filed while
it was recognized.
|
(b) School district claims filed under this Section are |
subject to
Sections 18-9, 18-10, and 18-12, except as |
otherwise provided in this
Section.
|
(c) If a school district operates a full year school |
under Section
10-19.1, the general State aid to the school |
district shall be determined
by the State Board of |
Education in accordance with this Section as near as
may be |
applicable.
|
(d) (Blank).
|
(4) Except as provided in subsections (H) and (L), the |
board of any district
receiving any of the grants provided for |
in this Section may apply those funds
to any fund so received |
for which that board is authorized to make expenditures
by law.
|
School districts are not required to exert a minimum |
Operating Tax Rate in
order to qualify for assistance under |
this Section.
|
(5) As used in this Section the following terms, when |
capitalized, shall
have the meaning ascribed herein:
|
|
(a) "Average Daily Attendance": A count of pupil |
attendance in school,
averaged as provided for in |
subsection (C) and utilized in deriving per pupil
financial |
support levels.
|
(b) "Available Local Resources": A computation of |
local financial
support, calculated on the basis of Average |
Daily Attendance and derived as
provided pursuant to |
subsection (D).
|
(c) "Corporate Personal Property Replacement Taxes": |
Funds paid to local
school districts pursuant to "An Act in |
relation to the abolition of ad valorem
personal property |
tax and the replacement of revenues lost thereby, and
|
amending and repealing certain Acts and parts of Acts in |
connection therewith",
certified August 14, 1979, as |
amended (Public Act 81-1st S.S.-1).
|
(d) "Foundation Level": A prescribed level of per pupil |
financial support
as provided for in subsection (B).
|
(e) "Operating Tax Rate": All school district property |
taxes extended for
all purposes, except Bond and
Interest, |
Summer School, Rent, Capital Improvement, and Vocational |
Education
Building purposes.
|
(B) Foundation Level.
|
(1) The Foundation Level is a figure established by the |
State representing
the minimum level of per pupil financial |
support that should be available to
provide for the basic |
education of each pupil in
Average Daily Attendance. As set |
forth in this Section, each school district
is assumed to exert
|
a sufficient local taxing effort such that, in combination with |
the aggregate
of general State
financial aid provided the |
district, an aggregate of State and local resources
are |
available to meet
the basic education needs of pupils in the |
district.
|
(2) For the 1998-1999 school year, the Foundation Level of |
support is
$4,225. For the 1999-2000 school year, the |
Foundation Level of support is
$4,325. For the 2000-2001 school |
|
year, the Foundation Level of support is
$4,425. For the |
2001-2002 school year and 2002-2003 school year, the
Foundation |
Level of support is $4,560. For the 2003-2004 school year, the |
Foundation Level of support is $4,810. For the 2004-2005 school |
year, the Foundation Level of support is $4,964.
|
(3) For the 2005-2006 school year and each school year |
thereafter,
the Foundation Level of support is $5,164 or such |
greater amount as
may be established by law by the General |
Assembly.
|
(C) Average Daily Attendance.
|
(1) For purposes of calculating general State aid pursuant |
to subsection
(E), an Average Daily Attendance figure shall be |
utilized. The Average Daily
Attendance figure for formula
|
calculation purposes shall be the monthly average of the actual |
number of
pupils in attendance of
each school district, as |
further averaged for the best 3 months of pupil
attendance for |
each
school district. In compiling the figures for the number |
of pupils in
attendance, school districts
and the State Board |
of Education shall, for purposes of general State aid
funding, |
conform
attendance figures to the requirements of subsection |
(F).
|
(2) The Average Daily Attendance figures utilized in |
subsection (E) shall be
the requisite attendance data for the |
school year immediately preceding
the
school year for which |
general State aid is being calculated
or the average of the |
attendance data for the 3 preceding school
years, whichever is |
greater. The Average Daily Attendance figures
utilized in |
subsection (H) shall be the requisite attendance data for the
|
school year immediately preceding the school year for which |
general
State aid is being calculated.
|
(D) Available Local Resources.
|
(1) For purposes of calculating general State aid pursuant |
to subsection
(E), a representation of Available Local |
Resources per pupil, as that term is
defined and determined in |
|
this subsection, shall be utilized. Available Local
Resources |
per pupil shall include a calculated
dollar amount representing |
local school district revenues from local property
taxes and |
from
Corporate Personal Property Replacement Taxes, expressed |
on the basis of pupils
in Average
Daily Attendance. Calculation |
of Available Local Resources shall exclude any tax amnesty |
funds received as a result of Public Act 93-26.
|
(2) In determining a school district's revenue from local |
property taxes,
the State Board of Education shall utilize the |
equalized assessed valuation of
all taxable property of each |
school
district as of September 30 of the previous year. The |
equalized assessed
valuation utilized shall
be obtained and |
determined as provided in subsection (G).
|
(3) For school districts maintaining grades kindergarten |
through 12, local
property tax
revenues per pupil shall be |
calculated as the product of the applicable
equalized assessed
|
valuation for the district multiplied by 3.00%, and divided by |
the district's
Average Daily
Attendance figure. For school |
districts maintaining grades kindergarten
through 8, local
|
property tax revenues per pupil shall be calculated as the |
product of the
applicable equalized
assessed valuation for the |
district multiplied by 2.30%, and divided by the
district's |
Average
Daily Attendance figure. For school districts |
maintaining grades 9 through 12,
local property
tax revenues |
per pupil shall be the applicable equalized assessed valuation |
of
the district
multiplied by 1.05%, and divided by the |
district's Average Daily
Attendance
figure.
|
For partial elementary unit districts created pursuant to |
Article 11E of this Code, local property tax revenues per pupil |
shall be calculated as the product of the equalized assessed |
valuation for property within the elementary and high school |
classification of the partial elementary unit district |
multiplied by 2.06% and divided by the Average Daily Attendance |
figure for grades kindergarten through 8, plus the product of |
the equalized assessed valuation for property within the high |
school only classification of the partial elementary unit |
|
district multiplied by 0.94% and divided by the Average Daily |
Attendance figure for grades 9 through 12.
|
(4) The Corporate Personal Property Replacement Taxes paid |
to each school
district during the calendar year 2 years before |
the calendar year in which a
school year begins, divided by the |
Average Daily Attendance figure for that
district, shall be |
added to the local property tax revenues per pupil as
derived |
by the application of the immediately preceding paragraph (3). |
The sum
of these per pupil figures for each school district |
shall constitute Available
Local Resources as that term is |
utilized in subsection (E) in the calculation
of general State |
aid.
|
(E) Computation of General State Aid.
|
(1) For each school year, the amount of general State aid |
allotted to a
school district shall be computed by the State |
Board of Education as provided
in this subsection.
|
(2) For any school district for which Available Local |
Resources per pupil
is less than the product of 0.93 times the |
Foundation Level, general State aid
for that district shall be |
calculated as an amount equal to the Foundation
Level minus |
Available Local Resources, multiplied by the Average Daily
|
Attendance of the school district.
|
(3) For any school district for which Available Local |
Resources per pupil
is equal to or greater than the product of |
0.93 times the Foundation Level and
less than the product of |
1.75 times the Foundation Level, the general State aid
per |
pupil shall be a decimal proportion of the Foundation Level |
derived using a
linear algorithm. Under this linear algorithm, |
the calculated general State
aid per pupil shall decline in |
direct linear fashion from 0.07 times the
Foundation Level for |
a school district with Available Local Resources equal to
the |
product of 0.93 times the Foundation Level, to 0.05 times the |
Foundation
Level for a school district with Available Local |
Resources equal to the product
of 1.75 times the Foundation |
Level. The allocation of general
State aid for school districts |
|
subject to this paragraph 3 shall be the
calculated general |
State aid
per pupil figure multiplied by the Average Daily |
Attendance of the school
district.
|
(4) For any school district for which Available Local |
Resources per pupil
equals or exceeds the product of 1.75 times |
the Foundation Level, the general
State aid for the school |
district shall be calculated as the product of $218
multiplied |
by the Average Daily Attendance of the school
district.
|
(5) The amount of general State aid allocated to a school |
district for
the 1999-2000 school year meeting the requirements |
set forth in paragraph (4)
of subsection
(G) shall be increased |
by an amount equal to the general State aid that
would have |
been received by the district for the 1998-1999 school year by
|
utilizing the Extension Limitation Equalized Assessed |
Valuation as calculated
in paragraph (4) of subsection (G) less |
the general State aid allotted for the
1998-1999
school year. |
This amount shall be deemed a one time increase, and shall not
|
affect any future general State aid allocations.
|
(F) Compilation of Average Daily Attendance.
|
(1) Each school district shall, by July 1 of each year, |
submit to the State
Board of Education, on forms prescribed by |
the State Board of Education,
attendance figures for the school |
year that began in the preceding calendar
year. The attendance |
information so transmitted shall identify the average
daily |
attendance figures for each month of the school year. Beginning |
with
the general State aid claim form for the 2002-2003 school
|
year, districts shall calculate Average Daily Attendance as |
provided in
subdivisions (a), (b), and (c) of this paragraph |
(1).
|
(a) In districts that do not hold year-round classes,
|
days of attendance in August shall be added to the month of |
September and any
days of attendance in June shall be added |
to the month of May.
|
(b) In districts in which all buildings hold year-round |
classes,
days of attendance in July and August shall be |
|
added to the month
of September and any days of attendance |
in June shall be added to
the month of May.
|
(c) In districts in which some buildings, but not all, |
hold
year-round classes, for the non-year-round buildings, |
days of
attendance in August shall be added to the month of |
September
and any days of attendance in June shall be added |
to the month of
May. The average daily attendance for the |
year-round buildings
shall be computed as provided in |
subdivision (b) of this paragraph
(1). To calculate the |
Average Daily Attendance for the district, the
average |
daily attendance for the year-round buildings shall be
|
multiplied by the days in session for the non-year-round |
buildings
for each month and added to the monthly |
attendance of the
non-year-round buildings.
|
Except as otherwise provided in this Section, days of
|
attendance by pupils shall be counted only for sessions of not |
less than
5 clock hours of school work per day under direct |
supervision of: (i)
teachers, or (ii) non-teaching personnel or |
volunteer personnel when engaging
in non-teaching duties and |
supervising in those instances specified in
subsection (a) of |
Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils |
of legal school age and in kindergarten and grades 1 through |
12.
|
Days of attendance by tuition pupils shall be accredited |
only to the
districts that pay the tuition to a recognized |
school.
|
(2) Days of attendance by pupils of less than 5 clock hours |
of school
shall be subject to the following provisions in the |
compilation of Average
Daily Attendance.
|
(a) Pupils regularly enrolled in a public school for |
only a part of
the school day may be counted on the basis |
of 1/6 day for every class hour
of instruction of 40 |
minutes or more attended pursuant to such enrollment,
|
unless a pupil is
enrolled in a block-schedule format of 80 |
minutes or more of instruction,
in which case the pupil may |
be counted on the basis of the proportion of
minutes of |
|
school work completed each day to the minimum number of
|
minutes that school work is required to be held that day.
|
(b) Days of attendance may be less than 5 clock hours |
on the opening
and closing of the school term, and upon the |
first day of pupil
attendance, if preceded by a day or days |
utilized as an institute or
teachers' workshop.
|
(c) A session of 4 or more clock hours may be counted |
as a day of
attendance upon certification by the regional |
superintendent, and
approved by the State Superintendent |
of Education to the extent that the
district has been |
forced to use daily multiple sessions.
|
(d) A session of 3 or more clock hours may be counted |
as a day of
attendance (1) when the remainder of the school |
day or at least
2 hours in the evening of that day is |
utilized for an
in-service training program for teachers, |
up to a maximum of 5 days per
school year of which a |
maximum of 4 days of such 5 days may be used for
|
parent-teacher conferences, provided a district conducts |
an in-service
training program for teachers which has been |
approved by the State
Superintendent of Education; or, in |
lieu of 4 such days, 2 full days may
be used, in which |
event each such day
may be counted as a day of attendance; |
and (2) when days in
addition to
those provided in item (1) |
are scheduled by a school pursuant to its school
|
improvement plan adopted under Article 34 or its revised or |
amended school
improvement plan adopted under Article 2, |
provided that (i) such sessions of
3 or more clock hours |
are scheduled to occur at regular intervals, (ii) the
|
remainder of the school days in which such sessions occur |
are utilized
for in-service training programs or other |
staff development activities for
teachers, and (iii) a |
sufficient number of minutes of school work under the
|
direct supervision of teachers are added to the school days |
between such
regularly scheduled sessions to accumulate |
not less than the number of minutes
by which such sessions |
of 3 or more clock hours fall short of 5 clock hours.
Any |
|
full days used for the purposes of this paragraph shall not |
be considered
for
computing average daily attendance. Days |
scheduled for in-service training
programs, staff |
development activities, or parent-teacher conferences may |
be
scheduled separately for different
grade levels and |
different attendance centers of the district.
|
(e) A session of not less than one clock hour of |
teaching
hospitalized or homebound pupils on-site or by |
telephone to the classroom may
be counted as 1/2 day of |
attendance, however these pupils must receive 4 or
more |
clock hours of instruction to be counted for a full day of |
attendance.
|
(f) A session of at least 4 clock hours may be counted |
as a day of
attendance for first grade pupils, and pupils |
in full day kindergartens,
and a session of 2 or more hours |
may be counted as 1/2 day of attendance by
pupils in |
kindergartens which provide only 1/2 day of attendance.
|
(g) For children with disabilities who are below the |
age of 6 years and
who
cannot attend 2 or more clock hours |
because of their disability or
immaturity, a session of not |
less than one clock hour may be counted as 1/2 day
of |
attendance; however for such children whose educational |
needs so require
a session of 4 or more clock hours may be |
counted as a full day of attendance.
|
(h) A recognized kindergarten which provides for only |
1/2 day of
attendance by each pupil shall not have more |
than 1/2 day of attendance
counted in any one day. However, |
kindergartens may count 2 1/2 days
of
attendance in any 5 |
consecutive school days. When a pupil attends such a
|
kindergarten for 2 half days on any one school day, the |
pupil shall have
the following day as a day absent from |
school, unless the school district
obtains permission in |
writing from the State Superintendent of Education.
|
Attendance at kindergartens which provide for a full day of |
attendance by
each pupil shall be counted the same as |
attendance by first grade pupils.
Only the first year of |
|
attendance in one kindergarten shall be counted,
except in |
case of children who entered the kindergarten in their |
fifth year
whose educational development requires a second |
year of kindergarten as
determined under the rules and |
regulations of the State Board of Education.
|
(i) On the days when the Prairie State Achievement |
Examination is
administered under subsection (c) of |
Section 2-3.64 of this Code, the day
of attendance for a |
pupil whose school
day must be shortened to accommodate |
required testing procedures may
be less than 5 clock hours |
and shall be counted towards the 176 days of actual pupil |
attendance required under Section 10-19 of this Code, |
provided that a sufficient number of minutes
of school work |
in excess of 5 clock hours are first completed on other |
school
days to compensate for the loss of school work on |
the examination days.
|
(G) Equalized Assessed Valuation Data.
|
(1) For purposes of the calculation of Available Local |
Resources required
pursuant to subsection (D), the
State Board |
of Education shall secure from the Department of
Revenue the |
value as equalized or assessed by the Department of Revenue of
|
all taxable property of every school district, together with |
(i) the applicable
tax rate used in extending taxes for the |
funds of the district as of
September 30 of the previous year
|
and (ii) the limiting rate for all school
districts subject to |
property tax extension limitations as imposed under the
|
Property Tax Extension Limitation Law.
|
The Department of Revenue shall add to the equalized |
assessed value of all
taxable
property of each school district |
situated entirely or partially within a county
that is or was |
subject to the alternative general homestead exemption |
provisions of Section 15-176 of the Property Tax Code (a)
an |
amount equal to the total amount by which the
homestead |
exemption allowed under Section 15-176 of the Property Tax Code |
for
real
property situated in that school district exceeds the |
|
total amount that would
have been
allowed in that school |
district if the maximum reduction under Section 15-176
was
(i) |
$4,500 in Cook County or $3,500 in all other counties in tax |
year 2003 or (ii) $5,000 in all counties in tax year 2004 and |
thereafter and (b) an amount equal to the aggregate amount for |
the taxable year of all additional exemptions under Section |
15-175 of the Property Tax Code for owners with a household |
income of $30,000 or less. The county clerk of any county that |
is or was subject to the alternative general homestead |
exemption provisions of Section 15-176 of the Property Tax Code |
shall
annually calculate and certify to the Department of |
Revenue for each school
district all
homestead exemption |
amounts under Section 15-176 of the Property Tax Code and all |
amounts of additional exemptions under Section 15-175 of the |
Property Tax Code for owners with a household income of $30,000 |
or less. It is the intent of this paragraph that if the general |
homestead exemption for a parcel of property is determined |
under Section 15-176 of the Property Tax Code rather than |
Section 15-175, then the calculation of Available Local |
Resources shall not be affected by the difference, if any, |
between the amount of the general homestead exemption allowed |
for that parcel of property under Section 15-176 of the |
Property Tax Code and the amount that would have been allowed |
had the general homestead exemption for that parcel of property |
been determined under Section 15-175 of the Property Tax Code. |
It is further the intent of this paragraph that if additional |
exemptions are allowed under Section 15-175 of the Property Tax |
Code for owners with a household income of less than $30,000, |
then the calculation of Available Local Resources shall not be |
affected by the difference, if any, because of those additional |
exemptions.
|
This equalized assessed valuation, as adjusted further by |
the requirements of
this subsection, shall be utilized in the |
calculation of Available Local
Resources.
|
(2) The equalized assessed valuation in paragraph (1) shall |
be adjusted, as
applicable, in the following manner:
|
|
(a) For the purposes of calculating State aid under |
this Section,
with respect to any part of a school district |
within a redevelopment
project area in respect to which a |
municipality has adopted tax
increment allocation |
financing pursuant to the Tax Increment Allocation
|
Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 |
of the Illinois
Municipal Code or the Industrial Jobs |
Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the |
Illinois Municipal Code, no part of the current equalized
|
assessed valuation of real property located in any such |
project area which is
attributable to an increase above the |
total initial equalized assessed
valuation of such |
property shall be used as part of the equalized assessed
|
valuation of the district, until such time as all
|
redevelopment project costs have been paid, as provided in |
Section 11-74.4-8
of the Tax Increment Allocation |
Redevelopment Act or in Section 11-74.6-35 of
the |
Industrial Jobs Recovery Law. For the purpose of
the |
equalized assessed valuation of the
district, the total |
initial equalized assessed valuation or the current
|
equalized assessed valuation, whichever is lower, shall be |
used until
such time as all redevelopment project costs |
have been paid.
|
(b) The real property equalized assessed valuation for |
a school district
shall be adjusted by subtracting from the |
real property
value as equalized or assessed by the |
Department of Revenue for the
district an amount computed |
by dividing the amount of any abatement of
taxes under |
Section 18-170 of the Property Tax Code by 3.00% for a |
district
maintaining grades kindergarten through 12, by |
2.30% for a district
maintaining grades kindergarten |
through 8, or by 1.05% for a
district
maintaining grades 9 |
through 12 and adjusted by an amount computed by dividing
|
the amount of any abatement of taxes under subsection (a) |
of Section 18-165 of
the Property Tax Code by the same |
percentage rates for district type as
specified in this |
|
subparagraph (b).
|
(3) For the 1999-2000 school year and each school year |
thereafter, if a
school district meets all of the criteria of |
this subsection (G)(3), the school
district's Available Local |
Resources shall be calculated under subsection (D)
using the |
district's Extension Limitation Equalized Assessed Valuation |
as
calculated under this
subsection (G)(3).
|
For purposes of this subsection (G)(3) the following terms |
shall have
the following meanings:
|
"Budget Year": The school year for which general State |
aid is calculated
and
awarded under subsection (E).
|
"Base Tax Year": The property tax levy year used to |
calculate the Budget
Year
allocation of general State aid.
|
"Preceding Tax Year": The property tax levy year |
immediately preceding the
Base Tax Year.
|
"Base Tax Year's Tax Extension": The product of the |
equalized assessed
valuation utilized by the County Clerk |
in the Base Tax Year multiplied by the
limiting rate as |
calculated by the County Clerk and defined in the Property |
Tax
Extension Limitation Law.
|
"Preceding Tax Year's Tax Extension": The product of |
the equalized assessed
valuation utilized by the County |
Clerk in the Preceding Tax Year multiplied by
the Operating |
Tax Rate as defined in subsection (A).
|
"Extension Limitation Ratio": A numerical ratio, |
certified by the
County Clerk, in which the numerator is |
the Base Tax Year's Tax
Extension and the denominator is |
the Preceding Tax Year's Tax Extension.
|
"Operating Tax Rate": The operating tax rate as defined |
in subsection (A).
|
If a school district is subject to property tax extension |
limitations as
imposed under
the Property Tax Extension |
Limitation Law, the State Board of Education shall
calculate |
the Extension
Limitation
Equalized Assessed Valuation of that |
district. For the 1999-2000 school
year, the
Extension |
Limitation Equalized Assessed Valuation of a school district as
|
|
calculated by the State Board of Education shall be equal to |
the product of the
district's 1996 Equalized Assessed Valuation |
and the district's Extension
Limitation Ratio. For the |
2000-2001 school year and each school year
thereafter,
the |
Extension Limitation Equalized Assessed Valuation of a school |
district as
calculated by the State Board of Education shall be |
equal to the product of
the Equalized Assessed Valuation last |
used in the calculation of general State
aid and the
district's |
Extension Limitation Ratio. If the Extension Limitation
|
Equalized
Assessed Valuation of a school district as calculated |
under
this subsection (G)(3) is less than the district's |
equalized assessed valuation
as calculated pursuant to |
subsections (G)(1) and (G)(2), then for purposes of
calculating |
the district's general State aid for the Budget Year pursuant |
to
subsection (E), that Extension
Limitation Equalized |
Assessed Valuation shall be utilized to calculate the
|
district's Available Local Resources
under subsection (D).
|
Partial elementary unit districts created in accordance |
with Article 11E of this Code shall not be eligible for the |
adjustment in this subsection (G)(3) until the fifth year |
following the effective date of the reorganization.
|
(4) For the purposes of calculating general State aid for |
the 1999-2000
school year only, if a school district |
experienced a triennial reassessment on
the equalized assessed |
valuation used in calculating its general State
financial aid |
apportionment for the 1998-1999 school year, the State Board of
|
Education shall calculate the Extension Limitation Equalized |
Assessed Valuation
that would have been used to calculate the |
district's 1998-1999 general State
aid. This amount shall equal |
the product of the equalized assessed valuation
used to
|
calculate general State aid for the 1997-1998 school year and |
the district's
Extension Limitation Ratio. If the Extension |
Limitation Equalized Assessed
Valuation of the school district |
as calculated under this paragraph (4) is
less than the |
district's equalized assessed valuation utilized in |
calculating
the
district's 1998-1999 general State aid |
|
allocation, then for purposes of
calculating the district's |
general State aid pursuant to paragraph (5) of
subsection (E),
|
that Extension Limitation Equalized Assessed Valuation shall |
be utilized to
calculate the district's Available Local |
Resources.
|
(5) For school districts having a majority of their |
equalized assessed
valuation in any county except Cook, DuPage, |
Kane, Lake, McHenry, or Will, if
the amount of general State |
aid allocated to the school district for the
1999-2000 school |
year under the provisions of subsection (E), (H), and (J) of
|
this Section is less than the amount of general State aid |
allocated to the
district for the 1998-1999 school year under |
these subsections, then the
general
State aid of the district |
for the 1999-2000 school year only shall be increased
by the |
difference between these amounts. The total payments made under |
this
paragraph (5) shall not exceed $14,000,000. Claims shall |
be prorated if they
exceed $14,000,000.
|
(H) Supplemental General State Aid.
|
(1) In addition to the general State aid a school district |
is allotted
pursuant to subsection (E), qualifying school |
districts shall receive a grant,
paid in conjunction with a |
district's payments of general State aid, for
supplemental |
general State aid based upon the concentration level of |
children
from low-income households within the school |
district.
Supplemental State aid grants provided for school |
districts under this
subsection shall be appropriated for |
distribution to school districts as part
of the same line item |
in which the general State financial aid of school
districts is |
appropriated under this Section.
If the appropriation in any |
fiscal year for general State aid and
supplemental general |
State aid is insufficient to pay the amounts required
under the |
general State aid and supplemental general State aid |
calculations,
then the
State Board of Education shall ensure |
that
each school district receives the full amount due for |
general State aid
and the remainder of the appropriation shall |
|
be used
for supplemental general State aid, which the State |
Board of Education shall
calculate and pay to eligible |
districts on a prorated basis.
|
(1.5) This paragraph (1.5) applies only to those school |
years
preceding the 2003-2004 school year.
For purposes of this
|
subsection (H), the term "Low-Income Concentration Level" |
shall be the
low-income
eligible pupil count from the most |
recently available federal census divided by
the Average Daily |
Attendance of the school district.
If, however, (i) the |
percentage decrease from the 2 most recent federal
censuses
in |
the low-income eligible pupil count of a high school district |
with fewer
than 400 students exceeds by 75% or more the |
percentage change in the total
low-income eligible pupil count |
of contiguous elementary school districts,
whose boundaries |
are coterminous with the high school district,
or (ii) a high |
school district within 2 counties and serving 5 elementary
|
school
districts, whose boundaries are coterminous with the |
high school
district, has a percentage decrease from the 2 most |
recent federal
censuses in the low-income eligible pupil count |
and there is a percentage
increase in the total low-income |
eligible pupil count of a majority of the
elementary school |
districts in excess of 50% from the 2 most recent
federal |
censuses, then
the
high school district's low-income eligible |
pupil count from the earlier federal
census
shall be the number |
used as the low-income eligible pupil count for the high
school |
district, for purposes of this subsection (H).
The changes made |
to this paragraph (1) by Public Act 92-28 shall apply to
|
supplemental general State aid
grants for school years |
preceding the 2003-2004 school year that are paid
in fiscal |
year 1999 or thereafter
and to
any State aid payments made in |
fiscal year 1994 through fiscal year
1998 pursuant to |
subsection 1(n) of Section 18-8 of this Code (which was
|
repealed on July 1, 1998), and any high school district that is |
affected by
Public Act 92-28 is
entitled to a
recomputation of |
its supplemental general State aid grant or State aid
paid in |
any of those fiscal years. This recomputation shall not be
|
|
affected by any other funding.
|
(1.10) This paragraph (1.10) applies to the 2003-2004 |
school year
and each school year thereafter. For purposes of |
this subsection (H), the
term "Low-Income Concentration Level" |
shall, for each fiscal year, be the
low-income eligible
pupil |
count
as of July 1 of the immediately preceding fiscal year
(as |
determined by the Department of Human Services based
on the |
number of pupils
who are eligible for at least one of the |
following
low income programs: Medicaid, KidCare, TANF, or Food |
Stamps,
excluding pupils who are eligible for services provided |
by the Department
of Children and Family Services,
averaged |
over
the 2 immediately preceding fiscal years for fiscal year |
2004 and over the 3
immediately preceding fiscal years for each |
fiscal year thereafter)
divided by the Average Daily Attendance |
of the school district.
|
(2) Supplemental general State aid pursuant to this |
subsection (H) shall
be
provided as follows for the 1998-1999, |
1999-2000, and 2000-2001 school years
only:
|
(a) For any school district with a Low Income |
Concentration Level of at
least 20% and less than 35%, the |
grant for any school year
shall be $800
multiplied by the |
low income eligible pupil count.
|
(b) For any school district with a Low Income |
Concentration Level of at
least 35% and less than 50%, the |
grant for the 1998-1999 school year shall be
$1,100 |
multiplied by the low income eligible pupil count.
|
(c) For any school district with a Low Income |
Concentration Level of at
least 50% and less than 60%, the |
grant for the 1998-99 school year shall be
$1,500 |
multiplied by the low income eligible pupil count.
|
(d) For any school district with a Low Income |
Concentration Level of 60%
or more, the grant for the |
1998-99 school year shall be $1,900 multiplied by
the low |
income eligible pupil count.
|
(e) For the 1999-2000 school year, the per pupil amount |
specified in
subparagraphs (b), (c), and (d) immediately |
|
above shall be increased to $1,243,
$1,600, and $2,000, |
respectively.
|
(f) For the 2000-2001 school year, the per pupil |
amounts specified in
subparagraphs (b), (c), and (d) |
immediately above shall be
$1,273, $1,640, and $2,050, |
respectively.
|
(2.5) Supplemental general State aid pursuant to this |
subsection (H)
shall be provided as follows for the 2002-2003 |
school year:
|
(a) For any school district with a Low Income |
Concentration Level of less
than 10%, the grant for each |
school year shall be $355 multiplied by the low
income |
eligible pupil count.
|
(b) For any school district with a Low Income |
Concentration
Level of at least 10% and less than 20%, the |
grant for each school year shall
be $675
multiplied by the |
low income eligible pupil
count.
|
(c) For any school district with a Low Income |
Concentration
Level of at least 20% and less than 35%, the |
grant for each school year shall
be $1,330
multiplied by |
the low income eligible pupil
count.
|
(d) For any school district with a Low Income |
Concentration
Level of at least 35% and less than 50%, the |
grant for each school year shall
be $1,362
multiplied by |
the low income eligible pupil
count.
|
(e) For any school district with a Low Income |
Concentration
Level of at least 50% and less than 60%, the |
grant for each school year shall
be $1,680
multiplied by |
the low income eligible pupil
count.
|
(f) For any school district with a Low Income |
Concentration
Level of 60% or more, the grant for each |
school year shall be $2,080
multiplied by the low income |
eligible pupil count.
|
(2.10) Except as otherwise provided, supplemental general |
State aid
pursuant to this subsection
(H) shall be provided as |
follows for the 2003-2004 school year and each
school year |
|
thereafter:
|
(a) For any school district with a Low Income |
Concentration
Level of 15% or less, the grant for each |
school year
shall be $355 multiplied by the low income |
eligible pupil count.
|
(b) For any school district with a Low Income |
Concentration
Level greater than 15%, the grant for each |
school year shall be
$294.25 added to the product of $2,700 |
and the square of the Low
Income Concentration Level, all |
multiplied by the low income
eligible pupil count.
|
For the 2003-2004 school year, 2004-2005 school year,
and |
2005-2006 school year only, the grant shall be no less than the
|
grant
for
the 2002-2003 school year. For the 2006-2007 school |
year only, the grant shall
be no
less than the grant for the |
2002-2003 school year multiplied by 0.66. For the
2007-2008
|
school year only, the grant shall be no less than the grant for |
the 2002-2003
school year
multiplied by 0.33. Notwithstanding |
the provisions of this paragraph to the contrary, if for any |
school year supplemental general State aid grants are prorated |
as provided in paragraph (1) of this subsection (H), then the |
grants under this paragraph shall be prorated.
|
For the 2003-2004 school year only, the grant shall be no |
greater
than the grant received during the 2002-2003 school |
year added to the
product of 0.25 multiplied by the difference |
between the grant amount
calculated under subsection (a) or (b) |
of this paragraph (2.10), whichever
is applicable, and the |
grant received during the 2002-2003 school year.
For the |
2004-2005 school year only, the grant shall be no greater than
|
the grant received during the 2002-2003 school year added to |
the
product of 0.50 multiplied by the difference between the |
grant amount
calculated under subsection (a) or (b) of this |
paragraph (2.10), whichever
is applicable, and the grant |
received during the 2002-2003 school year.
For the 2005-2006 |
school year only, the grant shall be no greater than
the grant |
received during the 2002-2003 school year added to the
product |
of 0.75 multiplied by the difference between the grant amount
|
|
calculated under subsection (a) or (b) of this paragraph |
(2.10), whichever
is applicable, and the grant received during |
the 2002-2003
school year.
|
(3) School districts with an Average Daily Attendance of |
more than 1,000
and less than 50,000 that qualify for |
supplemental general State aid pursuant
to this subsection |
shall submit a plan to the State Board of Education prior to
|
October 30 of each year for the use of the funds resulting from |
this grant of
supplemental general State aid for the |
improvement of
instruction in which priority is given to |
meeting the education needs of
disadvantaged children. Such |
plan shall be submitted in accordance with
rules and |
regulations promulgated by the State Board of Education.
|
(4) School districts with an Average Daily Attendance of |
50,000 or more
that qualify for supplemental general State aid |
pursuant to this subsection
shall be required to distribute |
from funds available pursuant to this Section,
no less than |
$261,000,000 in accordance with the following requirements:
|
(a) The required amounts shall be distributed to the |
attendance centers
within the district in proportion to the |
number of pupils enrolled at each
attendance center who are |
eligible to receive free or reduced-price lunches or
|
breakfasts under the federal Child Nutrition Act of 1966 |
and under the National
School Lunch Act during the |
immediately preceding school year.
|
(b) The distribution of these portions of supplemental |
and general State
aid among attendance centers according to |
these requirements shall not be
compensated for or |
contravened by adjustments of the total of other funds
|
appropriated to any attendance centers, and the Board of |
Education shall
utilize funding from one or several sources |
in order to fully implement this
provision annually prior |
to the opening of school.
|
(c) Each attendance center shall be provided by the
|
school district a distribution of noncategorical funds and |
other
categorical funds to which an attendance center is |
|
entitled under law in
order that the general State aid and |
supplemental general State aid provided
by application of |
this subsection supplements rather than supplants the
|
noncategorical funds and other categorical funds provided |
by the school
district to the attendance centers.
|
(d) Any funds made available under this subsection that |
by reason of the
provisions of this subsection are not
|
required to be allocated and provided to attendance centers |
may be used and
appropriated by the board of the district |
for any lawful school purpose.
|
(e) Funds received by an attendance center
pursuant to |
this
subsection shall be used
by the attendance center at |
the discretion
of the principal and local school council |
for programs to improve educational
opportunities at |
qualifying schools through the following programs and
|
services: early childhood education, reduced class size or |
improved adult to
student classroom ratio, enrichment |
programs, remedial assistance, attendance
improvement, and |
other educationally beneficial expenditures which
|
supplement
the regular and basic programs as determined by |
the State Board of Education.
Funds provided shall not be |
expended for any political or lobbying purposes
as defined |
by board rule.
|
(f) Each district subject to the provisions of this |
subdivision (H)(4)
shall submit an
acceptable plan to meet |
the educational needs of disadvantaged children, in
|
compliance with the requirements of this paragraph, to the |
State Board of
Education prior to July 15 of each year. |
This plan shall be consistent with the
decisions of local |
school councils concerning the school expenditure plans
|
developed in accordance with part 4 of Section 34-2.3. The |
State Board shall
approve or reject the plan within 60 days |
after its submission. If the plan is
rejected, the district |
shall give written notice of intent to modify the plan
|
within 15 days of the notification of rejection and then |
submit a modified plan
within 30 days after the date of the |
|
written notice of intent to modify.
Districts may amend |
approved plans pursuant to rules promulgated by the State
|
Board of Education.
|
Upon notification by the State Board of Education that |
the district has
not submitted a plan prior to July 15 or a |
modified plan within the time
period specified herein, the
|
State aid funds affected by that plan or modified plan |
shall be withheld by the
State Board of Education until a |
plan or modified plan is submitted.
|
If the district fails to distribute State aid to |
attendance centers in
accordance with an approved plan, the |
plan for the following year shall
allocate funds, in |
addition to the funds otherwise required by this
|
subsection, to those attendance centers which were |
underfunded during the
previous year in amounts equal to |
such underfunding.
|
For purposes of determining compliance with this |
subsection in relation
to the requirements of attendance |
center funding, each district subject to the
provisions of |
this
subsection shall submit as a separate document by |
December 1 of each year a
report of expenditure data for |
the prior year in addition to any
modification of its |
current plan. If it is determined that there has been
a |
failure to comply with the expenditure provisions of this |
subsection
regarding contravention or supplanting, the |
State Superintendent of
Education shall, within 60 days of |
receipt of the report, notify the
district and any affected |
local school council. The district shall within
45 days of |
receipt of that notification inform the State |
Superintendent of
Education of the remedial or corrective |
action to be taken, whether by
amendment of the current |
plan, if feasible, or by adjustment in the plan
for the |
following year. Failure to provide the expenditure report |
or the
notification of remedial or corrective action in a |
timely manner shall
result in a withholding of the affected |
funds.
|
|
The State Board of Education shall promulgate rules and |
regulations
to implement the provisions of this |
subsection. No funds shall be released
under this |
subdivision (H)(4) to any district that has not submitted a |
plan
that has been approved by the State Board of |
Education.
|
(I) (Blank).
General State Aid for Newly Configured School |
Districts.
|
(1) For a new school district formed by combining property |
included
totally within 2 or more previously existing school |
districts, for its
first year of existence the general State |
aid and supplemental general State
aid calculated under this |
Section
shall be computed for the new district and for the |
previously existing
districts for which property is totally |
included
within the new district. If the computation on the |
basis of the previously
existing districts is greater, a |
supplementary payment equal to the difference
shall be made for |
the first 4 years of existence of the new district.
|
(2) For a school district which annexes all of the |
territory of one or more
entire other school districts, for the |
first year during which the change
of boundaries attributable |
to such annexation becomes effective for all
purposes as |
determined under Section 7-9 or 7A-8, the general State aid and
|
supplemental general State aid calculated
under this Section |
shall be computed for the annexing district as constituted
|
after the annexation and for the annexing and each annexed |
district as
constituted prior to the annexation; and if the |
computation on the basis of
the annexing and annexed districts |
as constituted prior to the annexation is
greater, a |
supplementary payment equal to the difference shall be made for
|
the first 4 years of existence of the annexing school district |
as
constituted upon such annexation.
|
(3) For 2 or more school districts which annex all of the |
territory of
one or more entire other school districts, and for |
2 or more community unit
districts which result upon the |
|
division (pursuant to petition under
Section 11A-2) of one or |
more other unit school districts into 2 or more
parts and which |
together include all of the parts into which such other
unit |
school district or districts are so divided, for the first year
|
during which the change of boundaries attributable to such |
annexation or
division becomes effective for all purposes as |
determined under Section 7-9
or 11A-10, as the case may be, the |
general State aid and supplemental general
State aid calculated |
under this Section
shall be computed for each annexing or |
resulting district as constituted
after the annexation or |
division and for each annexing and annexed
district, or for |
each resulting and divided district, as constituted prior
to |
the annexation or division; and if the aggregate of the general |
State aid
and supplemental general State aid as so
computed for |
the annexing or resulting districts as constituted after the
|
annexation or division is less than the aggregate of the |
general State aid and
supplemental general State aid as so |
computed for the annexing and annexed
districts, or for the |
resulting and divided districts, as constituted prior to
the |
annexation or division, then
a supplementary payment equal to |
the difference shall be made and allocated
between or among the |
annexing or resulting districts, as constituted upon
such |
annexation or division, for the first 4 years of their |
existence. The
total difference payment shall be allocated |
between or among the annexing
or resulting districts in the |
same ratio as the pupil enrollment from that
portion of the |
annexed or divided district or districts which is annexed to
or |
included in each such annexing or resulting district bears to |
the total
pupil enrollment from the entire annexed or divided |
district or districts,
as such pupil enrollment is determined |
for the school year last ending
prior to the date when the |
change of boundaries attributable to the
annexation or division |
becomes effective for all purposes. The amount of
the total |
difference payment and the amount thereof to be allocated to |
the
annexing or resulting districts shall be computed by the |
State Board of
Education on the basis of pupil enrollment and |
|
other data which shall be
certified to the State Board of |
Education, on forms which it shall provide
for that purpose, by |
the regional superintendent of schools for each
educational |
service region in which the annexing and annexed districts, or
|
resulting and divided districts are located.
|
(3.5) Claims for financial assistance under this |
subsection (I) shall
not be recomputed except as expressly |
provided under this Section.
|
(4) Any
supplementary payment made under this subsection |
(I)
shall be treated as separate from all other payments made |
pursuant to
this Section.
|
(J) Supplementary Grants in Aid.
|
(1) Notwithstanding any other provisions of this Section, |
the amount of the
aggregate general State aid in combination |
with supplemental general State aid
under this Section for |
which
each school district is eligible shall be no
less than |
the amount of the aggregate general State aid entitlement that |
was
received by the district under Section
18-8 (exclusive of |
amounts received
under subsections 5(p) and 5(p-5) of that |
Section)
for the 1997-98 school year,
pursuant to the |
provisions of that Section as it was then in effect.
If a |
school district qualifies to receive a supplementary payment |
made under
this subsection (J), the amount
of the aggregate |
general State aid in combination with supplemental general
|
State aid under this Section
which that district is eligible to |
receive for each school year shall be no less than the amount |
of the aggregate
general State aid entitlement that was |
received by the district under
Section 18-8 (exclusive of |
amounts received
under subsections 5(p) and 5(p-5) of that |
Section)
for the 1997-1998 school year, pursuant to the |
provisions of that
Section as it was then in effect.
|
(2) If, as provided in paragraph (1) of this subsection |
(J), a school
district is to receive aggregate general State |
aid in
combination with supplemental general State aid under |
this Section for the 1998-99 school year and any subsequent |
|
school
year that in any such school year is less than the |
amount of the aggregate
general
State
aid entitlement that the |
district received for the 1997-98 school year, the
school |
district shall also receive, from a separate appropriation made |
for
purposes of this subsection (J), a supplementary payment |
that is equal to the
amount of the difference in the aggregate |
State aid figures as described in
paragraph (1).
|
(3) (Blank).
|
(K) Grants to Laboratory and Alternative Schools.
|
In calculating the amount to be paid to the governing board |
of a public
university that operates a laboratory school under |
this Section or to any
alternative school that is operated by a |
regional superintendent of schools,
the State
Board of |
Education shall require by rule such reporting requirements as |
it
deems necessary.
|
As used in this Section, "laboratory school" means a public |
school which is
created and operated by a public university and |
approved by the State Board of
Education. The governing board |
of a public university which receives funds
from the State |
Board under this subsection (K) may not increase the number of
|
students enrolled in its laboratory
school from a single |
district, if that district is already sending 50 or more
|
students, except under a mutual agreement between the school |
board of a
student's district of residence and the university |
which operates the
laboratory school. A laboratory school may |
not have more than 1,000 students,
excluding students with |
disabilities in a special education program.
|
As used in this Section, "alternative school" means a |
public school which is
created and operated by a Regional |
Superintendent of Schools and approved by
the State Board of |
Education. Such alternative schools may offer courses of
|
instruction for which credit is given in regular school |
programs, courses to
prepare students for the high school |
equivalency testing program or vocational
and occupational |
training. A regional superintendent of schools may contract
|
|
with a school district or a public community college district |
to operate an
alternative school. An alternative school serving |
more than one educational
service region may be established by |
the regional superintendents of schools
of the affected |
educational service regions. An alternative school
serving |
more than one educational service region may be operated under |
such
terms as the regional superintendents of schools of those |
educational service
regions may agree.
|
Each laboratory and alternative school shall file, on forms |
provided by the
State Superintendent of Education, an annual |
State aid claim which states the
Average Daily Attendance of |
the school's students by month. The best 3 months'
Average |
Daily Attendance shall be computed for each school.
The general |
State aid entitlement shall be computed by multiplying the
|
applicable Average Daily Attendance by the Foundation Level as |
determined under
this Section.
|
(L) Payments, Additional Grants in Aid and Other Requirements.
|
(1) For a school district operating under the financial |
supervision
of an Authority created under Article 34A, the |
general State aid otherwise
payable to that district under this |
Section, but not the supplemental general
State aid, shall be |
reduced by an amount equal to the budget for
the operations of |
the Authority as certified by the Authority to the State
Board |
of Education, and an amount equal to such reduction shall be |
paid
to the Authority created for such district for its |
operating expenses in
the manner provided in Section 18-11. The |
remainder
of general State school aid for any such district |
shall be paid in accordance
with Article 34A when that Article |
provides for a disposition other than that
provided by this |
Article.
|
(2) (Blank).
|
(3) Summer school. Summer school payments shall be made as |
provided in
Section 18-4.3.
|
(M) Education Funding Advisory Board.
|
|
The Education Funding Advisory
Board, hereinafter in this |
subsection (M) referred to as the "Board", is hereby
created. |
The Board
shall consist of 5 members who are appointed by the |
Governor, by and with the
advice and consent of the Senate. The |
members appointed shall include
representatives of education, |
business, and the general public. One of the
members so |
appointed shall be
designated by the Governor at the time the |
appointment is made as the
chairperson of the
Board.
The |
initial members of the Board may
be appointed any time after |
the effective date of this amendatory Act of
1997. The regular |
term of each member of the
Board shall be for 4 years from the |
third Monday of January of the
year in which the term of the |
member's appointment is to commence, except that
of the 5 |
initial members appointed to serve on the
Board, the member who |
is appointed as the chairperson shall serve for
a term that |
commences on the date of his or her appointment and expires on |
the
third Monday of January, 2002, and the remaining 4 members, |
by lots drawn at
the first meeting of the Board that is
held
|
after all 5 members are appointed, shall determine 2 of their |
number to serve
for terms that commence on the date of their
|
respective appointments and expire on the third
Monday of |
January, 2001,
and 2 of their number to serve for terms that |
commence
on the date of their respective appointments and |
expire on the third Monday
of January, 2000. All members |
appointed to serve on the
Board shall serve until their |
respective successors are
appointed and confirmed. Vacancies |
shall be filled in the same manner as
original appointments. If |
a vacancy in membership occurs at a time when the
Senate is not |
in session, the Governor shall make a temporary appointment |
until
the next meeting of the Senate, when he or she shall |
appoint, by and with the
advice and consent of the Senate, a |
person to fill that membership for the
unexpired term. If the |
Senate is not in session when the initial appointments
are |
made, those appointments shall
be made as in the case of |
vacancies.
|
The Education Funding Advisory Board shall be deemed |
|
established,
and the initial
members appointed by the Governor |
to serve as members of the
Board shall take office,
on the date |
that the
Governor makes his or her appointment of the fifth |
initial member of the
Board, whether those initial members are |
then serving
pursuant to appointment and confirmation or |
pursuant to temporary appointments
that are made by the |
Governor as in the case of vacancies.
|
The State Board of Education shall provide such staff |
assistance to the
Education Funding Advisory Board as is |
reasonably required for the proper
performance by the Board of |
its responsibilities.
|
For school years after the 2000-2001 school year, the |
Education
Funding Advisory Board, in consultation with the |
State Board of Education,
shall make recommendations as |
provided in this subsection (M) to the General
Assembly for the |
foundation level under subdivision (B)(3) of this Section and
|
for the
supplemental general State aid grant level under |
subsection (H) of this Section
for districts with high |
concentrations of children from poverty. The
recommended |
foundation level shall be determined based on a methodology |
which
incorporates the basic education expenditures of |
low-spending schools
exhibiting high academic performance. The |
Education Funding Advisory Board
shall make such |
recommendations to the General Assembly on January 1 of odd
|
numbered years, beginning January 1, 2001.
|
(N) (Blank).
|
(O) References.
|
(1) References in other laws to the various subdivisions of
|
Section 18-8 as that Section existed before its repeal and |
replacement by this
Section 18-8.05 shall be deemed to refer to |
the corresponding provisions of
this Section 18-8.05, to the |
extent that those references remain applicable.
|
(2) References in other laws to State Chapter 1 funds shall |
be deemed to
refer to the supplemental general State aid |
|
provided under subsection (H) of
this Section.
|
(P) Public Act 93-838 and Public Act 93-808 make inconsistent |
changes to this Section. Under Section 6 of the Statute on |
Statutes there is an irreconcilable conflict between Public Act |
93-808 and Public Act 93-838. Public Act 93-838, being the last |
acted upon, is controlling. The text of Public Act 93-838 is |
the law regardless of the text of Public Act 93-808. |
(Source: P.A. 93-21, eff. 7-1-03; 93-715, eff. 7-12-04; 93-808, |
eff. 7-26-04; 93-838, eff. 7-30-04; 93-875, eff. 8-6-04; 94-69, |
eff. 7-1-05; 94-438, eff. 8-4-05; revised 8-22-05.)
|
(105 ILCS 5/19-1) (from Ch. 122, par. 19-1)
|
(Text of Section before amendment by P.A. 94-234)
|
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.
|
No partial elementary unit district, as defined in Article |
11E of this Code, shall become indebted in any manner or for |
any purpose in an amount, including existing indebtedness, in |
the aggregate exceeding 6.9% of the value of the taxable |
property of the entire district, to be ascertained by the last |
assessment for State and county taxes, plus an amount, |
including existing indebtedness, in the aggregate exceeding |
6.9% of the value of the taxable property of that portion of |
the district included in the elementary and high school |
classification, to be ascertained by the last assessment for |
State and county taxes. Moreover, no partial elementary unit |
district, as defined in Article 11E of this Code, shall become |
indebted on account of bonds issued by the district for high |
school purposes in the aggregate exceeding 6.9% of the value of |
the taxable property of the entire district, to be ascertained |
by the last assessment for State and county taxes, nor shall |
the district become indebted on account of bonds issued by the |
district for elementary purposes in the aggregate exceeding |
6.9% of the value of the taxable property for that portion of |
the district included in the elementary and high school |
classification, to be ascertained by the last assessment for |
State and county taxes.
|
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 |
(now repealed) 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.
|
Notwithstanding the provisions of subsection (a) of this |
Section or of any other law, a school district that has availed |
itself of the provisions of this subsection (f) prior to July |
22, 2004 (the effective date of Public Act 93-799) may also |
issue bonds approved by referendum up to an amount, including |
existing indebtedness, not exceeding 25% of the equalized |
assessed value of the taxable property in the district if all |
of the conditions set forth in items (1), (2), and (3) of this |
subsection (f) are met.
|
(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.
|
(n) Notwithstanding the debt limitation prescribed in |
subsection (a) of
this Section or any other provisions of this |
Section or of any other law, a
school district that meets all |
of the criteria set forth in paragraphs (i)
through (vi) of |
this subsection (n) may incur additional indebtedness by the
|
issuance of bonds in an amount not exceeding the amount |
certified by the
Capital Development Board to the school |
district as provided in paragraph (iii)
of
this subsection (n), |
even though the amount of the additional indebtedness so
|
|
authorized, 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 (n), causes the aggregate
indebtedness of the |
district to exceed the debt limitation otherwise applicable
by |
law to that district:
|
(i) The school district applies to the State Board of |
Education for a
school construction project grant and |
submits a district facilities plan in
support
of its |
application pursuant to Section 5-20 of
the School |
Construction Law.
|
(ii) The school district's application and facilities |
plan are approved
by,
and the district receives a grant |
entitlement for a school construction project
issued by, |
the State Board of Education under the School Construction |
Law.
|
(iii) The school district has exhausted its bonding |
capacity or the unused
bonding capacity of the district is |
less than the amount certified by the
Capital Development |
Board to the district under Section 5-15 of the School
|
Construction Law as the dollar amount of the school |
construction project's cost
that the district will be |
required to finance with non-grant funds in order to
|
receive a school construction project grant under the |
School Construction Law.
|
(iv) The bonds are issued for a "school construction |
project", as that
term is defined in Section 5-5 of the |
School Construction Law, in an amount
that does not exceed |
the dollar amount certified, as provided in paragraph
(iii) |
of this subsection (n), by the Capital Development Board
to |
the school
district under Section 5-15 of the School |
Construction Law.
|
(v) The voters of the district approve a proposition |
for the issuance of
the bonds at a referendum held after |
the criteria specified in paragraphs (i)
and (iii) of this |
subsection (n) are met.
|
|
(vi) The bonds are issued pursuant to Sections 19-2 |
through 19-7 of the
School Code.
|
(o) Notwithstanding any other provisions of this Section or |
the
provisions of any other law, until November 1, 2007, a |
community unit
school district maintaining grades K through 12 |
may issue bonds up to
an amount, including existing |
indebtedness, not exceeding 20% 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 2001 of at least $737,000,000 |
and an enrollment
for the 2002-2003 school year of at least |
8,500;
|
(ii) the bonds are issued to purchase school sites, |
build and
equip a new high school, build and equip a new |
junior high school,
build and equip 5 new elementary |
schools, and make technology
and other improvements and |
additions to existing schools;
|
(iii) at the time of the sale of the bonds, the board |
of
education determines by resolution that the sites and |
new or
improved facilities are needed because of projected |
enrollment
increases;
|
(iv) at least 57% of those voting in a general election |
held
prior to January 1, 2003 approved 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.
|
(p) Notwithstanding any other provisions of this Section or |
the provisions of any other law, a community unit school |
district maintaining grades K through 12 may issue bonds up to |
an amount, including 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 2001 of at least $295,741,187 |
and a best 3 months' average daily attendance for the |
|
2002-2003 school year of at least 2,394. |
(ii) The bonds are issued to build and equip 3 |
elementary school buildings; build and equip one middle |
school building; and alter, repair, improve, and equip all |
existing school buildings in the district. |
(iii) At the time of the sale of the bonds, the board |
of education determines by resolution that the project is |
needed because of expanding growth in the school district |
and a projected enrollment increase. |
(iv) The bonds are issued pursuant to Sections 19-2 |
through 19-7 of this Code.
|
(p-5) Notwithstanding any other provisions of this Section |
or the provisions of any other law, bonds issued by a community |
unit school district maintaining grades K through 12 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, if all of the |
following conditions are met: |
(i) For each of the 4 most recent years, residential |
property comprises more than 80% of the equalized assessed |
valuation of the district. |
(ii) At least 2 school buildings that were constructed |
40 or more years prior to the issuance of the bonds will be |
demolished and will be replaced by new buildings or |
additions to one or more existing buildings. |
(iii) Voters of the district approve a proposition for |
the issuance of the bonds at a regularly scheduled |
election. |
(iv) At the time of the sale of the bonds, the school |
board determines by resolution that the new buildings or |
building additions are needed because of an increase in |
enrollment projected by the school board. |
(v) The principal amount of the bonds, including |
existing indebtedness, does not exceed 25% of the equalized |
assessed value of the taxable property in the district. |
|
(vi) The bonds are issued prior to January 1, 2007, |
pursuant to Sections 19-2 through 19-7 of this Code.
|
(Source: P.A. 93-13, eff. 6-9-03; 93-799, eff. 7-22-04; |
93-1045, eff. 10-15-04; 94-721, eff. 1-6-06.)
|
(Text of Section after amendment by P.A. 94-234)
|
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.
|
No partial elementary unit district, as defined in Article |
11E of this Code, shall become indebted in any manner or for |
any purpose in an amount, including existing indebtedness, in |
|
the aggregate exceeding 6.9% of the value of the taxable |
property of the entire district, to be ascertained by the last |
assessment for State and county taxes, plus an amount, |
including existing indebtedness, in the aggregate exceeding |
6.9% of the value of the taxable property of that portion of |
the district included in the elementary and high school |
classification, to be ascertained by the last assessment for |
State and county taxes. Moreover, no partial elementary unit |
district, as defined in Article 11E of this Code, shall become |
indebted on account of bonds issued by the district for high |
school purposes in the aggregate exceeding 6.9% of the value of |
the taxable property of the entire district, to be ascertained |
by the last assessment for State and county taxes, nor shall |
the district become indebted on account of bonds issued by the |
district for elementary purposes in the aggregate exceeding |
6.9% of the value of the taxable property for that portion of |
the district included in the elementary and high school |
classification, to be ascertained by the last assessment for |
State and county taxes.
|
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 |
(now repealed) 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) (Blank).
|
(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.
|
Notwithstanding the provisions of subsection (a) of this |
Section or of any other law, a school district that has availed |
itself of the provisions of this subsection (f) prior to July |
22, 2004 (the effective date of Public Act 93-799) may also |
issue bonds approved by referendum up to an amount, including |
existing indebtedness, not exceeding 25% of the equalized |
assessed value of the taxable property in the district if all |
of the conditions set forth in items (1), (2), and (3) of this |
subsection (f) are met.
|
(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.
|
(n) Notwithstanding the debt limitation prescribed in |
subsection (a) of
this Section or any other provisions of this |
Section or of any other law, a
school district that meets all |
of the criteria set forth in paragraphs (i)
through (vi) of |
this subsection (n) may incur additional indebtedness by the
|
issuance of bonds in an amount not exceeding the amount |
certified by the
Capital Development Board to the school |
district as provided in paragraph (iii)
of
this subsection (n), |
even though the amount of the additional indebtedness so
|
authorized, 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 (n), causes the aggregate
indebtedness of the |
district to exceed the debt limitation otherwise applicable
by |
law to that district:
|
(i) The school district applies to the State Board of |
Education for a
school construction project grant and |
submits a district facilities plan in
support
of its |
application pursuant to Section 5-20 of
the School |
Construction Law.
|
(ii) The school district's application and facilities |
plan are approved
by,
and the district receives a grant |
entitlement for a school construction project
issued by, |
the State Board of Education under the School Construction |
Law.
|
(iii) The school district has exhausted its bonding |
capacity or the unused
bonding capacity of the district is |
less than the amount certified by the
Capital Development |
Board to the district under Section 5-15 of the School
|
|
Construction Law as the dollar amount of the school |
construction project's cost
that the district will be |
required to finance with non-grant funds in order to
|
receive a school construction project grant under the |
School Construction Law.
|
(iv) The bonds are issued for a "school construction |
project", as that
term is defined in Section 5-5 of the |
School Construction Law, in an amount
that does not exceed |
the dollar amount certified, as provided in paragraph
(iii) |
of this subsection (n), by the Capital Development Board
to |
the school
district under Section 5-15 of the School |
Construction Law.
|
(v) The voters of the district approve a proposition |
for the issuance of
the bonds at a referendum held after |
the criteria specified in paragraphs (i)
and (iii) of this |
subsection (n) are met.
|
(vi) The bonds are issued pursuant to Sections 19-2 |
through 19-7 of the
School Code.
|
(o) Notwithstanding any other provisions of this Section or |
the
provisions of any other law, until November 1, 2007, a |
community unit
school district maintaining grades K through 12 |
may issue bonds up to
an amount, including existing |
indebtedness, not exceeding 20% 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 2001 of at least $737,000,000 |
and an enrollment
for the 2002-2003 school year of at least |
8,500;
|
(ii) the bonds are issued to purchase school sites, |
build and
equip a new high school, build and equip a new |
junior high school,
build and equip 5 new elementary |
schools, and make technology
and other improvements and |
additions to existing schools;
|
(iii) at the time of the sale of the bonds, the board |
of
education determines by resolution that the sites and |
|
new or
improved facilities are needed because of projected |
enrollment
increases;
|
(iv) at least 57% of those voting in a general election |
held
prior to January 1, 2003 approved 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.
|
(p) Notwithstanding any other provisions of this Section or |
the provisions of any other law, a community unit school |
district maintaining grades K through 12 may issue bonds up to |
an amount, including 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 2001 of at least $295,741,187 |
and a best 3 months' average daily attendance for the |
2002-2003 school year of at least 2,394. |
(ii) The bonds are issued to build and equip 3 |
elementary school buildings; build and equip one middle |
school building; and alter, repair, improve, and equip all |
existing school buildings in the district. |
(iii) At the time of the sale of the bonds, the board |
of education determines by resolution that the project is |
needed because of expanding growth in the school district |
and a projected enrollment increase. |
(iv) The bonds are issued pursuant to Sections 19-2 |
through 19-7 of this Code.
|
(p-5) Notwithstanding any other provisions of this Section |
or the provisions of any other law, bonds issued by a community |
unit school district maintaining grades K through 12 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, if all of the |
following conditions are met: |
(i) For each of the 4 most recent years, residential |
|
property comprises more than 80% of the equalized assessed |
valuation of the district. |
(ii) At least 2 school buildings that were constructed |
40 or more years prior to the issuance of the bonds will be |
demolished and will be replaced by new buildings or |
additions to one or more existing buildings. |
(iii) Voters of the district approve a proposition for |
the issuance of the bonds at a regularly scheduled |
election. |
(iv) At the time of the sale of the bonds, the school |
board determines by resolution that the new buildings or |
building additions are needed because of an increase in |
enrollment projected by the school board. |
(v) The principal amount of the bonds, including |
existing indebtedness, does not exceed 25% of the equalized |
assessed value of the taxable property in the district. |
(vi) The bonds are issued prior to January 1, 2007, |
pursuant to Sections 19-2 through 19-7 of this Code.
|
(q) A school district must notify the State Board of |
Education prior to issuing any form of long-term or short-term |
debt that will result in outstanding debt that exceeds 75% of |
the debt limit specified in this Section or any other provision |
of law.
|
(Source: P.A. 93-13, eff. 6-9-03; 93-799, eff. 7-22-04; |
93-1045, eff. 10-15-04; 94-234, eff. 7-1-06; 94-721, eff. |
1-6-06.)
|
(105 ILCS 5/20-2)
(from Ch. 122, par. 20-2)
|
(Text of Section before amendment by P.A. 94-234)
|
Sec. 20-2. Indebtedness and bonds. For the purpose of |
creating a working
cash fund, the school board of any such |
district may incur an indebtedness and
issue bonds as evidence |
thereof in an amount or amounts not exceeding in the
aggregate |
85% of the taxes permitted to be levied for educational |
purposes for
the then current year to be determined by |
multiplying the maximum educational
tax rate or rates
|
|
applicable to such school district by the last assessed |
valuation or assessed valuations as
determined at the time of |
the issue of said bonds plus 85% of the last known
entitlement |
of such district to taxes as by law now or hereafter enacted or
|
amended, imposed by the General Assembly of the State of |
Illinois to replace
revenue lost by units of local government |
and school districts as a result of
the abolition of ad valorem |
personal property taxes, pursuant to Article IX,
Section 5, |
paragraph (c) of the Constitution of the State of Illinois, |
except
that a district that is certified under Section 19-1.5 |
as a financially
distressed district may incur an indebtedness |
and issue bonds as evidence
thereof in an amount or amounts not |
exceeding in the aggregate 125% of the
taxes permitted to be |
levied for educational purposes for the then current year
to be |
determined by multiplying the maximum educational tax rate |
applicable to
that school district by the last assessed |
valuation as determined at the time
of the issuance of the |
bonds plus 125% of the last known entitlement of that
district |
to taxes that by law now or hereafter enacted or amended are |
imposed
by the General Assembly to replace revenue lost by |
units of local government
and school districts as a result of |
the abolition of ad valorem personal
property taxes, pursuant |
to Article IX, Section 5, paragraph (c) of the
Constitution of |
the State of Illinois. The
bonds shall bear interest at not |
more than the maximum rate authorized by the
Bond Authorization |
Act, as amended at the time of the making of the contract,
if |
issued before January 1, 1972 and not more than the maximum |
rate authorized
by the Bond Authorization Act, as amended at |
the time of the making of the
contract, if issued after January |
1, 1972 and shall mature within 20 years from
the date thereof. |
Subject to the foregoing limitations as to amount, the bonds
|
may be issued in an amount including existing indebtedness |
which will not
exceed the constitutional limitation as to debt, |
notwithstanding any statutory
debt limitation to the contrary. |
When bonds have been issued under this
Article by
a school |
district that is certified as a financially distressed district |
|
under
Section 19-1.5, the amount of those bonds, when and after |
they are issued,
whether issued before or after such |
certification, shall not be considered debt
under any statutory |
debt limitation and shall be
excluded from the computation and |
determination of any statutory or other debt
limitation |
applicable to the financially distressed district. The school
|
board shall before or at the time
of issuing the bonds provide |
for the collection of a direct annual tax upon all
the taxable |
property within the district sufficient to pay the principal
|
thereof at maturity and to pay the interest thereon as it falls |
due, which tax
shall be in addition to the maximum amount of |
all other taxes, either
educational; transportation; |
operations and maintenance; or fire prevention and
safety fund |
taxes, now or hereafter authorized and in addition to any
|
limitations upon the levy of taxes as provided by Sections 17-2 |
through 17-9.
The bonds may be issued redeemable at the option |
of the school board of the
district issuing them on any |
interest payment date on or after 5 years from
date of issue.
|
With respect to instruments for the payment of money issued |
under this
Section either before, on, or after the effective |
date of this amendatory
Act of 1989, it is and always has been |
the intention of the General
Assembly (i) that the Omnibus Bond |
Acts are and always have been
supplementary grants of power to |
issue instruments in accordance with the
Omnibus Bond Acts, |
regardless of any provision of this Act that may appear
to be |
or to have been more restrictive than those Acts, (ii) that the
|
provisions of this Section are not a limitation on the |
supplementary
authority granted by the Omnibus Bond Acts, and |
(iii) that instruments
issued under this Section within the |
supplementary authority granted by the
Omnibus Bond Acts are |
not invalid because of any provision of this Act that
may |
appear to be or to have been more restrictive than those Acts.
|
(Source: P.A. 87-984; 88-641, eff. 9-9-94.)
|
(Text of Section after amendment by P.A. 94-234)
|
Sec. 20-2. Indebtedness and bonds. For the purpose of |
|
creating a working
cash fund, the school board of any such |
district may incur an indebtedness and
issue bonds as evidence |
thereof in an amount or amounts not exceeding in the
aggregate |
85% of the taxes permitted to be levied for educational |
purposes for
the then current year to be determined by |
multiplying the maximum educational
tax rate or rates
|
applicable to such school district by the last assessed |
valuation or assessed valuations as
determined at the time of |
the issue of said bonds plus 85% of the last known
entitlement |
of such district to taxes as by law now or hereafter enacted or
|
amended, imposed by the General Assembly of the State of |
Illinois to replace
revenue lost by units of local government |
and school districts as a result of
the abolition of ad valorem |
personal property taxes, pursuant to Article IX,
Section 5, |
paragraph (c) of the Constitution of the State of Illinois. The
|
bonds shall bear interest at not more than the maximum rate |
authorized by the
Bond Authorization Act, as amended at the |
time of the making of the contract,
if issued before January 1, |
1972 and not more than the maximum rate authorized
by the Bond |
Authorization Act, as amended at the time of the making of the
|
contract, if issued after January 1, 1972 and shall mature |
within 20 years from
the date thereof. Subject to the foregoing |
limitations as to amount, the bonds
may be issued in an amount |
including existing indebtedness which will not
exceed the |
constitutional limitation as to debt, notwithstanding any |
statutory
debt limitation to the contrary. The school
board |
shall before or at the time
of issuing the bonds provide for |
the collection of a direct annual tax upon all
the taxable |
property within the district sufficient to pay the principal
|
thereof at maturity and to pay the interest thereon as it falls |
due, which tax
shall be in addition to the maximum amount of |
all other taxes, either
educational; transportation; |
operations and maintenance; or fire prevention and
safety fund |
taxes, now or hereafter authorized and in addition to any
|
limitations upon the levy of taxes as provided by Sections 17-2 |
through 17-9.
The bonds may be issued redeemable at the option |
|
of the school board of the
district issuing them on any |
interest payment date on or after 5 years from
date of issue.
|
With respect to instruments for the payment of money issued |
under this
Section either before, on, or after the effective |
date of this amendatory
Act of 1989, it is and always has been |
the intention of the General
Assembly (i) that the Omnibus Bond |
Acts are and always have been
supplementary grants of power to |
issue instruments in accordance with the
Omnibus Bond Acts, |
regardless of any provision of this Act that may appear
to be |
or to have been more restrictive than those Acts, (ii) that the
|
provisions of this Section are not a limitation on the |
supplementary
authority granted by the Omnibus Bond Acts, and |
(iii) that instruments
issued under this Section within the |
supplementary authority granted by the
Omnibus Bond Acts are |
not invalid because of any provision of this Act that
may |
appear to be or to have been more restrictive than those Acts.
|
(Source: P.A. 94-234, eff. 7-1-06.)
|
(105 ILCS 5/Art. 7A rep.) |
(105 ILCS 5/Art. 11A rep.) |
(105 ILCS 5/Art. 11B rep.) |
(105 ILCS 5/Art. 11D rep.)
|
(105 ILCS 5/18-8.2 rep.)
|
(105 ILCS 5/18-8.3 rep.)
|
(105 ILCS 5/18-8.5 rep.)
|
Section 15. The School Code is amended by repealing |
Articles 7A, 11A, 11B, and 11D and Sections 18-8.2, 18-8.3, and |
18-8.5.
|
Section 20. The School District Validation (1995) Act is |
amended by changing Section 5 as follows:
|
(105 ILCS 555/5)
|
Sec. 5. Validation. In all cases in which, before the |
effective date of
this Act, the regional superintendent of |
schools was required to publish notice
of a referendum to |
|
establish a community unit school district in territory
|
comprising 2 community unit school districts, 2 community |
consolidated school
districts, and 2 community high school |
districts and such notice was not
published by the regional |
superintendent of schools as required by Section
11A-5 of the |
School Code (now repealed) and a majority of the voters |
residing in each of the
school districts comprising the |
proposed community unit school district voted
in favor of the |
creation of such community unit school district in the general
|
election held on November 8, 1994, and in which territory at a |
subsequent
election similarly called and held a board of |
education has been chosen for
such district, each such election |
is hereby made legal and valid and such
territory is hereby |
declared legally and validly organized and established as a
|
community unit school district, and a valid and existing school |
district.
|
(Source: P.A. 89-416, eff. 11-22-95.)
|
Section 90. Savings clause. Any repeal made by this Act |
shall not affect or impair any of the following: suits pending |
or rights existing at the time this Act takes effect; any grant |
or conveyance made or right acquired or cause of action now |
existing under any Section, Article, or Act repealed by this |
Act; the validity of any bonds or other obligations issued or |
sold and constituting valid obligations of the issuing |
authority at the time this Act takes effect; the validity of |
any contract; the validity of any tax levied under any law in |
effect prior to the effective date of this Act; any offense |
committed, act done, penalty, punishment, or forfeiture |
incurred or any claim, right, power, or remedy accrued under |
any law in effect prior to the effective date of this Act; or |
the corporate existence or powers of any school district |
lawfully validated under any law in effect prior to the |
effective date of this Act. For any petition filed with the |
regional superintendent of schools under Article 7A, 11A, 11B, |
or 11D of the School Code prior to the effective date of this |
|
Act, the proposed action described in the petition, including |
all notices, hearings, administrative decisions, ballots, |
elections, and passage requirements relating thereto, shall |
proceed and be in accordance with the law in effect at the date |
of the filing. If the petition is approved by voters at a |
regularly scheduled election, the resulting school districts |
are eligible for supplementary State aid payments in accordance |
with Section 11E-135 of the School Code as if the petition was |
filed and approved in accordance with Article 11E of the School |
Code. Any school district eligible for supplementary State aid |
payments in accordance with subsection (I) of Section 18-8.05 |
or Section 18-8.2, 18-8.3, or 18-8.5 of the School Code prior |
to the effective date of this Act must have those payments |
continued in accordance with Section 11E-135 of the School |
Code.
|
Section 95. No acceleration or delay. Where this Act makes |
changes in a
statute that is represented in this Act by text |
that is not yet or no longer in
effect (for example, a Section |
represented by multiple versions), the use of
that text does |
not accelerate or delay the taking effect of (i) the changes
|
made by this Act or (ii) provisions derived from any other |
Public Act.
|
Section 99. Effective date. This Act takes effect July 1, |
2006. |